If You Can’t Beat ‘Em, Cheat

Trump is trying every trick in the book to subvert the midterms

Credit: Getty Images

Donald Trump knows his party will probably lose one, if not both, houses of Congress in November. He could do something politically rational to help his cause, such as removing the remaining 2,300 ICE agents from the streets of Minneapolis, or lifting tariffs, or restoring Obamacare subsidies to lower health insurance costs.

Since his is very much a “me” not a “we” presidency, none of that will happen. Making the lives of the American people better doesn’t seem to be in his wheelhouse.

Holding on to majorities in the House and the Senate is the only way Trump will be able to continue trampling the Constitution. It is also the only way to ensure Trump and his cabinet aren’t investigated, impeached, and removed.

Historically, the party in power loses seats in the midterms. With a thin Republican majority in the House and wildly unpopular policies, Democrats regaining control is almost a certainty. The Senate, long thought a longshot, is now a possibility.

Trump has known for some time that Republican prospects for the midterms are bleak. He also knows his unceasing and erroneous refrain that American elections are rigged and hordes of undocumented immigrants vote illegally are tired, old lies.

In July, he demanded that Texas undergo an unorthodox, mid-decade redistricting that could net five Republican House seats in November. California countered with a redistricting plan of its own, which was upheld by the Supreme Court on Wednesday, only adding to the president’s alarm. He has tried to strong-arm a number of other states into partisan gerrymandering, with less success.

So, if he can’t gain enough seats by redrawing congressional maps and disenfranchising millions of people, how about trashing the Constitution? On Monday, Trump told Dan Bongino, current podcaster and former FBI deputy director, “We should take over the voting, the voting in at least many, 15 places. The Republicans ought to nationalize the voting.”

First, a short review of how elections work in this country. Article I, Section 4, Clause 1 of the Constitution states, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof…”

The Founding Fathers decentralized the American voting system to prevent the concentration of power and safeguard against tyranny. It took almost 250 years to test the bounds of that constitutional tenet. Make no mistake: it is being tested now.

It is a sign of these unprecedented times that we even have to explain who runs elections, that we need to protect this constitutional guarantee against presidential overreach.

In his ever-increasing need to double down on a terrible idea — this one also illegal — Trump reiterated it on Tuesday. “If you think about it, a state is an agent for the federal government in elections. I don’t know why the federal government doesn’t do them anyway.” His lack of a basic understanding of how our government operates is, once again, shocking.

As one might imagine, this scheme didn’t go over well with lawmakers, including some Republican lawmakers. “I’m not in favor of federalizing elections, no. I think that’s a constitutional issue,” Senate Majority Leader John Thune told reporters. Even Trump’s biggest enabler, House Speaker Mike Johnson said no. Senate Minority Leader Chuck Schumer was a bit more direct, calling the move “outlandishly illegal.”

If federalizing the election process won’t work, Steve Bannon, one of Trump’s most trusted advisers, has another plan. He is setting the stage for chaos and intimidation on Election Day. On Tuesday, he announced, “We’re going to have ICE surround the polls come November. We’ll never again allow an election to be stolen.”

Trump has also toyed with the idea of calling off the midterms, which he can’t do legally. But he can use ICE to block and deter voters. And he could use the Department of Justice to seize ballots and take over vote counting. He has also threatened to decertify voting machines. None of these moves would be justified, but lack of justification has never stopped him.

Last week, the FBI seized Fulton County, Georgia’s 2020 election ballots. Fulton County includes Atlanta. In 2020, Trump lost Georgia, even after two recounts. He then tried to lean on the Georgia Secretary of State Brad Raffensperger to overturn the election. So why seize these documents now?

Since nothing can or should be done about the 2020 results, the only reason for this unprecedented action now is to set the stage for 2026.

The DOJ has demanded unredacted voter files from all 50 states. Twenty-three states and the District of Columbia have not complied. No surprise, Trump & Co. are suing them. Like most of their suits, it isn’t going well. On January 15, a U.S. district court found that the Justice Department’s demands for states’ voter data violated federal privacy laws.

Voter files are a critical weapon for voter suppression and election subversion. They can be used to purge voters. As we know, the DOJ doesn’t need a valid reason to do such a thing.

Trump has made no secret of his plans to thwart, question, and/or subvert the 2026 midterms. Democratic Secretaries of State are the best bulwark against this effort. They are currently strategizing in group calls and gaming out how to stop him.

“Part of that’s a litigation response, part of that is a communications response, part of that is a purely administrative response. But we’re planning out what we would do if certain things happen,” Minnesota Secretary of State Steve Simon told Democracy Docket.

A lot of people, including federal prosecutors, FBI agents, and judges, would have to be complicit in Trump’s illegal schemes for him to succeed.

Anyone who really cares about the country should be paying close attention. November’s midterm elections are shaping up to be a fight not just at the ballot box, but for democracy itself.

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Dan