Another Gold High? Here's the Move Wall Street Is Missing ...

Gold just surged past $4,200, up 45% in a year - but Sean Brodrick says $6,900 could be next. History shows when gold booms, one hidden play has delivered far bigger gains - 21x, 49x, even 1,386x. The same strategy once handed 26,000% profits. And Sean says it's back on the table now.

Can he do that? Lawyers and lawmakers debate if Trump has authority to suspend the US TikTok ban

SALLY HO
January 20, 2025

On the eve of his inauguration, President Donald Trump said an executive order suspending a nationwide ban on TikTok would be among his first official acts. The social media platform and app's ardent users waited Monday evening to learn if he would follow through and if so, what the order might say.

Trump has amassed nearly 15 million followers on TikTok since he joined last year, and he has credited the trendsetting platform with helping him gain traction among young voters. Yet its 170 million U.S. users could not access TikTok for more than 12 hours between Saturday night and Sunday morning.

The platform went offline before the ban approved by Congress and upheld by the U.S. Supreme Court took effect on Sunday. After Trump promised to pause the ban on Monday, TikTok restored access for existing users. Google and Apple, however, still have not reinstated TikTok to their app stores.

Business leaders, lawmakers, legal scholars, and influencers who make money on TikTok are watching to see how Trump tries to resolve a thicket of regulatory, legal, financial and geopolitical issues with his signature.

How did the TikTok ban come about?

TikTok's app allows users to create and watch short-form videos, and broke new ground by operating with an algorithm that fed viewers recommendations based on their viewing habits. But concerns about its potential to serve as a tool for Beijing to manipulate and spy on Americans pre-date Trump's first presidency.

In 2020, Trump issued executive orders banning dealings with ByteDance, TikTok's China-based parent company, and the owners of the Chinese messaging app WeChat. Courts ended up blocking the orders, but less than a year ago Congress overwhelmingly passed a law citing national security concerns to ban TikTok unless ByteDance sold it to an approved buyer.

The law, which went into force Sunday, allows for fines of up to $5,000 per U.S. TikTok user against major mobile app stores -- like the ones operated by Apple and Google -- and internet hosting services like Oracle if they continued to distribute TikTok to U.S. users beyond the deadline for ByteDance's divestment.

Trump on Sunday said he had asked TikTok's U.S. service providers to continue supporting the platform and app while he prepared to sign an executive order to stop the ban for now.

"The order will also confirm that there will be no liability for any company that helped keep TikTok from going dark before my order," Trump posted on Truth Social, his social networking site.

The law that Congress passed and now-former President Joe Biden signed in April allowed for a 90-day extension if there had been progress toward a sale before the statute's effective date. Less certain is whether that provision can be applied retroactively, according to Sarah Kreps, director of Cornell University's Tech Policy Institute.

"Executive orders cannot override existing laws," Kreps said. "It's not clear that the new president has that authority to issue the 90-day extension of a law that's already gone into effect."

What difference might the sale of TikTok make?

Kreps also doubts the conditions for a delay exist at this point without so much as even a potential buyer being named to prove that a sale was moving along.

But Alan Rozenshtein, a University of Minnesota law professor, has written that the law also empowers the president to decide what constitutes a "qualified divestiture" -- suggesting Trump could have discretion to say whether or when ByteDance meets the terms of the Protecting Americans from Foreign Adversary Controlled Applications Act.

Although ByteDance spent months repeating it wasn't interested in selling, Beijing on Monday also signaled a possible easing on China's stance on TikTok to allow it to be divested from its Chinese parent company. China's vice president held meetings with Vice President JD Vance and Tesla tech titan Elon Musk on Sunday.

Chinese Foreign Ministry spokeswoman Mao Ning, said Monday that business operations and acquisitions "should be independently decided by companies in accordance with market principles."

"If it involves Chinese companies, China's laws and regulations should be observed," Mao said.

Until now, it was widely believed that Beijing would not allow the sale of TikTok, which had come to embody China's defiance in the face of "U.S. robbery." However, TikTok was among several issues brought up in a phone call between Chinese President Xi Jinping and Trump on Friday, though details were not available.

Trump later announced plans to delay the TikTok ban and suggested a joint venture in which the U.S. would get a 50% ownership of the app. Shou Zi Chew, TikTok's CEO, attended Trump's inauguration, seated with American tech heavyweights.

Who or what can enforce the ban?

The Justice Department is generally tasked with enforcing the laws of the federal government, so it's possible that Trump will direct the DOJ to ignore the law. Such a move might itself be subject to legal scrutiny but would buy time for TikTok.

Trump's efforts to save TikTok may put him at odds with some of the House members and senators who voted for the law, which received broad bipartisan support. House Speaker Mike Johnson called ByteDance's ownership "a very dangerous thing," and said he expected a full sale to happen.

"I think we will enforce the law," Johnson told NBC News' "Meet the Press" on Sunday.

Legislators now stand to "look a little bit silly" if the ban doesn't last, Kreps said.

"(The case) becomes about the separations of powers, and checks and balances, that we don't have a king who decides what happens with the law," Kreps said. "Enforcement isn't only up to the executive branch."

What are other potential legal obstacles?

Sen. Tom Cotton of Arkansas, in a message posted on X, listed a number of state and federal agencies, and private entities, that might be willing to go to court to get the ban enforced.

"Any company that hosts, distributes, services, or otherwise facilitates communist-controlled TikTok could face hundreds of billions of dollars of ruinous liability under the law, not just from DOJ, but also under securities law, shareholder lawsuits, and state AGs," Cotton noted.

Despite the intense scrutiny and potential costs involved, the machinations over TikTok are in some ways just business as usual for the tech companies involved, according to Gus Hurwitz, a legal scholar with the International Center for Law and Economics.

"The fines that we're talking about are civil penalties and companies risk civil penalties all the time," Hurwitz said.

Still, the hard business calculus of complying with a law in limbo or risk defying a president who holds lucrative federal contracts over those companies could come into focus if shareholders sue.

Oracle, for example, has a part of the Pentagon's $9 billion contract to build its cloud computing network.

"This actually could be the right business decision to make," Hurwitz said. "That's not necessarily a breach of duty to shareholders."

Which companies are deciding whether to trust Trump's assurances?

There's been lots of questions about how companies such as Oracle and Akamai Technologies are powering TikTok's servers to stay online, while others such as Apple and Google have made the app unavailable for new users to download.

None of the companies have responded to requests for comment.

Oracle in 2020 announced it had a 12.5% stake in TikTok Global after securing its business as the app's cloud technology provider.

Meanwhile, as of Monday night, a search for TikTok on Apple's app store directs to an online statement that reads in part: "Apple is obligated to follow the laws in the jurisdictions where it operates," while Google's app store notes downloads for TikTok "are paused due to current US legal requirements."

___

Ho reported from Seattle. Maya Sweedler and Didi Tang in Washington contributed reporting.

Continue Reading...

Popular

What to know about COP30, this year's UN climate talks

People from around the world are beginning to gather at the gateway of the Amazon in Belem, Brazil, for the 30th annual United Nations climate summit, the Conference of the Parties, known less formally as COP30.

Investigators look into 'repeating bell' heard during takeoff of UPS cargo plane that crashed

LOUISVILLE, Ky. (AP) — A repeating bell sounded in the cockpit for 25 seconds as pilots tried to control a UPS cargo plane that caught fire, had an engine fall off and this week in Louisville, Kentucky, a National Transportation Safety Board member said Friday.

The AI Arms Race Could Send This Obscure Firm Soaring - Ad

The AI arms race could be a massive boom to ONE company that's doing something truly unprecedented. Its new device could become the cornerstone of the next wave of the AI revolution... And early investors could make a substantial sum of money as this story hits the mainstream.

The shutdown has disrupted air travel. Will that drive a surge in car rentals and train bookings?

NEW YORK (AP) — The U.S. has rattled air travel — most recently with an unprecedented effort from the Federal Aviation Administration at airports nationwide. And the disruptions are causing some to instead hit the road or buy a train ticket.

Iran confirms seizure of oil tanker in the Strait of Hormuz

TEHRAN, Iran (AP) — Iran on Saturday confirmed as it traveled through the narrow Strait of Hormuz over violations including carrying an illegal consignment, state media reported.

Forget Amazon's 1997 IPO... This Could Be 287 Times Bigger - Ad

Since Amazon's IPO in 1997, it climbed enough to turn $100 into $250,000. Now, one man says Elon Musk could be gearing up to take his internet satellite giant public... in what Fortune magazine says will be the biggest IPO in history! James Altucher is sharing how ANYONE can get a pre-IPO stake... with as little as $100!

Donald Trump's Popularity Falls As Shutdown Drags On

President Donald Trump's approval rating has continued to drop, with the latest poll showing a significant decline, raising concerns for the Republican Party as the 2026 midterm elections approach.

Deep in Trump country, coal miners with black lung say government is suffocating the 'working man'

OAK HILL, W.Va. (AP) — Lisa Emery loves to talk about her “boys.” With each word, the respiratory therapist’s face softens and shines with pride. But keep her talking, and it doesn’t take long for that passion to switch to hurt. She knows the names, ages, families and the intimate stories of each one’s scarred lungs. She worries about a whole community of West Virginia coal miners — including a growing number in their 30s and 40s — who come to her for help while getting sicker and sicker from what used to be considered an old-timer’s disease: black lung.

"Tech Prophet" Who Predicted the iPhone Now Predicts... - Ad

George Gilder - who predicted the iPhone 17 years early and gave Reagan the first microchip - is making his boldest call yet. He says an American nanotech "super-convergence" could mint more millionaires than any event in recent memory. He's found 3 stocks set to benefit before November 18's bombshell.

Serbia passes a special bill enabling Trump's son-in-law to build luxury complex despite opposition

BELGRADE, Serbia (AP) — Serbian lawmakers on Friday passed a special law clearing the way for a proposed real estate project that would be financed by an investment company linked to Donald Trump’s son-in-law despite and legal hurdles.

Why Are 21 Billionaires Moving Their Money ASAP? - Ad

One of the biggest stock market events in 25 years is rapidly unfolding... The economist who predicted the 2008 Financial Crisis says it will be: "The Biggest Crash of Our Lifetime." Starting November 19 it could cut the entire tech marketing by HALF.

UPS distribution hub in Louisville has 300 flights per day. What to know

LOUISVILLE, Ky. (AP) — A at a Louisville, Kentucky airport where the company operates its largest package delivery hub.

Ferrari CEO Confirms Electric Car Plans, Raises Full-Year Outlook

Ferrari N.V. stock rose after reporting Q3 results and guidance. Sales grew 7.4% and EPS beat estimates. Net revenues and adjusted EPS outlook raised.

The Tesla Shock Nobody Sees Coming - Ad

While headlines scream "Tesla is doomed"...Jeff Brown has uncovered a revolutionary AI breakthrough buried inside Tesla's labs. One that is helping AI escape from our computer screens and manifest itself here in the real world all while creating a 25,000% growth market explosion starting as early as January 29.

Britain's Treasury chief prepares the ground for a tax-hiking budget

LONDON (AP) — U.K. on Tuesday signaled she will raise taxes in her budget this month, arguing that the economy is sicker than the government knew when it took office last year.

Your 82% Discount For Life-Changing Dividends - Ad

Time is running out on our Black Friday special! For just $9-an 82% discount-you could set yourself up for massive dividends as high as 140% - no options trade involved, just buying and holding ETFs. Don't miss out on boosting your income with this limited-time deal.

Lucid Group (LCID) Stock Down As Q3 Revenue Misses, Key Engineer Departs

Lucid Group shares continued their slide Friday afternoon, following the company's third-quarter 2025 results released Wednesday, which missed analyst expectations.

OpenAI and Amazon sign $38B deal for AI computing power

SEATTLE (AP) — OpenAI and Amazon have signed a $38 billion deal that enables the ChatGPT maker to run its artificial intelligence systems on Amazon's cloud computing services.

Trump Signs Law to Launch Dollar 2.0 - Ad

Trump just signed law S.1582, unleashing the biggest money shift in 100+ years. For the first time since 1913, private firms - not the Fed - can mint a "Dollar 2.0." Treasury says it could drain $6.6T from banks and pay 10X current savings rates. Early investors in minting firms could see 40X returns by 2032.

UPS and FedEx grounding MD-11 planes following deadly Kentucky crash

LOUISVILLE, Ky. (AP) — UPS and FedEx will ground their fleets of McDonnell Douglas MD-11 planes “out of an abundance of caution” following a deadly crash at the UPS in Kentucky, the companies announced late Friday.

A crisis at chipmaker Nexperia sent automakers scrambling. Here's what to know

A battle for control of a little-known chipmaker has threatened global auto production by choking off the semiconductor supply chain, though there are signs the crisis is inching toward a resolution.

Jensen Huang's Secret Masterplan Revealed - Ad

NVIDIA's revolutionary new invention just solved the #1 chokepoint that's been strangling big AI companies. And Tech legend Jeff Brown - the Silicon Valley insider who called NVIDIA before it skyrocketed more than 30,000%... says a shocking announcement by NVIDIA CEO Jensen Huang could make a lot of early investors rich.

Tempus AI Stock (TEM) Slides 6% Overnight: Here's Why The Stock Is Trending

Tempus AI shares fell 6.02% in after-hours trading Tuesday following its third-quarter earnings report.

Denny's to be acquired and taken private in a deal valued at $620 million

Denny's said Monday that it's being acquired by a group on investors in a deal that will take the breakfast chain private.

Nvidia CEO: E.I. Will Be as Common as Cars Today - Ad

E.I. isn't science fiction anymore. It's already here. And one little-known company is quietly supplying the systems behind it. This stock is still under Wall Street's radar... but not for long. You'll get the name, the ticker, and the full thesis inside.

Another Gold High? Here's the Move Wall Street Is Missing ... - Ad

Gold just surged past $4,200, up 45% in a year - but Sean Brodrick says $6,900 could be next. History shows when gold booms, one hidden play has delivered far bigger gains - 21x, 49x, even 1,386x. The same strategy once handed 26,000% profits. And Sean says it's back on the table now.

Trump Barred From Deploying Oregon National Guard To Portland, Judge Cites State Sovereignty

A federal judge handed down a decisive ruling on Friday, blocking Trump's attempt to send Oregon's National Guard to Portland.

'No hire' job market leaves unemployed in limbo as threats to economy multiply

WASHINGTON (AP) — When Carly Kaprive left a job in Kansas City and moved to Chicago a year ago, she figured it would take three to six months to find a new position. After all, the 32-year old project manager had never been unemployed for longer than three months.

The AI Arms Race Could Send This Obscure Firm Soaring - Ad

The AI arms race could be a massive boom to ONE company that's doing something truly unprecedented. Its new device could become the cornerstone of the next wave of the AI revolution... And early investors could make a substantial sum of money as this story hits the mainstream.

Jim Cramer: Chipotle Is 'Too Expensive,' Buy This Plane Maker

On "Mad Money," Cramer discusses Henry Schein, Bloom Energy, Tyler Technologies, Boeing and Chipotle Mexican Grill.

Forget Amazon's 1997 IPO... This Could Be 287 Times Bigger - Ad

Since Amazon's IPO in 1997, it climbed enough to turn $100 into $250,000. Now, one man says Elon Musk could be gearing up to take his internet satellite giant public... in what Fortune magazine says will be the biggest IPO in history! James Altucher is sharing how ANYONE can get a pre-IPO stake... with as little as $100!

Nation's largest fleet of police Cybertrucks to patrol Las Vegas

LAS VEGAS (AP) — The nation's largest police fleet of Tesla Cybertrucks is set to begin patrolling the streets of Las Vegas in November thanks to a donation from a U.S. tech billionaire, raising concerns about the blurring of lines between public and private interests.

Zohran Mamdani Says No More Thanking Veterans Today, Forgetting Tomorrow — Trump, Obama And Others Express Gratitude For Service

America's top political and tech leaders — including Donald Trump, Barack Obama, Tim Cook, and Sundar Pichai — marked Veterans Day 2025 with tributes honoring the courage and sacrifice of U.S. service members.

"Tech Prophet" Who Predicted the iPhone Now Predicts... - Ad

George Gilder - who predicted the iPhone 17 years early and gave Reagan the first microchip - is making his boldest call yet. He says an American nanotech "super-convergence" could mint more millionaires than any event in recent memory. He's found 3 stocks set to benefit before November 18's bombshell.

These are the 37 donors helping pay for Trump's $300 million White House ballroom

WASHINGTON (AP) — President Donald Trump says his $300 million White House ballroom will be paid for “100% by me and some friends of mine.”

Trending Now

Information, charts or examples are for illustration and educational purposes only and not for individualized investment management This message contains commercial elements, such as advertising. We only send these offers to those who have opted in to our newsletter. Past performance is not indicative of future results. For these reasons we strongly suggest trading in a DEMO/Simulated account. The information provided by us is for educational and informational purposes only. We make no representations or warranties concerning the products, practices or procedures of any company or entity mentioned or recommended and have not determined if the statements and opinions of the advertiser are accurate, correct or truthful. If you use, act upon or make decisions in reliance on information contained or any external source linked within it, you do so at your own peril and agree to hold us, our officers, directors, shareholders, affiliates and agents without fault.

Copyright markethundred.com
Privacy Policy | Terms of Service