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Lawyers for Anthropic and the Department of Justice appeared before US District Judge Rita Lin in San Francisco on Tuesday to argue Anthropic’s request for an injunction against the Department of Defense’s supply-chain-risk designation.
Rita Lin, US District Judge
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"The US Department of Defense appears to be illegally punishing Anthropic for trying to restrict the use of its AI tools by the military," US District Judge Rita Lin said during the hearing.
Rita Lin, US District Judge
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"It looks like an attempt to cripple Anthropic," US District Judge Rita Lin said of the Pentagon designating the company a supply-chain risk.
Rita Lin, US District Judge
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"It looks like [the department] is punishing Anthropic for trying to bring public scrutiny to this contract dispute, which of course would be a violation of the First Amendment," US District Judge Rita Lin said.
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Anthropic has filed two federal lawsuits alleging that the Trump administration’s decision to designate the company a security risk amounted to illegal retaliation.
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The government applied a supply-chain-risk designation to Anthropic after the company pushed for limitations on how its AI could be used by the military.
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Anthropic is seeking a temporary injunction to pause the Department of Defense’s supply-chain-risk designation.
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Judge Lin can issue a pause only if she determines that Anthropic is likely to win the overall case.
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Judge Lin’s ruling on the preliminary injunction is expected in the next few days.
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The Department of Defense argued that it followed procedures and determined Anthropic’s AI tools could no longer be relied upon to operate as expected during critical moments.
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The Department of Defense asked Judge Lin not to second-guess its national security assessment regarding Anthropic.
Eric Hamilton, Trump administration attorney
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"The worry is that Anthropic, instead of merely raising concerns and pushing back, will say we have a problem with what DoW is doing and will manipulate the software … so it doesn’t operate in the way DoW expects and wants it to," Trump administration attorney Eric Hamilton said during the hearing.
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US District Judge Rita Lin said that determining whether Anthropic is an appropriate vendor for the Department of Defense is the role of Defense Secretary Pete Hegseth.
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US District Judge Rita Lin said it is up to her to determine whether Secretary Pete Hegseth violated the law by taking steps beyond canceling Anthropic’s government contracts.
Rita Lin, US District Judge
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"It is troubling that the security designation and directives limiting use of Anthropic’s AI tool Claude by government contractors don’t seem to be tailored to stated national security concerns," US District Judge Rita Lin said.
Pete Hegseth, Defense Secretary
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"Effective immediately, no contractor, supplier, or partner that does business with the United States military may conduct any commercial activity with Anthropic," Defense Secretary Pete Hegseth posted on X.
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Eric Hamilton acknowledged that Defense Secretary Pete Hegseth has no legal authority to bar military contractors from using Anthropic for work unrelated to the Department of Defense.
Eric Hamilton, Trump administration attorney
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"I don’t know," Trump administration attorney Eric Hamilton said when asked why Secretary Pete Hegseth posted the directive.
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US District Judge Rita Lin described the supply-chain-risk designation as a powerful authority typically reserved for foreign adversaries, terrorists, and other hostile actors.
Michael Mongan, WilmerHale attorney
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"It was extraordinary for the government to go after a 'stubborn' negotiating partner with the designation," said Michael Mongan, a WilmerHale attorney representing Anthropic.
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The Department of Defense said it is working to replace Anthropic technologies over the coming months with alternatives from Google, OpenAI, and xAI.
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The Department of Defense said it has put measures in place to prevent Anthropic from engaging in any tampering during the transition to alternative technologies.
Eric Hamilton, Trump administration attorney
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Trump administration attorney Eric Hamilton said he did not know if it is possible for Anthropic to update its AI models without permission from the Department of Defense.
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Anthropic says it is not possible for the company to update its AI models without permission from the Department of Defense.
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A ruling in the federal appeals court in Washington, D.C., is expected soon without a hearing.
Rita Lin, US District Judge
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US District Judge Rita Lin granted Anthropic’s request for a temporary injunction and stayed the Department of Defense’s punitive measures for one week.
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US District Judge Rita Lin wrote that the government’s designation of Anthropic as a supply-chain risk is likely unlawful and arbitrary and capricious.
Rita Lin, US District Judge
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"The Department of War provides no legitimate basis to infer from Anthropic’s forthright insistence on usage restrictions that it might become a saboteur," US District Judge Rita Lin wrote.
Rita Lin, US District Judge
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"This appears to be classic First Amendment retaliation," US District Judge Rita Lin said.
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The temporary injunction means that Anthropic’s AI tools, including Claude, will continue to be used by government agencies and by outside companies working with the military until the lawsuit is resolved.
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Anthropic sued the Department of Defense and several other agencies earlier this month after President Donald Trump publicly criticized the company and Secretary Pete Hegseth designated it a supply-chain risk.
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A supply-chain-risk designation indicates that a tool or service is not secure enough for government use and is historically reserved for companies based in adversarial countries.
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Anthropic said its business had been impacted by the government’s actions and its freedom of speech rights had been violated.
Anthropic
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"These actions are unprecedented and unlawful. The constitution does not allow the government to wield its enormous power to punish a company for its protected speech," Anthropic stated in its complaint.
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US District Judge Rita Lin noted that President Donald Trump and Secretary Pete Hegseth described Anthropic as 'woke' and referred to the company as composed of 'left-wing nut jobs' rather than citing security concerns.
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US District Judge Rita Lin wrote that if the matter were merely a contracting impasse, the Department of War could have simply stopped using Claude.
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US District Judge Rita Lin wrote that the government’s challenged actions far exceeded the scope of what could reasonably address a national security interest.
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Anthropic had been negotiating with the Department of Defense for months prior to filing its lawsuit over new demands related to a planned expansion of its $200 million contract.
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The Department of Defense sought contract language allowing it to use Anthropic’s tools for "any lawful use."
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Anthropic and its CEO Dario Amodei were concerned that an "any lawful use" clause could permit mass surveillance of Americans and fully autonomous weapons.
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In February, Defense Secretary Pete Hegseth issued a deadline for Anthropic to accept the new contract terms, and Anthropic declined.
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