President Donald Trump’s top AI advisor is seeking to clear up any confusion about the administration’s AI preemption plans.
In a lengthy post on X on Monday, White House AI and Crypto Czar David Sacks said that a forthcoming executive order to restrict states’ ability to regulate AI is “an attempt to settle a question of jurisdiction.”
Sacks, a venture capitalist and a co-host of the “All In” podcast, sought to address various concerns about AI preemption, which has proved to be a controversial topic even within Trump’s coalition.
He called those concerns the four Cs — child safety, communities, creators, and censorship.
Regarding communities, Sacks said that AI preemption has little to do with the construction of data centers, which have become a political flashpoint in states around the country due to those centers’ heavy water and energy demands.
“AI preemption would not apply to local infrastructure. That’s a separate issue,” Sacks wrote. “In short, preemption would not force communities to host data centers they don’t want.”
He also said that state laws requiring platforms to protect against online predators and child sexual abuse material would remain in effect, because AI preemption wouldn’t apply to “generally applicable state laws.”
ONE RULEBOOK FOR AI
I wanted to share a few thoughts on AI preemption and address some of the concerns.
First, this is not an “AI amnesty” or “AI moratorium.” It is an attempt to settle a question of jurisdiction.
When an AI model is developed in state A, trained in state B,… pic.twitter.com/tO3yyc0A8M
— David Sacks (@DavidSacks) December 8, 2025
The administration appears to be moving forward with an effort to curtail state power to regulate AI, arguing that forcing companies to comply with competing regulations across 50 states will hamper the US’s competitiveness in the AI race with China.
While it’s unclear exactly what’s in the forthcoming executive order, a draft seen by Business Insider last month would direct the Department of Justice to sue states over “onerous” AI laws.
It comes after multiple attempts to enact AI preemption via Congress, most notably in the “Big Beautiful Bill.” That provision was ultimately struck from the bill before passage due to opposition from several Republicans.
Sacks wrote on X that the administration will “continue to work with Congress to define a federal framework that can be enacted through legislation.” But that hasn’t stopped the pushback from other Republicans.
“Nice framework,” replied Republican Rep. Warren Davidson of Ohio. “This should be a law, not an executive order.”
