New York City Council (opens in new tab) Speaker Julie Menin on Monday subpoenaed SpaceXAI, the Elon Musk company formed when SpaceX merged with the AI developer xAI, to compel testimony at a full-council hearing on artificial-intelligence risks scheduled for Oct. 5.
The council said SpaceXAI had still not responded to its invitation, and the Washington Examiner (opens in new tab) reported that it was the only one of the five companies that had not responded by the subpoena deadline Monday morning. The other four, Anthropic, OpenAI, Google and Meta, have agreed to send representatives to testify under oath. According to the council, Meta agreed on its own, while the rest committed only after Menin authorized subpoenas and council lawyers warned them one was coming; Google and Anthropic had declined by a Sept. 25 deadline. OpenAI and Google agreed on Sunday, and Anthropic confirmed late Sunday night.
The subpoena, signed by Menin and council attorney Nwamaka Ejebe, requires Musk or another SpaceXAI representative to appear, CNBC (opens in new tab) reported. According to correspondence signed by Menin and Ejebe and quoted by CNBC (opens in new tab), the investigation will assess whether emerging risks to public safety, cybersecurity, economic stability, privacy, consumers and businesses call for immediate local legislation. City & State reported that this is the first time Menin has used the council’s subpoena power.
The Committee of the Whole session, which brings together all 51 council members, will also review a package of AI bills introduced Sept. 25. The council lists a whistleblower reward program, a right for New Yorkers harmed by AI agents to sue, and independent third-party validation among the proposals. The New York Post (opens in new tab) reported that the package would also require a human-operated “kill switch” for AI tools used in the city, with fines of $25,000 per violation.
The council cites Section 29 of the City Charter and Council Rule 7.150 as its authority. If SpaceXAI does not comply, the council says it may ask New York State Supreme Court to enforce the subpoena, and Menin’s team told City & State it could then pursue further relief such as civil contempt sanctions. SpaceXAI did not immediately respond to City & State’s request for comment.
SpaceX merged with xAI in February and went public in June, CNBC (opens in new tab) reported. The combined company faces lawsuits over its Grok image tools, including a consumer-protection suit from the city of Baltimore alleging that it marketed Grok’s image generator as safe, and a proposed class action brought by teenagers. Those claims are allegations made in court filings.