President Donald Trump’s White House has spent months preparing for the possibility that Democrats will take control of Congress in Tuesday’s midterm elections, including plans to advance parts of his agenda through executive action, according to a White House official and two people familiar with the planning.
The work has focused on areas including immigration, tariffs, housing costs and federal spending. Deputy Chief of Staff Stephen Miller, budget Director Russell Vought and lawyers in the White House Counsel’s Office have been involved since April, the people said. They spoke on the condition of anonymity because they were not authorized to discuss the internal preparations publicly.
Planning for a divided government
White House Counsel Will Scharf and his team have been examining which actions Trump could take without congressional approval, as well as the legal arguments the administration could use to defend those actions in court, a White House official said. The planning includes assessing the limits of presidential authority and possible legal challenges.
“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,” the White House official said.
A Democratic takeover would give the party control of congressional committees and the ability to conduct investigations of the Trump administration. It also could prevent the president from advancing legislation and restrict his spending priorities through the legislative process. At the same time, Trump would retain executive authority over areas such as trade, foreign policy and the federal bureaucracy, powers that his administration has already used during his second term.
The election would determine whether Republicans keep their current majorities. The House is divided 218-214 in favor of Republicans, while the Senate stands at 53-47. Reuters reported that Democrats need a net gain of four seats in both chambers to overturn the Republican majorities. Opinion polls have favored Democrats in the House contest, while the Senate race has remained close, according to the report.
Trump describes a possible veto strategy
Trump has campaigned across the country to support Republican candidates and preserve his party’s control of Congress. At the same time, administration officials have prepared for a different political arrangement in 2027, when Democrats could control the legislative branch and begin investigations into the administration.
Trump said he expected to use his veto power before reaching agreements with Democrats if Republicans lost control of Congress.
“I guess I’ll become Mr. Veto,” Trump told the New York Post’s Pod Force One podcast in an interview excerpt released Sunday. “And then at some point, we’ll probably make deals.”
- Immigration and tariffs: White House officials are reviewing executive actions in both policy areas.
- Housing and spending: The planning also covers housing costs and federal spending.
- Legal challenges: White House lawyers are studying the limits of presidential authority and how to defend actions in court.
The midterm elections will be held Tuesday, Nov. 3. The outcome will determine which party controls the House and Senate while the president remains in office for the rest of his term.
