'Honestly thought this was satire': Experts scoff at new Trump filing 'full of puffery'

Donald Trump has submitted a filing to the Supreme Court regarding the TikTok case brought by the Justice Department, which the court will decide in the coming session.

The lawsuit brought by the DOJ alleges "violations of the Children’s Online Privacy Protection Act and its implementing regulations (COPPA)."

Trump's lawsuit comes amid conversations about national security around the app. The concern addressed by Congressional legislation is that TikTok is influenced by the Chinese government, which the U.S. views as nefarious and fearful that it could flex its control to influence elections. The app is also used to collect data and information on Americans while also allowing for the injection of malicious software by China.

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"In light of these interests—including, most importantly, his overarching responsibility for the United States' national security and foreign policy—President Trump opposes banning TikTok in the United States at this juncture, and seeks the ability to resolve the issues at hand through political means once he takes office," the filing says. It goes on to quote Trump's post on Truth Social on Sept. 4, 2024, which said, "FOR ALL THAT WANT TO SAVE TIKTOK IN AMERICA, VOTE TRUMP!"

It then claims that "Trump alone possesses the consummate dealmaking expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform while addressing the national security concerns expressed by the Government—concerns which President Trump himself has acknowledged. ... Indeed, President Trump's first Term was highlighted by a series of policy triumphs achieved through historic deals, and he has a great prospect of success in this latest national security and foreign policy endeavor."

Lawyer Bob Loeb posted the filing on Bluesky and was asked by Reuters legal reporter Alizon Frankel if he could think of any other case in history in which a president-elect "filed a brief advocating for a particular outcome in a pending Supreme Court case."

Loeb noted another excerpt in which Trump's lawyers write, "In light of the novelty and difficulty of this case, the Court should consider staying the statutory deadline to grant more breathing space to address these issues. ... Such a stay would vitally grant President Trump the opportunity to pursue the political resolution that could obviate the Court's need to decide these constitutionally significant questions."

Former Justice Department and Homeland Security lawyer Eric Columbus pointed out, "Not the main point but someone should have stricken that 'vitally.'"

"I honestly thought this was satire when Bob first posted it," remarked Michigan Law Professor Leah Litman on Bluesky.

"The Trump amicus brief in the TikTok case is wild, not the least of which is because it explicitly is premised on 'I'll be president soon' and because the brief — full of puffery (at best) — is authored by his choice for solicitor general, D. John Sauer," pointed out legal analyst Chris Geidner.