Reuters reported on November 1 that the White House has been preparing to keep advancing President Trump's agenda through executive power even if Democrats become the congressional majority. The report cited one White House official and two people familiar with the plans. The midterms are on November 3, and the current split is 218 Republicans to 214 Democrats in the House and 53 to 47 in the Senate.

According to Reuters, deputy chief of staff Stephen Miller and budget director Russell Vought have worked since April with the White House Counsel's Office to pick actions on immigration, tariffs, housing costs and federal spending that do not need Congress. Counsel Will Scharf's team is examining what the president can legally do alone and how far his authority can be pushed. Agencies have also submitted proposals for unilateral actions with legal reviews.

The actions under discussion

The White House official named candidates including new tariffs on critical minerals and wind turbines, tighter visa rules for international students and temporary foreign workers, and steps to lower housing and construction costs. Reuters said Vought is reviewing which priorities can move using money Congress has already appropriated, and is weighing changes to federal grant rules that would give political appointees a larger say in which programs get funded.

Trump has been briefed and has joined the discussions, and one source said he would be very comfortable governing through executive authority under a Democratic Congress. Reuters cited his comments on a New York Post podcast that if Republicans lose Congress he expects to issue vetoes for a month or two before making deals, adding, I guess I will become Mr. Veto.

What Congress could and could not do

Experts quoted by Reuters say a Democratic majority would have limited tools. Bills face a veto that is hard to override, and even if Congress votes to end a national emergency, reversing a veto takes two-thirds of both chambers. But blocking nominees, including any Supreme Court pick, and using hearings and subpoenas to examine how presidential power was used are things executive orders cannot stop. Courts could also halt actions that exceed legal authority.

White House lawyers are said to have already briefed political appointees and agency heads on handling congressional inquiries, document requests and subpoenas, and urged care over what is put in writing, consistent with what the Washington Post first reported in May. Reuters added that the White House has sought a Justice Department opinion that could let Trump invoke executive privilege over communications with private advisers. Spokeswoman Lauren Bis rejected the premise of Republican losses, accused the media of pushing a false narrative, and said the administration will keep securing the border and restoring law and order.