TikTok Hires Former Trump Administration Lawyer for Supreme Court Appeal.
TikTok, along with its Chinese parent company ByteDance, has engaged a seasoned attorney from the U.S. Supreme Court as they prepare to petition the justices to prevent the enforcement of a law that could lead to the prohibition of the widely-used short video platform in the United States.
Noel Francisco, who held the position of U.S. solicitor general during the initial term of Republican President Donald Trump, will advocate for TikTok alongside his colleague Hashim Mooppan from the law firm Jones Day, as indicated in court documents.
From 2017 to 2020, Francisco served as the Justice Department's leading advocate before the Supreme Court, where he defended Trump's travel ban affecting individuals from six predominantly Muslim nations. He has presented over 20 cases to the Supreme Court. The responsibility of defending the proposed TikTok ban falls to the Justice Department, which will again be under Trump's leadership starting January 20.
Trump has expressed his intention to prevent a ban on TikTok. Neither Francisco, Mooppan, nor Jones Day provided immediate comments upon request. The Justice Department also refrained from commenting, and TikTok did not address Francisco's appointment. In April, Democratic President Joe Biden enacted a law mandating that ByteDance divest TikTok by January 19, 2025, or face a nationwide ban. U.S. lawmakers have raised concerns that TikTok poses national security threats, as China could potentially compel the company to disclose data regarding its 170 million monthly users.
Related: Texas AG sues TikTok for violating children's privacy
TikTok has denied any obligation to the Chinese government. Recently, the U.S. Court of Appeals for the D.C. Circuit determined that the law is constitutional. On Monday, ByteDance requested the D.C. Circuit to suspend the law while awaiting Supreme Court review. Francisco's firm previously provided counsel to Trump’s 2016 presidential campaign, and numerous attorneys from Jones Day held significant positions during Trump’s first term. Currently, Francisco is representing major U.S. firearm manufacturers in the Supreme Court following a lawsuit from Mexico, which accuses them of contributing to illegal trafficking.
As TikTok prepares for a crucial Supreme Court battle over its potential U.S. ban, the company's strategic move to hire Noel Francisco, a seasoned attorney with deep ties to the Trump administration, underscores the high stakes involved. With the law mandating ByteDance's divestiture by 2025, TikTok faces a significant legal challenge driven by national security concerns. The involvement of Francisco and his team from Jones Day signals the company's determination to fight the law’s enforcement. The upcoming Supreme Court decision could have far-reaching implications not only for TikTok but also for the broader landscape of global tech regulation.
