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AI Executive Order Fight Escalates as States Refuse Federal Overreach

Brendan Steinhauser: "This executive order has limitations. The president cannot just overturn state laws.”

Grace Chong by Grace Chong
December 12, 2025
in Artificial Intelligence, Transcripts
Reading Time: 6 mins read
Home Big Tech & AI Artificial Intelligence

The AI executive order fight is entering a critical new phase as states push back against federal overreach and demand real limits on advanced artificial intelligence.

WATCH THE CLIP BELOW:

This clip aired on WarRoom’s morning show on December 12, 2025. Transcript begins below (lightly edited for clarity; may contain minor errors).

 

BRENDAN STEINHAUSER: I Think President Trump Wants To Do Right On AI, But Sacks And Crew Are Pushing Bad Takes. This Is By No Means Over, As This EO Has Limitations. We Need To Continue To Work To Protect Our Citizens From Advanced AI!

STEVE BANNON (HOST): For the Alliance for Safe or Secure Artificial Intelligence. Brendan, I know you’ve got to bounce. I just want your thoughts on the executive order. It at least sets up a process, and they say it’s not preemption. There’s going to be a regulatory apparatus. You’re in the middle of this fight. Let’s say you, your first take on it, and what is your guidance to this audience about how we get into this regulatory apparatus exactly what we need to make sure that we’ve got a safe and secure artificial intelligence.

BRENDAN STEINHAUSER (GUEST): Sir, absolutely. Well, it’s great to be back. I think that, look, everyone watching, we made a tremendous impact in this discussion, in this debate, and we need to keep fighting. It kind of reminds me of the Churchill speech before Parliament, where he talks about fighting on the beaches, fighting in the landing grounds and in the hills. We shall never surrender. And I think we have to get this right. We have to win. And so we’re going to continue that fight.

We have to do it at the federal level. We have to be involved in those policy discussions in Congress. We have to continue to work with our state lawmakers and governors and attorneys general to pass more laws in those states, to defend the laws on the books, and to basically tell the Department of Justice that if they sue the states, the states will fight them in court.

Look, I think President Trump wants to do the right thing. I think he’s trying to get this right. I just think that there have been some people in the White House and others who have been pushing this approach. So I still think there’s a lot of work to be done. I don’t think this is by any means over. This is an executive order that has limitations. The president cannot just overturn state laws. There’s talks about carve outs for kids safety. I think we need to sort of, you know, hold the administration to that. We need to continue to work to protect our citizens from advanced AI.

STEVE BANNON (HOST): So you’re really saying now, because they can’t just go and overrule state laws, you’re actually telling the DeSantises of the world hang tough until you get what you need for your state into some sort of federal regulatory apparatus, and or if that doesn’t work, just continue to fight on.

BRENDAN STEINHAUSER (GUEST): Absolutely. I think governors like DeSantis in Florida, Governor Sanders in Arkansas, Governor Cox in Utah, many others who have spoken out need to continue to keep up the fight. And they need to say, look, we want Congress to act. We want you guys to pass meaningful legislation on this. But until you do, and unless you do, we’re going to continue this process.

Because I think if this goes through the courts, I can’t see the courts allowing much of the EO to continue or to be able to overturn these laws. That’s just not a constitutional thing. It’s not something that a court is going to uphold, any federal court, and especially the courts that we have today and the makeup of those courts. I think that states should continue to move forward. In some ways, they should call the bluff if the DOJ does threaten to sue them, because I think that will fail.

That being said, I also think governors and attorneys general need to put pressure on members of Congress and say, look, if we’re going to have a federal standard, then let’s get it done. Let’s get to work. Let’s work together to protect kids, to work on how we prevent these massive job losses that are coming. Let’s work on ideas for preventing loss of control if we see the rise of a superintelligence. I think we need Congress to act.

And so the pressure is really on them. And I think the WarRoom Posse should be thinking about that today, thinking about getting prepared to move that conversation over to Congress.

STEVE BANNON (HOST): You may see Scalise put out 105 days of work next year. They could work around the clock just on this. There’s so many important things you’ve got to work on. It’s just stunning. Where do people go? I know you’re trying to not just awaken people, you’re trying to do it by educating them. Where do they go? Where do you send people to learn more about this? Not just your efforts, but overall this whole issue and how they can get smarter.

BRENDAN STEINHAUSER (GUEST): Yeah, I mean, our website is SECUREAINOW.ORG. We have a lot of resources there. But if people sign up to get our newsletter, we’re pretty good about saying you have to get as educated as possible as you can so that you can really make those arguments to your friends, family, and neighbors. Because again, we have to get this right. There is no surrender. There is no losing here, not only for the American people, but this is an issue that affects all of us around the world. So the United States Congress and the president and the states have a big job to do.

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