Trump plans to govern without Congress if Democrats take control of the US legislature in Tuesday’s midterm elections, with the White House preparing a series of executive actions to keep advancing the president’s agenda without congressional approval.
Senior officials in President Donald Trump’s administration have reportedly spent months identifying ways to expand the use of presidential authority, particularly in areas including immigration, international trade, housing and federal spending.
The preparations also include strategies for resisting investigations, congressional subpoenas and requests for government documents that could follow a Democratic electoral victory.
According to a report by Reuters, citing a White House official and two people familiar with the discussions, Deputy Chief of Staff Stephen Miller and Budget Director Russell Vought have been working with the White House Counsel’s Office since April.
Their assignment has been to identify policies Trump could implement unilaterally, determine the legal limits of presidential authority and prepare defences against potential court challenges.
The preparations reveal how the administration is approaching the possibility of losing its Republican majorities in Congress while attempting to preserve the president’s influence over federal policy.
White House prepares executive actions across major policy areas
Among the measures being considered are additional tariffs on imports of critical minerals and wind turbines, tighter visa restrictions for international students and temporary foreign workers, and policies intended to reduce housing and construction costs.
The White House official said federal agencies had submitted proposals and legal assessments identifying actions the administration could pursue without obtaining fresh approval from Congress.
White House lawyers, led by Counsel Will Scharf and his team, are also examining the extent of presidential authority and the legal arguments that could protect controversial decisions.
The official explained that the legal team was considering “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 exercise is particularly significant because Democrats could gain control of both chambers of Congress, making it considerably harder for Trump to secure legislative approval for his domestic priorities.
However, the president would retain substantial executive authority over areas such as trade, foreign policy and the federal bureaucracy.
Vought examines alternative ways to control federal spending
Russell Vought, whose Office of Management and Budget oversees federal expenditure, is reportedly examining how the administration could advance its priorities using funds already approved by Congress.
Two people familiar with the discussions said Vought also wanted to revise federal grant regulations to give political appointees greater influence over decisions concerning which government programmes receive taxpayer funding.
Such changes could provide the White House with additional control over federal spending without requiring lawmakers to approve new appropriations.
The proposals illustrate the administration’s interest in using existing legal and administrative powers to maintain its policy direction even if Democrats control congressional committees and legislative proceedings.
Trump has reportedly received briefings about the preparations and participated in discussions concerning the possible approaches.
Asked how comfortable the president would be governing with a Democratic-controlled Congress, one person familiar with the plans described him as “very comfortable.”
Trump says he could become ‘Mr. Veto’
Trump has also publicly acknowledged that a Democratic takeover of Congress could force him to rely more heavily on presidential veto powers.
In an interview excerpt released on Sunday by the New York Post’s Pod Force One podcast, the president suggested that he might initially block legislation before eventually negotiating compromises with Democratic lawmakers.
“I guess I’ll become Mr. Veto,” Trump said.
“And then at some point, we’ll probably make deals.”
His comments indicate that the president expects a possible period of political confrontation if Republicans lose their congressional majorities.
However, he also suggested that disagreements could eventually lead to negotiations between the White House and Democratic lawmakers.
The electoral stakes are substantial because Democrats need a net gain of four seats in the House of Representatives and four in the Senate to overturn the Republicans’ narrow majorities.
Republicans currently hold a 218-214 advantage in the House and a 53-47 majority in the Senate.
Opinion polls favour Democrats to capture the House, although the Senate contest remains too close to call.
For several weeks, Trump has travelled across the country campaigning for Republican candidates and urging voters to preserve his party’s control of Congress.
Despite those public efforts, his aides have privately been preparing for the possibility of a different political arrangement when the new Congress begins in 2027.
The White House has rejected suggestions that Republican losses are inevitable, accusing sections of the media of promoting what it described as a false political narrative.
White House spokeswoman Lauren Bis defended the administration’s record and priorities.
“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,” she said.
Trump’s previous use of executive authority
The preparations are built around an approach Trump has already adopted extensively since returning to the White House in January 2025.
He has used executive powers to introduce sweeping tariffs, intensify immigration enforcement, reduce the federal workforce and pursue foreign-policy objectives without first securing congressional approval or passing new legislation.
His administration has also relied on national emergency declarations to expand the president’s ability to act without obtaining fresh legislative authority.
Although Congress can vote to terminate such emergencies, Trump could veto those resolutions.
Overriding a presidential veto would require two-thirds majorities in both the House and Senate, a threshold that would be difficult for Democrats to reach.
One major exception to Trump’s reliance on executive action was his substantial package of tax and spending cuts, which passed through the Republican-controlled Congress before he signed it into law in July 2025.
Nathan Gonzales, editor at Inside Elections, a nonpartisan political analysis organisation, said Trump’s approach had already demonstrated his preference for exercising presidential 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,” Gonzales said.
“I think he will only continue if there are Democratic majorities.”
His assessment suggests that a Democratic victory could encourage the president to rely even more heavily on executive orders and administrative decisions.
Democratic control could obstruct Trump’s appointments
Although Trump would retain considerable executive authority, a Democratic-controlled Congress could create significant obstacles for his administration.
One of the most important powers available to Democrats in the Senate would be the ability to block presidential nominations.
This could affect appointments to the federal judiciary, executive departments and other important government positions.
The consequences could be particularly significant if a vacancy emerges on the Supreme Court during Trump’s remaining time in office.
Andrew Busch, a public policy professor at the University of Tennessee, Knoxville, and author of a history of midterm elections, expects Democrats to take a tougher position on presidential appointments.
“I would anticipate they will be very reluctant to approve any of the president’s appointments,” Busch said.
Democrats could also refuse to support legislation proposed by the president, preventing the administration from implementing policies that require congressional approval.
However, Trump would retain his veto authority over legislation passed by a Democratic-controlled Congress.
Democrats would also face the challenge of securing the two-thirds majorities required in both chambers to override a presidential veto.
Consequently, even if Democrats win control of Congress, they may struggle to enact major legislative changes without sufficient support from Republicans.
Congressional investigations remain a major threat
One area where the White House cannot simply rely on executive orders or presidential authority to avoid political consequences is congressional oversight.
If Democrats take control of the House, they would gain the ability to launch investigations, organise public hearings, issue subpoenas and demand government documents.
Reuters had previously reported that senior House Democrats and committee aides had discussed investigating whether Trump used presidential authority to benefit himself, his political allies or donors.
Those investigations could examine decisions made by the administration, the use of federal resources and possible conflicts involving the president’s political and personal interests.
The prospect has reportedly prompted White House lawyers to prepare political appointees and agency leaders for congressional inquiries.
According to one person familiar with the preparations, lawyers have been briefing officials on how to respond to subpoenas, document requests and other demands from congressional committees.
Officials have also reportedly been advised to exercise caution over what they put in writing.
White House considers executive privilege protections
Another strategy under consideration involves seeking legal protection for communications between Trump and private advisers.
One person familiar with the discussions said the administration had sought a Justice Department opinion that could allow the president to invoke executive privilege to shield certain communications from congressional scrutiny.
Executive privilege is a legal doctrine presidents can invoke to protect some confidential communications involving the executive branch.
However, its application can be contested, particularly when congressional investigators seek information as part of their constitutional oversight responsibilities.
The administration’s legal preparations therefore appear designed not only to identify actions Trump can take without Congress but also to determine how far presidential confidentiality protections could extend.
A Democratic-controlled House could still pursue investigations even if the White House disputes the legitimacy or scope of particular demands.
The coming midterm elections could consequently determine whether Trump faces a more cooperative Congress or two years of intensified political confrontation.
A possible new phase of Trump’s presidency
The White House preparations demonstrate that the administration is already considering how to operate under divided government.
A Democratic victory would give opposition lawmakers greater influence over legislation, federal investigations, spending oversight and presidential appointments.
Nevertheless, Trump would retain important executive powers, allowing him to continue pursuing several priorities through administrative decisions, executive orders and existing legal authorities.
The extent of that freedom would ultimately depend on the courts, the legal limits of presidential authority and the willingness of Congress to challenge his decisions.
For Trump, the immediate objective is to prevent Republican losses and preserve the congressional support that has helped him advance his agenda.
But his administration’s preparations indicate that it is also planning for a future in which Democrats control Congress and the president must increasingly rely on executive power, vetoes and legal battles to govern.
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