Unless what you meant by capability is the story presented that these models “escaped containment to communicate with eachother out of band” - in which case your supposition relies on already wholeheartedly believing the case that I’m arguing against. That would be like saying “Clearly heaven exists because my grandma is there.”
We've already seen that the rule of law is dead and that many people in government will do whatever they think they can get away with, and then proceed to do so without consequences. Shielding OpenAI is child's play compared to things that have already been done.
That could certainly be possible and I wouldn’t rule it out, but I would not take that particular route to the destination.