Letters Uncover Reasons Behind DOJ’s Inaction on TikTok Ban Enforcement

A recent Freedom of Information Act (FOIA) request unveiled correspondence between the Department of Justice and Apple regarding the TikTok ban. These letters indicate that the law might not be enforced as it would interfere with presidential oversight of foreign affairs. The ban on TikTok was initially implemented under the Protecting Americans from Foreign Adversary Controlled Applications Act during the Biden administration, although the groundwork for the ban was laid by former President Trump’s desire to eliminate the app. After the ban was put in place, Trump shifted his position upon realizing that many of his supporters utilized TikTok.

Shortly after taking office, he signed an executive order that postponed the ban while negotiations for a potential deal were pursued. Over the course of approximately five months, the ban faced multiple delays as no agreement was reached. During this time, Apple reintroduced TikTok to the App Store. This decision was influenced by the Attorney General’s statement indicating that the Department of Justice would not enforce the law.

Documents revealed through the FOIA request confirm that the Department of Justice has surrendered any claims against Apple regarding TikTok during specific periods. The correspondence from the Attorney General suggests that the enforcement of the law could interfere with foreign policy, a claim based on presidential authority under Article II of the Constitution. The rationale presented by the Trump administration for pausing the ban was primarily to gain favor with voters while seeking a deal to partially sell TikTok to American investors. This plan, dubbed “TikTok America,” would delineate ownership to allow compliance with the law.

However, China’s lack of interest in this arrangement has stalled progress. Meanwhile, Apple remains free from potential legal repercussions over TikTok but continues to feel the impacts of the broader policies enacted by the Trump administration. An upcoming earnings call is expected to elucidate the financial effects of these developments.