Trump Readies Executive Power as Democrats Gain Congress

Democrats are preparing subpoenas and hearings on President Donald Trump and his allies after voters rejected Republicans in Tuesday’s midterm elections. Robert Garcia, the incoming chairman of the House Oversight Committee, summed up his party’s victory and new subpoena power in two words: “Lawyer up.” The fight now moves to Congress, as officials prepare investigations and the White House considers how to use the authority it still holds.

Trump has privately told close allies that a Democratic-controlled Congress could have a major effect on his final two years in office, according to people familiar with the discussions. West Wing officials believe he expects the worst after enduring two impeachment trials in his first term. During the campaign, Trump warned that he could face impeachment again, as polls showed rising voter concern about corruption ahead of the election.

Subpoenas, lawyers and the apparatus

Administration lawyers had anticipated investigations for months. Yet Trump advisers told CNN that, as late as September, officials weren’t preparing in earnest. Some officials had hired personal lawyers, while junior staffers have privately weighed whether to stay in their jobs, expecting Democrats to cast a wide net. Staffers in Trump’s first administration faced high expenses during the January 6 investigation.

White House chief of staff Susie Wiles often halted conversations about likely oversight investigations into senior administration officials, one adviser said, because she thought they could distract from the campaign. “She would always say, ‘We are going to win and we’re going to put all our energy into winning,’” the adviser said.

Other White House officials said Wiles privately directed the White House Counsel’s office to prepare for possible Democratic actions while telling staff to “keep their eye on the prize.” In recent months, the office hired 15 additional lawyers to shield the administration from future oversight probes. Some officials have considered buying legal insurance to cover expected fees if they’re investigated. Trump, White House counsel Will Scharf and others have discussed preemptive pardons for staffers. No decision has been made, and Trump hasn’t ruled out the option.

A White House official described the investigations as an assault on the administration, saying: “If crazed Democrats want to abuse their power and politicize the process of investigating and subpoenaing and try to destroy lives, they should be reminded that we still control the federal government and all of its powers.” The warning highlights the machinery at stake. Congress can investigate, but the executive branch still holds extensive powers of its own.

A ballot shift, a veto and executive orders

On Wednesday, Trump said he was “not even a little bit” concerned about another impeachment investigation. At the site of White House ballroom construction, he told reporters: “I think it would destroy the Democrat Party if they did that. Impeachment for no reason. What? For having a successful country?”

The election changes who controls Congress, but it doesn’t remove built-in veto points or the president’s unilateral authority. Trump called himself “Mr. Veto” and has pledged to veto legislation that conflicts with his promises. Overriding a presidential veto takes two-thirds of the House and Senate. He told Fox News that he likes “getting things done” and cited immigration as a possible area for compromise, without elaborating.

A narrow Democratic Senate majority may do little to change Trump’s legislative strategy, since filibuster rules require 60 votes for most major bills. Democrats could block presidential nominations, including Supreme Court nominees if a vacancy arises. Advisers say sweeping legislation will be virtually impossible under divided government. Much of Trump’s second-term agenda has already taken effect through executive orders without Congress, and they expect that approach to intensify.

Deputy chief of staff Stephen Miller and budget chief Russell Vought have directed the administration’s expansive use of executive authority, including immigration crackdowns and steep cuts to federal programs. Administration lawyers are considering tighter visa rules, new duties on imports and easing some regulations. The decisions put federal power over immigration, spending and regulation at the center of the fight; the article reports no grassroots or mutual-aid response to the election.

Foreign policy and the succession struggle

Trump’s advisers say he’s ready to push the limits of executive power on immigration and federal spending, where legislation appears unlikely to pass. He is also expected to spend more time on foreign policy and construction projects in Washington. Presidents often turn to foreign policy in their final years because they have greater unilateral powers there, while Congress has limited ability to restrict their actions.

Trump has strongly hinted he may quickly renew the war against Iran. U.S. and Iranian negotiators had failed to reach a new deal over the preceding several days. Some senior advisers have debated new strikes; others believe immediate action wouldn’t help and are urging more time for negotiations. The conflict has hurt Republican midterm prospects. One Trump adviser said: “The bottom line is that Trump feels misled (on the Iran war) — he was misled. And somebody should pay for that.” Some allies view Defense Secretary Pete Hegseth, a supporter of the war, as vulnerable, while Trump has defended him and called him a “great warrior.”

U.S.-mediated talks between Ukraine and Russia are scheduled to resume this week in the United Arab Emirates. Officials are planning a trilateral meeting later this month in Shenzhen, China, between Trump, Russian leader Vladimir Putin and Chinese leader Xi Jinping.

Trump’s hold on the Republican Party is also under strain after the loss. Advisers said talks about potential successors will likely begin in earnest in January. JD Vance and Secretary of State Marco Rubio often come up as possible future nominees. In Sioux City, Iowa, Trump told a crowd he had “a little more than two years left,” then added: “But I’m going to have a lot of power when I leave.”