TikTok ban: TikTok hires ex-Trump administration lawyer ahead of Supreme Court appeal

TikTok and its Chinese owner ByteDance have turned to a veteran US Supreme Court lawyer as they prepare to ask the justices to block a law that could ban the popular short video platform in the United States.

Noel Francisco, who served as US solicitor general during Republican President-elect Donald Trump’s first administration, will represent TikTok along with his partner Hashim Mooppan at law firm Jones Day, court papers show.

As the Justice Department’s top Supreme Court advocate from 2017 to 2020, Francisco defended Trump’s ban on people from six predominantly Muslim countries entering the United States. He has argued more than 20 cases before the high court.

Defending the potential TikTok ban is the job of the Justice Department, which Trump will again oversee when he takes office on January 20. Trump has said he will not allow TikTok to be banned.

Francisco, Mooppan and Jones Day did not immediately respond to requests for comment. The Justice Department declined to comment. TikTok had no comment on Francisco’s hire.

Democratic president Joe Biden signed a law in April requiring ByteDance to divest TikTok by January 19, 2025, or face a nationwide ban. US lawmakers said TikTok poses national security risks because China could compel the company to share data on its 170 million monthly users. TikTok has denied being beholden to the Chinese government.

The US Court of Appeals for the DC Circuit ruled last week that the law was constitutional. ByteDance on Monday asked the DC Circuit to put the law on hold pending Supreme Court review. Francisco’s firm advised Trump’s 2016 presidential campaign. Many Jones Day lawyers took prominent roles during Trump’s first term.

Francisco is currently representing major US gun makers before the Supreme Court after Mexico sued them for allegedly aiding illegal trafficking.