* Trump bans federal use of Anthropic's AI tool Claude
* Legal scholars question U.S. government's authority to
require the same of military contractors
* Lockheed Martin ( LMT ) to comply
By Mike Stone, Alexandra Alper and Courtney Rozen
WASHINGTON, March 3 (Reuters) - U.S. defense
contractors, like Lockheed Martin ( LMT ), are expected to
follow the Pentagon's order to purge Anthropic's prized AI tools
from their supply chains, government contracting and technology
attorneys said, even though the Trump administration's ban on
their use may fail in court.
The expected exodus from Anthropic was a sign of how quickly
firms adjust to the Trump administration's preferences, as they
seek to win pieces of its trillion-dollar annual budget,
government attorneys said.
Last Friday, capping off a heated weeks-long dispute with
Anthropic over technology guardrails on Claude tools used by the
military, President Donald Trump announced a federal agency-wide
ban on the company with a six-month phase out period.
Defense Secretary Pete Hegseth went further, promising to
designate Anthropic as a supply chain risk to national security
and posting: "Effective immediately, no contractor, supplier or
partner that does business with the United States military may
conduct any commercial activity" with the company.
Anthropic said it would challenge the ban in court.
The move raised immediate legal questions, since none of the
authorities that the Trump administration could use to ban
Anthropic allow it to also bar its general use by defense
contractors, according to lawyers who specialize in technology
and contracting laws.
But the shaky legal basis for the prohibition won't stop
companies that depend on the Pentagon from complying with it,
the attorneys said, as Lockheed Martin ( LMT ) has pledged to do.
"We will follow the president's and the Department of War's
direction," Lockheed Martin ( LMT ) said in a statement, referring to
the Department of Defense when asked about its Anthropic use
following the moves by the Trump administration. "We expect
minimal impacts," the company said, adding that it doesn't
depend on any single AI vendor "for any portion of our work."
With huge government contracts at stake, defense contractors
would be quick to comply with the Pentagon's ban, lawyers said.
"Most companies that do significant business with the
government are hyper-aware of what the U.S. government wants and
they're likely already taking steps to cleanse their supply
chains of Anthropic," said Franklin Turner, an attorney who
specializes in government contracts.
"Regardless of the legal justification, I think the threat
is the point ... it has already done harm, significant harm to
the company," he added, referring to Anthropic.
When asked whether they would comply with Trump's order on
Anthropic, General Dynamics ( GD ), Raytheon parent RTX,
and L3Harris ( LHX ) declined to comment.
The Defense Department did not immediately respond to a
request for comment. Anthropic declined to comment but referred
Reuters to its Friday statement, in which it asserted that the
Pentagon does not have the statutory authority to bar its
contractors from using Claude.
QUICK TO FOLLOW ADMINISTRATION BANS
Defense contractors have complied in the past year with Trump's
other directives regarding their agreements with the government,
according to the news outlet Breaking Defense.
According to the site, they speedily removed references to
Diversity, Equity and Inclusion initiatives last year after
President Trump signed an executive order mandating all agencies
include language in contracts and grant awards requiring any
winner to "certify that it does not operate any programs
promoting DEI that violate any applicable federal
anti-discrimination laws."
Under the authority that the Defense Department is most likely
to use, known as the DOD Supply Chain Risk Authority, the agency
could bar would-be contractors from using Anthropic in their
work for the government, government contracting attorneys said.
However, it would not have the power to ban them from using it
in their business entirely.
Jason Workmaster, a contract lawyer at Miller Chevalier,
described the decision to bar Pentagon contractors from using
Anthropic as a "highly aggressive position."
"If and when challenged, there would be a high likelihood
that DOD would be found not to have the authority to do this,
unless there are facts that we do not know about," he said.
It is not even clear if the U.S. military has the authority to
designate Anthropic as a supply chain risk to bar its own use of
the technology.
The Supply Chain Risk Authority has specific requirements
for what constitutes a supply chain risk, such as the threat
that an adversary may sabotage, introduce unwanted capabilities,
or otherwise "subvert" the technology in order to "surveil, deny
or disrupt" its use.
Meanwhile the Federal Acquisition Supply Chain Security Act
(FASCSA), which creates a similar authority, requires the agency
to follow several steps prior to a ban, such as giving the
business the opportunity to respond and notifying Congress,
among others.
The U.S. government so far hasn't shown publicly that it
satisfied the requirements, said Alan Rozenshtein, a University
of Minnesota law professor who specializes in technology
regulation.
"Capitalism and free markets rely on the rule of law," he
said. "This is the opposite of that."
The Trump administration used FASCSA last year to bar
intelligence agencies from buying products from Acronis AG, a
Swiss cybersecurity and data protection company.