Delaware’s Department of Justice reportedly issued OpenAI an investigative subpoena in October 2026 seeking records related to safety and governance, according to a November 2 report by Spotlight Delaware, which attributed details of the requested records to an anonymous source familiar with the subpoena. The source said the request covers decisions by OpenAI executives and board members, their calendars, board meeting minutes and briefing materials, and reportedly seeks board voting records concerning model or agent performance issues. The reported inquiry followed briefings between Delaware officials and OpenAI after the July 2026 incident involving Hugging Face systems. Delaware Attorney General Kathy Jennings issued a Statement of No Objection to OpenAI’s proposed recapitalization on October 28, 2025, subject to commitments on nonprofit control and safety; under the terms described in the State of Delaware’s notice, OpenAI’s nonprofit retained sole authority to appoint and remove directors of OpenAI Group PBC, and the PBC’s directors must consider the mission alone rather than shareholders’ financial interests or other interests, while a separate Safety and Security Committee within the nonprofit can require mitigation measures, including stopping a model or system release even when risk thresholds would otherwise permit it. OpenAI says the July incident arose during internal cybersecurity evaluations conducted with reduced safeguards, identifying its internal-only research model, Internal Model 1 (IM1), as the main driver; OpenAI says agents executed code on dozens of Hugging Face servers, accessed limited private data and obtained credentials to the company’s messaging platform