Two days before the midterm elections, a new report reveals that President Donald Trump’s White House has spent months quietly preparing for a scenario it publicly insists won’t happen: Democrats taking control of Congress.
According to Reuters, which spoke with a White House official and two people familiar with the plans, senior aides have been mapping out ways for Trump to keep pushing major parts of his agenda through executive power alone, while also bracing for the congressional investigations a Democratic majority could bring.
Miller and Vought at the center
Deputy chief of staff Stephen Miller and budget director Russell Vought have been working with the White House Counsel’s Office since April to identify executive actions on immigration, tariffs, housing costs and federal spending that Trump could take without congressional approval, the three sources told Reuters.
White House counsel Will Scharf and his team are reportedly looking at “what Trump can legally do on his own, where he could push the limits of his authority and how to defend those decisions in court,” according to the White House official.
Among the actions under consideration, per the official: new tariffs on imports of critical minerals and wind turbines, tighter visa rules for international students and temporary foreign workers, and measures aimed at lowering housing and construction costs. Federal agencies have already submitted proposals and legal reviews of steps the administration could take unilaterally, one source said.
Control over the purse strings
Vought, whose Office of Management and Budget oversees federal spending, is examining which priorities can move forward using money Congress has already appropriated, two of the sources said. He also wants to change federal grant rules to give political appointees more say over which government programs receive taxpayer money, potentially giving the White House more influence over spending without going to Congress.
Trump has been briefed on the preparations and has taken part in discussions about them, the White House official said. Asked how comfortable Trump would be governing through executive authority under a Democratic Congress, one of the sources answered: “very comfortable.”
Bracing for subpoenas
One thing executive action can’t sidestep is oversight. Senior House Democrats and committee aides have discussed using hearings, subpoenas and document requests to examine whether Trump has used presidential power to benefit himself, his allies or donors, Reuters has previously reported.
White House lawyers have been briefing political appointees and agency leaders on how to handle congressional inquiries, document requests and subpoenas, and have advised officials to be careful about what they put in writing, one source said. They also sought a Justice Department opinion that could allow Trump to invoke executive privilege to shield his communications with private advisers from congressional scrutiny.
What’s at stake Tuesday
Democrats need a net gain of four seats to flip the House, where Republicans hold a narrow 218-214 majority, and must also gain ground in the Senate, where the GOP holds 53 seats to 47. Polls favor Democrats to win the House, while the Senate remains too close to call.
A Democratic Senate could block Trump’s judicial and executive-branch nominees, including any Supreme Court pick. Democrats could also refuse to pass Trump-backed legislation, although Trump could veto bills he dislikes, and Democrats are unlikely to have the votes to override him. Courts could still strike down executive actions that exceed his legal authority.
“President Trump in the last two years has basically ignored Congress and tried to do as much as possible through executive orders and executive power,” Nathan Gonzales, editor at the nonpartisan Inside Elections, told Reuters. “I think he will only continue if there are Democratic majorities.”
The White House pushed back on the prospect of Republican losses. “This administration and commonsense Republicans will continue to secure our borders, restore law and order, putting more money back into the pockets of hard-working Americans, and deliver wins for the American people,” spokeswoman Lauren Bis said.
Election Day is Tuesday, November 3. Whatever happens, this report makes one thing clear: the fight over who holds power in Washington won’t end when the votes are counted.