President Donald Trump promised to pay out $5,000 to Americans if Republicans win both the House of Representatives and the Senate in the 2026 midterms, but it’s unclear if such a move would hold up against court challenges. Trump made the promise during remarks at the Republican National Convention in Dallas on Wednesday. The “Trump dividend,” the president said, would be issued if Republicans retain control of both chambers of Congress.
His promise comes as polls show Republicans trailing on the generic ballot and locked in close Senate races in several states Trump won in his 2024 White House victory, including Alaska, Iowa, Michigan, North Carolina, Ohio, Georgia and Texas. "Because of our tremendous strength and success economically, I will issue a dividend to every adult citizen in the United States of America for $5,000," Trump said. "Very much like a successful company will do a cash distribution to its shareholders." Republicans and Trump have held the unprecedented midterm GOP convention in an attempt to build momentum among their base, but Trump’s approval rating has hit new lows as voters express concerns over issues like tariffs, inflation and the cost of living.
Historically, presidents have struggled during midterms. During Trump's first term in office, Republicans lost 41 seats to a Blue wave in the House. Newsweek reached out to the White House for comment via email.
Barbara McQuade, a former federal prosecutor, in remarks to Newsweek, expressed skepticism that the promise would hold up against court challenges. The language of 18 U.S.C. § 597, which makes it a crime to buy votes, would “seem to fit what Trump is offering,” she said. This would likely not be protected by the presidential immunity the Supreme Court found in 2024, which is “limited at the outer perimeter of a president’s official duties,” she said.
Michael McAuliffe, a former federal prosecutor and former elected state attorney, told Newsweek the proposal is “suspect in many ways.” “In any other context, such a brazen statement would justify law enforcement opening a preliminary investigation to assess the conduct through the lens of potential illegality,” he said. He said Trump’s statement would “almost certainly be viewed as immune official acts when he leaves office” by a court, and that there is “arguably" no quid pro quo because anyone would get the check, regardless of whether they vote for a Republican or not, so long as the GOP wins. The promise has faced skepticism beyond legal concerns, with critics noting that Trump has talked about other payments that ultimately did not come to fruition.
His administration previously talked about sending out $2,000 tariff refunds as well as a “DOGE Dividend.” Representative Dan Goldman, a New York Democrat, cast doubt that Trump would be able to pass such a dividend in a post on X. And Congress would never do it because it is corrupt and blatantly illegal. The American people were fooled once by Trump’s false promises.
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