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cover of episode TikTok Is Still On The Chopping Block

TikTok Is Still On The Chopping Block

2025/1/13
logo of podcast What A Day

What A Day
AI Deep Dive AI Insights AI Chapters Transcript
People
J
Jane Koston
J
Jay Willis
法
法官Juan Merchan
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法官Juan Merchan: 我裁定特朗普犯有34项伪造文件罪，但考虑到他是当选总统，我决定对其进行无条件释放，不判处任何监禁。虽然此案备受瞩目，但审判过程与其他刑事案件并无二致。 Noel Francisco: TikTok否认其对国家安全构成威胁，并坚称其拥有独立的决策权，不受中国母公司ByteDance的控制。 Jay Willis: 特朗普的量刑结果是法律体系在特殊情况下所能做出的最佳近似正义。特朗普政府的司法部提名人选都与特朗普关系密切，忠诚于他。特朗普对司法机构的右倾程度将进一步加剧，因为他将提名那些比之前更极端的保守派法官。鲁迪·朱利安尼一直试图拖延时间，逃避向他诽谤的选举工作人员赔偿损失的判决。最高法院对政府以国家安全为由禁止TikTok的论点表示认同，但没有证据表明TikTok实际构成威胁。禁止TikTok的法律对言论自由的限制，需要满足严格审查标准，即政府必须有令人信服的理由，并采取最不具限制性的措施。禁止TikTok与国家安全之间的关联性不足，法院对政府的国家安全主张过于宽容。如果政府要禁止TikTok，就应该提供充分的理由，否则可能产生负面后果。特朗普拯救TikTok的计划不明确，并且面临法律上的挑战，因为他上任前就需要解决TikTok被强制出售的问题。 Jane Koston: 特朗普被判有罪但未服刑，这只是程序上的正式定罪，法官此前已明确表示不会对其进行有意义的刑事处罚。最高法院支持政府禁止TikTok，可能导致政府对与中国有联系的任何公司采取行动，甚至可能对其他公司也采取类似措施。

Deep Dive

Key Insights

What was the outcome of Donald Trump's sentencing in the hush money case?

New York State Supreme Court Justice Juan Merchan upheld Trump's conviction on 34 counts of falsifying documents but did not order him to serve jail time, citing his status as president-elect. The judge described the case as historic but noted the trial itself was not unique compared to other criminal trials.

Why did the Supreme Court consider banning TikTok?

The Supreme Court heard arguments on whether the U.S. can ban TikTok due to national security concerns. The federal government claims TikTok's Chinese parent company, ByteDance, could extract personal data from American users. TikTok denies these claims and argues a ban would violate free speech rights.

What are the broader implications if the Supreme Court upholds the TikTok ban?

Upholding the TikTok ban could set a precedent for the federal government to target other companies with ties to China or even domestic platforms owned by figures like Elon Musk or Mark Zuckerberg. Critics argue this could lead to overreach and undermine free speech protections.

What is the status of Jack Smith's resignation as special counsel?

Jack Smith resigned as special counsel on Friday, January 13th, as expected before Trump's inauguration. His resignation marks the end of two federal investigations into Trump: one regarding election interference and the other concerning mishandling of classified documents. The final report on election interference may be released soon.

What is Vice President-elect J.D. Vance's stance on pardoning January 6th rioters?

J.D. Vance supports pardoning some January 6th rioters, specifically those who protested peacefully but were treated harshly by the Justice Department. He opposes pardons for those who committed violence. Vance and Trump plan to review each case individually.

What is Mark Zuckerberg's approach to aligning with the incoming Trump administration?

Mark Zuckerberg has been actively courting the Trump administration by visiting Trump at Mar-a-Lago, donating to the Trump Inauguration Committee, and appointing prominent Republicans to key positions at Meta. This aligns with his history of seeking favor with powerful figures, including Chinese leaders.

What is the current situation with the L.A. fires and Trump's response?

The L.A. fires have burned an area twice the size of Manhattan, killed 24 people, and destroyed or damaged over 12,000 structures. Despite the severity, Trump criticized local officials on Truth Social, calling them incompetent. California lawmakers are seeking federal aid, but Trump has not yet responded to their requests.

Chapters
New York State Supreme Court Justice Juan Merchan sentenced President-elect Donald Trump in his criminal hush money case. The conviction was upheld, but Trump received no jail time due to his position. The case was historic, drawing immense media attention, yet the trial itself was ordinary.
  • Trump convicted on 34 counts of falsifying documents
  • No jail time due to being president-elect
  • Judge Merchan's explanation of the sentence
  • Unprecedented media attention and security

Shownotes Transcript

After months of delays, New York State Supreme Court Justice Juan Merchan finally sentenced president-elect Donald Trump in his criminal hush money case Friday. Merchan ruled Trump’s conviction must be upheld, but he did not order the president-elect to serve any jail time. In D.C., the U.S. Supreme Court seemed inclined to side with the federal government over a law to ban TikTok or force its sale, something Trump once supported but now opposes. Jay Willis, editor-in-chief of the legal website Balls and Strikes, breaks down the latest legal goings on.

And in headlines: California lawmakers sought to ease fears that Trump could block federal aid to help the state recover from the deadly L.A. fires, Special Counsel Jack Smith resigned from his post, and Vice President-elect JD Vance says he’s pro-pardon for some Jan. 6 rioters.

Show Notes: