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Inside Washington
This could be the biggest issue of 2027. Dems are split on it.
Representative Lori Trahan has been positioning herself as a leader on artificial intelligence policy—so much so that she passed up a chance at a leadership role to instead focus on AI policy, she told Politico in an interview published Tuesday. Polls show voters’ concern over artificial intelligence is rising rapidly, whether it’s because of cybersecurity risks, data centers, or job loss. But it’s not yet clear which Democrats—and which proposals—might lead the way in a Democratic-led House come January.
Trahan’s legislation, the FRONTIER Act, is co-written with GOP Representative Jay Obernolte, and would give the government the authority to pause the deployment of risky AI models. Advocates for the bill say that it introduces safety guardrails while remaining flexible and without stifling innovation.But Trahan’s bill is one of a number of proposals Democrats have floated in recent months. And it’s not clear that hers is the one the party would support. In fact, some experts are concerned that Trahan’s bill might do more harm than good due to its preemption of state-level AI legislation, where the federal legislation would block states from making their own policies that go further. “The irony of the FRONTIER Act is that it draws inspiration from the California and New York AI laws,” said Amos Toh, a senior counsel and manager at the Brennan Center, referencing legislation passed by the two states that requires frontier AI labs to establish a framework for risk management and report safety breaches to the state. The New York bill, the RAISE Act, was championed by state Representative Alex
Bores, who lost his primary for Congress after AI-affiliated PACs spent millions against him.”Because of the political paralysis in Congress, [states] are the ones that are leading the thinking and development of what AI regulation should look like,” Toh added. Preempting state regulation “should give us all pause.” Jeff
Hauser, the founder and executive director of the Revolving Door Project, agrees with Toh’s concerns. He said it’s a matter of “legislative humility,” arguing that preemption assumes the federal approach is more correct than what states could legislate, a dangerous assumption given how fast the AI industry is changing.
Trahan and Obernolte addressed the preemption issue in late July, editing the original draft of the bill to decrease—but not fully eliminate—what the bill preempts. The latest version of the legislation would still preempt states on mandatory incident reporting and third-party audits of AI labs. “The FRONTIER Act does not ban states from regulating artificial intelligence. In fact, it expressly preserves state authority to protect kids online, and to enforce the civil rights, consumer protection, and privacy laws that govern how AI is developed, deployed, and used,” Trahan wrote in a newsletter sent to constituents.Trahan is not the only Democratic lawmaker who has been positioning herself as a leader on AI. In July, Representative Ted Lieu also unveiled a bipartisan proposal, the AI Kill Switch Act, which would require AI labs to report security incidents and create a mechanism to shut down their most powerful models. Lieu is a member of the recently created House Democratic Commission on AI and the Innovation Economy, alongside Representatives Valerie Foushee, Josh Gottheimer, Frank Pallone Jr., and Zoe Lofgren. Henry Burke, a researcher at the Revolving Door Project, criticized those appointments, arguing that the commission’s members are too entangled with Big Tech.
Representative Greg Casar has also unveiled a series of bills related to AI this year, including a plan to protect workers from AI-related job loss and a proposal to ban artificial superintelligence in partnership with Senator Bernie Sanders.
Lieu sees room for collaboration with other pieces of legislation: “We need to look at both predeployment and postdeployment issues with AI, but the Kill Switch bill focuses on models that go rogue after they have already been built,” he said in a statement to The New Republic. “The bill would be complementary to any bills that address the testing and vetting of AI models that have not yet been deployed.”
Trahan doesn’t care for some of these competing proposals. “A permanent ban with no path to passage, that doesn’t protect anyone,” Trahan told Politico about Casar and Sanders’s legislation. Outright bans, she said, could “trigger a backlash that chokes off the chance to put sensible, durable guardrails in place for the future.”
Hauser disagrees with that reasoning. The AI industry “was way more politically powerful a year ago than they are now,” he told The New Republic. “They are right now a millstone around the necks of their top advocates, and people are scrambling to switch positions on AI,” he added, pointing to recent 180s on AI from Governors Josh Shapiro and Greg Abbott.
“What’s been concerning to me about Lori Trahan is how well she fits into the ‘in order to do X, we have to sacrifice on Y’ school, which I think is just what the AI oligarchs want,” Hauser said. He explained his concern that some lawmakers make “false choices,” for example only focusing on narrow AI safety issues, leaving open space for AI companies to harm the economy or build more data centers.
One way or another, Democrats will need a strategy on AI regulation—particularly if they win big in the November midterms. But the bills are only one piece of that. Toh said he’s also keeping an eye on what kinds of hearings and investigations Democrats conduct on AI-related cybersecurity breaches, like the recent OpenAI and Hugging Face incident. “I think it’s very much about setting the tone for the next Congress,” he said. “I think an early marker of that will really be whether they are conducting proper, rigorous, and independent investigations and hearings into how AI developers and their trusted partners got us into this situation.”
—Emma Janssen
Outside Washington
As Trump and MAGA-world head into their all-hands-on-deck attempt to save Republican Senate candidate Ken Paxton, Democrat James Talarico continues to trot out endorsements from the people Paxton has pissed off over the years. Amid a $10 million ad buy from the MAGA Inc. super PAC and GOP preparations for an unprecedented midterm “convention” in Dallas featuring both the president and vice president, the Talarico team on Tuesday dropped a new ad featuring David Maxwell, the director of law enforcement for the attorney general’s office during Paxton’s tenure as attorney general. Maxwell was one of the people who were fired by Paxton’s office after they reported Paxton to the FBI for misusing his position to help a donor friend. In the ad that dropped Tuesday, Maxwell says Talarico “knows a bad guy when he sees one.” And just for good measure, in a statement reported by The Texas Tribune, Maxwell calls Paxton a “crook.”
This ad comes on the heels of a similar one. Last month, Joe Joplin, the attorney whose $1,000 Montblanc pen Paxton (allegedly, but on video) stole in 2012, endorsed Talarico. The campaign ran a “Vote for James Talarico. He won’t steal your pen” ad around it, and added a black pen with white lettering reading “Not Ken Paxton’s Pen” to its campaign merch.
—Heather Souvaine Horn
The Ideas Factory
Thursday at 1 p.m., the Roosevelt Institute hosts a Zoom conversation “about the future of Social Security revenue” with the organization’s “Good Life Residents” Tyler Bond, Jon Schwabish, and Lena Simet. The panel will discuss closing various tax loopholes and “how future revenue reform can preserve Social Security’s core guarantees, reject benefit cuts, and create room to strengthen and expand the program as a durable system of progressive social insurance.”
Thursday at 11 a.m., the Carnegie Endowment for International Peace
hosts a live event about the “lessons learned and unlearned” in the 25 years since the September 11 attacks. Carnegie senior fellow Aaron David Miller will speak with Brookings scholar Philip Gordon, the McCain Institute’s Nicholas Rasmussen, and Susan B. Glasser of The New Yorker.
—Heather Souvaine Horn
In Closing
Book of the Week
THE GIST: This is the biography of lawyer and conservative activist Roy Cohn that this country has been waiting decades for. “Before Roy Cohn, America had a bipartisan establishment that adjudicated the rough edges of the country’s raucous democracy,” Bird, the preeminent biographer of said establishment, writes with the help of his longtime researcher (and wife) Susan Goldmark. “Cohn used his entire career to subvert the establishment, breaking all the rules and creating a divisive, highly partisan political culture that has reinforced the legacy of Senator Joe McCarthy.”
PRAISE: New York Times critic Jennifer Szalai highlights the significance of the book’s title, which mirrors Bird’s more famous biography of Robert Oppenheimer (American Prometheus), which was adapted by Christopher Nolan for the big screen. “When Oppenheimer witnessed the first detonation of a nuclear bomb,” Szalai writes, “he was reminded of a line from the Bhagavad-Gita: ‘Now I am become Death, the Destroyer of Worlds.’ He was horrified by the new reality that he had helped bring into being…. A Prometheus steals fire for humanity; a scoundrel takes everyone for a ride.”
CRUISING THE INDEX: The best and most revelatory parts of this book are hardly surprising—they detail Cohn’s relationship with his (sort of) mentor Joseph McCarthy and his protégé Donald Trump. But American Scoundrel is also a fine book about New York high society, albeit somewhat on the margins—the sections on upscale Jewish life in the 1920s and 1930s and Cohn’s glitzy, seedy social life in the ’60s, ’70s, and ’80s are particularly interesting. And while this is a book about many of the worst people in American life in the second half of the twentieth century—Trump, McCarthy, Roger Stone, and, of course, Cohn himself—there are plenty of other cameos. Cohn’s social circle also included Barbara Walters, Walter Winchell, George Steinbrenner, and William F. Buckley Jr.
TNR’S QUICK CRITICAL ASSESSMENT: There have been great fictional portrayals of Cohn. (Al Pacino in Angels in America, and Jeremy Strong, who contributed research materials to American Scoundrel, come to mind.) But a full-scale biography like this has been desperately needed. Bird has produced it. American Scoundrel isn’t just a book about Cohn and the twentieth century—it’s a book about how he shaped the twenty-first century, too. We are still living in his world, now perhaps more than ever.
—Alex Shephard
Political Trivia Question of the Day
With New Hampshire in the news: Back when the state’s first-in-the-nation primary was important, one Democratic front-runner was laid low there when he responded emotionally to a false charge against him—who was the candidate, and what was the year? (Sign up for The TNR Blue Book to find the answer in Tuesday’s newsletter.)






