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In purporting to license otherwise illegal conduct by tech firms, President Trump set a precedent expanding executive power, legal experts warned.
Charlie Savage has been writing about presidential power and legal policy for more than two decades. He reported from Washington.
July 3, 2025Updated 6:25 p.m. ET
Attorney General Pam Bondi told tech companies that they could lawfully violate a statute barring American companies from supporting TikTok based on a sweeping claim that President Trump has the constitutional power to set aside laws, newly disclosed documents show.
In letters to companies like Apple and Google, Ms. Bondi wrote that Mr. Trump had decided that shutting down TikTok would interfere with his “constitutional duties,” so the law banning the social media app must give way to his “core presidential national security and foreign affairs powers.”
The letters, which became public on Thursday via Freedom of Information Act lawsuits, portrayed Mr. Trump as having nullified the legal effects of a statute that Congress passed by large bipartisan majorities in 2024 and that the Supreme Court unanimously upheld.
Shortly after being sworn in, Mr. Trump issued an executive order directing the Justice Department to suspend enforcement of the TikTok ban and has since repeatedly extended it. That step has been overshadowed by numerous other moves he has made to push at the boundaries of executive power in the opening months of his second administration.
But some legal experts consider Mr. Trump’s action — and in particular his order’s claim, which Ms. Bondi endorsed in her letters, that he has the power to enable companies to lawfully violate the statute — to be his starkest power grab. It appears to set a significant new precedent about the potential reach of presidential authority, they said.
