President-elect Trump should be the one to make the decision on whether TikTok can continue to operate in the United States because of the unique national security and First Amendment issues raised by the case, he said in an amicus brief Friday.
Trump's argument comes in an amicus brief that “does not support either party,” filed on Friday, weeks before the Supreme Court hears oral arguments on Jan. 10, 2025, on the law that would require TikTok to be removed from the control of a foreign adversary.
TikTok is owned by ByteDance, a Beijing-based company linked to the Chinese Communist Party.
“Today, President Donald J. Trump filed an amicus brief with the U.S. Supreme Court asking the court to extend the deadline that would cause the imminent shutdown of TikTok, and to allow President Trump the opportunity to resolve the issue in a way that saves and preserves TikTok,” Trump’s spokesperson and communications director said. Next to the White House, Stephen Cheung, told Fox News Digital: “US national security once he resumes office as President of the United States on January 20, 2025.”
President-elect Donald Trump speaks at AmericaFest, Sunday, Dec. 22, 2024, in Phoenix. (AP Photo/Rick Scottri)
“President Donald J. Trump (“President Trump”) is the 45th and soon-to-be 47th President of the United States of America,” the brief said. “On January 20, 2025, President Trump will assume responsibility for United States national security, foreign policy, and other vital executive functions.”
Trump claims that “this case represents an unprecedented, new, and difficult tension between the rights of free expression on the one hand, and concerns about foreign policy and national security on the other hand.” “As the next Chief Executive, President Trump has a particularly strong interest in and responsibility for matters of national security and foreign policy, and is the appropriate constitutional actor to resolve the conflict through political means.
President Trump also has a unique interest in the First Amendment issues raised in this case, the brief states. Through his historic victory on November 5, 2024, President Trump secured a strong electoral mandate from American voters to protect free speech rights. From all Americans, including the 170 million Americans who use TikTok.”
“President Trump is in a unique position to defend these interests,” the brief continues, because “the President and Vice President of the United States are the only elected officials who represent all of the nation’s voters.”
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