> the accrued liability means nothing if the president agrees he won't prosecute them, right?
No.
One, our country has a rich tradition of third parties suing to compel the enforcement of laws. Two, we also have a rich tradition of successive presidents enforcing laws their predecessors didn't.
But again, how does a lawsuit compel the president to do anything? They can’t arrest or fine him. Ignoring the lawsuit is legal according to the Supreme Court decision in July.
And as for the next president, well, he would just have to tell byte dance what his price is to allow them to operate.
But the court isn't going into a server room somewhere and pressing a button to take TikTok off the app store. Apple would take it down because they would incur some sort of retaliation if they didn't. But that retaliation would never come because Trump controls the enforcers, and he has directed them to ignore noncompliance with the law. So how would the court compel this behavior from Apple?
> that retaliation would never come because Trump controls the enforcers
Federally, only today. And federally, the judiciary has its own enforcement powers. (To say nothing of private liability caused by wilful lawbreaking, even if encouraged by the President.)
It’s why Apple and Google, informed by the most-expensive lawyers in the world, have for now de-listed TikTok.
No.
One, our country has a rich tradition of third parties suing to compel the enforcement of laws. Two, we also have a rich tradition of successive presidents enforcing laws their predecessors didn't.