President-elect Trump could keep his pledge to “save” TikTok – and still address national security concerns that spurred Congress to authorize a ban — by brokering a sale of the Chinese-owned app to a US buyer, experts told The Post.
China-based ByteDance has until Jan. 19 to completely divest its stake in TikTok or face a total US ban of the app.
In a last-ditch scramble to nix the law, ByteDance and TikTok have appealed to the Supreme Court and cozied up to Trump in the hope that he can somehow intervene.
The Supreme Court agreed to take up the case on Wednesday and has scheduled oral arguments for Jan. 10 — just nine days before the ban takes effect.
A US appeals court previously rejected TikTok’s bid to block the bill in a 3-0 decision, which suggests the company faces an uphill battle to win a late reprieve.
If Trump agrees that TikTok should remain online in the US and decides to get involved, a full divestiture is the only realistic path forward, according to Michael Sobolik, senior fellow at American Foreign Policy Council and author of Countering Chinas Great Game.
If you really want TikTok to operate in the United States, and if you want it to operate safely for Americans, then there needs to be a complete separation from its parent company, Sobolik said. And there cannot be any sort of ownership or control, direct or indirect, from a foreign adversary government. I don’t think there’s any alternative.
Trump who led the original push to ban TikTok during his first term said at a Monday press conference that he has a warm spot in my heart for TikTok and would take a look at the situation. Soon after, Trump met with TikTok CEO Shou Zi Chew at his Mar-a-Lago resort in Florida.
Details from the meeting have yet to emerge and its unclear whether the talks between Trump and Chew yielded any progress toward a resolution.
Representatives for TikTok and the Trump transition team did not return requests for comment.
Brokering a deal will be no easy feat. TikTok has insisted that it is not for sale and argued that the tight divestment window made finding a buyer impossible, even if it were inclined.
China also has said it will resist any attempt to force a TikTok sale and Beijing has export controls to stop the sale of its algorithm.
Still, the looming deadline creates a great opportunity for a win-win situation if Trump can hammer out a deal, according to Rep. John Moolenaar (R-Mich.), chairman of the House Select Committee on China, which led the charge on the ban-or-sale bill.
Subscribe to our daily Business Report newsletter!
Please provide a valid email address.
By clicking above you agree to the Terms of Use and Privacy Policy.
Never miss a story.
President Trump is a great negotiator. He loves America. He loves our national security, Moolenaar told The Post. He also recognizes that TikTok is a very valuable platform, and I think he will be able to put together a coalition of people who want to see this app continue in the United States, but do it in a secure way.
The Justice Department described TikTok as a national-security threat of immense depth and scale that functions as a Chinese spying and propaganda tool on US soil, capable of secretly manipulating content served to users through its recommendation algorithm and mass data collection such as location-tracking, among other risks.
TikTok has argued that the sale-or-ban law is unconstitutional and vehemently denied that it poses a threat to national security.
Aside from helping to negotiate a deal for TikTok, Trump is limited in what he can do to intervene. The law gives the president the power to impose a 90-day extension on the Jan. 19 deadline if there are signs of significant progress toward a deal.
Trump could push Congress to amend or reverse the law, but that could prove difficult given the overwhelming bipartisan support it received.
He could also direct the Justice Department not to enforce the law but that would shift major legal liability to app store operators like Google and Apple.
Last week, the House Select Committee on China sent letters to Google’s Sundar Pichai and Apple’s Tim Cook reminding them they are obligated to remove TikTok from their app stores by Jan. 19 if a sale wasn’t reached.
The uncertainty about Trumps strategy on TikTok has created a conundrum for Republicans including some close allies who have vocally supported a ban.
“Trump was the original champion for the TikTok ban, so it makes it difficult for his fellow Republicans to now have another opinion, one DC insider who requested anonymity said. Trump can get away with that, but they certainly can’t.”
While softening his rhetoric toward TikTok, Trump has appointed several China hawks and outspoken TikTok critics to key Cabinet and government agency positions.
That includes Secretary of State nominee Marco Rubio, Under Secretary of State nominee Jacob Helberg, incoming US Ambassador to the United Nations Elise Stefanik and FCC Chairman Brendan Carr.
Its possible that Trump will seek to use TikTok as a bargaining chip as part of broader negotiations with China, according to Nathan Leamer, a former FCC policy adviser and CEO of Fixed Gear Strategies.
With Trump in office, its a whole new ballgame to hold China accountable, Leamer said. TikTok is an arrow in his quiver. Maybe they do make a deal for the CCP to divest. No one is against the platform if its separate from ownership by a totalitarian state.
NHS funding could be linked to patient feedback under new plans, with poorly performing services that “don’t listen” penalised with less money.
As part of the “10 Year Health Plan” to be unveiled next week, a new scheme will be trialled that will see patients asked to rate the service they received – and if they feel it should get a funding boost or not.
It will be introduced first for services that have a track record of very poor performance and where there is evidence of patients “not being listened to”, the government said.
This will create a “powerful incentive for services to listen to feedback and improve patients’ experience”, it added.
Sky News understands that it will not mean bonuses or pay increases for the best performing staff.
NHS payment mechanisms will also be reformed to reward services that keep patients out of hospital as part of a new ‘Year of Care Payments’ initiative and the government’s wider plan for change.
Please use Chrome browser for a more accessible video player
2:04
Do you want AI listening in on chats with your doctor?
Speaking to The Times, chief executive of the NHS Confederation Matthew Taylor expressed concerns about the trial.
He told the newspaper: “Patient experience is determined by far more than their individual interaction with the clinician and so, unless this is very carefully designed and evaluated, there is a risk that providers could be penalised for more systemic issues, such as constraints around staffing or estates, that are beyond their immediate control to fix.”
He said that NHS leaders would be keen to “understand more about the proposal”, because elements were “concerning”.
Health Secretary Wes Streeting said: “We will reward great patient care, so patient experience and clinical excellence are met with extra cash. These reforms are key to keeping people healthy and out of hospital, and to making the NHS sustainable for the long-term as part of the Plan for Change.”
In the raft of announcements in the 10 Year Health Plan, the government has said 201 bodies responsible for overseeing and running parts of the NHS in England – known as quangos – will be scrapped.
These include Healthwatch England, set up in 2012 to speak out on behalf of NHS and social care patients, the National Guardian’s Office, created in 2015 to support NHS whistleblowers, and the Health Services Safety Investigations Body (HSSIB).
The head of the Royal College of Nursing described the move as “so unsafe for patients right now”.
Professor Nicola Ranger said: “Today, in hospitals across the NHS, we know one nurse can be left caring for 10, 15 or more patients at a time. It’s not safe. It’s not effective. And it’s not acceptable.
“For these proposed changes to be effective, government must take ownership of the real issue, the staffing crisis on our wards, and not just shuffle people into new roles. Protecting patients has to be the priority and not just a drive for efficiency.”
Elsewhere, the new head of NHS England Sir Jim Mackey said key parts of the NHS appear “built to keep the public away because it’s an inconvenience”.
“We’ve made it really hard, and we’ve probably all been on the end of it,” he told the Daily Telegraph.
“The ward clerk only works nine to five, or they’re busy doing other stuff; the GP practice scrambles every morning.”
Thousands of people have taken to the streets in Tehran to mourn top military commanders, nuclear scientists and others killed in Iran’s 12-day war with Israel.
Iran’s state-run Press TV said the event – dubbed the “funeral procession of the Martyrs of Power” – was held for a total of 60 people, including four women and four children.
It said at least 16 scientists and 10 senior commanders were among the dead, including the head of the Revolutionary Guard General Hossein Salami and the head of the guard’s ballistic missile programme, General Amir Ali Hajizadeh.
Their coffins were driven on trucks into the Iranian capital’s Azadi Square adorned with their pictures as well as rose petals and flowers, as crowds waved Iranian flags.
Image: Mourners at the funeral procession in Tehran. Pic: Majid Asgaripour/WANA/Reuters
Mourners dressed in black, while chants of “death to America” and “death to Israel” could be heard.
Attending the funeral were Iranian President Masoud Pezeshkian and other senior figures, including Ali Shamkhani who was seriously wounded during the conflict and is an adviser to Iran‘s Supreme Leader Ayatollah Ali Khamenei.
There was no immediate sign of the supreme leader in the state broadcast of the funeral.
Image: A woman holds a picture of Iran’s supreme leader. Pic: Reuters
Israel, the only Middle Eastern country widely believed to have nuclear weapons, said its war against Iran aimed to prevent Tehran from developing its own nuclear weapons.
The US launched strikes on three nuclear enrichment sites in Iran, which Donald Trump said left them “obilterated”.
The Iranian government denies having a nuclear weapons programme and the UN nuclear watchdog, which carries out inspections in Iran, has said it has “no credible indication” of an active, coordinated weapons programme in the country.
Please use Chrome browser for a more accessible video player
2:00
New details on US attacks on Iran
Over the almost two weeks of fighting, Israel claimed it killed around 30 Iranian commanders and 11 nuclear scientists, before a ceasefire went into effect on Tuesday.
By a majority of 6-3, the highest court in the land has ruled that federal judges have been overreaching in their authority by blocking or freezing the executive orders issued by the president.
Over the last few months, a series of presidential actions by Trump have been blocked by injunctions issued by federal district judges.
The federal judges, branded “radical leftist lunatics” by the president, have ruled on numerous individual cases, most involving immigration.
They have then applied their rulings as nationwide injunctions – thus blocking the Trump administration’s policies.
Image: Donald Trump addresses a White House news conference. Pic: AP
“It was a grave threat to democracy frankly,” the president said at a hastily arranged news conference in the White House briefing room.
“Instead of merely ruling on the immediate case before them, these judges have attempted to dictate the law for the entire nation,” he said.
In simple terms, this ruling – from a Supreme Court weighted towards conservative judges – frees up the president to push on with his agenda, less opposed by the courts.
“This is such a big day,” the president said.
“It gives power back to people that should have it, including Congress, including the presidency, and it only takes bad power away from judges. It takes bad power, sick power and unfair power.
“And it’s really going to be… a very monumental decision.”
Image: The Supreme Court on Capitol Hill in Washington DC. File pic: AP
The country’s most senior member of the Democratic Party was to the point with his reaction to the ruling.
Senate minority leader Chuck Schumer called it “an unprecedented and terrifying step toward authoritarianism, a grave danger to our democracy, and a predictable move from this extremist MAGA court”.
In a statement, Schumer wrote: “By weakening the power of district courts to check the presidency, the court is not defending the constitution – it’s defacing it.
“This ruling hands Donald Trump yet another green light in his crusade to unravel the foundations of American democracy.”
Please use Chrome browser for a more accessible video player
2:57
Trump’s ‘giant’ Supreme Court win
Federal power in the US is, constitutionally, split equally between the three branches of government – the executive branch (the presidency), the legislative branch (Congress) and the judiciary (the Supreme Court and other federal courts).
They are designed to ensure a separation of power and to ensure that no single branch becomes too powerful.
This ruling was prompted by a case brought over an executive order issued by President Trump on his inauguration day to end birthright citizenship – that constitutional right to be an American citizen if born here.
A federal judge froze the decision, ruling it to be in defiance of the 14th amendment of the constitution.
The Supreme Court has deferred its judgment on this particular case, instead ruling more broadly on the powers of the federal judges.
The court was divided along ideological lines, with conservatives in the majority and liberals in dissent.
Spotify
This content is provided by Spotify, which may be using cookies and other technologies.
To show you this content, we need your permission to use cookies.
You can use the buttons below to amend your preferences to enable Spotify cookies or to allow those cookies just once.
You can change your settings at any time via the Privacy Options.
Unfortunately we have been unable to verify if you have consented to Spotify cookies.
To view this content you can use the button below to allow Spotify cookies for this session only.
In her dissent, liberal Justice Ketanji Brown Jackson wrote: “As I understand the concern, in this clash over the respective powers of two coordinate branches of government, the majority sees a power grab – but not by a presumably lawless executive choosing to act in a manner that flouts the plain text of the constitution.
“Instead, to the majority, the power-hungry actors are… (wait for it)… the district courts.”
Another liberal Justice, Sonia Sotomayor, described the majority ruling by her fellow justices as: “Nothing less than an open invitation for the government to bypass the constitution.”
Conservative Justice Amy Coney Barrett, who Trump appointed during his first term, shifting the balance of left-right power in the court, led this particular ruling.
Writing for the majority, she said: “When a court concludes that the executive branch has acted unlawfully, the answer is not for the court to exceed its power, too.”
Follow The World
Listen to The World with Richard Engel and Yalda Hakim every Wednesday
The focus now for those who deplore this decision will be to apply ‘class action’ – to file lawsuits on behalf of a large group of people rather than applying a single case to the whole nation.
There is no question though that the president and his team will feel significantly emboldened to push through their policy agenda with fewer blocks and barriers.