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Judge rules Trump's TikTok ban likely overstepped legal authority

A federal court judge on Sunday granted TikTok's request for a temporary restraining order against a ban by the Trump administration.

Why it matters: Americans will be able to continue downloading one of the country's most popular social media and entertainment apps — at least for now.


What TikTok is saying: "We're pleased that the court agreed with our legal arguments and issued an injunction preventing the implementation of the TikTok app ban. We will continue defending our rights for the benefit of our community and employees.

  • "At the same time, we will also maintain our ongoing dialogue with the government to turn our proposal, which the President gave his preliminary approval to last weekend, into an agreement."

What the White House is saying, via a statement from the U.S. Commerce Department: “The E.O. is fully consistent with the law and promotes legitimate national security interests. 

  • "The Government will comply with the injunction and has taken immediate steps to do so, but intends to vigorously defend the E.O. and the Secretary’s implementation efforts from legal challenges."

Judge Carl Nichols on Monday unsealed his opinion, in which he concluded that the ban seeks to regulate the exchange of "informational materials" — something that's expressly exempted from the law laying out the emergency powers Trump invoked.

  • Nichols, a Trump appointee, also said it was "not plausible that the films, photos, art, or even personal information U.S. users share on TikTok fall within the plain meaning of the Espionage Act," another law Trump's order cited in setting out a national security rationale for a ban.

Here's the full text, via DocumentCloud.

Go deeper: White House pushes to uphold TikTok ban

Editor's note: This story has been updated to include material from the unsealed opinion.

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Biden calls on Trump to wear a mask, limit rallies amid coronavirus surge

Laying out his plans to combat the coronavirus during a speech on Tuesday, Joe Biden stared into the camera, addressed President Trump and questioned his fitness to lead the nation: "America needs a president."

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Why it matters: There's now a visible pattern emerging across election cycles of which issues our country is most vulnerable to in terms of manipulation.

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Robert Smith's admission to tax fraud has done more than just cost him a whopping $140 million. It's also roiled Vista Equity Partners, the private equity firm he founded and leads, with some insiders and limited partners feeling they were misled (or left in the dark) about the extent of Smith's legal troubles.

Behind the scenes: Smith called a virtual meeting of Vista's managing directors and other top staffers on Wednesday, to discuss details of his settlement. A source says he called the overall experience "humbling" and that he regretted the "undue burden" that his actions had put on others, including some Vista colleagues.

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