The Daily Scoop Podcast: "The Trump Admin is Readying an Executive Order on State AI Law Preemption"

Date: November 20, 2025
Host: Billy Mitchell

Overview

This episode centers on breaking news regarding a forthcoming executive order from the Trump administration aimed at preempting state-level AI regulations. The show also covers the Pentagon's decision to sharply reduce its critical technology priority list, signaling a new era in federal technology strategy.

Key Discussion Points & Insights

1. White House Prepares Executive Order to Preempt State AI Laws

(00:22 – 03:55)

• Draft Executive Order Details

  • President Trump is considering an executive order titled "Eliminating State Law Obstruction of National AI Policy."
  • The order is designed to override and challenge state efforts — especially in California and Colorado — that regulate AI beyond federal standards.
  • It proposes creating an AI Litigation Task Force empowered to legally challenge state laws on grounds such as unlawful regulation of interstate commerce.

• Federal Agency Roles

  • Commerce Department: Mandated to review and flag state AI laws conflicting with federal policy and recommend those statutes for legal challenge; also, to withhold some federal funding from states deemed overly restrictive on AI.
  • FCC: Tasked with establishing a national AI reporting/disclosure standard that would preempt state requirements.
  • FTC: Would apply federal rules against unfair and deceptive acts, potentially invalidating state laws seen as requiring "alterations to the truthful outputs of AI models."
  • White House Legislative Recommendation: Calls for drafting legislation to create a single federal AI regulatory framework, superseding state laws.

• Legislative Moves

  • Congressional Republicans aim to include a moratorium on state AI laws in the National Defense Authorization Act (NDAA).
  • President Trump has publicly supported a federal standard for AI regulation, proposing its inclusion in key legislation.

• Official Responses

  • The order viewed by FedScoop is “deliberative and pre-decisional.” Officially, the White House maintains any discussion of the order is speculative until it is formally announced.

• Administration's Stance

  • Reflects longstanding GOP concerns that a patchwork of state laws could hamper AI innovation and create compliance headaches.
  • Prior administration action plans cited the misallocation of federal funds to states with "burdensome" AI rules.

Notable Quotes:

• On aims of the draft executive order:
  "The draft order...includes plans to establish an AI litigation task force to challenge state AI statutes, restrict funding for states with AI laws that the administration view as onerous, and launch efforts to preempt state laws via the Federal Trade Commission, the Federal Communications Commission, and legislation."
  – Billy Mitchell, (01:08)

• On targeting state efforts:
  "...the document comes as long discussed desires by the Trump administration and congressional Republicans to preempt state AI laws and clear the field for AI companies appear to be coming to a head."
  – Billy Mitchell, (01:56)

2. Pentagon Streamlines its Critical Technology List

(03:55 – 05:08)

• Key Announcement

  • The Defense Department’s Chief Technology Office has reduced its critical technology research and development priorities from 14 under the Biden administration to 6.

• New Focus Areas Include:

  • Applied artificial intelligence
  • Biomanufacturing
  • Contested logistics technologies
  • Quantum and battlefield information dominance
  • Scaled directed energy
  • Scaled hypersonics

• Purpose of the Change

  • Under Secretary of Defense for Research and Engineering, Emil Michael, stated that a smaller list will "steer the department’s efforts to efficiently deliver the emerging capabilities the war fighters need."
  • Michael had previously criticized the broad previous list for "diluting focus" and impeding rapid fielding of critical technologies.

Notable Quotes:

• On narrowing technology priorities:
  "Such a broad list, in his words, dilutes focus and fails to highlight the most urgent needs of the warfighter."
  – Billy Mitchell, (04:27)

Timestamps of Important Segments

• 00:22 – Introduction to Trump administration’s draft executive order on AI law preemption.
• 01:08 – Summary of order provisions: litigation task force, funding restrictions, FTC/FCC roles.
• 01:56 – Context: GOP goals for federal AI standards, Trump's public support.
• 03:25 – Specific agencies’ responsibilities outlined.
• 03:55 – Shift to Pentagon’s reduction of tech priorities.
• 04:28 – Emil Michael’s reasoning for streamlined tech list.

Tone and Style

• The episode is delivered in a crisp, authoritative newsroom style typical of Billy Mitchell and The Daily Scoop Podcast: informative, straightforward, focused on actionable detail for policymakers and tech professionals.

Memorable Moments

• The specificity of the executive order’s target—naming California and Colorado as examples of “onerous” state AI laws.
• The unprecedented establishment of an "AI litigation task force" with a federal mandate to sue states over their AI regulations.
• Pentagon leadership’s frank critique of past over-broad technology lists and drive for rapid capability deployment.

For detailed coverage on these issues and more government technology news, listeners are directed to fedscoop.com.