Even the lawmakers behind the TikTok ban have no idea what’s going on

Less than two years ago, TikTok was a crisis on Capitol Hill. Chairman of the House Select Committee on China He called it “digital fentanyl.” Who brainwashes young Americans to support Hamas. A former national security adviser said Allowing TikTok to remain in the United States under its Chinese owner “would be akin to allowing Soviet control of many major American newspapers and television channels during the Cold War.” Lawmakers left secret national security briefings about TikTok sharing serious concerns. It all culminated in Surprising insanity for a bipartisan bill Forcing Chinese parent company ByteDance to sell the app or face a ban, which… It quickly became law.

But nearly a year after the app was kicked out of the United States, TikTok is still widely available, thanks to intervention by President Donald Trump’s administration. The promised takeover by US investors, brokered through Trump, has been stalled for months. Lawmakers who passed the ban are remaining largely quiet.

Edge I reached out to nearly a dozen current and former lawmakers who voted for the bill and held key positions leading to it becoming law, including then-Chairman of the House Select Committee on China Mike Gallagher (R-Wis.) and Ranking Member Raja Krishnamurthy (D-Ill.). Someone commented on this story, and several did not respond to repeated requests. It’s unclear how most people feel about the impact of their push to force a sale or ban on TikTok, or what they think of the deal Trump promised that would bring TikTok — and the American tech providers that rely on them — into compliance with the law.

There are extenuating circumstances, primarily the 43-day government shutdown that threw Congress into disarray this fall. In a statement to EdgeSenate Commerce Committee member Maria Cantwell (D-WA) noted that there are still many unknowns about the Trump deal. “Congress is still waiting to be informed of how the TikTok sale will prevent Chinese algorithms from harming American citizens, the US military, and American interests,” she said. “The lack of transparency has raised concerns for both Democrats and Republicans who are still waiting for secure briefings on how to stop malicious actions.”

However, the fact remains that after months of panic over the alleged dangers of TikTok, Congress spent the year making relatively little fuss as Trump repeatedly extended the timeline for TikTok sales in clear violation of the recall or ban law. (Former President Joe Biden also tried to avoid enforcing the law he signed; Deadline He was struck on his last day in officeBut it is He directed it to Trump.) Ignoring a command to block a common app may pose less obvious harm than Reducing the federal workforce, Undermining birthright citizenshipAnd in general Exceeding the limits of the president’s powers. But TikTok is an actor One of the most obvious examples About how comfortable Trump is with ignoring the law — in this case, passed by more than 400 federal lawmakers and unanimously upheld by the Supreme Court. It also shows how uncomfortable lawmakers are standing up to him.

Edge Representatives of Cantwell, Gallagher, Krishnamurthy, House Select Committee on China Chairman John Moolenaar (R-MI), Senate Commerce Committee Chairman Ted Cruz (R-TX), former House Energy and Commerce Committee Chairman Cathy McMorris Rodgers (R-WA), Ranking Member Frank Pallone (D-NJ), Senate Intelligence Committee Chairman Tom Cotton (R-AZ), Vice Chairman Mark Warner (D-VA), and Senator Gooch have been contacted. Hawley (R-MO). Of these, the only comment came from Cantwell.

During previous extensions of the ban deadline, some lawmakers, including Republicans, have issued muted statements about the importance of enforcing it, often without going so far as to criticize the Trump administration’s blatant challenge to their legislation. around The second supra-legal extension of the president In April, many Republicans He struck a stern tone On the need for a deal that complies with the law, but did not directly address Trump’s extension. Hawley told reporters that he would “advise the president against” a deal that does not comply with the law, and if that is not possible through a sale, he should “enforce the law and ban TikTok. I don’t think that middle path is viable.” said Warner, a Democrat Edge After Trump’s second extension, “the whole thing will be a sham if the algorithm doesn’t get out of Beijing’s hands.”

After Trump He issued his executive order In September, Moolenaar, the current head of the China Commission, outlined how TikTok could be saved. Pledge to take action “Full oversight” of the Trump-brokered deal, “starting with an urgent briefing I requested from the administration.” Moolenaar also said he intends to invite leaders of the new TikTok entity to testify before his committee next year.

In recent weeks, the Trump administration has claimed that TikTok is finally on the verge of being sold. Here’s what we know about the deal so far, from the executive order and reports from various outlets:

It is still unclear whether China will allow ByteDance to sell TikTok. Trump said President Xi Jinping generally gave his approval, but after the two leaders met in late October, there was no approval. Little sign of progress.

Even if China accepts the deal, it is not clear that the agreement meets the legal requirements for divestment. Licensing the TikTok algorithm would likely constitute an ongoing operating relationship between the US entity and ByteDance, which is expressly prohibited by law.

After Trump’s deal was announced, Moolenaar said he had concerns about licensing the algorithm. “I think anytime you (China) has influence over the algorithm, I think that’s a problem,” Moolenaar said. according to Reuters. “I just think you have to have a new algorithm, and I don’t know that you can reprogram.” But he said he was waiting for more details from the White House.

Moolenaar and hundreds of his colleagues moved as quickly as Congress moved to pass the TikTok bill last year. These lawmakers declared how important it was to remove TikTok’s Chinese ownership. But the result, at this point, looks like a sweetheart deal TikTok sold to one of the president’s closest alliesPerhaps even without cutting all of the app’s ties to China. In the process, Trump demonstrated his willingness to ignore the will of Congress, and Congress, in turn, demonstrated its unwillingness to fight the battle.