New York City has deployed a rarely used tool against one of the world's most prominent technology companies. On September 28, 2026, City Council Speaker Julie Menin issued a subpoena to SpaceXAI—the company formed from February's merger of SpaceX and xAI—compelling it to send a representative to testify at an AI safety hearing scheduled for October 5.

It marks the first time Menin has exercised the council's subpoena power since becoming speaker, and SpaceXAI earned the distinction by being the only major AI firm that did not respond to the council's invitation.

The hearing that nobody wanted to attend voluntarily

The October 5 hearing is shaping up to be a significant moment in domestic AI governance. All 51 council members are expected to participate, alongside national experts and representatives from the biggest names in artificial intelligence, including Meta CEO Mark Zuckerberg, Google CEO Sundar Pichai, OpenAI CEO Sam Altman, and Anthropic CEO Dario Amodei.

None of the four volunteered eagerly. Each confirmed attendance only after the council set a September 25 response deadline and explicitly threatened that subpoenas would follow for anyone who failed to appear.

SpaceXAI did not respond, and the company's silence left the council with little choice. Under New York City's charter, the council has the authority to compel testimony from individuals and organizations relevant to its legislative investigations. Failure to comply with a subpoena can lead to judicial enforcement and civil contempt sanctions.

What triggered the investigation

The council's inquiry stems from a convergence of troubling developments. Whistleblower warnings about existential risks posed by unchecked AI development have reportedly intensified in recent months. More concretely, there have been incidents involving what the council has described as rogue AI potentially damaging government databases.

The hearing is expected to address both the immediate threats these incidents represent and the broader systemic risks that come with deploying increasingly powerful AI systems without adequate oversight.

The proposed legislation the council plans to discuss at the hearing includes a private right of action against AI companies for foreseeable harms caused by irresponsible or malicious AI use. Additional legislative proposals include a whistleblower incentive program designed to encourage insiders at AI companies to report safety concerns, and requirements for third-party validation of AI technologies before they can be deployed in certain contexts. Taken together, the measures would place oversight levers in the hands of individuals, corporate insiders, and third-party validators rather than relying solely on government regulators.

SpaceXAI's unique position

SpaceXAI was created in February 2026, when Elon Musk merged SpaceX with xAI, the artificial intelligence company he founded in 2023. If the council seeks judicial enforcement and prevails, SpaceXAI could face escalating penalties and civil contempt sanctions.

The other major AI firms made a different calculation. By confirming attendance before the September 25 deadline, Zuckerberg, Pichai, Altman, and Amodei avoided the legal consequences that come with defying the council's formal investigative authority.

With the hearing date set, the immediate question is whether SpaceXAI sends a representative by October 5 or whether the standoff moves into the judicial enforcement process the city charter provides. Once testimony begins, the attending CEOs' responses to the proposed measures will also be aired in a public forum, shaping the early reception of the council's legislative agenda.