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The Pentagon Asked OpenAI for Artificial Intelligence Designed to Rarely Say No

The U.S. military’s desire for an AI tool with “minimal refusal rates” was revealed through a FOIA lawsuit filed by The Intercept.

The Department of Defense asked OpenAI to provide the U.S. military with a special version of its artificial intelligence technology designed to turn down the Pentagon’s requests as infrequently as possible, according to documents obtained by The Intercept.

The desire for a custom AI tool with “minimal refusal rates” to Pentagon commands was revealed in files released to The Intercept as part of a Freedom of Information Act lawsuit seeking information about the military’s secretive deals with AI companies.

AI Giants Work Hand-in-Hand With the Pentagon, Contracts Reveal

OpenAI, along with rivals Google, xAI, and Anthropic, all agreed in 2025 to develop militarized prototypes of their state-of-the-art AI to assist the armed forces in uses including logistics, intelligence decision-making, and general “warfighting.” Earlier this year, the Pentagon sought to expand the scope of these agreements and deploy them across U.S. classified computer networks, resulting in a high-profile showdown with Anthropic over whether and how the company could restrain military uses of its technology.

The clause seeking “minimal refusal rates” from OpenAI appears in an updated contract — version “P00003” — expanding upon last summer’s prototype deal, worth up to $200 million over the contract’s two-year duration. A separate document, signed by both OpenAI and the government on February 6, indicates that OpenAI agreed on that day to the contents of an expanded version “P00003.”

OpenAI and the Pentagon deny agreeing to such “minimal refusal ” language, claiming that the “P00003” document provided to The Intercept was a draft and not the final version. “OpenAI has never agreed to contract language requiring ‘minimal refusal rates.’ This language does not appear in our executed contract,” said spokesperson Nate Evans.

“The document you received appears to be an earlier draft proposed by the Department before we provided feedback. We rejected that language, the department agreed to remove it, and the final executed agreement does not include it,” Evans said.

Working with Legal Advocates for Safe Science and Technology, The Intercept’s FOIA inquiry specifically sought only final, executed contract documents. The request asked the Pentagon to exclude any draft materials. None of the documents released through the lawsuit is marked as a draft.

When asked to confirm whether the document containing the “minimal refusal rates” clause was in the final agreement, a Department of Justice attorney representing the Pentagon in the lawsuit said it was indeed the signed and executed version of the contract.

Hours later, and following The Intercept’s outreach to OpenAI, however, the Pentagon’s lawyer said to disregard the prior confirmation, stating that the Department of Defense required more time to investigate the matter.

The Intercept was then contacted by Trevor Tiedeman, a special assistant to the under secretary of war for research and engineering,........

© The Intercept