04 August 2020
President Trump said twice Monday that the U.S. Treasury would need to get a portion of the sale price of TikTok, as a condition of regulatory approval.
Why it matters: This is akin to extortion — the sort of thing you'd expect to hear on a wiretap, not from the White House in front of reporters.
- Trump has claimed that his threats to ban TikTok, and the furious M&A process it spawned, are based on national security concerns.
- But, this is inconsistent with requiring payment for deal approval, even if such a thing were legal. Either a sale agreement satisfies national security criteria or it doesn't.
Between the lines: That's because Microsoft isn't the only party kicking TikTok's tires, as Trump also said. Multiple sources tell Axios that Apple has expressed interest, albeit no sources inside of Apple, and that at least one other strategic has expressed interest.
- It would be an unusual deal for Apple, given that TikTok is a cross-platform app, and a bigger political headache than Tim Cook may want (both here and in China). But the company certainly has the cash on hand.
- An Apple spokesperson told Axios there are no discussions about buying TikTok, and the company isn’t interested.
The big picture: It obviously behooves current TikTok owner ByteDance for there to be multiple suitors when it comes to pricing. Multiple suitors also could help the White House secure concessions.
- Private equity is also circling, including some firms that don't have current stakes in ByteDance. But no sources have noted one that's terribly optimistic that they can pull it off without finding an insider or major strategic with whom to partner.
Flashback: It's reminiscent of how Huawei was used as a chip in U.S.-China trade negotiations, as if its perniciousness waxed and waned with the number of soybeans China agreed to buy.
- The president's comments came shortly after an "Axios Re:Cap" interview with Peter Navarro, in which the White House's top trade adviser suggested that a buyer may have to offer different concessions, such as reducing non-TikTok business activities in China.
The state of play: There is no way ByteDance would pay a portion of sale proceeds to U.S. Treasury, if only because of the PR ramifications in China.
- Even if ByteDance would allow TikTok's buyer to codify such a payment in its sale agreement, which is doubtful, it's (almost) inconceivable that any U.S. corporation would do so. It's an Action Park-level slippery slope.
The bottom line: There is no guarantee a deal will be struck by Trump's Sept. 15 deadline, let alone one on the terms he claims to require.
- If not, he'll either have to ban a service beloved by tens of millions of voters, less than two months before the election, or kick the can down the road.
Transcripts show George Floyd told police "I can't breathe" over 20 times
Section2Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.
Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.
The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.
- The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.
What the transcripts say:
- Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
- The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
- Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."
Read the transcripts via DocumentCloud.
