In the last two years of his presidency, President Donald Trump could face Democrats investigating his family’s finances, questioning his Cabinet secretaries under oath, blocking his judicial nominees, and possibly threatening a third impeachment.
His administration might spend millions defending against congressional inquiries, as lawmakers investigate issues like immigration detention contracts, military spending, and the president’s cryptocurrency ventures.
Trump could also choose not to cooperate, challenge subpoenas in court, and veto any legislation aimed at undoing his policies.
“The problem isn’t the fecklessness of whoever leads both chambers,” legal analyst Jeffrey Toobin wrote in an Oct. 18 essay. “It’s the structure of our constitutional system, which is more tilted than ever in favor of the executive branch.”
As the Nov. 3 midterm elections get closer, Democrats need to gain four seats in both the House and Senate to take control. If they win the House, Democratic leader Hakeem Jeffries could become the first Black speaker, gaining investigative powers that Republicans have mostly kept from the opposition.
“We’re going to hold the crooks accountable,” Jeffries has promised.
Rep. Robert Garcia (D) from California might lead investigations into Trump’s businesses, the Jeffrey Epstein files, immigration enforcement, and Health and Human Services Secretary Robert F. Kennedy Jr.’s vaccine policies. Rep. Jamie Raskin (D) from Maryland, who could chair the Judiciary Committee, has already investigated Jared Kushner’s foreign business ties and how the administration uses executive authority.
Raskin has described the potential investigative workload as “gargantuan.”
This possibility is already causing concern within the administration. According to The Wall Street Journal, Trump officials and business associates have started looking for legal help as they prepare for possible Democratic investigations.
Toobin warned that subpoenas might lead to long court battles instead of quick answers. During Trump’s first term, Democrats spent years trying to get census records and his tax returns. Some of these disputes were settled only after President Joe Biden took office.
The Supreme Court’s 2024 ruling on presidential immunity could give Trump more legal reasons to resist investigations, though it did not take away Congress’ power to investigate.
A Democratic Senate could present another challenge. Senate Democratic leader Chuck Schumer has promised to oppose more Trump-aligned judges. Democrats could reject lifetime federal judicial appointments and block a Supreme Court nominee, using the same approach Republicans took in 2016 when they refused to consider President Barack Obama’s nominee, Merrick Garland.
Republicans warn that if Democrats take control, Washington could become paralyzed. Senate Majority Leader John Thune predicts legislative gridlock, while House Speaker Mike Johnson continues to support the administration’s tax and spending plans.
“What we would do in the next two years is exactly what we have been doing already,” Johnson told CNBC, arguing that Republican policies would strengthen the economy.
Democrats would also have control over congressional spending talks, which could lead them to question Pentagon spending and call for more oversight of the war in Iran. However, military funding that has already been approved would still be available, and Trump could veto any new limits on future spending.
Impeaching Trump again would be even harder. Democrats could impeach him in the House with a simple majority, but convicting him would need a two-thirds vote in the Senate. He was acquitted in impeachment trials in 2020 and 2021.
Maryland Democratic Sen. Chris Van Hollen has cautioned that Democrats must offer voters more than opposition to the president.
“We’re hardly wildly popular as a party,” Van Hollen stated in a recent interview with The Washington Post. “That’s why it’s going to be especially important that this Congress, if the Democrats have the majority, that they show the American people what we’re fighting for.”
Jeffries has suggested bringing back Affordable Care Act tax credits, undoing Medicaid cuts, challenging Trump’s tariffs, and tackling the rising costs of groceries, housing, and utilities. Even if Democrats control both chambers, they will still have a hard time passing these measures if Trump opposes them.
At the same time, Trump could keep enough power to push back against Democrats and blame them for any gridlock in Washington.
Toobin argued that stopping more lifetime judicial appointments could be the most important power Democrats get, especially if there is a Supreme Court vacancy.
“Democrats should exercise that power because it’s the right thing to do,” he stated, “but also because they are going to have little power to do much else.”
