Government lawyers, who served the Bush and Obama administrations, have warned that President Donald Trump may not take midterm election losses lying down.
Bob Bauer, who served under former President Barack Obama, and Jack Goldsmith, who worked for President George W. Bush, argued that Trump could dispute next year’s election results, which will determine whether or not the Republican party maintains control of Congress.
“His words and actions strongly suggest he may use the formidable powers of the presidency — and possibly even the armed forces — to resist 2026 electoral results he dislikes,” the lawyers wrote in The Economist Wednesday. “This prospect must be taken seriously.”
Bauer and Goldsmith noted that Trump has a history of questioning the legitimacy of election results, pointing to the 2020 win of President Joe Biden, which Trump has frequently described as “stolen” and “rigged.”
And now — less than one year into his second term — Trump seems to be preparing to contest the midterms, which historically have resulted in losses for the president’s party.
As evidence, Bauer and Goldsmith pointed to an August Truth Social post from Trump, in which he promised to “bring HONESTY to the 2026 Midterm Elections” by eliminating mail-in ballots and voting machines.
States, “must do what the Federal Government…tells them, FOR THE GOOD OF OUR COUNTRY…” Trump added.
Trump has also issued an executive order claiming presidential power to impose voting regulations on states, including by mandating proof of citizenship to vote.
This proposed federal takeover of elections “flies in the face of the constitution, which expressly allocates authority over the ‘Times, Places and Manner’ of congressional elections to the states and to Congress,” Bauer and Goldsmith wrote.
So, what could Trump actually do when the midterms roll around? Bauer and Goldsmith argue the president “could order many kinds of federal intervention.”
“As he did in 2020, but with a stronger hand, he could push officials to intervene in states, potentially seizing voting machines,” the lawyers wrote. “He could use federal agencies to demand that states co-operate with his administration’s efforts to detect election fraud. He could intimidate election officials by ordering investigations of claimed irregularities.”
But, the lawyers’ most serious concern is that Trump would invoke the Insurrection Act — which allows the president to suppress unlawful violence — and deploy the military across the country.
“Trump could claim his opponents are obstructing election laws and call in troops to enforce those laws in accordance with his wishes,” they wrote. “Such deployments could occur before, during or after voting begins.
“The integrity of the 2026 election could thus, as in 2020, also depend on the fortitude of state and local officials who administer elections.”
The lawyers did not address the current redistricting effort taking place in a number of states, including Texas and California, which could dramatically alter the balance of power in Congress.
Other commentators have expressed similar concerns about Trump and the midterms, including Democratic strategist James Carville.
“I don’t put anything past him — nothing — to try to call the election off, to do anything he can,” Carville said on a podcast in July.
A White House spokesperson shot back a fiery retort to Fox Digital.
“Trump has taken more action to restore the integrity of our elections on behalf of the American people than any president in modern history,” the spokesperson said. “According to the Democrats, voter fraud doesn’t exist – but clearly they are already searching for copouts preparing to lose big again in the midterms.”
