The Biden administration is looking for ways to keep TikTok available in the US

President Joe Biden’s administration is considering ways to keep TikTok available in the United States if a ban scheduled to take effect Sunday goes ahead, according to three people familiar with the discussions.

“Americans should not expect to see TikTok suddenly banned on Sunday,” an administration official said, adding that officials are “exploring options” on how to implement the law so that TikTok does not go dark on Sunday.

If the administration moves forward with such a plan, it would mean the popular app’s decline would not define his last full day in office, and it would postpone the question to Donald Trump, who will be inaugurated on Monday.

Mike Waltz, Trump’s incoming national security adviser, told Fox News on Wednesday that Trump is ready to intervene to keep access to the Chinese-owned video app in the US marketplace. And Pam Bondi, his pick for attorney general, refused to commit to enforcing the ban when asked about it at her Senate confirmation hearing Wednesday.

The moves represent parallel efforts by the rival presidents to complete a run-around around Congress and the Supreme Court, which is weary at any moment to rule on the ban.

Still, a White House official insisted that not enforcing the ban is not an option if it is upheld.

“We are not considering delaying enforcement,” the official said. “Legally, we don’t think we have the authority to do that.”

Biden’s and Trump’s positions are reversals from their previous support for banning TikTok.

Trump’s transition team did not respond to requests for comment on the plan.

TikTok is considering its options, including the final option of going dark on Sunday, although it could also allow the app to remain active but without future updates and bug fixes.

The law in question required ByteDance, TikTok’s China-based owner, to divest the company and find an outside buyer to take over within nine months. That window closes on Sunday. The law also gave the president the authority to grant a one-time 90-day extension if “substantial progress” has been made toward divestment.

The measure was passed in the name of national security, as lawmakers believed that US users’ data was at risk of being compromised by China, or that China could influence Americans by controlling content on TikTok. TikTok — which has long said those concerns are meritless — and some of its users sued to block the law, challenging it from a First Amendment standpoint.

Without a sale, a reprieve for TikTok would mean the national security concerns, at least for now, remain unresolved.

Just days before the potential ban, hordes of American TikTok users have downloaded Chinese alternatives that pose similar security concerns.

Trump, who tried and failed to implement a ban in his first term, promised on the campaign trail last year to “save TikTok.” Biden signed the ban as part of a $95 billion measure providing aid to Ukraine and Israel in April. But now his White House is looking to take the teeth out of it.

Rep. Ro Khanna, D-Calif., a longtime Biden ally, is among a small set of lawmakers who have appealed to the White House and the Supreme Court to stop the ban.

“I hope President Biden will listen to the millions of voices that don’t want the lights turned off on this app,” Khanna said. “He has the power to extend the timeline to try to get a solution that prevents the app from shutting down.”

Late. Ed Markey, D-Mass., also said he has relayed his concerns to White House officials and asked them to delay the ban.

He said they replied that they would “take it into consideration” but did not give a clear answer as to what would happen.

At the end of last month, Trump filed a brief is calling on the Supreme Court to wait to implement that part of the law so that the incoming president could “pursue a negotiated resolution” to prevent a TikTok shutdown. Trump’s lawyer John Sauer argued in the briefing that Trump “received a powerful electoral mandate from American voters to protect the free speech of all Americans — including the 170 million Americans who use TikTok.”

Days later, Trump asked on his Truth Social platform: “Why would I want to get rid of TikTok?”

He attached a graphic showing his wide reach on the short video app, which claims 170 million US users.

Last week, Supreme Court justices appeared unconvinced by TikTok’s free-speech arguments, though they could decide to temporarily block the law while still ruling against the company.

During arguments, Chief Justice John Roberts pointed to congressional findings that TikTok’s parent company is subject to Chinese laws that require it to assist in intelligence gathering.

“Then are we to ignore the fact that the ultimate parent is actually subject to doing intelligence work for the Chinese government?” he asked.

Addressing the free speech concerns, Roberts said, “Congress doesn’t care what’s on TikTok.”

The lawmakers didn’t tell TikTok to stop, he added. “They say China needs to stop controlling TikTok.”

While TikTok’s Asia headquarters is in Singapore, its parent company, ByteDance, is in Beijing.

Some congressional Republicans who voted for the legislation said they expect Trump to step in and negotiate a sale to American interests when he takes office.

“They have to divest by law so Trump could play an effective role in finding a buyer. … He sees himself as a top negotiator,” said Rep. Mike McCaul, R-Texas, a China hawk who was chairman of the Foreign Affairs Committee when Congress passed the legislation last year. “Otherwise, I guess it will shut down unless he can find a way to dispose of it.

“Many of these influencers trust TikTok,” he continued. “They don’t want to change, but ByteDance is controlled out of Beijing. It’s just not a threat to Congress, but to our children.”

Late. John Kennedy, R-La., said there is only one path for TikTok if it wants to continue operating in the United States: divestment.

“Congress has already passed the bill,” he said. “What I’m hoping for is for the owners of TikTok to come forward and say, ‘We will never share Americans’ data with the Chinese Communist Party, and here’s how it’s going to be enforced: divestment of the parent company.'”