President Joe Biden's administration is considering how to keep TikTok available in the United States if a ban set to take effect Sunday takes effect, according to three people familiar with the matter.
"Americans should not expect to see TikTok suddenly banned on Sunday," an administration official said, adding that officials were "exploring options" on how to implement the law so TikTok doesn't get into trouble on Sunday.
If the administration moves forward with any such plans, it would mean the popular app's shutdown would not define his last full day in office and would defer the issue to Donald Trump's inauguration on Monday. Trump) processing.
Meanwhile, Trump's incoming national security adviser Mike Waltz told Fox News on Wednesday that the president-elect is ready to intervene to preserve the Chinese video app's access to the U.S. market . Trump's nominee for attorney general, Pam Bondi, declined to commit to enforcing the ban when asked about it during her Senate confirmation hearing on Wednesday.
Taken together, the moves represent a simultaneous effort by a hostile president to circumvent Congress and the Supreme Court, which stands ready to rule on the ban.
Still, a White House official insisted that not enforcing the ban would not be an option if it were upheld.
"We are not considering delaying the execution," the official said. "We don't believe we have the authority under the law to do that."
Biden and Trump's stance is a reversal from their one-time support for banning the app.
The Trump transition team did not respond to a request for comment on the plan.
TikTok is considering its options, including the last-ditch possibility of shutting down the app on Sunday, although it could also allow the app to remain active without future updates and bug fixes.
The law requires TikTok's Chinese owner ByteDance to divest from the company and find an outside buyer to take over within nine months. The window closes Sunday. The law also provides the president with the power to grant a one-time 90-day extension if "significant progress" is made on divestment.
The measure was enacted in the name of national security because lawmakers believed U.S. data was at risk of being leaked by China or that China could influence Americans by controlling content on TikTok. TikTok has long said the concerns are unfounded, and some of its users have filed lawsuits to block the law, challenging it on First Amendment grounds.
Without a sale, a moratorium on TikTok would mean these national security concerns remain unresolved, at least for now.
But just days before the potential ban, legions of U.S. TikTok users downloaded other Chinese alternatives that had similar security issues.
Trump, who unsuccessfully tried to impose a ban during his first term, vowed on the campaign trail last year to "save TikTok." Biden signed the ban in April as part of a $95 billion aid package to Ukraine and Israel. But now his White House is seeking to repeal the law.
Rep. Ro Khanna, D-Calif., a longtime Biden ally, is among a handful of lawmakers calling on the White House and the Supreme Court to halt the ban.
"I hope President Biden will listen to the millions of voices who don't want this app to go down," Khanna said. "He has the authority to extend the time to try to find a solution to prevent the app from shutting down."
Sen. Ed Markey, D-Mass., also said he had conveyed his concerns about the ban to White House officials and asked them to delay implementation.
He said they responded saying "we will consider it" but did not give a clear answer as to what would happen.
Late last month, Trump filed a brief with the Supreme Court urging the court to delay enforcement of that part of the law so the incoming president could "pursue a negotiated solution" to prevent TikTok from shutting down. In the brief, Trump attorney John Sauer argued that the president-elect “secured a strong electoral mandate from the American electorate to protect the free speech rights of all Americans — including the use of 170 million Americans on TikTok.”
Days later, Trump asked on his Truth Social platform: "Why should I get rid of TikTok?"
He included a chart showing his widespread influence on the short-form video app, which has 170 million U.S. users.
Last week, Supreme Court justices appeared unconvinced by TikTok's free speech arguments, although the court may decide to temporarily block the law while still ruling against the social media company.
During arguments, Chief Justice John Roberts noted that Congress found that TikTok's parent company was subject to Chinese law requiring it to assist in intelligence gathering.
"So should we ignore the fact that the ultimate parent company is actually going to do intelligence work for the Chinese government?" he asked.
When it comes to free speech issues, Roberts said, "Congress doesn't care about the content on TikTok."
He added that the law "is not saying TikTok has to stop." "They say China must stop controlling TikTok."
TikTok’s Asian headquarters is in Singapore, while parent company ByteDance is based in Beijing.
Some congressional Republicans who voted for the TikTok bill said they expected Trump would step in and negotiate a sale to U.S. interests once he takes office.
“They have to divest by law so that Trump can be effective by finding a buyer ... and he sees himself as the chief negotiator,” said Rep. Mike McCaul, the China hawk who chairs the Foreign Affairs Committee. When Congress passed the legislation last year. "Otherwise, I guess unless he can find a way to peel it off, it's going to be closed."
"A lot of influencers rely on TikTok," he continued. "They don't want to transform, but ByteDance is controlled outside of Beijing. This is not a threat to Congress, it's a threat to our children."
Louisiana Republican Senator John Kennedy said that if TikTok wants to continue operating in the United States, there is only one way to go: divest.
"Congress has passed this bill," he said. "I want the owners of TikTok to stand up and say, 'We will never share Americans' data with the Chinese Communist Party, and here's how to do it: divest from the parent company.'"