Wednesday, January 22, 2025

Trump's 50/50 TikTok Plan May Violate SCOTUS Ruling


Canadian investor Kevin O’Leary is still interested in a TikTok deal, but it’s not possible under current law, he told CNBC, as President Donald Trump extended the deadline for a ban on the social media platform.

As part of a wave of executive orders on Monday, Trump delayed by 75 days the imposition of a law that would effectively ban TikTok in the U.S., allowing for “an opportunity to determine the appropriate course of action.” 

Trump had promised the move in a social media post on Sunday, also floating a deal that would see the platform, owned by China-based tech giant ByteDance, stay active under a joint venture with a 50% American stake. 

“That 50/50 deal, I would love to work with Trump on, so would every other potential buyer ... But the problem with some of these ideas is they are inconsistent with the ruling of the Supreme Court,” said O’Leary, widely known from his role in ABC’s “Shark Tank.” 

Kevin O'Leary
The investor announced that he, along with “The People’s Bid for TikTok,” an effort led by Project Liberty Founder Frank McCourt, had offered ByteDance $20 billion in cash to buy the platform in an appearance on Fox News’ “America’s Newsroom.”

Speaking to CNBC, he said the proposed deal did not include ByteDance’s TikTok algorithm, which has been a key point of scrutiny from U.S. lawmakers, adding that his group had its own alternative. 

According to O’Leary, while Trump’s ban extension has likely lent protection to the likes of Oracle and Akamai, it’s unclear if ByteDance’s deadline to divest will be extended.

“What we need is not really a 75 day extension. What we need is to go back and ask congress to open the order and provide for these new options, because they’re not provided for right now,” he said. 

“I would love to do a deal, if the law provided for it, but I don’t have the luxury of breaching the order of Congress,” he added.

Law experts who spoke to CNBC agreed that the legal status of TikTok and Trump’s executive order remained uncertain and that any efforts to make a deal for the platform could face challenges.

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