Trump Says He Would Pardon Aides and Elon Musk 'If I Needed To' as Democrats Seek House Control in Midterms

WASHINGTON — President Donald Trump has said in a series of interviews over the past month that he is prepared to issue preemptive pardons to members of his administration. In his latest remarks, he extended that to billionaire Elon Musk and other allies if Democrats win control of the House and open investigations.

The comments came ahead of Tuesday's midterm elections, which will decide whether Republicans keep their majorities in Congress. Trump has framed possible pardons as protection against what he describes as politically motivated investigations. He has repeatedly pointed to former President Joe Biden's end-of-term pardons as a precedent.

A shift in tone

In early October, a reporter asked Trump whether he planned to pardon his top aides before leaving office. "It's not something I'm thinking about now," Trump said, though he added that he believed he could do whatever he wanted.

His comments since then have been more direct.

In an interview with Time magazine, published Oct. 1, Trump was asked whether he was considering pardoning members of his administration before the end of his term. "Yeah, sure I'd do that," he said.

He pointed to Biden, saying the former president "gave pardons to everyone." In the same interview, he predicted that Democrats would go after him if they won the House and said he would go after them in return.

Newsmax interview

In mid-October, Trump returned to the topic in an interview with Newsmax host Rob Finnerty. Asked whether he was considering a pardon for himself, Trump said he did not think about it because he had done nothing wrong, but that he was allowed to pardon himself.

He then turned to his staff, saying he did not want people who work for him to go through "years of nonsense, hire lawyers and everything else, all for nothing." He called critics on the left "lunatics."

Musk enters the discussion

Trump went further in a podcast interview with New York Post columnist Miranda Devine, released this week. Asked about the possibility that House Democrats might try to arrest Musk and seize his assets if they took power, Trump said he did not expect that to happen but would act if necessary.

"It's talk, but if it is talk, we'll have to protect them," Trump said.

Asked about preemptive pardons for Musk and others who have worked in his administration, Trump again pointed to Biden. "I would if I needed to, sure," he said. He also referred to the pardons he granted on his first day back in office to people charged in the Jan. 6, 2021, attack on the U.S. Capitol.

Musk, the world's richest person, has contributed $474 million to support Republicans in the 2026 midterm elections, according to The New York Times.

Earlier reports of private promises

Trump's public comments follow earlier reports that he had raised the idea privately. In April, The Wall Street Journal reported that Trump had repeatedly promised pardons to top administration officials. According to the report, he said in one meeting that he would pardon everyone who had come within 200 feet of the Oval Office.

The Journal also reported that Trump had told advisers he would hold a news conference to announce mass pardons before leaving office.

At the time, White House press secretary Karoline Leavitt described the remark as a joke and said the newspaper "should learn to take a joke." She added that the president's pardon power is absolute.

More recently, two sources told The Washington Sun that White House attorneys were evaluating whether to issue mass pardons to junior staff members. According to the report, conservative groups that have influence with the administration have pushed for protection for lower-ranking officials.

The Biden precedent

Biden issued several preemptive pardons in the final hours of his term in January 2025. They covered former Joint Chiefs of Staff Chairman Gen. Mark Milley, Dr. Anthony Fauci, members and staff of the House committee that investigated the Jan. 6 attack, Capitol police officers who testified before that committee, and members of Biden's family.

Biden said at the time that the pardons were meant to protect people from politically motivated prosecutions by the incoming administration. No pardons of that scope had been issued before by a departing president.

Trump has said Biden's actions disappointed many Republicans, and he has argued that he should have the same authority.

First-term record

On his last day in office in his first term, Trump granted clemency to 143 people. They included his former chief strategist Steve Bannon, who had been indicted on wire fraud and money laundering conspiracy charges but had not gone to trial.

In his second term, Trump has used his pardon power several times, including on behalf of political allies and donors.

A test case

The issue has come up at an awkward time for the White House. The Justice Department is reviewing allegations of contract misconduct against Corey Lewandowski, a longtime Trump aide. Asked about the case, Trump told reporters that he wants people around him to be honest and that those who are not should be prosecuted.

Legal questions

The Constitution gives the president broad power to grant pardons for federal offenses, and the Supreme Court has held that pardons can be issued before charges are filed. Presidential pardons do not apply to state crimes.

Whether a president can pardon himself has never been tested in court. Legal scholars disagree on the question.

What supporters and critics say

Trump's supporters argue that preemptive pardons are a reasonable defense against what they see as politically driven investigations. They note that Biden set the precedent for broad clemency for officials who had not been charged.

Critics argue that promising pardons in advance could encourage officials to ignore the law, since they would expect protection from prosecution. They also say Biden's pardons were limited to specific people, while Trump has suggested pardoning far more people.

The outcome of Tuesday's elections could determine how much the issue matters. If Democrats win a majority in the House, they would have the power to issue subpoenas and launch oversight investigations. That would raise the stakes for administration officials and for Trump's pardon decisions.

Trump's term ends in January 2029.