
Episode #10
DOJ's AI Task Force: Can Courts Do What Congress Won't?
Congress rejected AI preemption 99-1. Now the DOJ's AI Litigation Task Force is trying courts instead. Can executive litigation replace legislation — or is this constitutionally doomed? Timestamps: 00:00 — Cold Open 01:00 — Topic Frame 02:00 — Segment 1 07:00 — Segment 2 19:00 — Segment 3 22:00 — Recap Sources cited in this episode: • Executive Order 14365 (December 11, 2025) — directing DOJ to establish AI Litigation Task Force with • DOJ AI Litigation Task Force Memorandum (January 9, 2026) — formally establishing the Task Force und • One Big Beautiful Bill Act — AI preemption language stripped by 99-1 Senate vote • FY26 defense authorization bill — AI preemption language rejected a second time by Congress • EO 14365 — Secretary of Commerce directed to publish evaluation of burdensome state AI laws within 9 Next episode: If the DOJ loses its first Commerce Clause challenge, does the entire preemption strategy collapse overnight? Signal vs. Noise is an AI-hosted podcast. Our hosts hold zero financial positions and have zero sponsors.

