Observing Donald Trump’s recent political maneuvers has been significant. He withdrew his own nominee for the director of national intelligence and cut support for a bipartisan housing bill. These actions aim to pressure Congress into approving his Save America Act, which seeks to overhaul U.S. election systems.
Trump wants congressional approval for legislation requiring citizenship proof, which many Americans might find challenging to provide. The act also aims to make most mail-in voting illegal without a valid reason for not voting in person. The Senate currently lacks the votes to pass the Save America act, but Trump’s focus on this may energize his MAGA supporters. He remains vocal about alleged Democrat cheating and unauthorized immigrant voting as part of a broader strategy to question election results.
Trump might undermine election outcomes in other ways, claiming executive authority. Past actions, like his role on January 6 and his pardons related to the riot, suggest he might take extreme measures to overturn elections. Jonathan Winer, a former State Department official, outlines these potential actions in a Washington Spectator article, “Emergency Planning: The President is Preparing to Challenge 2026 Midterms. The Country Can Still Act to Protect Them.”
The FBI recently allocated 260 staff to reexamine the already scrutinized 2020 election results in Fulton County, Georgia. Trump ordered federal agencies to compile state-by-state citizenship lists, disrupting state-run election systems. Despite adverse court rulings, these actions highlight his determination to affect the 2026 elections. Jonathan Winer outlines a scenario where Trump might declare the elections rigged, alleging illegal ballots, fraud, or foreign involvement. He could order investigations to delay finalizing results, a tactic within his scope.
If Republican leaders support his challenges, they might reject election results without congressional agreements. Legal battles would follow, and widespread protests in major cities are likely. Trump characterizes such protests as threats to democracy and suggests investigating and prosecuting organizers and funders. Federal responses might involve arrests and pre-trial detentions. Trump could escalate by declaring protests a national emergency, invoking Presidential Emergency Action Documents (PEADs) to expand federal powers.
These PEADs, developed since Eisenhower’s era, are intended for grave crises and may include detentions. Trump’s claim of strong emergency powers hints at their potential use. The infrastructure for enforcement might come from Homeland Security, equipped with detention facilities and paramilitary forces. This scenario could unfold without involving the National Guard or military broadly.
Legal challenges to PEADs are expected, but they might lag behind swift administrative actions. Trump’s tactics demonstrate the use of significant political capital, often at the expense of Republican candidates. His fixation on election fraud, despite no evidence, stems from his 2020 election loss to Joe Biden. Trump’s rhetoric against Democrats intensifies, labeling Democratic Socialist primary winners as “godless communists.”
Jonathan Winer warns, “Nothing suggests this president will be restrained by laws or norms from using PEADs to overturn election results and suppress resistance.” If the Save America Act fails and Trump’s candidates lose, expecting extraordinary measures to influence upcoming elections seems realistic. Naivety about Trump’s intentions would be misplaced given his prior statements and actions.
Tom Rogers is Fountain 0’s executive chairman, founder of CNBC, and a CNBC contributor. He previously led TiVo and helped establish MSNBC. His views in this article reflect his own perspectives.

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