President Donald Trump said he would consider granting broad preemptive pardons to administration officials and political allies if Democrats gain congressional power and seek criminal prosecutions, citing similar protections issued by former President Joe Biden.
By yourNEWS Media Newsroom
President Donald Trump said Monday, Nov. 2, that he would consider issuing preemptive pardons to members of his administration and political allies if Democrats attempt to prosecute them following Tuesday’s midterm elections, indicating that he would use his constitutional clemency authority to shield individuals he believes are being targeted for political reasons.
During an interview with New York Post columnist Miranda Devine on her Pod Force One podcast, Trump was asked whether he would issue pardons similar to those granted by former President Joe Biden before leaving office in January 2025.
“I would if I needed to. Sure,” Trump responded.
The president went further, emphasizing that he would not hesitate if he believed the circumstances warranted intervention.
“I wouldn’t even think about it, I’d do it,” Trump said. “I did it for J6.”
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His reference was to the sweeping clemency he granted in January 2025 to approximately 1,500 people charged or convicted in connection with the Jan. 6, 2021, Capitol riot.
The New York Post reported that the president’s comments followed questions about whether Democrats would pursue administration officials, prominent supporters and business leaders if they gained control of Congress.
Trump said he doubted some of the threats would materialize but maintained that he would protect those around him if necessary.
“If they do, we just have to protect those people,” he said.
The discussion also addressed billionaire Elon Musk, a Trump ally and the founder of SpaceX, whose business interests have become a subject of criticism among some Democratic figures.
Devine asked about proposals to investigate Musk, seize assets or nationalize portions of his business operations.
“It won’t happen. It’s talk,” Trump replied. “But if it is talk, we’ll have to protect them.”
The president did not identify particular individuals he intended to pardon, announce any completed pardons or specify criminal offenses that would be covered.
His remarks instead outlined a possible response to future investigations or prosecutions involving officials who served in his administration.
According to Axios, Trump’s statements come amid preparations by both parties for the possibility of divided government after the Nov. 3 elections.
Democrats have discussed using congressional oversight powers to investigate administration decisions if they gain control of the House.
Sen. Elissa Slotkin, D-Mich., has advocated pursuing cases involving people she believes enabled misconduct during Trump’s presidency.
Rep. Jamie Raskin, D-Md., who could assume a leading role in House Judiciary Committee investigations under Democratic control, has also called for scrutiny of alleged corruption within the administration.
Congressional investigations, however, are legally distinct from criminal prosecutions.
The House and Senate can conduct oversight hearings, issue subpoenas and refer potential violations to law enforcement, but criminal charging decisions generally fall to prosecutors and, ultimately, the courts.
A president’s pardon authority applies to federal offenses and can be exercised before an individual has been formally charged.
Under Article II, Section 2 of the Constitution, the president may grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
The authority does not extend to state crimes, prevent civil lawsuits or eliminate Congress’s ability to conduct investigations and impeachment proceedings.
Trump cited Biden’s use of preemptive pardons during his final hours in office as a precedent for protecting individuals who might become targets of a succeeding administration.
Biden granted preemptive pardons in January 2025 to former White House medical adviser Dr. Anthony Fauci, retired Gen. Mark Milley and members and staff of the House committee that investigated the Jan. 6 Capitol attack.
He also pardoned several relatives, saying he feared they could become subjects of politically motivated investigations.
Those pardons were intended to provide protection from potential federal criminal liability, even though the recipients had not necessarily been accused of committing crimes.
Biden argued that investigations and prosecutions could impose substantial financial and reputational consequences on individuals who had served in government or were related to him.
Trump has repeatedly criticized Biden’s clemency decisions while also citing them as justification for potentially taking similar action.
“That’s what Biden did. He gave everybody a pardon,” Trump told Devine.
The president previously raised the possibility of preemptive pardons during an interview with TIME magazine in September.
When asked whether he was considering pardoning members of his administration before leaving office, Trump responded affirmatively.
“Yeah, sure, I’d do that,” he said, according to ABC News’ Oct. 1 report.
He also addressed the matter during an Oct. 24 exchange with reporters after voting early in Palm Beach, Florida.
At that time, Trump said he had not made a decision but believed the experiences of officials investigated during the Biden administration justified considering protective measures.
“Certainly, I haven’t thought about it, but certainly I’d be allowed to,” he said, according to a transcript published by Roll Call.
He argued that federal investigations can impose substantial legal expenses on people who ultimately face no criminal convictions.
The president’s willingness to consider preemptive pardons has raised questions about how broadly such authority could be applied.
Although presidential clemency has historically included pardons issued before criminal charges, its use to protect large groups of administration officials against unspecified future prosecutions remains politically and legally contentious.
Legal scholars distinguish between pardons covering past federal conduct and purported protections for crimes that have not yet occurred.
Presidential pardons cannot authorize future federal offenses, and the precise wording of any clemency grant can affect its legal scope.
Trump has already exercised the pardon power extensively during his second presidency, including the January 2025 actions involving Capitol riot defendants.
Those decisions demonstrated his willingness to use clemency for groups of individuals facing federal criminal proceedings connected to politically significant events.
The latest comments suggest he would consider expanding that approach to administration officials and supporters if he concluded they faced politically motivated federal prosecution.
The president also discussed the possibility of Democrats seeking to investigate him personally.
“Well, I don’t know about me,” he said when asked whether he expected to become a target.
Trump has repeatedly criticized investigations and prosecutions involving himself and his associates, describing them as politically motivated. Democrats and prosecutors involved in previous cases have rejected claims that their actions were undertaken solely for partisan purposes.
The dispute has become an issue in the campaign for control of Congress, with Republican candidates emphasizing the administration’s legislative and economic priorities and Democrats calling for stronger oversight.
All 435 House seats and 35 Senate seats are being contested in Tuesday’s elections.
A Democratic takeover of the House would give the party control over committee leadership, oversight hearings and investigative priorities, while Senate control would affect confirmations and legislative negotiations.
Trump has also said he would become “Mr. Veto” if Democrats gained control of Congress, promising to reject legislation he opposes while remaining open to negotiations.
His latest remarks indicate that presidential pardons could become another instrument in that political confrontation, particularly if congressional investigations result in criminal referrals or federal prosecutors pursue administration officials.
No specific preemptive pardons were announced during Monday’s interview, and the president did not identify individuals who had requested clemency.
Whether Trump ultimately exercises the authority will depend on future developments, including the election results and any investigations or prosecution decisions that follow.
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