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rdking647

(5,113 posts)
Thu Aug 6, 2020, 11:07 PM Aug 2020

Trump issues executive orders banning U.S. transactions with WeChat and TikTok in 45 days

Source: cnbc

The orders would basically ban the app in the United States as it would prohibit “any transaction that is related to WeChat by any person, or with respect to any property, subject to the jurisdiction of the United States, with Tencent Holdings Ltd.”

The same order was issued for TikTok and its Beijing-based owner, ByteDance.

TikTok “may also be used for disinformation campaigns that benefit the Chinese Communist Party,” Trump said in the executive order banning the video-sharing app. “The United States must take aggressive action against the owners of TikTok to protect our national security.”

Read more: https://www.cnbc.com/2020/08/07/trump-issues-executive-orders-to-ban-us-transactions-with-wechat-tiktok.html



how is theis even remotely constitutional. it is a clear 1st amendment violation
28 replies = new reply since forum marked as read
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Trump issues executive orders banning U.S. transactions with WeChat and TikTok in 45 days (Original Post) rdking647 Aug 2020 OP
The following is Amendment 1 of the U.S. Constitution: Stuart G Aug 2020 #1
Its not congress though its the President so they will probably try to argue its legal. cstanleytech Aug 2020 #6
The President cannot make laws. Trump will lose.. Stuart G Aug 2020 #7
Probably but in the meantime he creates a potential distraction. cstanleytech Aug 2020 #13
An Executive Order has the force of law, until/unless one of the following happens... thesquanderer Aug 2020 #25
Thank You for your information. Stuart G Aug 2020 #27
Let's not forget... Newest Reality Aug 2020 #2
Garfield Goose is the only King of the United States. murielm99 Aug 2020 #19
Oh, yes. Newest Reality Aug 2020 #26
It's past time to take his stupid sharpie away. C_U_L8R Aug 2020 #3
The best TikTok disinformation campaign cojoel Aug 2020 #4
You can find some hilarious pro-chinese anti-west CCP propaganda directed toward westerners on it Sapient Donkey Aug 2020 #18
simple, ignore his eo's like he ignores the laws. nt yaesu Aug 2020 #5
Snowflake keithbvadu2 Aug 2020 #8
repukes are always screaming about freedom Skittles Aug 2020 #9
Now is this something we have to abide by or is it optional like a Supreme Court decision? Midnight Writer Aug 2020 #10
Isn't Tik Tok allowed due process? C_U_L8R Aug 2020 #11
No merit kurtcagle Aug 2020 #15
Thx for weighing in... good to know Thekaspervote Aug 2020 #20
Yes. Thanks. Good insight. C_U_L8R Aug 2020 #22
fantastic news catsudon Aug 2020 #12
Don't see it as 1st amendment. Igel Aug 2020 #14
Remember when budding Magats used to jump out of Cha Aug 2020 #16
Not quite An October Surprise DallasNE Aug 2020 #17
Hope there's lawsuits against this blatant misuse of power. sinkingfeeling Aug 2020 #21
Sarah Cooper is living in Trump's head Botany Aug 2020 #23
This could impact US visitors to the PRC. mwooldri Aug 2020 #24
They are talking transaction Lithos Aug 2020 #28

Stuart G

(38,414 posts)
1. The following is Amendment 1 of the U.S. Constitution:
Thu Aug 6, 2020, 11:12 PM
Aug 2020
Amendment 1...................

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

thesquanderer

(11,986 posts)
25. An Executive Order has the force of law, until/unless one of the following happens...
Fri Aug 7, 2020, 09:30 AM
Aug 2020

... it is overturned by the next presdient
... it contradicts an existing law that has been passed by Congress
... Congress passes a new law that contradicts it
... it is found to be unconstitutional

At least that is my understanding.

Newest Reality

(12,712 posts)
2. Let's not forget...
Thu Aug 6, 2020, 11:12 PM
Aug 2020

He really thinks he is the sovereign King of the United States and can simply rule by proclamation without any reservations or restrictions.

It seems he has been blowing these inane proclamations out his face sphincter more often lately.

murielm99

(30,733 posts)
19. Garfield Goose is the only King of the United States.
Fri Aug 7, 2020, 02:11 AM
Aug 2020

Perhaps we should start mocking him with Garfield Goose.

C_U_L8R

(44,997 posts)
3. It's past time to take his stupid sharpie away.
Thu Aug 6, 2020, 11:24 PM
Aug 2020

We are not a country that abides to imperial commandments. Especially Trump's unconstitutional shakedown schemes.

cojoel

(957 posts)
4. The best TikTok disinformation campaign
Thu Aug 6, 2020, 11:30 PM
Aug 2020

was probably the bogus registrations for the Tulsa rally. But that was done totally by the users not by the service. Those kids can go anywhere.

Sapient Donkey

(1,568 posts)
18. You can find some hilarious pro-chinese anti-west CCP propaganda directed toward westerners on it
Fri Aug 7, 2020, 01:54 AM
Aug 2020

But that's the thing, it's more hilariously bad than anything else. A search on youtube for tiktok chinese propaganda will give some videos of people showing off some good ones. There is also the who data mining thing. To be honest, I kinda expect that from any of these apps and would discourage anyone from using them. I'd doubly discourage them from using chinese or russia originated apps. But ultimately that should be up to the people, unless they can cite some pretty egregious examples of the apps being used to threaten national security (being used as backdoors to attack US infrastructure or something). Banning apps is so China-like.

Skittles

(153,147 posts)
9. repukes are always screaming about freedom
Thu Aug 6, 2020, 11:48 PM
Aug 2020

but it's soooooo selective

where's the action against Russia and Facebook for helping install his incompetent ass into the White House?

C_U_L8R

(44,997 posts)
11. Isn't Tik Tok allowed due process?
Fri Aug 7, 2020, 12:12 AM
Aug 2020

Isn't Trump's EO essentially an unconstitutional bill of attainder? I'm curious what legal experts around here think of this. Is it more Trump buffoonery or something that needs to be taken seriously.

kurtcagle

(1,602 posts)
15. No merit
Fri Aug 7, 2020, 12:42 AM
Aug 2020

The department of justice would need to perform an investigation, then present the findings to a grand jury convened by request of Congress, which would then need to indict the company on charges. He can FINE a company if it is in violation of the US Legal Code, but again this requires due process. I would expect that most judges would throw it out because it violates first amendment protections on both free speech and freedom of the press. Were it found legal, it would give Trump a tool to close down the New York Times, the Washington Post, MSNBC or any other news organization, simply on his signature. My suspicion is that the ACLU is already in talks with news organizations on precisely this point.

Igel

(35,300 posts)
14. Don't see it as 1st amendment.
Fri Aug 7, 2020, 12:34 AM
Aug 2020

Speech, religion, association, communication ... not affected.

Now, I can see a Commerce Clause violation--or a violation of the clause that makes international trade treaties/regulations the domain of Congress. (Even if a recent president disputed this part of the Constitution, because Congress hadn't used that particular right and privilege for many a decade. Estoppal, dontcha know.) But not a 1A violation.

There may be some statute that delegates authority. I sort of doubt it, but since there are 10s of thousands of pages of statutes and it's hard to know what the law actually is, who the hell knows? Yeah, that's sort of a problem in anything with pretensions to be a democracy. Like the Himalayas are sort of hilly. But I digress.

The press has a shitty track record when it comes to critical thinking. I'd call it "phenomenally shitty" but they're not quite there yet. They know the Truth, irrespective of the actual facts. Half the time I think I'm listening to the pastor in the quasi-fundie church I belonged to (and left 30 years ago). I'm effing tired of being preached to by the self-righteously benighted. Which immediately sets my critical-thinking "antennae" to high sensitivity and makes me wonder what was said. Since what's reported sounds specious and self-serving. I would say "I digress" here, but I'm not. I'm merely invoking the human right to wonder what it is that the press is misrepresenting and trying to manipulate me into believing.

At the risk of quoting Sauron: https://www.whitehouse.gov/presidential-actions/executive-order-addressing-threat-posed-tiktok/


So, quoting:

Section 1. (a) The following actions shall be prohibited beginning 45 days after the date of this order, to the extent permitted under applicable law: any transaction by any person, or with respect to any property, subject to the jurisdiction of the United States, with ByteDance Ltd. (a.k.a. Zìjié Tiàodòng), Beijing, China, or its subsidiaries, in which any such company has any interest, as identified by the Secretary of Commerce (Secretary) under section 1(c) of this order.

(b) The prohibition in subsection (a) of this section applies except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order.


Notice that most of what the press says pretends that the text actually says, "regardless of the Constitution and law, these things are prohibited" and "the prohibition in subsection (a) ... applies absolutely in every context." They're implicitly assuming we're too stupid and craven or biased to think, "Gee, I wonder if I'm smart enough to read the actual primary document." In grad school I was told that secondary sources are great for knowing what other people think, and sometimes provide insight, but if you want to know what's said in the primary sources, by the people involved, you can't rely on other people. You have to bite the bullet, take the plunge, and actually real the primary sources and what the people involved actually said. Such a novel idea. (Why I was told this only in grad school, I don't know. Perhaps because public education didn't usually encourage this kind of thing? Or perhaps they did and I wasn't paying attention, too busy kicking the chair of the girl in front of me thinking that somehow it would make her like me?)

The EO is caveated. It's been lawyered. If the law doesn't permit the prohibition in specific instance, it's not covered by the EO. On the one hand, I can't wedge a Constitutional violation in there. On the other, it means the EO means much less than the press is ventilating about. It's more "performative" and less "transformational," and only oppressive to the extent that we use the words to oppress ourselves. I deny Trump that power.

Cha

(297,137 posts)
16. Remember when budding Magats used to jump out of
Fri Aug 7, 2020, 12:42 AM
Aug 2020

their fucking hides when President Obama issued and Executive Order?

I do.. they called him a dictator!

Stupid Fucks.

DallasNE

(7,402 posts)
17. Not quite An October Surprise
Fri Aug 7, 2020, 12:44 AM
Aug 2020

But 45 days takes it to late September, making that the news item of the day rather than Covid-45. I guess a legal issues is better than death.

mwooldri

(10,303 posts)
24. This could impact US visitors to the PRC.
Fri Aug 7, 2020, 09:15 AM
Aug 2020

China is going cashless and the more common way to pay these days is either via WeChat or Alipay - cash is being more frowned upon, considered dirty even. Credit card acceptance isn't as ubiquitous as it is here in the USA. Seems like US visitors now only have Alipay as an option.

Lithos

(26,403 posts)
28. They are talking transaction
Fri Aug 7, 2020, 12:44 PM
Aug 2020

Which is actually a commercial activity, though Drump is trying to spin it as all activity. So long as money is not changing hands, then it should be protected under the First Amendment. I do believe Trump has the ability to prohibit money from changing hands, like he did with Huawei.

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