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> do the laws give the president the ability to block a foreign company in such situation? Yes, Congress has given the President the power to “regulate, direct
by sjy 6y ago
> do the laws give the president the ability to block a foreign company in such situation?
Yes, Congress has given the President the power to “regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States” [1], “to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat” [2]. This is the power that Trump is purporting to exercise.
[1] https://www.law.cornell.edu/uscode/text/50/1702 https://www.law.cornell.edu/uscode/text/50/1702
[2] https://www.law.cornell.edu/uscode/text/50/1701 https://www.law.cornell.edu/uscode/text/50/1701
- didibus 6y agoDo you know then on what grounds the judge enacted this block for now? The article is low on details.
- sjy 6y agoAccording to Ars Technica: “The majority of Nichols' order is currently sealed; both sides have until 11:00 Monday morning to tell the court if they think it can be unsealed.” https://arstechnica.com/tech-policy/2020/09/judge-will-rule-by-midnight-tonight-if-tiktok-can-stay-in-app-stores/ https://arstechnica.com/tech-policy/2020/09/judge-will-rule-... They also published Bytedance’s written complaint for injunctive relief, but it’s hard to know which arguments the judge accepted: https://cdn.arstechnica.net/wp-content/uploads/2020/09/tiktok_innunction_september.pdf https://cdn.arstechnica.net/wp-content/uploads/2020/09/tikto...