CFIUS

TO: Senate Armed Services Committee; House Committee on Financial Services; National Security Council Staff FROM: Sven-Erik Nyberg (Strategic Infrastructure Analysis Group) DATE: February 23, 2026 SUBJECT: Foreign Sovereign Investment in Sole-Sourced Defense Constellations — CFIUS Gaps, Vendor Lock-In, and the Pre-IPO Window I. Executive Summary The events of February 16–22, 2026, have exposed a structural vulnerability in the frameworks governing foreign investment in defense-critical infrastructure operators. While legacy legal mechanisms have engaged successfully with individual actors (e.g., the U.K. arrest of Andrew Mountbatten-Windsor for misconduct in public office), no equivalent mechanism has visibly engaged with the conversion of $3 billion in Saudi sovereign capital into equity in the entity that sole-sources the Pentagon’s primary military satellite communications constellation (MILNET) and hosts AI models on classified networks (GenAI.mil at Impact Level 5). ...

On asymmetric accountability, the infrastructure threshold, and the seventy-two hours that revealed the architecture beneath. The argument in brief: In the week of February 16–22, 2026, two events stripped away the ambient noise of the Epstein scandal and the tech-merger news cycle and revealed a structural bifurcation beneath. One — the arrest of Andrew Mountbatten-Windsor — demonstrated that the legacy accountability system still functions when a figure’s institutional utility drops to zero. The other — Saudi Arabia’s Humain converting a $3 billion investment into equity in the entity that operates the Pentagon’s satellite network — demonstrated that no equivalent mechanism exists for actors whose enterprises have become the state’s own infrastructure. These events were not coordinated. They do not need to be. Placed side by side, they constitute a diagnostic: the same legal and political system that can still reach a disgraced prince has no demonstrated capacity to review — let alone constrain — the capital structure of the constellation that carries its military communications. ...