Ignoring Congress is the real TikTok threat
President Trump signed an executive order yesterday to extend the deadline for the congressional ban on TikTok if its parent company does not sell its U.S. operations to an American company. This is the third 90-day extension that Trump has signed.
Yet this action to extend the deadline a third time is clearly illegal. (It was also illegal the second time he took this action.) After all, the law allows only for one extension.* Congress voted for this law, and Trump himself signed it.
So why is this extension allowed to happen? The White House has not provided an explanation or the legal grounds for its actions, reported NPR's Jon Ruwich.
Given everything else on the political agenda — mass kidnappings deportations, a $3 trillion tax bill that cuts both Medicare and Medicaid, a potential war in Iran — the stakes on extending the TikTok ban seem low. Indeed, most people are comfortable with the delay and there are no objections to the extension. Not from TikTok, and not from either chamber of Congress.
But that’s exactly what makes this so dangerous.
Despite universal agreement that Trump does not have the power to do what he just did, the precedent is now set: a presidential executive order can override a law passed by Congress.
Now that this new norm has been established, what’s to stop it from happening when the stakes are much higher?
*The relevant law is the Protecting Americans from Foreign Adversary Controlled Applications Act, passed as part of Public Law 118-50. Division H, Section 3(c) states, "With respect to a foreign adversary controlled application, the President may grant a 1-time extension of not more than 90 days with respect to the date on which this subsection would otherwise apply to such application."