JAKARTA - The postponement of the enforcement of the ban on TikTok in the United States by the Ministry of Justice (DOJ) turned out to be related to the interpretation of Article II of the US Constitution, which gave the president the authority to regulate foreign affairs. This information was revealed through a request for documents based on the Law on Freedom of Information (FOIA).
The ban on TikTok was originally imposed under the Protection American's from Foreign Advisory Controlled Applications Act which was signed during President Joe Biden's administration. However, the initial push came from Donald Trump. However, after Trump returned to office and realized that many of his supporters were using TikTok, he immediately signed an executive order to postpone the ban to give the deal time to reach.
Since then, the ban has been postponed three times each for 75 days, and now the third is for 90 days. Even though TikTok is legally prohibited, Apple is still returning the app to the App Store because DOJ says it will not enforce the law.
Documents released via FOIA by Anthony Tan of MuskRock News, and shared by legal expert Alan Rozenshtein in Bluesky, show that Attorney General Ashley Bondi stated that DOJ has officially canceled all claims against Apple in connection with violations stipulated in the law, including applications belonging to ByteDance Ltd. and TikTok, Inc.
The essence of the DOJ letter states that this decision is under the full authority of the Attorney General to regulate litigation involving the US government, as well as its authority to establish a legal settlement that limits future discretion by the executive branch.
In simple terms, President Trump considers that the ban on TikTok disrupts his ability to regulate foreign policy based on Article II of the Constitution, and therefore he has postponed law enforcement. DOJ also agreed to this position.
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The Trump administration has consistently stated that the delay is being carried out in order to find mutually beneficial agreements and to calm voters. The "TikTok America" plan will shift ownership: 50% to new US investors, 30% to older investors, and 19.9% to remain held by ByteDance.
However, this plan has not yielded results. China seems reluctant to agree to the scheme, especially after the US launched various actions that are considered aggressive ranging from high trade rates to insulting statements from officials such as Vice President JD Vance, who called Chinese workers a farm.
While Apple is free from lawsuits and fines related to TikTok, the company still has to face the impact of other US economic policies. A third-quarter financial report scheduled for July 31 will be a moment to see how much loss due to the new rates imposed by the Trump administration
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