Trump prepares to continue executive agenda if he loses Congress

Eyes are turning to the American ballot boxes on Tuesday, as the midterm congressional elections could have repercussions that extend beyond the balance of power in Washington. Concerns are mounting over attempts by President Donald Trump and his allies to influence the electoral process through a series of judicial, security, and administrative measures that could disrupt vote counting or delay the certification of results, particularly in states with close races, potentially leading to maneuvers within Congress when it convenes on January 3 next year.

In this context, a White House official and two sources said that Trump’s aides have spent months preparing for the possibility that Democrats could take control of Congress, developing plans to continue implementing key parts of his agenda through the executive branch while preparing for scrutiny of his administration.

The three sources, who requested anonymity, stated that senior officials, such as Chief of Staff Stephen Miller and Budget Director Russell Vought, have been working with the White House Counsel’s office since last April to identify executive actions related to immigration, tariffs, housing costs, and federal spending that Trump could take without congressional approval.

The official added that White House Counsel Will Sharf and his team are also exploring “what Trump can legally do on his own, where he can reach the outer limits of his authority, and how to defend those decisions in court.”

These plans highlight a notable political paradox: Control of Congress would give Democrats the ability to launch investigations into Trump, block legislation, and constrain his spending priorities. At the same time, the president would retain broad executive powers over trade, foreign policy, and the management of federal agencies—powers he has already used extensively during his second term.

Democrats need to gain four seats in both the House of Representatives and the Senate to overturn the Republicans’ narrow majorities (218-214 and 53-47, respectively).

Over the past month, Trump has held campaign rallies across the country in an effort to keep the majority in Republican hands, even as his aides secretly prepare for a completely different political landscape in 2027.

Spokesperson Lauren Bess said, “This administration and sensible Republicans will continue to secure our borders, restore law and order, return more money to the pockets of hardworking Americans, and achieve gains for the American people.”

The official noted that among the executive actions under consideration are imposing new tariffs on imports of critical minerals and wind turbines, implementing stricter rules on visas for international students and temporary foreign workers, and measures aimed at reducing housing and construction costs.

One source familiar with the plans said that federal agencies have submitted proposals and legal reviews regarding actions the administration could take unilaterally.

Another source reported that Vought, whose Office of Management and Budget oversees federal spending, is reviewing priorities that could be advanced using funds already appropriated by Congress.

They said he also wants to change the rules for federal grants to give appointed political officials greater authority in determining which government programs receive taxpayer money, potentially giving the White House more influence over federal spending without needing congressional approval.

The White House official added that Trump has reviewed the preparations and participated in discussions about them.

When asked by one source how comfortable the president felt governing through the executive branch amid a Democratic-controlled Congress, he replied, “Very comfortable.”

Trump has already explored the limits of his presidential authority since returning to office in January 2025, using the executive branch to impose broad tariffs, intensify immigration enforcement, reduce the federal workforce, and advance his foreign policy goals—including the war against Iran—without congressional approval or new legislation.

The main exception was the massive package of tax cuts and spending approved by a Republican-majority Congress and signed into law by the Republican president in July 2025.

Trump routinely exploits national emergencies to expand his decision-making powers without the need for new legislation. While Congress can vote to end these emergencies, the president holds veto power, which typically requires a two-thirds majority in both chambers to override.

A Democratic majority in the Senate would enable Democrats to block Trump’s nominees for judicial and executive branch positions, including any Supreme Court nominees.

Andrew Bush, a public policy professor at the University of Tennessee, Knoxville, and author of a book on the history of midterm elections, said, “I expect they will be extremely reluctant to approve any of the president’s appointments.”

Democrats can also refuse to pass legislation supported by Trump. However, he may veto Democratic bills he dislikes, and it is unlikely Democrats would have enough votes in the House of Representatives to override such vetoes.

Courts can block executive orders that exceed Trump’s legal authority. One source said the White House intends to seek legal opinions from the Department of Justice to determine what Trump can do without congressional approval and how to defend those actions if challenged in court.

However, there is one challenge that cannot be circumvented through executive action: congressional investigations.

Reuters previously reported that prominent Democratic members of the House of Representatives and committee staff were exploring hearings, subpoenas, and document requests to investigate whether Trump had used his presidential authority for his own benefit or that of his allies or donors.

One source said White House lawyers are advising politically appointed officials and agency heads on how to handle congressional inquiries, document requests, and subpoenas, and have urged officials to exercise caution in what they document in writing.

The source added that they also sought a legal opinion from the Department of Justice allowing Trump to invoke executive privilege to shield communications with special counsel from congressional scrutiny.