TIKTOK INC. et al v. TRUMP et al

Filing 15

MOTION for Preliminary Injunction MOTION to Expedite by BYTEDANCE LTD., TIKTOK INC. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Text of Proposed Order)(Hall, John). Added MOTION to Expedite on 9/24/2020 (zeg).

Case 1:20-cv-02658-CJN Document 15-22 Filed 09/23/20 Page 1 of 7

EXHIBIT 16

Trump Demanding Cut From Microsoft TikTok Sale Akin to 'Extortion,' Critics 2
Case 1:20-cv-02658-CJN Document 15-22 Filed 09/23/20 PageSayof 7

9/23/2020

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TECH & SCIENCE

Trump Demanding Cut From Microsoft TikTok Sale Akin to
'Extortion,' Critics Say
BY JASON MURDOCK ON 8/4/20 AT 5:17 AM EDT

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Trump Demanding Cut From Microsoft TikTok Sale Akin to 'Extortion,' Critics 3
Case 1:20-cv-02658-CJN Document 15-22 Filed 09/23/20 PageSayof 7

9/23/2020

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TECH & SCIENCE

P

TIKTOK

BAN

DONALD TRUMP

MICROSOFT

resident Donald Trump's assertion that the U.S. should get a "big
percentage" cut from any sale of TikTok has been likened to "extortion"

by critics.
Questioned about the proposal at a briefing yesterday evening, Trump doubled
down on an earlier statement that the U.S. Treasury should get a "substantial
portion" of money from any future TikTok acquisition as it helped to facilitate the
deal.
"Whether it's Microsoft or somebody else, or it was the Chinese, what the price
is, the United States should get a very large percentage of that price because
we're making it possible," Trump said, before elaborating on the source of the
cash.
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He added: "Whatever the number is, it would come from the sale, which nobody
else would be thinking about, but me. But that's the way I think. I think it's very
fair."
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Trump Demanding Cut From Microsoft TikTok Sale Akin to 'Extortion,' Critics 4
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9/23/2020

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While it's unclear what legal authority he will operate under, the president
threatened to halt TikTok's operations in the U.S. because it is "too big, too
invasive." Microsoft confirmed Sunday it is exploring a partial takeover of
TikTok's operations.
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Trump confirmed he had given Microsoft CEO Satya Nadella until September 15
to hash out any business deal with the app. Political opponents say TikTok is a
possible security risk, citing its ownership by a Beijing-based tech firm called
ByteDance.
"Maybe a deal is going to be made. It's a great asset. But it's not a great asset
in the United States unless they have the approval of the United States," Trump
said.
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Trump Demanding Cut From Microsoft TikTok Sale Akin to 'Extortion,' Critics 5
Case 1:20-cv-02658-CJN Document 15-22 Filed 09/23/20 PageSayof 7

"It'll close down on September 15 unless Microsoft or somebody else is able to
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buy it and work out a deal—an appropriate deal. So the Treasury of the—really,
the Treasury... of the United States gets a lot of money. A lot of money. Okay?"
he added.
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The unconventional proposal about a Treasury kick-back alarmed
commentators and media outlets, which noted it was similar to an extortion
tactic; the White House letting the app operate in the region and reach a large
U.S. audience—for a price.
Bloomberg reported the U.S. government receiving a slice of a purchase
involving firms that it does hold a stake would be "unprecedented based on
recent history." Axios' Dan Primack said Trump's proposal was "skating very
close to announcing extortion."
The sentiment spilled onto Twitter. Sharing a story to his 62,000 followers, social
media commentator Matt Navarra wrote: "This sounds a lot like extortion by
Trump."
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Michael R. Bromwich, former Department of Justice Inspector General, tweeted:
"When extortion/bribery is a way of life... This is becoming a more overt RICO
[Racketeer Influenced and Corrupt Organizations Act] enterprise with each
passing day."
Emeritus professor of government of the University of Manchester, Colin Talbot,
noted: "Trump running the USA like some sort of criminal extortion racket?"
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Trump Demanding Cut From Microsoft TikTok Sale Akin to 'Extortion,' Critics 6
Case 1:20-cv-02658-CJN Document 15-22 Filed 09/23/20 PageSayof 7

Primack wrote: "The full Trump statements are even more troublingSUBSCRIBE
than the
initial tweet. He is literally saying part of the purchase price must go to Treasury
because there's no deal w/out the WH approval. Don't see how that's anything
but extortion."
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In a blog post, Microsoft said it is "committed to acquiring TikTok subject to a
complete security review and providing proper economic benefits to the United
States, including the United States Treasury," potentially referencing the
proposed agency payout.
Michael R. Bromwich
@mrbromwich

When extortion/bribery is a way of life...
WSJ News Alert: Trump Says U.S. Should Get Slice of
TikTok Sale Price
2:52 PM · Aug 3, 2020
492

204 people are Tweeting about this

One widely-shared tweet that attracted 1,000-plus shares, by body language
expert and physician Dr. Jack Brown, suggested: "Trump is muscling TikTok to
sell and he wants the Treasury Dept. to get a cut of the sale—these are
extortion/mob tactics."
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It remains unknown if the Microsoft-TikTok deal will go ahead. The tech giant
said it will seek to buy the brand's operations in the U.S. Canada, Australia, and
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New Zealand, and pledged to ensure data of American users is transferred to
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and held domestically.
According to Reuters, the negotiations are being overseen by the Committee on
Foreign Investment in the United States (CFIUS). For now, it's also unclear what
would happen if the September 15 deadline passes without a formal offer, and
how the U.S. government plans to stop the app from being used by millions of
people inside the country.

President Donald Trump speaks during a news conference in the James Brady Press Briefing Room of the White
House on August 3, 2020 in Washington, DC.
DREW ANGERER/GETTY

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