TikTok ban upheld by Supreme Court days before law takes effect
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(WASHINGTON) — The Supreme Court on Friday upheld a law set to ban social media platform TikTok in less than 48 hours.
“There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community,” the ruling states. “But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary.”
It continues, “For the foregoing Per Curiam reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights. The judgment of the United States Court of Appeals for the District of Columbia Circuit is affirmed.”
The court’s ruling was unanimous, with liberal Justice Sonia Sotomayor and conservative Justice Neil Gorsuch writing concurring opinions.
In an apparent effort to limit the implications of its ruling, the court said its judgment should not be interpreted as a rebuke of common practices taken up by social media companies, such as data collection.
“We emphasize the inherent narrowness of our holding,” the unsigned ruling says. “Data collection and analysis is a common practice in this digital age. But TikTok’s scale and susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects, justify differential treatment to address the Government’s national security concerns.”
Unless TikTok severs ties with China-based parent company ByteDance, the ban will take effect on Sunday, the day before President-elect Donald Trump assumes office.
The ruling follows indication from the Biden administration that it would not enforce the potential ban in the immediate aftermath of the deadline, leaving implementation of the law to Trump. Trump, who opposed the ban, has said he will seek to reverse it.
Trump said he had spoken to Chinese President Xi Jinping on Friday morning with TikTok being one of the topics they discussed, according to a Truth Social post.
TikTok — which boasts more than 170 million U.S. users — challenged the sale-or-ban law on First Amendment grounds, arguing that a potential ban would limit the free-expression rights of its users.
Lower courts, however, found merit in security concerns about potential data collection or content manipulation undertaken by the Chinese government.
Even after the ban takes effect, TikTok could remain available for U.S. users.
Rather than force TikTok to take the app dark, the law targets third-party companies like cloud-service providers and app stores. TikTok could circumvent such restrictions, at least temporarily, though experts say the quality of the app would degrade over time.
This is a developing story. Please check back for updates.
(WASHINGTON) — House Speaker Mike Johnson said on Friday that he does not think the House Ethics Committee should release the findings of its investigation into Matt Gaetz, now that the Florida Republican is no longer a member of Congress.
“I believe it is very important to maintain the House’s tradition of not issuing ethics reports on people who are no longer members of Congress,” Johnson said. “I think it would open a Pandora’s box.”
Johnson weighing into the issue is extremely rare as House speakers traditionally stay out of the committee’s investigations and business.
Just two days ago, Johnson said the following about the report: “As far as the timing of the release of a report, or something, I don’t know. The speaker of the House is not involved in that, can’t be involved in that.”
It’s unclear what the bipartisan panel will do now with its report. There are growing calls from senators on both sides of the aisle for the report to be released.
The House Ethics Committee, which sources said was preparing to meet this week to deliberate over whether to release a final report, was now not expected to meet on Friday, according to two sources familiar with the matter.
Gaetz stepped down from the House shortly after being tapped by President-elect Donald Trump to be attorney general — a choice that shocked some Republican lawmakers and many Justice Department officials. Gaetz will need to be confirmed by the Senate to serve in the role.
Asked on Friday if he spoke to Trump about the ethics investigation, Johnson sidestepped.
“I’m not talking to anybody about what I have said to Trump,” he said.
Johnson also claimed he was responding to public reports about the panel’s findings and had not been briefed on the investigation.
“The speaker has no involvement or understanding of what’s going on with the Ethics Committee or what they’re investigating or when,” Johnson added.
“What I am saying is someone who is no longer a member of Congress. You’re not in the business of investigating and publishing a report,” he concluded. “I would encourage the House Ethics Committee to follow that tradition. I think it’s important.”
(WASHINGTON) — After making a surprise appearance at her husband’s Madison Square Garden rally on Sunday, Melania Trump spoke out on “Fox and Friends” on Tuesday, fiercely defending him against reported comments that he had expressed admiration for Hitler.
“He is not Hitler and his supporters stand behind him because they want to see the country successful. We see what kind of support he has,” she said of the former president.
Donald Trump has falsely claimed that Vice President Kamala Harris called him Hitler (she cited reports that Trump’s former chief of staff John Kelly said he had praised Hitler for doing some “good things” and wanted generals like Hitler’s).
Melania Trump called the criticism “terrible.”
The former first lady also said her husband was well aware of her position supporting abortion rights before her views were published in her new book.
Earlier this month, Melania Trump broke from the Republican Party by declaring those views in what some suggested was an eleventh hour move to court women before the election. She said on Tuesday that her husband knew about her stance long before the book came out.
“My husband knew my position, my belief, since the day we met. It was not a big surprise for him. I guess other people, the world did not know where my stances are,” she said. “He was not surprised, he knew about it.”
Discussing her Election Day plans, she indicated that she would vote on Tuesday. Donald Trump had floated voting early in a sign of unity with his party’s newer message of support on that subject — but he has continued to criticize the idea.
“We will be in Palm Beach and in the morning, we will go to vote, me and my husband, and then it will be a waiting time, period of waiting and we’ll see and I hope it is a success and a party in the evening,” Melania said, indicating that she hopes to know the results that same evening.
“I hope the election will be fair and everything will be selected as we say on Tuesday night,” she said.
“I feel good. We are feeling good. We are working hard. My husband, he’s all over the country, traveling, and as we saw, Sunday evening,” she said.
“I’m not anxious, this time is different. I have more experience and knowledge,” she said, discussing a potential Trump victory next week. “I was in the White House before. When you go in, you know what to expect. You know what kind of people you need to get, people on your team that have the same vision as me.”
Melania Trump again spoke in tandem with her husband, pointing to the economy and immigration as issues she hopes can be improved if he wins.
“Well, I would like to see country to be safe and prosperous, better economy and peace in the world. That is very important,” she said.
Commenting on her husband’s indictments, she said “it is part of it, part of the politics.”
“When he came to the White House for the first time when he was elected, I knew it would not be easy and I knew they would go after him. They did,” she said.
In her new book, Melania discussed feeling betrayed. Referring to what she called “misinformation” and “mistruths,” Melania highlighted tapes recorded by Stephanie Winston Wolkoff, a former friend and senior adviser who wrote in “Melania and Me” that the former first lady showed frustration over criticism on the administration’s family separation policy.
“It is betrayal. They show the world who they are and they know what they did,” Melania Trump said. “To tape the first lady of the United States on phone calls and release to the public and edit phone calls, it is disgrace and should never happen to anybody.”
(WASHINGTON) — In some high-stakes political drama, the House of Representatives on Friday voted to reelect House Speaker Mike Johnson to lead the 119th Congress by a razor-thin margin.
Johnson, a Louisiana Republican who ascended to the leadership post in 2023 after the historic ouster of Kevin McCarthy, had secured President-elect Donald Trump’s support as he sought a second term.
But Johnson’s handling of the government spending fight just before Christmas angered some of the GOP’s right flank. Three Republicans initially defected from Johnson during the vote, but two ultimately changed their votes to hand him the gavel.
Trump called GOP holdouts during vote, sources say
President-elect Trump started working the phones following the no votes from GOP Reps. Ralph Norman and Keith Self.
Trump spoke to both Norman and Self, according to sources familiar with the conversations, and shortly after those conversations occurred the two men changed their votes.
Self confirmed he spoke with Trump when he was meeting with Johnson off the floor as the vote was stalled. Self called it a “lively discussion,” when asked if Trump was angry.
Self said his objections were over government spending. He said he changed his vote after the speaker “shored up” the negotiating team for upcoming negotiations on federal budget legislation, which is also expected to include a number of Trump’s legislative priorities.
“And so that’s all I wanted to do today, was to make this Congress successful.”
-ABC News’ Jay O’Brien and Katherine Faulders
Johnson handed speaker’s gavel
After nearly 20 minutes of remarks, House Minority Leader Hakeem Jeffries passed the gavel to Johnson.
“I’m grateful for this election, the confidence that this chamber has placed in me,” Johnson said. “It is the great honor of my life to serve this body with all of you.”
Jeffries says Democrats want bipartisanship but will fight ‘far-right extremism’
Democrat Hakeem Jeffries, the House minority leader, addressed the chamber just after Johnson’s victory.
Jeffries began by urging bipartisanship in the new Congress to address issues top of mind for Americans like high prices on everything from groceries to childcare costs.
But Jeffries said at the same time, Democrats would “push back against far-right extremism whenever necessary.”
Democrats frequently cheered during his remarks, though Republicans broke out in applause when he said the American people elected Trump as the 47th president.
“Thank you for that very generous applause,” Jeffries said before taking a swipe at some of his GOP colleagues. “It’s okay. There are no election deniers on our side of the aisle.”
Johnson wins speakership on 1st round after last-minute vote changes
Johnson staved off a failure in the first round of voting to win a second term as speaker.
After nearly two hours, Johnson secured the 218 necessary votes.
At first, he appeared on track to lose with three Republicans voting for someone else.
But after leaving the chamber to huddle with defectors, two lawmakers changed their votes to hand him the gavel.
House Republicans stood and gave Johnson a standing ovation as his win was announced.
Two GOP defectors change their vote to Johnson
Reps. Ralph Norman and Keith Self changed their votes to Johnson, which would bring him to the 218 needed to be speaker.
Johnson exits chamber as vote remains open
As lawmakers waited for the final House vote to be called, Johnson was seen huddling with various lawmakers, including Reps. Dusty Johnson, Tim Burchett, and Nancy Mace.
He also was spotted talking with other GOP leaders like House Majority Leader Steve Scalise and House Republican Conference Chair Lisa McClain, who nominated him for speaker.
He ultimately walked out of the chamber before the vote closed.
Johnson appears on track to lose 1st round
With three defections so far, Johnson appears on track to lose this first round of voting.
Rep. Keith Self, a Texas Republican, is the third Republican to vote for another candidate. He cast his ballot for Florida Rep. Byron Donalds.
However, members can still change their votes as the roll call is ongoing.
Another Republican defects from Johnson
South Carolina Rep. Ralph Norman just voted for Ohio Rep. Jim Jordan, the chairman of the House Judiciary Committee.
Norman is the second Republican to vote for someone else besides Johnson.
Rep. Thomas Massie is 1st Republican to not vote for Johnson
As expected, Rep. Thomas Massie of Kentucky did not vote for Johnson.
Instead, Massie cast his ballot for Minnesota Rep. Tom Emmer, who currently serves as the House majority whip.
Several GOP hard-liners withholding vote for now
Rep. Andy Harris of North Carolina, chairman of the House Freedom Caucus, did not respond when his name was called to vote.
He is one of several Republican holdouts who did not reply when called.
Magic number for Johnson is 218
433 members recorded their presence for the quorum call but Rep.-elect Hank Johnson of Georgia, a veteran Democratic lawmaker, has arrived and can now vote for a speaker.
That means 434 members are voting, leaving Johnson with 218-vote threshold to retain the gavel — unless any members vote present. So far, none has.
All 215 Democrats are expected to uniformly support Jeffries for speaker.
1st round of voting begins
The first round of voting has begun. There are 434 members present for this vote.
Pete Aguilar nominates Hakeem Jeffries
House Democratic Caucus Chair Pete Aguilar has nominated Minority Leader Hakeem Jeffries for speaker.
Democrats are expected to support Jeffries throughout the speaker showdown.
Democratic Whip Katherine Clark told ABC News just before the House convened that Democrats would not cross party lines to help bail out Johnson, should he need it.
“Today I rise on behalf of the governing majority of the House of Representatives,” Aguilar said in his speech, a nod to Democrats helping Republicans pass funding bills and avoid shutdowns in the previous Congress.
Lisa McClain nominates Johnson for reelection as speaker
House Republican Conference Chair Lisa McClain rose to give the nominating speech for Johnson after the quorum call.
“On Nov. 5, the American people gave us a great opportunity to get America back on the right track … And ladies and gentleman, today we have the opportunity to do just that,” she said, prompting cheers from GOP members.
She praised Johnson, saying he was given a tough task when he took over for McCarthy in late 2023.
“No speaker is perfect, and no one will ever be, however, achieving perfection requires incremental gains and hard decisions along the way,” she said.
Johnson outlines new commitments ahead of high-stakes vote
Just before voting is set to start, Johnson posted a lengthy statement on X about how he plans to deliver on fiscal responsibility if elected.
He said as speaker, he would commit to creating a working group of independent experts to work with House committees and the “Department of Government Efficiency” — an outside government group to be led by Trump allies Elon Musk and Vivek Ramaswamy.
Those experts, he said, will be tasked with reviewing existing audits of federal agencies and issuing a report to his office that he will make public.
Johnson also pledged to request House committees “undertake aggressive authorizations and appropriations reviews, including providing additional resources where needed, to expose irresponsible or illegal practices and hold agencies/individuals accountable that have weaponized government against the American people.”
Democrats cheer as Nancy Pelosi returns to Capitol after hip surgery
Former House Speaker Nancy Pelosi, who just underwent a hip surgery after falling during a congressional delegation trip abroad, is present for Friday’s vote.
Democrats clapped and cheered when she briefly walked into the chamber.
Pelosi was seen on the House floor without crutches.
In a social media post, Pelosi said she was “proud” to return the Capitol to support Hakeem Jeffries, the House minority leader, for speaker.
Johnson brushes off possibly losing on 1st round
Johnson told ABC News’ Jay O’Brien if he loses on the first ballot, it says “nothing.”
“It’s a part of the process but I expect that we will get it done,” Johnson said before entering the House chamber for the speaker’s vote.
Johnson said he believes he will gain the votes today to win, trying to project confidence while walking with a swarm of reporters.
“We have to get this job done and unify the conference,” Johnson said, adding “And I’m here for the long haul.”
House kicks off opening day of 119th Congress
The House has gaveled in for the official start of the new Congress.
After a call to order and opening prayer, the House will begin an electronic vote to establish a quorum. Attendance is a critical factor for Johnson, who is navigating a historically tight House majority as he seeks another term as speaker.
Speaker vote also a test for Trump
Trump appears to be working the phones ahead of the high-stakes vote.
In an interview with CNN, Trump confirmed he’s been in touch with Republican holdouts.
ABC News previously reported Trump and his team were working to strike a deal with Rep. Chip Roy of Texas, an influential member of the House Freedom Caucus who remains undecided on Johnson.
“Chip Roy will do what’s right for the country,” Trump said during a phone interview with CNN.
What happens if the House can’t elect a speaker
The House can’t conduct any business without a speaker, including swearing in members.
If the chamber can’t come to an agreement before Monday, the certification of Trump’s 2024 election victory could be thrown into chaos.
The House and Senate will convene on Jan. 6 for a joint session of Congress for a finalization of the results of the presidential race, a constitutionally mandated responsibility for lawmakers.
Johnson insists he’s not making deals for the gavel
Despite days of closed-door meetings with Republican holdouts, Johnson insists he’s not cutting any deals to win them over.
“My simple message to my colleagues is make suggestions about process and improvements. We are open to that at all times. But I don’t make deals with anyone,” he said.
“There’s no quid pro quo here,” Johnson added. “I don’t do anything in exchange for a vote other than commit to make this institution work as effectively and efficiently as possible.”
In the previous Congress, McCarthy was forced to meet Republican hardliner demands to be elected speaker after a four-day voting process. One of those demands — a lower threshold to bring a motion to vacate — led to his downfall just seven months later when he was forced out of leadership by a small group of GOP members.
Johnson’s message to GOP: ‘We don’t have time for drama’
Johnson had a simple message for his conference ahead of the vote.
“We don’t have time for drama,” Johnson told reporters.
Johnson said he was speaking with members and urging them to be unified so they can quickly get to work on Trump’s agenda.
“This election is not just about one person. It’s about moving forward with the America First agenda. A mandate was given by the American people — the electorate — President Trump got 77 million votes. The House Republicans got almost 75 million. Thats a record number. They are expecting us to get to work,” Johnson added.
What Johnson is thinking
Johnson expressed confidence in winning the speaker vote as he entered the Capitol on Friday.
Asked by ABC News if he will be successful in the first round, he replied: “I think so.”
But privately, House leadership sources say they’re also preparing for the very real possibility of a bruising floor fight, going multiple rounds of voting.
In 2023, it took McCarthy 15 rounds of voting and several concessions to be elected speaker.
Johnson has been adamant he won’t make any backroom deals to keep his job. And moderate Republicans have been publicly cautioning Johnson against giving too much away to the further-right undecided votes.
-ABC News’ Jay O’Brien
Trump wishes Johnson luck
Trump is doubling down on his support for Johnson, and said a victory for Johnson would be a “big win for the Republican Party.”
“Good luck today for Speaker Mike Johnson, a fine man of great ability, who is very close to having 100% support,” Trump wrote in an early morning post on his social media platform.
“A win for Mike today will be a big win for the Republican Party, and yet another acknowledgment of our 129 year most consequential Presidential Election!! – A BIG AFFIRMATION, INDEED. MAGA!”
How the House speaker vote works
The House will meet at 11:00 a.m. for legislative business and then officially convene for the start of the 119th Congress at 12:00 p.m.
At noon, there will be a quorum call to determine how many members are present and voting. With the GOP’s razor-thin majority in the House, Johnson needs almost every Republican vote to win.
The election for speaker is expected to take place between 12:45 p.m. and 1:00 p.m.
Read more about what will happen on the first day of the new Congress here.
Johnson’s future uncertain as he fights for reelection
Johnson has publicly expressed confidence that he will retain the speaker’s gavel, but spent the final day before the vote on Capitol Hill meeting with Republican holdouts.
Several House Freedom Caucus members were spotted at his office, many leaving the hourslong meeting dodging questions from reporters. The few who did speak said they thought they were making progress but none had committed to voting for Johnson.
Meanwhile, Trump’s team and the president-elect himself were working behind the scenes this week to strike a deal with one GOP hardliner in particular — Rep. Chip Roy of Texas — sources told ABC News.
