McMahon also pushes back on the government’s argument that “there is no real constitutional problem here because any viewpoint-based classification was ChatGPT’s doing, rather than the Government’s:”

There is no distinction to be drawn here between the Government and ChatGPT. ChatGPT was the Government’s chosen instrument for purposes of this project, and DOGE’s use of AI to identify DEI-related material neither excuses presumptively unconstitutional conduct nor gives the Government carte blanche to engage in it.

Honest and sensible reasoning is in such short supply lately that it’s a breath of fresh air when it occasionally shows up in government.

I wish some of that light would shine upon Constitutional law circumvention programs like Five Eyes.