If they wanted to officially take the weights the DPA would work and Dario could do nothing. If they wanted to do it in clandestine manner no one could stop them and no one would know. It's very likely they already have all the weights from all the frontier models. I mean all the frontier models are capable of being served from AWS Bedrock so the weights aren't exactly locked in some air-gapped vault.
It would be easy to make a national security justification to take the weights in a clandestine manner especially because Anthropic supposedly got caught giving China access to the model through a cutout.
Pretty sure even under DPA, taking without fair compensation would be a violation of the takings clause of 5th Amendment and wouldn't withstand legal scrutiny. If they wanted to get them clandestinely, yeah, they'd likely get away with it, but it is stealing.
It would be easy to make a national security justification to take the weights in a clandestine manner especially because Anthropic supposedly got caught giving China access to the model through a cutout.