President Donald Trump and his administration have developed a secret strategy to counter any legislative actions from a Democratic-controlled Congress, should the party win control in the upcoming midterm elections. Senior White House officials, including Stephen Miller, budget director Russell Vought, and White House Counsel Will Scharf, have been identifying executive actions that could be implemented without congressional approval. These proposed orders are expected to address areas such as immigration, federal spending, tariffs, and housing policy, according to three anonymous officials who spoke with Reuters.
Scharf, the president's White House attorney, is reportedly examining the scope of Trump's executive authority and how to defend potential decisions in court. The midterm elections on Tuesday will determine the balance of power in Washington and could shift control of Congress from Republicans to Democrats. Currently, Democrats need to gain four seats in the House and one in the Senate to secure a majority in both chambers.
Prediction market data suggests a high probability of Democrats taking the House, with a significant chance of also winning the Senate, though some Senate races remain too close to call. Trump has previously utilized executive orders extensively, issuing 292 during his presidency, the highest number since Franklin D. Roosevelt. He has previously tested the limits of his authority, for instance, with tariff policies that were later questioned by the Supreme Court.
If Democrats win control, legislation reaching the president's desk would largely be crafted by liberal lawmakers. Trump has indicated a potential strategy of widespread vetoes, stating to the New York Post, "I guess I'll become Mr. Veto... And then at some point, we'll probably make deals." The president has been briefed on these contingency plans and participated in discussions regarding them, with sources indicating he is comfortable with the prospect of governing alongside a Democratic Congress.
Federal agencies have already submitted proposals for actions that could be taken unilaterally. Vought, as director of the Office of Management and Budget, has been involved in plans to examine how to allocate already approved funds, potentially granting the White House more control over government programs without direct congressional oversight. A White House spokeswoman stated that the administration and 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."