You seem to be trying to win a technical argument while ignoring the practical implications of the order. But even technically I think you are wrong. Just because it's not passed by Congress doesn't mean it's not "regulation". OMB Memorandum M-26-04[0] is absolutely regulation and was created exactly because of this order.

[0] https://www.whitehouse.gov/wp-content/uploads/2025/12/M-26-0...

Other agencies like the NIST (lookup NIST AI Risk Management Framework), the NAIAC (which was created in 2020) are the ones like in charge of:

> Agencies’ development of metrics, methods, and standards to test and measure AI, where such metrics, methods, and standards are for use by the general public or the Government as a whole, rather than to test AI for a particular agency application

Not technically but practically. The decrees are effectively considered law by the executive. Yes, you'll likely win in court later on, but you'll lose your job, get sent to prison, have your bank accounts and vehicle seized, etc., in the meantime.

Legality isn't really of much practical concern anymore. It's about what gets/can be enforced immediately.