People familiar with talks: staffers have begun assembling list of possible probes and witnesses

Control of either chamber would bring subpoena power and additional investigation funding

Democrats in the US Congress are working out how they would use congressional power if they win control of the House or Senate in the November 3 midterm elections. Their success is not guaranteed. Control of either chamber would give the party power to issue subpoenas and additional funding to launch investigations early next year. According to people familiar with the discussions, staffers have begun assembling a list of possible investigations and witnesses.

Democrats are weighing whether to investigate senior figures in the Trump administration and possibly Donald Trump himself. The BBC reported four principal areas under discussion: Trump administration and family business dealings; Pete Hegseth’s handling of the Iran war; alleged misconduct by Immigration and Customs Enforcement agents; and a possible third attempt to impeach Donald Trump. The preparations remain conditional on the party winning control of a chamber.

Democrats weigh Hegseth’s Iran war and a third Trump impeachment

Democratic lawmakers have vowed to look into Defense Secretary Pete Hegseth’s handling of the war with Iran that began in February, including the number of civilian casualties, munitions shortfalls, spending and claims of poorly prepared troops and facilities. According to a source familiar with the discussions, other possible subjects include boat strikes in the Caribbean that the administration says are aimed at stopping the flow of drugs into the US.

In April, a group of House Democrats filed rare articles of impeachment against Hegseth. They cited the war in Iran and accused him of “high crimes and misdemeanours.” Impeachment requires only a simple majority in the House, but conviction and removal from office would require a two-thirds vote in the Senate. No cabinet official has ever been removed this way.

Some experts believe the negative publicity that would come from congressional hearings could ultimately lead to Hegseth being fired or resigning from the position. David Miller, a political science professor and expert on the presidency at American University in Washington DC, said, “[If] it looks bad for the White House, and it’s a drag on their media attention, President Trump might be likely to cut loose those officials, because he doesn’t want that bad press.” Miller added, “In a sense that could be a win for the Democrats.”

Richard Painter, the former chief White House ethics lawyer under George W Bush, told the BBC that the decision to launch the war should come under scrutiny. “The bigger issue is this: this war was never authorised by the United States Congress, and I don’t care who the secretary of defence is,” Painter said. “The constitution says that Congress declares war,” he said, and lawmakers should “haul these folks in” to answer questions.

Democrats are split on the possibility of attempting to impeach Trump for a third time. Some, such as Representative Alexandria Ocasio-Cortez, have expressed support for an impeachment, citing what they view as an unauthorised war with Iran and other alleged impeachable offences. Others have called for a more cautious approach, arguing that any impeachment is unlikely to end with the Senate voting to remove Trump, who has repeatedly denied any wrongdoing. It is also unclear whether the party could agree on a reason to launch impeachment proceedings.

Trump told reporters in the Oval Office in October, “I can do whatever I want, if I want.” He described the impeachment efforts in his first term and the later criminal cases brought against him as “very illegal things.”

Business deals and ICE misconduct remain potential investigation targets

Democrats have made clear that lucrative deals brokered through the Trump family’s business empire would be primary targets of any initial investigations. Items under consideration include administration ties to corporate entities, particularly cryptocurrency firms; international business dealings of the president’s son-in-law, Jared Kushner; a $400m (£301m) aircraft gifted by Qatar to serve as Air Force One; and multimillion-dollar defense contracts awarded to firms linked to the Trump family.

A BBC image caption described the aircraft as also likely to be a target of Democratic investigations.

Suhas Subramanyam, a Virginia Democratic representative and member of the House Oversight Committee, told the BBC: “We want to make sure that [American] taxpayer dollars are being used wisely and not being stolen or pocketed because of corruption.” Subramanyam also said, “What’s shocking to me is not only that this administration, cabinet officials and even the president and his family have been corrupt and self-dealing, but they’ve been so brazen and open about it.”

Senior Democrats, including Robert Garcia, the California Democrat tapped to lead the House Oversight Committee should the party take back the chamber, have identified immigration enforcement as a key priority for potential congressional investigations. Potential inquiries could examine allegations of misconduct by Immigration and Customs Enforcement agents during immigration raids across the country.

Political limits and official responses

These investigations may prove difficult and politically tricky. Trump campaigned in 2024 on a promise of mass deportations of undocumented migrants, a message that resonated with many of his supporters. Recent polls suggest many Americans, including those who backed Trump in that election, are uncomfortable with some of the tactics used by ICE in American cities so far this year. Painter told the BBC that Democrats would have to walk a fine line between opposing ICE tactics and appearing to dismiss broader immigration concerns.

There is no guarantee for Democrats that any potential investigation would end with a meaningful outcome.

Pentagon Press Secretary Kingsley Wilson defended Hegseth’s record in a statement, calling him a “transformative leader” who has “slashed bureaucracy, unleashed innovation, and delivered for our warfighters.” Wilson said, “By every measurable metric, the Department of War is better under Secretary Hegseth’s leadership than before,” using the administration’s preferred name for the defense department.

The White House has repeatedly denied allegations of wrongdoing. Spokesperson Olivia Wales said, “President Trump is focused on retaining Republican majorities in Congress and doubling down on the progress he has made to lower costs for families.” Wales added: “Democrats have no agenda to improve the lives of the American people, just plans to obstruct and baselessly target President Trump’s commonsense agenda.” A White House official said the administration was “always prepared” to respond to oversight requests regardless of who was in Congress.

James Comer, the Republican chairman of the House Oversight Committee, told the Washington Sun in June that Democrats were “one-trick ponies” who were “going to go after Trump.”

Subramanyam said the party’s efforts would send a message and that Democrats should not abandon the effort over political considerations. “If we do not do something because we are scared of the optics, or we don’t think it will be successful, or they stonewall us, that will be bad,” he said. “Not just for the next two years, but for the next 20 years.”