In a TIME interview, Trump declines to rule out a national emergency, the Insurrection Act or ICE at polling stations around the midterms

What happened

In a 75-minute Oval Office interview published October 1, 2026, Trump declined to rule out declaring a national emergency or invoking the Insurrection Act around the November 3 elections, or sending ICE to polling stations. The Insurrection Act is an 1807 law that lets a president use troops for domestic law enforcement. He said, “I don’t rule anything out or in.”

“I’m not committing to anything. We’re going to see how it plays out in court,” Trump said. Asked what would happen if Democrats won Congress, he said, “They’ll probably go after me, and I’ll go after them,” and indicated he would issue pre-emptive pardons to aides.

Trump said he regretted appointing Justices Gorsuch, Kavanaugh and Barrett, after rulings against him on tariffs, mail ballots and birthright citizenship. Nevada’s secretary of state, Cisco Aguilar, cited the interview in preparing emergency court filings.

Who benefited

The administration keeps every option open five weeks before the vote and lets the uncertainty work on state officials, voters and the courts. The statement carries weight with election officials before any order exists.

Who wanted something

Trump has threatened the Insurrection Act over the border, Los Angeles and Minneapolis, and here, for the first time on the record, tied it to the election itself. The pre-emptive pardons line is a signal to the people who would carry out any order.

Who lost out

State election officials must now plan for a federal emergency declaration or troop deployment they cannot predict. Voters were told the president might or might not accept the ordinary conduct of the election. The three justices he named had their independence described as a mistake.

Why it matters

This is the first time the president has tied emergency powers to the midterm election, in his own words. Earlier Insurrection Act entries concerned the border and protests. The country’s most senior election officials, Nevada’s secretary of state among them, are filing in response.

Sources TIME (primary)NewsNationHuffPost