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TikTok to Sue Trump Administration over Ban, as Soon as Tuesday

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Re: TikTok to Sue Trump Administration over Ban, as Soon as Tuesday

#11

Completely expected. Trump doesn’t really have a good track record in coming up with legal executive orders, while Tiktok is completely in their rights to contest this order. And...judicial review is what sets the USA apart from China.

You realize US presidents have imposed embargo via executive orders against nations for decades right? Cuba? Huawei?

Whether you think it's right or wrong, legally, it has prescient.

Re: TikTok to Sue Trump Administration over Ban, as Soon as Tuesday

#12

Completely expected. Trump doesn’t really have a good track record in coming up with legal executive orders, while Tiktok is completely in their rights to contest this order. And...judicial review is what sets the USA apart from China.

You realize US presidents have imposed embargo via executive orders against nations for decades right? Cuba? Huawei? Whether you think it's right or wrong, legally, it has prescient.

Yes, but Trump, again, doesn’t have a good track record here. There are powers they have and powers they don’t have, they have to read up on law and tread carefully, Trump and whatever advisers he is listening to haven’t been shown to be apt at that.

Re: TikTok to Sue Trump Administration over Ban, as Soon as Tuesday

#14

I'd start the questioning like this... "On an average day how many kids under 13 do you think join TikTok without their parents knowledge?" "On an average day, how many teens under 18 and preteens dance in a manner that would be considered provocative on your platform?"

If the reason for banning TikTok is to "protect the kids" why not say so in the order, instead of using some vague "national security" excuse? Clearly the TikTok ban had nothing to do with young kids using it or dancing provocatively, and the administration clearly isn't thinking about the kids when the ban was ordered.

Re: TikTok to Sue Trump Administration over Ban, as Soon as Tuesday

#15
post #8

Earlier quoted context omitted.

Might be a good political argument but not a legal one.

The legal argument is much more clear though. The US can impose embargo via executive order. Keep in mind Australia dropped Huawei over security concerns for their national broadband network back in 2012. China is a totalitarian regime that suppresses speech and is reeducating an entire ethnic group, possibly even forcing them into factory jobs.

If you read the article, they are also contesting the fact the order was rushed and bans ByteDance from retaining US lawyers once the ban is in effect, which is a violation of due process.

So the legal argument from ByteDance actually has merit in that respect, regardless of the political debate.

Re: TikTok to Sue Trump Administration over Ban, as Soon as Tuesday

#16
post #8

Earlier quoted context omitted.

Might be a good political argument but not a legal one.

The legal argument is much more clear though. The US can impose embargo via executive order. Keep in mind Australia dropped Huawei over security concerns for their national broadband network back in 2012. China is a totalitarian regime that suppresses speech and is reeducating an entire ethnic group, possibly even forcing them into factory jobs.

[deleted]

Re: TikTok to Sue Trump Administration over Ban, as Soon as Tuesday

#17
Seems natural. The only proof he has of the claims of risks against national security seems to be his typical wild ramblings of “a lot of people say! Everyone knows! Just read the manuals, read the books!” While not being able to mention a single name or fact.

If trump forces trough this sale, the EU are bring morons if they don’t forcefully take over EU facebooks and LinkedIn business by Wednesday next week.

Re: TikTok to Sue Trump Administration over Ban, as Soon as Tuesday

#18

Completely expected. Trump doesn’t really have a good track record in coming up with legal executive orders, while Tiktok is completely in their rights to contest this order. And...judicial review is what sets the USA apart from China.

You realize US presidents have imposed embargo via executive orders against nations for decades right? Cuba? Huawei? Whether you think it's right or wrong, legally, it has prescient.

That's not what he means. They consistently pass exec orders that at the core would be legal, if they allowed for due process, but they rush it or are incompetent so they get overturned.

In this case, the order bans any US citizen from doing business with ByteDance, and doesn't make a carve out for retaining a US lawyer, which is a violation of due process and means a judge could overturn the order.

If they just added that carve out, it would probably be entirely legally defensible. That one dumb mis-step could mean it gets overturned. This keeps happening with the Trump admin, it's the same reason the DACA repeal was overturned by the supreme court.

Re: TikTok to Sue Trump Administration over Ban, as Soon as Tuesday

#19
> The source familiar with TikTok's internal discussions on the matter says the president's order appeared rushed and did not include carveouts or exceptions for TikTok to maintain any legal representation, which the company plans to argue is a violation of due process rights.

This is the important part for me and the reason the order could actually be overturned and need to be redone.

The administration keeps doing these half-assed orders that would go through fine if they just did the process correctly, but for one reason or another they seem incapable of it.

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