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U.S. Court Denies TikTok’s Request to Delay Pending Ban

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A U.S. appeals court on Friday rejected TikTok’s emergency motion to temporarily halt enforcement of a law requiring its Chinese parent company, ByteDance, to divest the app by January 19, leaving TikTok with limited options to prevent a potential shutdown in the United States.

TikTok and ByteDance had filed the motion earlier in the week with the U.S. Court of Appeals for the District of Columbia, seeking more time to prepare their case for the Supreme Court. The companies argued that the law would effectively ban TikTok, a platform with over 170 million monthly users in the U.S., and significantly harm free speech.

The appeals court denied the request, noting that TikTok and ByteDance failed to cite precedent for a court enjoining a congressional act while awaiting Supreme Court review. “We find no case in which such action has been taken,” the court said in its unanimous order.

Following the ruling, TikTok announced plans to escalate the matter to the Supreme Court. A TikTok spokesperson emphasized the platform’s role as a critical speech platform and expressed confidence in the Court’s history of upholding free speech protections.

The law in question mandates that ByteDance divest its ownership of TikTok by January 19 or face a U.S. ban on the app. It also empowers the government to prohibit other foreign-owned apps deemed a national security risk due to data collection practices.

The U.S. Justice Department has defended the law, asserting that ByteDance’s control of TikTok poses “a continuing threat to national security.” TikTok disputes this claim, highlighting that U.S. user data and content moderation are managed domestically, with data stored on Oracle-operated cloud servers.

If the Supreme Court does not overturn the ruling, the app’s fate will hinge on decisions by President Joe Biden and his successor, President-elect Donald Trump. Biden must determine whether to grant a 90-day extension to the January 19 deadline, while Trump, who takes office the following day, has historically opposed a TikTok ban. However, Trump recently indicated he would not pursue the ban if elected.

On a related front, members of the U.S. House of Representatives committee on China have urged Alphabet (Google’s parent) and Apple to prepare to remove TikTok from their app stores if the law takes effect on January 19.

U.S. Port Workers and Operators Reach Deal to End East Coast Strike Immediately

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U.S. dock workers and port operators have reached a tentative agreement that will immediately end the crippling three-day strike that had shut down shipping across the East Coast and Gulf Coast. The deal, announced Thursday, includes a wage hike of around 62% over six years, raising average wages from $39 an hour to about $63 an hour, according to sources familiar with the negotiations.

The strike, led by the International Longshoremen’s Association (ILA) and affecting 45,000 port workers, was the largest work stoppage of its kind in nearly 50 years. It caused significant delays in unloading container ships from Maine to Texas, resulting in backlogs of anchored ships and threatening supply shortages across the country. Critical supplies, from food to auto parts, were held up due to the strike, which impacted 36 major ports, including those in New York, Baltimore, and Houston.

The wage increase comes after the ILA initially sought a 77% raise, while the United States Maritime Alliance (USMX), representing the employers, had previously offered nearly a 50% increase. The two sides also agreed to extend their master contract until January 15, 2025, allowing more time to negotiate unresolved issues, including the contentious topic of port automation, which the union argues could lead to significant job losses.

Harold Daggett, the ILA’s president, had voiced concerns about automation, accusing companies like Maersk and APM Terminals of pushing projects that would reduce jobs. The Biden administration supported the union’s demands for higher wages, citing the shipping industry’s substantial profits since the COVID-19 pandemic and applying pressure on port operators to reach an agreement.

President Joe Biden welcomed the tentative deal, calling it “critical progress towards a strong contract” and affirming the importance of collective bargaining. The White House had been heavily involved in facilitating the agreement, with Chief of Staff Jeff Zients leading early morning discussions with shipping CEOs to emphasize the urgency of reopening ports, particularly in light of hurricane recovery efforts in southeastern states. By midday Thursday, port operators had agreed to a higher offer, leading to a breakthrough in negotiations.

The port strike, which began on Tuesday, marked the ILA’s first major work stoppage since 1977 and had already resulted in at least 45 container ships anchored outside East and Gulf Coast ports by Wednesday, a sharp increase from the three ships seen before the strike. Analysts at JP Morgan estimated that the strike was costing the U.S. economy approximately $5 billion per day.

Industry leaders, such as the National Retail Federation and National Association of Manufacturers, expressed relief at the resolution, calling the decision to end the strike “good news” for the economy and supply chains. However, they urged both parties to quickly finalize a lasting deal to prevent further disruptions.

While economists noted that the short-term strike may not lead to immediate price hikes due to companies accelerating shipments before the strike, they warned that a prolonged stoppage could eventually affect consumer prices, particularly for food items.

Prosecutors Allege Trump “Resorted to Crimes” to Overturn 2020 Election in New Court Filing

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Prosecutors have accused Donald Trump of committing crimes to overturn the results of the 2020 election, according to a newly released court filing. The Special Counsel Jack Smith, appointed to lead the election interference case, argued that Trump is not immune from prosecution despite his claims to protection under a recent Supreme Court ruling.

In the 165-page document made public on Wednesday, prosecutors claim Trump engaged in a “private criminal effort” to challenge the election results. They argue that many of Trump’s alleged actions were not official acts as president but rather connected to his campaign or his role as a private citizen. The filing contends that the Supreme Court’s ruling, which grants immunity for official acts, does not apply to Trump’s efforts to overturn the election.

The document alleges that Trump and his allies, including Rudy Giuliani, sought to exploit the January 6th Capitol riots to delay the certification of Joe Biden’s election victory. Prosecutors presented evidence that Trump had always intended to declare victory, regardless of the election outcome, and knowingly spread false claims about voter fraud. The filing details efforts by Trump’s campaign to challenge ballots in key battleground states, including Michigan, where a Trump operative allegedly sought to fabricate reasons for legal challenges to Biden’s votes.

Prosecutors highlighted several instances of dissent from Mike Pence, Trump’s then vice-president, who repeatedly rejected Trump’s demands to overturn the election results. They also alleged that Trump showed indifference when informed that rioters had endangered Pence’s life during the Capitol insurrection, reportedly responding, “So what?”

Trump’s legal team has dismissed the filing as unconstitutional and riddled with falsehoods, while Trump himself labeled the case a “hit job” on Truth Social. He criticized the timing of the release, with the upcoming 2024 election in mind, accusing prosecutors of misconduct.

The filing provides new evidence and offers the clearest picture yet of the case against Trump, but a trial date has not yet been set. Trump continues to deny any wrongdoing and predicts his “complete victory” in the case.