President-elect Donald Trump told ABC News in an interview Saturday that he likely will TikTok 90-day extension to avoid ban in the United States.
The app will be banned as a result of a bipartisan congressional bill that ordered the platform to cut ties with China-based parent company ByteDance by Sunday.
Trump, who called for a ban on TikTok during his first administration, has argued in recent months that the app should not be taken down and told ABC News that he is considering his options.
“I’ll be the one to make the decision. I’ll probably extend it for 90 days,” he told ABC’s Rachel Scott. “You have a 90 day extension as you probably know. I’ll do that until I figure something out.”
He did not provide any further details on whether an extension could be set.
The bipartisan law has a provision that allows for an extension, but only if it meets all three conditions and is certified by the president. The first condition is “the way to carry out a qualified divestment has been identified”; the second is “evidence of significant progress towards the realization of a qualified divestment”; and the third condition is “relevant legal binding agreements to enable the realization of such qualified divestment within the period of such extension,” according to the text of the law.
Jeffrey Fisher, a lawyer for several TikTok creators, told the Supreme Court this month that the incoming president does not have that power under the law.
“As I understand the law, it’s 270 days unless extended, and once that time is up, I’m not sure you’re talking about an extension,” Fisher told the Superior Court about the Jan. 19 deadline.
During oral arguments, U.S. Attorney General Elizabeth Prelogar was asked about this scenario, but she did not take a position, saying it remains an open question of “statutory interpretation.”
Two of the justices – Brett Kavanaugh and Neil Gorsuch – indicated that Trump would have the power to extend the deadline by reading, but the Supreme Court did not immediately have a word on this matter.
Time is running out for US TikTok users, with the company saying on Friday that it will be “forced to go dark” on Sunday unless the White House issues a “definitive” statement about its future.
In response to TikTok’s statement, White House press secretary Karine Jean-Pierre said in a statement on Saturday that TikTok’s threat to go dark on Sunday was “an illusion”.
“We have made our position clear and straightforward: Actions to implement this law will be left to the next administration. So TikTok and other companies should take all concerns with them,” he said.
In addition to his plans for TikTok, the president-elect also gave a preview of the executive actions he wants to take on the first day in an interview with ABC News.
Trump said he expected it a lot of attention on immigration and rolling back Biden’s electric vehicle production orders.
“We have to get them out and we’re ready to do it, or we won’t have a country,” Trump said of undocumented immigrants.
“And the electric (vehicle) mandate, I think you’re going to see that disappear quickly. How ridiculous that was,” he added.
ABC News’ Devin Dwyer contributed to this report.