By Robert Chesney
On the evening of August 6, President Trump issued a pair of executive orders involving Chinese companies operating in the United States, one targeting TikTok and another targeting WeChat. As any teenager can tell you, some form of action against TikTok has been anticipated for a while. Indeed, I wrote a primer on the potentially-relevant legal frameworks for Lawfare on Sunday, August 2. Consider this a sequel, picking up the story where the primer left off.
1. Previously on Lawfare…
Of course, like any good sequel, we should begin with a look-back sequence. In my previous piece, I described two legal frameworks that might be the basis for some form of executive branch action against TikTok.
One of these involved the Committee on Foreign Investment in the United States (CFIUS). CFIUS for months has been conducting a retrospective review of the propriety of the transaction in which the Chinese company ByteDance bought the Chinese company Music.ly—which it later rebranded as TikTok—a few years before. The committee has statutory authority to block (or impose conditions on) corporate transactions involving the foreign acquisition of “U.S. entities” where the committee determines there is sufficient threat to U.S. national security interests—and the phrase “U.S. entities,” it turns out, is defined so broadly in the statute that it reaches a foreign-owned company with a substantial U.S. business presence. CFIUS, in short, might one day have determined that ByteDance must divest itself of TikTok’s U.S. operations.













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