Trump’s Historic Kowtow to Special Interests: Why Trump’s AI Executive Order Is a Threat to Musicians, States, and Democracy

There’s a new dance in Washington—it’s called the KowTow

Most musicians don’t spend their days thinking about executive orders. But if you care about your rights, your recordings, your royalties, or your community, or even the environment, you need to understand the Trump Administration’s new executive order on artificial intelligence. The order—presented as “Ensuring a National Policy Framework for AI”—is not a national standard at all. It is a blueprint for stripping states of their power, protecting Big Tech from accountability, and centralizing AI authority in the hands of unelected political operatives and venture capitalists. In other words, it’s business as usual for the special interests led by an unelected bureaucrat, Silicon Valley Viceroy and billionaire investor David Sacks who the New York Times recently called out as a walking conflict of interest.

You’ll Hear “National AI Standard.” That’s Fake News. IT’s Silicon valley’s wild west

Supporters of the EO claim Trump is “setting a national framework for AI.” Read it yourself. You won’t find a single policy on:
– AI systems stealing copyrights (already proven in court against Anthropic and Meta)
– AI systems inducing self-harm in children
– Whether Google can build a water‑burning data center or nuclear plant next to your neighborhood 

None of that is addressed. Instead, the EO orders the federal government to sue and bully states like Florida and Texas that pass AI safety laws and threatens to cut off broadband funding unless states abandon their democratically enacted protections. They will call this “preemption” which is when federal law overrides conflicting state laws. When Congress (or sometimes a federal agency) occupies a policy area, states lose the ability to enforce different or stricter rules. There is no federal legislation (EOs don’t count), so there can be no “preemption.”

Who Really Wrote This? The Sacks–Thierer Pipeline

This EO reads like it was drafted directly from the talking points of David Sacks and Adam Thierer, the two loudest voices insisting that states must be prohibited from regulating AI.  It sounds that way because it was—Trump himself gave all the credit to David Sacks in his signing ceremony.

– Adam Thierer works at Google’s R Street Institute and pushes “permissionless innovation,” meaning companies should be allowed to harm the public before regulation is allowed. 
– David Sacks is a billionaire Silicon Valley investor from South Africa with hundreds of AI and crypto investments, documented by The New York Times, and stands to profit from deregulation.

Worse, the EO lards itself with references to federal agencies coordinating with the “Special Advisor for AI and Crypto,” who is—yes—David Sacks. That means DOJ, Commerce, Homeland Security, and multiple federal bodies are effectively instructed to route their AI enforcement posture through a private‑sector financier.

The Trump AI Czar—VICEROY Without Senate Confirmation

Sacks is exactly what we have been warning about for months: the unelected Trump AI Czar

He is not Senate‑confirmed. 
He is not subject to conflict‑of‑interest vetting. 
He is a billionaire “special government employee” with vast personal financial stakes in the outcome of AI deregulation. 

Under the Constitution, you cannot assign significant executive authority to someone who never faced Senate scrutiny. Yet the EO repeatedly implies exactly that.

Even Trump’s MOST LOYAL MAGA Allies Know This Is Wrong

Trump signed the order in a closed ceremony with sycophants and tech investors—not musicians, not unions, not parents, not safety experts, not even one Red State governor.

Even political allies and activists like Mike Davis and Steve Bannon blasted the EO for gutting state powers and centralizing authority in Washington while failing to protect creators. When Bannon and Davis are warning you the order goes too far, that tells you everything you need to know. Well, almost everything.

And Then There’s Ted Cruz

On top of everything else, the one state official in the room was U.S. Senator Ted Cruz of Texas, a state that has led on AI protections for consumers. Cruz sold out Texas musicians while gutting the Constitution—knowing full well exactly what he was doing as a former Supreme Court clerk.

Why It Matters for Musicians

AI isn’t some abstract “tech issue.” It’s about who controls your work, your rights, your economic future. Right now:

– AI systems train on our recordings without consent or compensation. 
– Major tech companies use federal power to avoid accountability. 
– The EO protects Silicon Valley elites, not artists, fans or consumers. 

This EO doesn’t protect your music, your rights, or your community. It preempts local protections and hands Big Tech a federal shield.

It’s Not a National Standard — It’s a Power Grab

What’s happening isn’t leadership. It’s *regulatory capture dressed as patriotism*. If musicians, unions, state legislators, and everyday Americans don’t push back, this EO will become a legal weapon used to silence state protections and entrench unaccountable AI power.

What David Sacks and his band of thieves is teaching the world is that he learned from Dot Bomb 1.0—the first time around, they didn’t steal enough. If you’re going to steal, steal all of it. Then the government will protect you.


Senator Cruz Joins the States on AI Safe Harbor Collapse— And the Moratorium Quietly Slinks Away

Silicon Valley Loses Bigly

In a symbolic vote that spoke volumes, the U.S. Senate decisively voted 99–1 to strike the toxic AI safe harbor moratorium from the vote-a-rama for the One Big Beautiful Bill Act (HR 1) according to the AP. Senator Ted Cruz, who had previously actively supported the measure, actually joined the bipartisan chorus in stripping it — an acknowledgment that the proposal had become politically radioactive.

To recap, the AI moratorium would have barred states from regulating artificial intelligence for up to 10 years, tying access to broadband and infrastructure funds to compliance. It triggered an immediate backlash: Republican governors, state attorneys general, parents’ groups, civil liberties organizations, and even independent artists condemned it as a blatant handout to Big Tech with yet another rent-seeking safe harbor.

Marsha Blackburn and Maria Cantwell to the Rescue

Credit where it’s due: Senator Marsha Blackburn (R–TN) was the linchpin in the Senate, working across the aisle with Sen. Maria Cantwell to introduce the amendment that finally killed the provision. Blackburn’s credibility with conservative and tech-wary voters gave other Republicans room to move — and once the tide turned, it became a rout. Her leadership was key to sending the signal to her Republican colleagues–including Senator Cruz–that this wasn’t a hill to die on.

Top Cover from President Trump?

But stripping the moratorium wasn’t just a Senate rebellion. This kind of reversal in must-pass, triple whip legislation doesn’t happen without top cover from the White House, and in all likelihood, Donald Trump himself. The provision was never a “last stand” issue in the art of the deal. Trump can plausibly say he gave industry players like Masayoshi Son, Meta, and Google a shot, but the resistance from the states made it politically untenable. It was frankly a poorly handled provision from the start, and there’s little evidence Trump was ever personally invested in it. He certainly didn’t make any public statements about it at all, which is why I always felt it was such an improbable deal point that it was always intended as a bargaining chip whether the staff knew it or not.

One thing is for damn sure–it ain’t coming back in the House which is another way you know you can stick a fork in it despite the churlish shillery types who are sulking off the pitch.

One final note on the process: it’s unfortunate that the Senate Parliamentarian made such a questionable call when she let the AI moratorium survive the Byrd Bath, despite it being so obviously not germane to reconciliation. The provision never should have made it this far in the first place — but oh well. Fortunately, the Senate stepped in and did what the process should have done from the outset.

Now what?

It ain’t over til it’s over. The battle with Silicon Valley may be over on this issue today, but that’s not to say the war is over. The AI moratorium may reappear, reshaped and rebranded, in future bills. But its defeat in the Senate is important. It proves that state-level resistance can still shape federal tech policy, even when it’s buried in omnibus legislation and wrapped in national security rhetoric.

Cruz’s shift wasn’t a betrayal of party leadership — it was a recognition that even in Washington, federalism still matters. And this time, the states — and our champion Marsha — held the line. 

Brava, madam. Well played.

This post first appeared on MusicTechPolicy