International Emergency Economic Powers Act: Difference between revisions

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 In September 2020, the Trump administration sanctioned and imposed visa restrictions on two [[International Criminal Court]] (ICC) officials, prosecutor [[Fatou Bensouda]] and Jurisdiction Complementarity and Cooperation Division Director [[Phakiso Mochochoko]], over the court's investigation into allegations of war crimes committed by the U.S. and Israel in Afghanistan and the [[Palestinian territories]], respectively. Critics considered the order an effort to intimidate ICC civil servants from proceeding with its investigation and accused the administration of targeting the two prosecutors, both of African origin, based on their race. The [[United States District Court for the Southern District of New York|U.S. District Court for the Southern District of New York]] granted a preliminary injunction blocking the sanctions in January 2021, through a challenge to the order brought by four dual-national American law professors and the [[Open Society Justice Initiative]]. (The Biden administration lifted the ICC sanctions in April 2021.)<ref>{{cite news|title=Trump authorizes sanctions against International Criminal Court officials|url=https://www.cnn.com/2020/06/11/politics/icc-executive-order/index.html|author=Jennifer Hansler|website=[[CNN]]|date=April 2, 2021|access-date=December 31, 2022}}</ref><ref>{{cite web|title= 20 Civ. 8121 (KPF) - Opinion and Order|url=https://storage.courtlistener.com/recap/gov.uscourts.nysd.545370/gov.uscourts.nysd.545370.56.0_1.pdf|publisher=[[United States District Court for the Southern District of New York|U.S. District Court for the Southern District of New York]]|date=January 4, 2021|access-date=January 1, 2023}}</ref><ref>{{cite news|title=US lifts Trump-era sanctions against ICC prosecutor|url=https://www.bbc.com/news/world-us-canada-56620915|website=[[BBC News]]|date=June 14, 2020|access-date=December 31, 2022}}</ref>
-Also in September 2020, Trump used the IEEPA to [[Donald Trump–TikTok controversy|order the removal]] of social media platforms [[TikTok]] and [[WeChat]] from U.S. app stores as well as prohibit domestic business transactions involving their respective China-based parent companies [[ByteDance]] and [[Tencent]]; the restrictions would have become applicable to TikTok unless it was sold to an American company within 45 days of the executive order's issuance.<ref>{{cite web |last=Carvajal |first=Nikki |title=Trump issues executive order banning TikTok from operating in 45 days if it's not sold by Chinese parent company |url=https://www.cnn.com/2020/08/06/politics/trump-executive-order-tiktok/index.html |access-date=7 August 2020 |website=CNN |date=7 August 2020 |archive-date=10 August 2020 |archive-url=https://web.archive.org/web/20200810020022/https://www.cnn.com/2020/08/06/politics/trump-executive-order-tiktok/index.html |url-status=live }}</ref><ref name=":11">{{Cite news|last=Arbel|first=Tali|date=6 August 2020|title=Trump bans dealings with Chinese owners of TikTok, WeChat|work=Associated Press|url=https://apnews.com/719d8c83f689929c9c9d8c9aa5593fc8|url-status=live|access-date=6 August 2020|archive-date=7 August 2020|archive-url=https://web.archive.org/web/20200807071140/https://apnews.com/719d8c83f689929c9c9d8c9aa5593fc8}}</ref> Observers (including Trump administration critics and many TikTok users) raised First Amendment concerns with the executive order and suggested that, while national security concerns were cited to justify them, the sanctions were prompted by the administration's hostile relations toward China in general and retaliation against TikTok in particular for certain anti-Trump content hosted by the app and, as also suggested by ByteDance in court documents pertaining to its lawsuit to overturn the order, a ticket reservation prank waged by some users of the video platform that depressed attendance for a campaign rally he held in [[Tulsa, Oklahoma]] that June.<ref>{{cite web|title=TIKTOK INC. and BYTEDANCE LTD. v. DONALD J. TRUMP, WILBUR L. ROSS, JR.,and U.S. DEPARTMENT OF COMMERCE|url=https://www.scribd.com/embeds/473491411/content?start_page=1&view_mode=scroll&access_key=key-CyfxmtdGZkTuD9VH6U9T|publisher=[[United States District Court for the Central District of California|U.S. District Court for the Central District of California Western Division]]|via=Scribd|date=24 August 2020|access-date=14 September 2020}}</ref><ref>{{cite web |title=Is This The Real Reason Why Trump Wants To Ban TikTok? |url=https://www.forbes.com/sites/abrambrown/2020/08/01/is-this-the-real-reason-why-trump-wants-to-ban-tiktok/#59e70e624aed |first=Abram |last=Brown |work=Forbes |date=1 August 2020 |access-date=3 August 2020 |archive-date=3 August 2020 |archive-url=https://web.archive.org/web/20200803094339/https://www.forbes.com/sites/abrambrown/2020/08/01/is-this-the-real-reason-why-trump-wants-to-ban-tiktok/#59e70e624aed |url-status=live }}</ref> The executive order was blocked by federal courts in [[TikTok v. Trump|two separate cases]] on grounds that the sanctions likely violated IEEPA's informational materials exemption (under the Berman Amendment) and First Amendment protections applying to users of the apps.<ref>{{Cite web|title=U.S. Judge Halts Trump's TikTok Ban, Hours Before It Was Set To Start|url=https://www.npr.org/2020/09/27/917452668/u-s-judge-halts-trumps-tiktok-ban-hours-before-it-was-set-to-start|access-date=2020-09-28|website=NPR.org|language=en}}</ref><ref>{{cite court |litigants=TikTok v. Trump |vol= |reporter=No. |opinion=1:20-cv-02658-CJN (Opinion)|pinpoint= |court=D.D.C. |date=Sep. 27, 2020|url=https://www.courtlistener.com/recap/gov.uscourts.dcd.222257/gov.uscourts.dcd.222257.30.0_3.pdf |accessdate=2020-09-28 |quote=}}</ref><ref name=commerceblock>{{cite web | url = https://www.reuters.com/article/idUSKCN26B0IU | title = U.S. judge blocks Commerce Department order to remove WeChat from app stores | first = David | last= Shepardson | date = September 20, 2020 | access-date= September 20, 2020 | publisher = [[Reuters]] }}</ref>
+Also in September 2020, Trump used the IEEPA to [[Donald Trump–TikTok controversy|order the removal]] of social media platforms [[TikTok]] and [[WeChat]] from U.S. app stores as well as prohibit domestic business transactions involving their respective China-based parent companies [[ByteDance]] and [[Tencent]]; the restrictions would have become applicable to TikTok unless it was sold to an American company within 45 days of the executive order's issuance.<ref>{{cite web |last=Carvajal |first=Nikki |title=Trump issues executive order banning TikTok from operating in 45 days if it's not sold by Chinese parent company |url=https://www.cnn.com/2020/08/06/politics/trump-executive-order-tiktok/index.html |access-date=7 August 2020 |website=CNN |date=7 August 2020 |archive-date=10 August 2020 |archive-url=https://web.archive.org/web/20200810020022/https://www.cnn.com/2020/08/06/politics/trump-executive-order-tiktok/index.html |url-status=live }}</ref><ref name=":11">{{Cite news|last=Arbel|first=Tali|date=6 August 2020|title=Trump bans dealings with Chinese owners of TikTok, WeChat|work=Associated Press|url=https://apnews.com/719d8c83f689929c9c9d8c9aa5593fc8|url-status=live|access-date=6 August 2020|archive-date=7 August 2020|archive-url=https://web.archive.org/web/20200807071140/https://apnews.com/719d8c83f689929c9c9d8c9aa5593fc8}}</ref> Observers (including Trump administration critics and many TikTok users) raised First Amendment concerns with the executive order and suggested that, while national security concerns were cited to justify them, the sanctions were prompted by the administration's hostile relations toward China in general and retaliation against TikTok in particular for certain anti-Trump content hosted by the app and, as also suggested by ByteDance in court documents pertaining to its lawsuit to overturn the order, a ticket reservation prank waged by some users of the video platform that depressed attendance for a campaign rally he held in [[Tulsa, Oklahoma]] that June.<ref>{{cite web|title=TIKTOK INC. and BYTEDANCE LTD. v. DONALD J. TRUMP, WILBUR L. ROSS, JR.,and U.S. DEPARTMENT OF COMMERCE|url=https://www.scribd.com/embeds/473491411/content?start_page=1&view_mode=scroll&access_key=key-CyfxmtdGZkTuD9VH6U9T|publisher=[[United States District Court for the Central District of California|U.S. District Court for the Central District of California Western Division]]|via=Scribd|date=24 August 2020|access-date=14 September 2020}}</ref><ref>{{cite web |title=Is This The Real Reason Why Trump Wants To Ban TikTok? |url=https://www.forbes.com/sites/abrambrown/2020/08/01/is-this-the-real-reason-why-trump-wants-to-ban-tiktok/#59e70e624aed |first=Abram |last=Brown |work=Forbes |date=1 August 2020 |access-date=3 August 2020 |archive-date=3 August 2020 |archive-url=https://web.archive.org/web/20200803094339/https://www.forbes.com/sites/abrambrown/2020/08/01/is-this-the-real-reason-why-trump-wants-to-ban-tiktok/#59e70e624aed |url-status=live }}</ref> The executive order was blocked by federal courts in [[TikTok v. Trump|two separate cases]] on grounds that the sanctions likely violated IEEPA's informational materials exemption (under the Berman Amendment) and First Amendment protections applying to users of the apps.<ref>{{Cite web|title=U.S. Judge Halts Trump's TikTok Ban, Hours Before It Was Set To Start|url=https://www.npr.org/2020/09/27/917452668/u-s-judge-halts-trumps-tiktok-ban-hours-before-it-was-set-to-start|access-date=2020-09-28|website=NPR.org|language=en}}</ref><ref>{{cite court |litigants=TikTok v. Trump |vol= |reporter=No. |opinion=1:20-cv-02658-CJN (Opinion)|pinpoint= |court=D.D.C. |date=Sep. 27, 2020|url=https://www.courtlistener.com/recap/gov.uscourts.dcd.222257/gov.uscourts.dcd.222257.30.0_3.pdf |accessdate=2020-09-28 |quote=}}</ref><ref name=commerceblock>{{cite web | url = https://www.reuters.com/article/idUSKCN26B0IU | title = U.S. judge blocks Commerce Department order to remove WeChat from app stores | first = David | last= Shepardson | date = September 20, 2020 | access-date= September 20, 2020 | publisher = Reuters }}</ref>
 ==Litigation==