DOJ Authority and the “Because China” Trump AI Executive Order

When an Executive Order purports to empower the Department of Justice to sue states, the stakes go well beyond routine federal–state friction.  In the draft Trump AI Executive Order “Eliminating State Law Obstruction of National AI Policy”, DOJ is directed to challenge state AI laws that purportedly “interfere with national AI innovation” whatever that means.  It sounds an awful lot like laws that interfere with Google’s business model. This is not mere oversight—it operates as an in terrorem clause, signaling that states regulating AI may face federal litigation driven at least as much by private interests of the richest corporations in commercial history as by public policy.

AI regulation sits squarely in longstanding state police powers: consumer protection, public safety, impersonation harms, utilities, land use, and labor conditions.  Crucially, states also control the electrical and zoning infrastructure that AI data centers depend on like say putting a private nuclear reactor next to your house.  Directing DOJ to attack these laws effectively deputizes the federal government as the legal enforcer for a handful of private AI companies seeking unbridled “growth” without engaging in the legislative process. Meaning you don’t get a vote. All this against the backdrop of one of the biggest economic bubbles since the last time these companies nearly tanked the U.S. economy.

This inversion is constitutionally significant. 

Historically, DOJ sues states to vindicate federal rights or enforce federal statutes—not to advance the commercial preferences of private industries.  Here, the EO appears to convert DOJ into a litigation shield for private companies looking to avoid state oversight altogether.  Under Youngstown Sheet & Tube Company, et al. v. Charles Sawyer, Secretary of Commerce, the President lacks authority to create new enforcement powers without congressional delegation, and under the major questions doctrine (West Virginia v. EPA), a sweeping reallocation of regulatory power requires explicit statutory grounding from Congress, including the Senate. That would be the Senate that resoundingly stripped the last version of the AI moratorium from the One Big Beautiful Bill Act by a vote of 99-1 against.

There are also First Amendment implications.  Many state AI laws address synthetic impersonation, deceptive outputs, and risks associated with algorithmic distribution.  If DOJ preempts these laws, the speech environment becomes shaped not by public debate or state protections but by executive preference and the operational needs of the largest AI platforms. Courts have repeatedly warned that government cannot structure the speech ecosystem indirectly through private intermediaries (Bantam Books v. Sullivan.)

Seen this way, the Trump AI EO’s litigation directive is not simply a jurisdictional adjustment—it is the alignment of federal enforcement power with private economic interests, backed by the threat of federal lawsuits against states. These provisions warrant careful scrutiny before they become the blueprint for AI governance moving forward.

Ghosts in the Machine: How AI’s “Future” Runs on a 1960s Grid

The smart people want us to believe that artificial intelligence is the frontier and apotheosis of human progress. They sell it as transformative and disruptive. That’s probably true as far as it goes, but it doesn’t go that far. In practice, the infrastructure that powers it often dates back to a different era and there is the paradox: much of the electricity to power AI’s still flows through the bones of mid‑20th century engineering. Wouldn’t it be a good thing if they innovated a new energy source before they crowd out the humans?

The Current Generation Energy Mix — And What AI Adds

To see that paradox, start with the U.S. national electricity mix:

In 2023 , the U.S. generated about 4,178 billion kWh of electricity at utility-scale facilities. Of that, 60% came from fossil fuels (coal, natural gas, petroleum, other gases), 19% came from nuclear, and 21% from renewables (wind, solar, hydro). 
Nuclear power remains the backbone of zero-carbon baseload: it supplies around 18–19% of U.S. electricity, and nearly half of all non‑emitting generation. 
In 2025, clean sources (nuclear + renewables) are edging upward. According to Ember, in March 2025 fossil fuels fell below 50% of U.S. electricity generation for the first time (49.2%), marking a historic shift.
– Yet still, more than half of US power comes from carbon-emitting sources in most months.

Meanwhile, AI’s demand is surging:

– The Department of Energy estimates that data centers consumed 4.4% of U.S. electricity in 2023 (176 TWh) and projects this to rise to 6.7–12% by 2028 (325–580 TWh) according to the Department of Energy.
– An academic study of 2,132 U.S. data centers (2023–2024) found that these facilities accounted for more than 4% of national power consumption, with 56% coming from fossil sources, and emitted more than 105 million tons of CO₂e (approximately 2.18% of U.S. emissions in 2023). 
– That study also concluded: data centers’ carbon intensity (CO₂ per kWh) is 48% higher than the U.S. average.

So: AI’s power demands are no small increment—they threaten to stress a grid still anchored in older thermal technologies.

Global Data Centers https://www.datacentermap.com

Why “1960s Infrastructure” Isn’t Hyperbole

When I say AI is running on 1960s technology, I mean several things:

1. Thermal generation methods remain largely unchanged according to the EPA.  Coal-fired steam turbines and natural gas combined-cycle plants still dominate.

2. Many plants are old and aging.  The average age of coal plants in the U.S. is about 43 years; some facilities are over 60. Transmission lines and grid control systems often date from mid-to late-20th century planning.

3. Nuclear’s modern edge is historical.  Most U.S. nuclear reactors in operation were ordered in the 1960s–1970s and built over subsequent decades. In other words: The commercial installed base is old.

The Rickover Motif: Nuclear, Legacy, and Power Politics

To criticize AI’s reliance on legacy infrastructure, one powerful symbol is Admiral Hyman G. Rickover, the man often called the “Father of the Nuclear Navy.” Rickover’s work in the 1950s and 1960s not only shaped naval propulsion but also influenced the civilian nuclear sector.

Rickover pushed for rigorous engineering standards , standardization, safety protocols, and institutional discipline in building reactors. After the success of naval nuclear systems, Rickover was assigned by the Atomic Energy Commission to influence civilian nuclear power development.

Rickover famously required applicants to the nuclear submarine service to have “fixed their own car.” That speaks to technical literacy, self-reliance, and understanding systems deeply, qualities today’s AI leaders often lack. I mean seriously—can you imagine Sam Altman on a mechanic’s dolly covered in grease?

As the U.S. Navy celebrates its 250th anniversary, it’s ironic that modern AI ambitions lean on reactors whose protocols, safety cultures, and control logic remain deeply shaped by Rickover-era thinking from…yes…1947. And remember, Admiral Rickover had to transfer the hidebound Navy to nuclear power which at the time was just recently discovered and not well understood—and away from diesel. Diesel. That’s innovation and required a hugely entrepreneurial leader.

The Hypocrisy of Innovation Without Infrastructure

AI companies claim disruption but site data centers wherever grid power is cheapest — often near legacy thermal or nuclear plants. They promote “100% renewable” branding via offsets, but in real time pull electricity from fossil-heavy grids. Dense compute loads aggravate transmission congestion. FERC and NERC now list hyperscale data centers as emerging reliability risks. 

The energy costs AI doesn’t pay — grid upgrades, transmission reinforcement, reserve margins — are socialized onto ratepayers and bondholders. If the AI labs would like to use their multibillion dollar valuations to pay off that bond debt, that’s a conversation. But they don’t want that, just like they don’t want to pay for the copyrights they train on.

Innovation without infrastructure isn’t innovation — it’s rent-seeking. Shocking, I know…Silicon Valley engaging in rent-seeking and corporate welfare.

The 1960s Called. They Want Their Grid Back.

We cannot build the future on the bones of the past. If AI is truly going to transform the world, its promoters must stop pretending that plugging into a mid-century grid is good enough. The industry should lead on grid modernization, storage, and advanced generation, not free-ride on infrastructure our grandparents paid for.

Admiral Rickover understood that technology without stewardship is just hubris. He built a nuclear Navy because new power required new systems and new thinking. That lesson is even more urgent now.

Until it is learned, AI will remain a contradiction: the most advanced machines in human history, running on steam-age physics and Cold War engineering.


From Plutonium to Prompt Engineering: Big Tech’s Land Grab at America’s Nuclear Sites–and Who’s Paying for It?

In a twist of post–Cold War irony, the same federal sites that once forged the isotopes of nuclear deterrence are now poised to fuel the arms race of artificial intelligence under the leadership of Special Government Employee and Silicon Valley Viceroy David Sacks. Under a new Department of Energy (DOE) initiative, 16 legacy nuclear and lab sites — including Savannah River, Idaho National Lab, and Oak Ridge Tennessee — are being opened to private companies to host massive AI data centers. That’s right–Tennessee where David Sacks is riding roughshod over the ELVIS Act.

But as this techno-industrial alliance gathers steam, one question looms large: Who benefits — and how will the American public be compensated for leasing its nuclear commons to the world’s most powerful corporations? Spoiler alert: We won’t.

A New Model, But Not the Manhattan Project

This program is being billed in headlines as a “new Manhattan Project for AI.” But that comparison falls apart quickly. The original Manhattan Project was:
– Owned by the government
– Staffed by public scientists
– Built for collective defense

Today’s AI infrastructure effort is:
– Privately controlled
– Driven by monopolies and venture capital
– Structured to avoid transparency and public input
– Uses free leases on public land with private nuclear reactors

Call it the Manhattan Project in reverse — not national defense, but national defense capture.

The Art of the Deal: Who gets what?

What Big Tech Is Getting

– Access to federal land already zoned, secured, and wired
– Exemption from state and local permitting
– Bypass of grid congestion via nuclear-ready substations
– DOE’s help fast-tracking nuclear microreactors (SMRs)
– Potential sovereign AI training enclaves, shielded from export controls and oversight

And all of it is being made available to private companies called the “Frontier labs”: Microsoft, Oracle, Amazon, OpenAI, Anthropic, xAI — the very firms at the center of the AI race.

What the Taxpayer Gets (Maybe)

Despite this extraordinary access, almost nothing is disclosed about how the public is compensated. No known revenue-sharing models. No guaranteed public compute access. No equity. No royalties.

Land lease payments? Not disclosed. Probably none.
Local tax revenue? Minimal (federal lands exempt)
Infrastructure benefit sharing? Unclear or limited

It’s all being negotiated quietly, under vague promises of “national competitiveness.”

Why AI Labs Want DOE Sites

Frontier labs like OpenAI and Anthropic — and their cloud sponsors — need:
– Gigawatts of energy
– Secure compute environments
– Freedom from export rules and Freedom of Information Act requests
– Permitting shortcuts and national branding

The DOE sites offer all of that — plus built-in federal credibility. The same labs currently arguing in court that their training practices are “fair use” now claim they are defenders of democracy training AI on taxpayer-built land.

This Isn’t the Manhattan Project — It’s the Extraction Economy in a Lab Coat

The tech industry loves to invoke patriotism when it’s convenient — especially when demanding access to federal land, nuclear infrastructure, or diplomatic cover from the EU’s AI Act. But let’s be clear:

This isn’t the Manhattan Project. Or rather we should hope it isn’t because that one didn’t end well and still hasn’t.
It’s not public service.
It’s Big Tech lying about fair use, wrapped in an American flag — and for all we know, it might be the first time David Sacks ever saw one.

When companies like OpenAI and Microsoft claim they’re defending democracy while building proprietary systems on DOE nuclear land, we’re not just being gaslit — we’re being looted.

If the AI revolution is built on nationalizing risk and privatizing power, it’s time to ask whose country this still is — and who gets to turn off the lights.

Beyond Standard Oil: How the AI Action Plan Made America a Command Economy for Big Tech That You Will Pay For

When the White House requested public comments earlier this year on how the federal government should approach artificial intelligence, thousands of Americans—ranging from scientists to artists, labor leaders to civil liberties advocates—responded with detailed recommendations. Yet when America’s AI Action Plan was released today, it became immediately clear that those voices were largely ignored. The plan reads less like a response to public input and more like a pre-written blueprint drafted in collaboration with the very corporations it benefits. The priorities, language, and deregulatory thrust suggest that the real consultations happened behind closed doors—with Big Tech executives, not the American people.

In other words, business as usual.

By any historical measure—Standard Oil, AT&T, or even the Cold War military-industrial complex—the Trump Administration’s “America’s AI Action Plan” represents a radical leap toward a command economy built for and by Big Tech. Only this time, there are no rate regulations, no antitrust checks, and no public obligations—just streamlined subsidies, deregulation, and federally orchestrated dominance by a handful of private AI firms.

“Frontier Labs” as National Champions

The plan doesn’t pretend to be neutral. It picks winners—loudly. Companies like OpenAI, Anthropic, Meta, Microsoft, and Google are effectively crowned as “national champions,” entrusted with developing the frontier of artificial intelligence on behalf of the American state.

– The National AI Research Resource (NAIRR) and National Science Foundation partnerships funnel taxpayer-funded compute and talent into these firms.
– Federal procurement standards now require models that align with “American values,” but only as interpreted by government-aligned vendors.
– These companies will receive priority access to compute in a national emergency, hard-wiring them into the national security apparatus.
– Meanwhile, so-called “open” models will be encouraged in name only—no requirement for training data transparency, licensing, or reproducibility.

This is not a free market. This is national champion industrial policy—without the regulation or public equity ownership that historically came with it.

Infrastructure for Them, Not Us

The Action Plan reads like a wishlist from Silicon Valley’s executive suites:

– Federal lands are being opened up for AI data centers and energy infrastructure.
– Environmental and permitting laws are gutted to accelerate construction of facilities for private use.
– A national electrical grid expansion is proposed—not to serve homes and public transportation, but to power hyperscaler GPUs for model training.
– There’s no mention of public access, community benefit, or rural deployment. This is infrastructure built with public expense for private use.

Even during the era of Ma Bell, the public got universal service and price caps. Here? The public is asked to subsidize the buildout and then stand aside.

Deregulation for the Few, Discipline for the Rest

The Plan explicitly orders:
– Rescission of Biden-era safety and equity requirements.
– Reviews of FTC investigations to shield AI firms from liability.
– Withholding of federal AI funding from states that attempt to regulate the technology for safety, labor, or civil rights purposes.

Meanwhile, these same companies are expected to supply the military, detect cyberattacks, run cloud services for federal agencies, and set speech norms in government systems.

The result? An unregulated cartel tasked with executing state functions.

More Extreme Than Standard Oil or AT&T

Let’s be clear: Standard Oil was broken up. AT&T had to offer regulated universal service. Lockheed, Raytheon, and the Cold War defense contractors were overseen by procurement auditors and GAO enforcement.

This new AI economy is more privatized than any prior American industrial model—yet more dependent on the federal government than ever before. It’s an inversion of free market principles wrapped in American flags and GPU clusters.

Welcome to the Command Economy—For Tech Oligarchs

There’s a word for this: command economy. But instead of bureaucrats in Soviet ministries, we now have a handful of unelected CEOs directing infrastructure, energy, science, education, national security, and labor policy—all through cozy relationships with federal agencies.

If we’re going to nationalize AI, let’s do it honestly—with public governance, democratic accountability, and shared benefit. But this halfway privatized, fully subsidized, and wholly unaccountable structure isn’t capitalism. It’s capture.