President-elect Donald Trump is reportedly contemplating the issuance of an executive order after taking office on Monday. This move is aimed at safeguarding TikTok as the deadline looms for the app to either sell its U.S. assets or face a ban, as reported by the Washington Post and CNN, referencing anonymous sources.

The proposed executive order would seek to enable TikTok’s 170 million users in America to keep using the app temporarily while the administration assesses potential buyers, as indicated by CNN on Wednesday.

In April, Congress enacted legislation mandating that TikTok’s Chinese parent company, ByteDance, divest its American operations if it wishes to continue its presence in the U.S. after Sunday. TikTok has contested this law in court, claiming it infringes upon the First Amendment right to free speech. Although the Supreme Court has yet to render a decision, it seems likely to uphold the law based on recent arguments heard on Friday.

It’s uncertain if Trump possesses the authority to suspend the law through an executive order. The Washington Post noted that Trump is mulling over an order that would pause the ban for 60 to 90 days. Nevertheless, Alan Rozenshtein, a law professor at the University of Minnesota, pointed out to the Post that while an executive order would clarify Trump’s intentions, it is not a “magical” measure that could eliminate the ban.

As the threat of a ban looms, many popular TikTok creators have expressed concerns about their livelihoods. Meanwhile, government attorneys have advocated for the law, suggesting that the app’s ownership structure poses risks, as the Chinese government could potentially access sensitive personal data of American users and influence the information they receive.

“Trump could emerge as the champion in this scenario,” stated Jennifer Grygiel, an associate communications professor at Syracuse University specializing in social media.

Discussion on the Trump administration’s strategy

Florida Republican Rep. Mike Waltz, who is set to be Trump’s national security adviser, spoke on Fox News with Bret Baier on Wednesday, stating that the administration would seek a way to preserve TikTok while also addressing national security issues.

“TikTok is an incredible platform,” Waltz mentioned. “We’re going to discover a way to maintain it and protect people’s data; that’s the negotiation we will face.”

When Sen. Richard Blumenthal, D-Conn., asked Pam Bondi, Trump’s nominee for Attorney General, during her Senate confirmation hearing whether she would commit to enforcing the sell-or-ban directive “promptly and effectively,” Bondi stated she couldn’t comment on ongoing litigation.

Later, Bondi assured Blumenthal that she would generally defend U.S. laws against challenges to their constitutionality, but she didn’t specifically commit to defending the TikTok ban.

“I’m not trying to be evasive, senator; I simply can’t discuss anything,” Bondi explained.

Implications of a TikTok ban

According to TikTok, around 170 million Americans and over 1 billion users globally engage with the platform for sharing and viewing videos. The incoming president, known for making deals, has requested the Supreme Court to pause the law to allow him time to negotiate a resolution that addresses national security worries while enabling TikTok’s operations in the U.S.

“He enjoys theatrics and might devise a scheme that doesn’t significantly impact him politically, but he’s unlikely to expend any political capital to rescue TikTok,” remarked James A. Lewis, a technology policy analyst at the Center for Strategic and International Studies, regarding the potential for Trump to intervene.

Reports from multiple sources indicate that TikTok is gearing up to shut down its app in the U.S. if the ban comes into effect on Sunday.

The ban would not immediately revoke access to TikTok for users. Instead, it would stop new downloads from app stores and hinder users from receiving app updates, likely making the app more challenging to utilize over time.

Contributors: Francesca Chambers and Bart Jansen