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TikTok warns of ‘staggering’ consequences from US divest-or-ban law

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TikTok warns of ‘staggering’ consequences from US divest-or-ban law

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TikTok has urged a federal appeals court to block a law that could soon ban the social media app in the US over national security concerns related to its Chinese parent, arguing the consequences of such a move would be “staggering” for free speech.

Under the law signed by President Joe Biden earlier this year, TikTok will be banned in the US if it does not divest from its parent ByteDance by January 19 2025 — the day before the next US president is inaugurated. It comes as US officials have warned Beijing could compel the parent group to share the personal information of its 170mn American users for espionage purposes or manipulate what users see for propaganda purposes.

During a hearing before a three-judge panel in the US Court of Appeals for the District of Columbia on Monday, Andrew Pincus, a partner at Mayer Brown representing TikTok, invoked first amendment free speech protections in the constitution and pushed back against the argument that the video app was controlled by China or had posed a national security threat.

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“For the first time in history, Congress has expressly targeted a specific US speaker, banning its speech and the speech of 170mn Americans,” Pincus said.

“This law imposes extraordinary speech prohibition based on indeterminate future risks,” he said, adding the government had “not come anywhere near” proving the constitutionality of the law.

Pincus said remedies such as forcing the “disclosure” of any potential propaganda found on TikTok should be explored, rather than a full ban of the app.

However, one judge suggested TikTok was taking a “blinkered view” by arguing the statute was singling out a specific company, when it was targeting those owned by foreign adversaries. Another said it was “strange” that the lawyer appeared to be asking the judges require Congress to provide more “findings” to support the law when it had already been passed.

The outcome of the legal battle will seal the fate of a fast-growing app that has in recent years exploded in popularity to challenge Meta’s Instagram and Google’s YouTube. It has also become a vital tool in the US election for the campaigns of Kamala Harris and Donald Trump, who have seized on it as a way to reach young voters directly.

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Pincus said the law is in effect a ban, arguing a sale would be “unfeasible” because a standalone US app would not be possible. TikTok has previously noted Beijing has publicly said it would not allow the divestiture of platform’s recommendations algorithm by ByteDance, and has export control laws that would block such a spin-off.

One of the core issues of contention was how much influence ByteDance exerts over the video app in the US. Daniel Tenny, a lawyer for the US Department of Justice, argued there was “no dispute” that the parent group maintained and developed TikTok’s recommendation engine.

He warned its data could be “extremely valuable to a foreign adversary trying to compromise the security states, [for] knowing what Americans’ patterns are, who their contacts are, where they go, who they interact with, what sorts of content interests them”.

Nevertheless, much of the US government’s evidence is classified, meaning it cannot be seen by TikTok, on the basis that sharing it could cause serious harm to national security.

It is not the first time the app has fought a potential US shutdown. In 2020, TikTok successfully sued the US government when then-president Trump issued an executive order to ban the app, giving ByteDance 90 days to divest from its American assets and any data that TikTok had collected in the country.

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Trump has since flipped his position, arguing he would not ban TikTok as it is in the interests of competition in the social media sector that it remains in the US.

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US oil refiners gear up for comeback of Venezuelan crude

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US oil refiners gear up for comeback of Venezuelan crude

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US refiners are braced for a surge in Venezuelan crude that would make them early winners of President Donald Trump’s extraordinary plans for an energy-led regime change in Caracas.

Shares in America’s top refining groups jumped on Monday as traders bet their US Gulf Coast operations could snap up big volumes of Venezuelan heavy crude as Washington looks to ease sanctions and revive production.

Valero, the biggest US importer of Venezuelan crude, closed 9 per cent higher. Phillips 66 added 7 per cent and Marathon Petroleum 6 per cent. 

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“Our refineries in the Gulf Coast of the United States are the best in terms of refining the heavy crude,” said US secretary of state Marco Rubio on Sunday. “I think there will be tremendous demand and interest from private industry if given the space to do it.”

Trump this weekend touted the “tremendous amount of wealth” that could be generated by American oil companies returning to Venezuela’s oil sector after US forces captured President Nicolás Maduro and transported him to the US to face trial on drug-trafficking charges. 

That has sparked a burst of interest among energy investors keen to return to Venezuela — home to the biggest oil reserves in the world — decades after expropriations by Caracas led most to abandon the country. 

A flurry of executives was expected to arrive in Miami on Tuesday, where US energy secretary Chris Wright will pitch the benefits of channelling billions of dollars into reviving Venezuelan oil output, which has fallen from 3.7mn barrels a day in 1970 to less than 1mn b/d today as a result of chronic mismanagement, corruption and sanctions. 

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While any investment by US companies in rejuvenating Venezuelan oil production could take time, Gulf Coast refiners are well positioned to hoover up crude shipments as soon as sanctions are eased and more import permits are granted, something analysts say could happen quickly. 

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“Near-term, Gulf Coast refiners could be among the biggest winners of shifts that could occur here,” said Dylan White, principal analyst for North American crude markets at consultancy Wood Mackenzie. 

“The investment side of the coin in Venezuela is much more slow moving. It’s turning a very slow ship and it involves high-level decisions from a number of companies,” he said. “[But] sanctions policy changing in the US could change the economic benefits for US Gulf Coast refiners tomorrow.”

American refiners and traders import about 100,000-200,000 b/d of Venezuelan crude, down from 1.4mn b/d in 1997. Under current US sanctions, Chevron is the only American producer allowed to operate in the country and imports of Venezuelan crude are heavily restricted.

As much as 80 per cent of Venezuelan exports had been bound for China before the US imposed a naval embargo last month. Much of that could be quickly rerouted to the US if sanctions were lifted.

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“The natural proximal home for a lot of those Venezuelan heavy barrels would be the refining complex of the US Gulf Coast,” said Clayton Seigle, senior fellow at the Center for Strategic and International Studies, adding that the fact that the facilities were equipped to process Venezuelan heavy oil could explain “some of the short-term stock market reactions that we observed”.

Valero, Philips 66 and Marathon did not respond to requests for comment on their plans.

US refineries were largely set up before the shale revolution made America the world’s biggest oil producer. Almost 70 per cent of US refining capacity is designed primarily to handle the heavy grades common in Venezuela, Canada and Mexico rather than the light, sweet variety found in Texas oilfields, according to the American Fuel and Petrochemical Manufacturers.

Consultancy S&P Global Energy estimates that from 1990 to 2010, US refiners spent about $100bn on heavy crude processing capabilities, just before the fracking boom sent American production soaring.

“This finally gets some of the [return on investment] back,” said Debnil Chowdhury, Americas head of refining and marketing at S&P, of the potential for a return to significant imports of Venezuelan heavy oil.

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“We had a system that was kind of running de-optimised for the last 10-15 years. And this allows it to get a little bit closer to what it was designed for — which means slightly higher yields, higher margins.

“You get to basically use your asset more how it was designed because you’re getting the feedstock it was designed for.”

Data visualisation by Eva Xiao in New York

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Maduro seized, norms tested: Security Council divided as Venezuela crisis deepens

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Maduro seized, norms tested: Security Council divided as Venezuela crisis deepens

Why it matters: Council members are split over whether Washington’s move upholds accountability – or undermines a foundational principle of international order.  

Some delegations argue the action was exceptional and justified; others warn it risks normalising unilateral force and eroding state sovereignty.

Setting the tone, the UN Secretary-General cautioned that international peace and security rest on all Member States adhering to the UN Charter – language that framed a debate likely to expose deep and lasting divisions inside the chamber in New York – all as the Venezuelan leader appeared in a downtown federal courtroom just a few miles away.

US Ambassador Michael Waltz addresses the Security Council.

US: Law-enforcement operation, not war

The United States rejected characterisations of its actions as military aggression, describing the operation as a targeted law enforcement measure facilitated by the military to arrest an indicted fugitive.

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Ambassador Michael Waltz said:

  • Nicolás Maduro is not a legitimate head of State following disputed 2024 elections.
  • Saturday’s operation was necessary to combat narcotics trafficking and transnational organised crime threatening US and regional security.
  • Historical precedents exist, including the 1989 arrest of Panama’s former leader Manuel Noriega.

“There is no war against Venezuela or its people. We are not occupying a country,” he said. “This was a law-enforcement operation in furtherance of lawful indictments that have existed for decades.”

Venezuelan Ambassador Samuel Moncada addresses the Security Council meeting.

Venezuelan Ambassador Samuel Moncada addresses the Security Council.

Venezuela: Sovereignty violated; a dangerous precedent

Venezuelan Ambassador Samuel Moncada described his country as the target of an illegitimate armed attack lacking any legal justification, accusing the US of bombing Venezuelan territory, the loss of civilian and military lives, and the “kidnapping” of President Nicolás Maduro and First Lady Cilia Flores.

“We cannot ignore a central element of this US aggression,” he said. “Venezuela is the victim of these attacks because of its natural resources.”

Calling on the Council to act under its Charter mandate, he urged that:

  • The US be required to respect the immunities of the president and his wife and ensure their immediate release and safe return;
  • The use of force against Venezuela be clearly and unequivocally condemned;
  • The principle of non-acquisition of territory or resources by force be reaffirmed; and
  • Measures be adopted to de-escalate tensions, protect civilians and restore respect for international law.

Article 2 of the UN Charter in a nutshell

The ground rules for global cooperation 

Article 2 lays out the core principles that guide how countries work together under the United Nations. Here’s what it means:

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  • Equality for all nations: Every Member State, big or small, is treated as an equal.
  • Keep your promises: Countries must honour the commitments they made when joining the UN.
  • Peaceful problem-solving: Disputes should be settled without violence, to protect peace and justice.
  • No force or threats: Nations must not use force or threaten others’ independence or territory.
  • Support the UN’s actions: Members should help the UN when it acts to maintain peace—and never assist those opposing it.
  • Influence beyond membership: Even non-member States should follow these principles when peace and security are at stake.
  • Hands off domestic affairs: The UN cannot interfere in a country’s internal matters – except when enforcing peace under Chapter VII, which deals with actions to preserve international peace and security.

Read more about the UN Charter here.

Concern over use of force

Several Council members and others invited to take part expressed deep concern over the US military action, grounding their positions firmly in the UN Charter.

Colombia, Brazil, Mexico, Chile and Panama, underscored their region’s long-standing declaration as a zone of peace and warned that unilateral military action risked destabilising the Western hemisphere and aggravating displacement flows.

  • Colombia, in its first intervention as an elected Council member, rejected “any unilateral use of force” and cautioned that civilians invariably pay the highest price.
  • Brazil said the bombing and seizure of a head of State crossed an “unacceptable line,” warning of the erosion of multilateralism.
  • Mexico stressed that externally imposed regime change violates international law regardless of political disagreements.

Ambassadors also cited a worrying human rights situation inside Venezuela and the suffering of civilians, highlighting the need to ensure compliance with international law:

  • The United Kingdom highlighted years of suffering endured by Venezuelans – poverty, repression and mass displacement – while underscoring that respect for the UN Charter and the rule of law is essential for global peace and security.
  • Denmark and France acknowledged the imperative to combat organised crime and protect human rights – but warned that counter-narcotics efforts and accountability must be pursued through lawful, multilateral means.
A wide view of the United Nations Security Council meeting discussing threats to international peace and security, specifically regarding the situation in Venezuela.

A wide view of the Security Council meeting on the situation in Venezuela.

Regional voices backing US action

A smaller group of countries from the region took a different view.

  • Argentina praised the US operation as a decisive step against narcotics trafficking and terrorism, arguing that the operation and Mr. Maduro’s removal could open a path toward restoring democracy, the rule of law and human rights in Venezuela.
  • Paraguay also welcomed Mr. Maduro’s removal, calling for the immediate restoration of democratic institutions and the release of political prisoners, while urging that the transition proceed through democratic means.

Charter credibility at stake

Russia and China delivered some of the strongest criticism, characterising the US action as armed aggression and warning against the normalisation of unilateral force.

This position was echoed by countries beyond the Americas – including South Africa, Pakistan, Iran and Uganda – which warned the selective application of international law risks undermining the entire collective security system.

Representatives of Moscow and Beijing called for the immediate release of President Maduro and stressed the inviolability of head-of-State immunity under international law, framing the situation as a test of whether Charter principles apply equally to all States.

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Broadcast of the Security Council meeting regarding the situation in Venezuela.
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Video: Welcome to Rennie Harris’s Dance Floor

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Video: Welcome to Rennie Harris’s Dance Floor

new video loaded: Welcome to Rennie Harris’s Dance Floor

The acclaimed hip-hop choreographer Rennie Harris’s production “American Street Dancer” brought Detroit Jit, Chicago Footwork and Philly GQ to the stage. We invited cast members to showcase the three street dance styles.

By Chevaz Clarke and Vincent Tullo

January 5, 2026

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