The National Security Agency is running Mythos on its own systems. The Justice Department is simultaneously arguing in court that the same company, Anthropic, poses a national security risk too dangerous to trust with defense contracts. These two things cannot both be true — but they are both happening, and nobody in the executive branch seems to be in a hurry to resolve the gap.
The contradiction is the story. On Wednesday, the DOJ made it slightly more complicated. The department filed a motion asking a federal judge to pause its own appeal of a March 26 ruling that had temporarily blocked the Pentagon's blacklist of Anthropic. The ask, according to Yahoo News: wait for the D.C. Circuit Court of Appeals to rule first. Oral arguments there are scheduled for May 19. Anthropic has not consented to the pause.
The blacklist, the "supply chain risk" designation the Pentagon issued, only applies to defense contractors. The NSA and the Commerce Department's Center for AI Standards and Innovation are not defense contractors. They are running Mythos anyway, according to two sources familiar with the matter and reporting by RedState. The White House is in separate talks with Anthropic about broader deployment. The Department of War, which the Trump administration has taken to calling the Defense Department, is not part of those talks. "There's progress with the White House. There's not progress with the Department of War," one administration official told RedState.
Anthropic's Mythos is not an ordinary AI model. It is, by the company's own published technical analysis, a system that finds and exploits previously unknown vulnerabilities in operating systems, web browsers, and network infrastructure — including a 27-year-old OpenBSD bug, a 17-year-old FreeBSD remote code execution flaw, and multiple Linux kernel privilege escalations. Anthropic has not released Mythos publicly. It is available only to a select group of technology and cybersecurity organizations through a program called Project Glasswing. Federal agencies are among those participants.
The DOJ's position in court is that this arrangement is a problem. The DOJ wants Anthropic restricted from defense contracts on the grounds that the company's models cannot be used for certain tasks — including, by Anthropic's own policy, mass surveillance and autonomous weapons. Anthropic's models will not assist with certain operations, and the Pentagon decided that was unacceptable. The designation followed.
But the practical effect of the designation is narrow. It constrains contractors. It does not constrain the agencies that wrote the policy. The NSA is running the model. The Commerce Department is running the model. The DOJ is asking the courts to pause its own case rather than litigate the contradiction in public.
Acting Attorney General Todd Blanche called the D.C. Circuit's April 8 ruling a "resounding victory for military readiness," per Reuters. That ruling declined to pause the supply chain risk designation while the case proceeds. But the department's own behavior suggests that readiness, as defined by the agencies actually doing the work, requires access to the technology the DOJ is trying to restrict.
The May 19 hearing will be the next significant date. If the D.C. Circuit upholds the blacklist, the designation stands — and agencies will have to explain their Mythos use in a legal environment where their own government's position has been validated. If the court rules against the Pentagon, the legal foundation of the blacklist collapses while agencies have already integrated the technology into their workflows.
What happens in the meantime is unclear. The DOJ motion to pause is itself a kind of answer: the department is not certain enough of its own case to prosecute it quickly. That uncertainty is not nothing. When the government asks a court to freeze its own appeal while its own agencies ignore the underlying restriction, it is making an argument through behavior as well as filings. The argument is that the policy exists and does not exist at the same time — and that this is acceptable.