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They reopened with formal understanding that there will be an executive order tomorrow to suspend the enforcement of the ban. That is a big deal and it's someth
by extheat 2y ago
They reopened with formal understanding that there will be an executive order tomorrow to suspend the enforcement of the ban. That is a big deal and it's something that they can point to to defend themselves in court should that happen. When President Biden signed the bill, it gave him the ability to extend the deadline by an amount which he declined to do (beyond saying "I'll let Trump admin deal with it"); and soon-to-be President Trump is saying he will do it tomorrow.
- kllrnohj 2y agoI'm pretty certain an executive order cannot overrule a law. So they're just hoping to either get an actual reversal of the law while Trump is in term or just hoping nobody after him will care. It's like betting on jury nullification but without the benefit of double jeopardy protection. It's unclear if any of the US companies the law is aimed at will risk it.
- kelnos 2y agoAn executive order can't overrule a law, but it can direct the DoJ not to enforce a particular law.
- kllrnohj 2y agoWhich would be an EO counter the constitution and obviously not durable itself. In 4 years the next DOJ can just enforce the law on the books with 4 years of evidence of companies openly breaking it. It'd be a slam dunk case
- anon7000 2y agoThe law allows the president to grant a one time 90 day extension. (In this specific case)
- kllrnohj 2y agoTrump isn't president and the ban went into effect before he was. There's no legal extension possible anymore under this specific case.
- paulddraper 2y ago> formal understanding I think you mean "campaign promise." No legally significant action has been taken between now and yesterday.
- somenameforme 2y agoAre you privy to the private discussions between Trump and the heads of TikTok, Apple, Google, and Oracle? Or are you simply assuming there have been no such private discussions?
- comp_throw7 2y agoTrump isn't president yet, so any such conversations are not legally significant actions the way the person you're responding to meant.
- somenameforme 2y agoNot actions, but legally binding statements of intent. If Trump offered a binding statement to the heads of all major players that he intends to offer TikTok the 90-day window and work out a "deal" once in office would be more than sufficient justification for these companies to ease enforcement until things become more resolved.
- comp_throw7 2y agoThere is no mechanism by which Trump can offer a statement of intent that legally binds him to following that specific course of action after he becomes president.
- fc417fc802 2y agoAny violation and associated fine would proceed though court. I assume such a statement of intent would have meaning there.
- 2y ago