DOJ AI Litigation Task Force (Attorney General memorandum of January 9, 2026)

Summary

Attorney General memorandum of January 9, 2026, establishing the AI Litigation Task Force required by Executive Order 14365. Its sole responsibility is to challenge state AI laws inconsistent with the order's policy, on grounds that they unconstitutionally regulate interstate commerce, are preempted by existing federal regulations or are otherwise unlawful. The Attorney General or a designee chairs it and the Associate Attorney General is vice chair, with members from the Deputy and Associate Attorney General's offices, the Solicitor General and the Civil Division. It consults the Special Advisor for AI and Crypto and other White House advisers on state laws that warrant challenge. On April 24, 2026, DOJ (Civil Division and Civil Rights Division) moved to intervene in xAI's suit against Colorado's AI Act on equal-protection grounds; DOJ's release does not mention the Task Force. As of late May 2026 Commerce's evaluation of state AI laws, meant to feed the Task Force, was still incomplete.

Key dates

1. January 9, 2026Takes effect
2. January 9, 2026Issued
3. October 16, 2026Checked against sources
4. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. January 9, 2026 MEMORANDUM FOR ALL DEPARTMENT OF JUSTICE EMPLOYEES

   Supports: Date

   I or my designee will serve as the Chair of the Task Force, and the Associate Attorney General will serve as the Vice Chair.

   Supports: Chair and vice chair

   The Task Force shall challenge such State AI laws "on grounds that such laws unconstitutionally regulate interstate commerce, are preempted by existing Federal regulations, or are otherwise unlawful."

   Supports: Mandate

   the Special Advisor for AI and Crypto, the Assistant to the President for Science and Technology

   Supports: Consultation (role, not a named person)

   Artificial Intelligence Litigation Task Force memorandum Office of the Attorney General, U.S. Department of Justice Primary source

2. The Justice Department moved to intervene in a lawsuit filed by artificial intelligence company xAI, challenging a new Colorado law that prohibits so-called "algorithmic discrimination."

   Supports: April 2026 intervention

   Components Civil Division Civil Rights Division Press Release Number: 26-399

   Supports: Components named (Task Force not mentioned)

   Justice Department Intervenes in xAI lawsuit Challenging Colorado's 'Algorithmic Discrimination' Law U.S. Department of Justice Primary source

3. The Department of Justice (DOJ) stood up that Task Force in January 2026, but key pressure points remain stalled, including Commerce's evaluation, the Federal Trade Commission's (FTC) policy statement on AI and "truthful outputs,"

   Supports: Commerce evaluation still incomplete, May 2026

   How AI Governance Is Being Built in Real Time, and What Comes Next K&L Gates Reporting or analysis