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Two separate orders: 1. Issued by Trump on August 6, which uses the International Emergency Economic Powers Act. https://www.whitehouse.gov/presidential-actio
by bigpumpkin 6y ago
Two separate orders:
1. Issued by Trump on August 6, which uses the International Emergency Economic Powers Act.
https://www.whitehouse.gov/presidential-actions/executive-order-addressing-threat-posed-tiktok/ https://www.whitehouse.gov/presidential-actions/executive-or...
This executive order was stopped by a preliminary injunction issued by Judge Nichols, who based his decision on an explicit exception in the International Emergency Economic Powers Act:
"
(b)Exceptions to grant of authority
The authority granted to the President by this section does not include the authority to regulate or prohibit, directly or indirectly—
(1) any postal, telegraphic, telephonic, or other personal communication, which does not involve a transfer of anything of value;
…
(3) the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. The exports exempted from regulation or prohibition by this paragraph do not include those which are otherwise controlled for export under section 4604 of this title, or under section 4605 of this title to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States, or with respect to which acts are prohibited by chapter 37 of title 18; ...
"
2.
An executive order by Trump based on CIFUS, which is forcing a divestment of TikTok's acquisition of Musical.ly (whose founders are Chinese but operated the company in the US). If not, the order would bar TikTok from operating in the US.
https://www.whitehouse.gov/presidential-actions/order-regarding-acquisition-musical-ly-bytedance-ltd/ https://www.whitehouse.gov/presidential-actions/order-regard...
The part of the order that would bar TikTok from operating in the US was halted by an injuction by Judge Wendy Beetlestone. Although she did not opine on the divestiture.