Toobin: Democrats' win in Congress will not stop Trump due to judicial mechanisms

US political system protects the president

Jeffrey Toobin, a columnist for The New York Times, argues that even if the Democratic Party wins the midterms and secures a majority in both chambers of Congress, the opposition will not be able to effectively stop the actions of President Donald Trump. According to the expert, the current political architecture of the US creates favourable conditions for the head of state to retain his powers.

Judicial barriers and immunity

Toobin notes that the president will be able to block investigations initiated by Congress by using judicial procedures. A strategy of dragging out court proceedings until the end of the presidential term will allow him to avoid unwanted consequences. Furthermore, the columnist emphasises the 2024 ruling by the US Supreme Court, which guarantees the president immunity from criminal prosecution for actions taken within the scope of official powers.

Limited options regarding war funding

In the columnist's view, Democrats are also unlikely to stop the war with Iran, even if they attempt to cut off its funding. The Trump administration has the ability to use funds that the Pentagon has already received. Moreover, the president can block any new budgetary restrictions using a veto.

Difficulty of overriding a veto and the sole instrument of influence

To override a presidential veto, it is necessary to secure the support of two-thirds of the votes in both chambers of Congress. Toobin believes that accomplishing this task will be difficult even if the Democrats win. In his assessment, the only truly significant instrument of influence for the opposition will be the ability to block the appointment of federal judges, including members of the US Supreme Court, if the party secures a majority in the Senate.

Thus, even a convincing Democratic victory in the midterms is unlikely to lead to a significant limitation of Donald Trump's powers, concludes The New York Times columnist.