TikTok looks to sue Trump administration over US ban

Lawsuit will argue TikTok was denied due process by executive order blocking its use in US

TikTok says it wants to sue the Trump administration over its plan to block the Chinese-owned app in the US, with a lawsuit expected to be filed in the coming week. 

In the lawsuit the White House will be accused of denying the company due process.  The US president issued an executive order on August 6, 2020, which demanded transactions with the app be halted within 45 days, citing risks to national security.

“Even though we strongly disagree with the Administration’s concerns, for nearly a year we have sought to engage in good faith to provide a constructive solution,” TikTok said over the weekend.

“What we encountered instead was a lack of due process as the Administration paid no attention to facts and tried to insert itself into negotiations between private businesses.” 

In a separate order, on August 14, 2020, the US president gave parent company ByteDance 90 days to divest its TikTok business in the US. Microsoft and Oracle are among the parties in talks to buy the app. 

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President Trump has suggested the US Treasury receive a “very large percentage” of proceeds from the sale. 

The White House has yet to comment on TikTok’s legal action. The lawsuit, which will specifically challenge the August 6 order, will probably pay particular attention to Trump’s use of the International Emergency Economic Powers Act, which gives the president a broad array of powers to regulate economic transactions in the case of a national emergency. 

At the same time, users of WeChat, another Chinese app targeted by a similar Trump executive order, have filed their own lawsuit calling the move to block its use unconstitutional. The Tencent-owned app is widely used with Chinese living in the US.

FURTHER READING: Microsoft share price forecast: TikTok, or ticked off?

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