Two Trump executive orders, four years apart, and the changing fate of TikTok

The saga of two executive orders highlights the stark contrasts in the approach that U.S. President-elect Donald Trump could take on the same issue.

U.S. President Donald Trump, who initiated the troubles for TikTok in the U.S. with an executive order in 2020, is now positioned to potentially rescue the app as President-elect. In August 2020, Trump imposed sanctions on TikTok's Chinese parent company, ByteDance, citing national security concerns. However, in January 2025, just before his re-inauguration, Trump announced plans to issue a new executive order allowing ByteDance more time to find an approved buyer before facing a permanent ban in the U.S.

This marks a significant shift in Trump's stance toward TikTok, going from imposing sanctions to offering a lifeline to the platform.

Legal expert Harry Litman discussed the limitations facing the president regarding a new law passed by Congress, telling sources, "Presidents cannot simply ignore laws passed by Congress." He pointed out the possibility of a "qualified divestiture" in response to the law, but stressed that Trump would have to issue a declaration to Congress that could be deemed misleading.

Litman further noted that with no buyer in sight, and Bytedance and China firmly stating, "We’ll never sell," the situation remains complicated. If Trump were to issue another executive order attempting to bypass the law, Litman warned that it could face immediate legal challenges, especially with strong legal precedents and Congress's stance. He added, "Trump may see himself as the ultimate dealmaker, but his legal constraints will significantly limit his options once he takes office."