United States Director of National Intelligence Tulsi Gabbard outside the Fulton County Election Hub and Operation Center in Union City, Georgia, January 28, 2026. REUTERS/Elijah Nouvelage
Donald Trump is planning to do everything he can to subvert the 2026 midterms and prevent Democratic victories, but according to conservative commentator David French, there is a new bill in Congress that stands a chance of stopping his quest for "permanent power."
Writing for the New York Times Thursday morning, French reiterated his past warning that voters should not expect the midterms to be "free or fair" under Trump's watch. Indeed, he noted that the recent FBI raid on an election office in Fulton County, Georgia, and Trump's assertion on a right-wing podcast that election control ought to be "nationalized" as clear evidence of Trump's intentions.
"President Trump has made it clear — very clear — that he is set to accept only one outcome: MAGA wins," French wrote. "Any other outcome is proof that the Democrats cheated."
French said that while anything that might properly stop Trump's election plans "feels impossible," he highlighted a portion of the U.S. legal code, 42 U.S.C. Section 1983, which "gives you the right to sue for damages when state or local government officials deprive you of 'any rights, privileges, or immunities secured by the Constitution and laws,'" including your voting rights. While federal officials like Trump and his allies are immune from being targeted by this law, there is a bill currently before Congress that aims to change this.
"In November, Senator Sheldon Whitehouse and Representatives Hank Johnson and Jamie Raskin reintroduced a bill called the Bivens Act," French explained. "It’s remarkably simple. It would amend Section 1983 by stating that officials “of the United States” can be held liable on the same basis as officials of any state. That’s it. That’s the bill. And it’s worth shutting down the Department of Homeland Security to get it passed."
He continued: "If the bill passes and Trump signs it, he would be able to pardon his cronies if they commit federal crimes, but not relieve them from potentially immense civil liability. Money judgments don’t present the same deterrent as prison time, but they’re consequential nonetheless... Yes, a corrupt president may pardon the crooks and cronies who act on his behalf, but a modest change in the law could give them pause. Violating civil rights should carry a profound cost, and the message to the Trump administration should be simple and clear: Protect the integrity of the election, or we will make you pay."