Trump Says He Would Preemptively Pardon Musk and Aides If Democrats Win

President Donald Trump has said he would issue preemptive pardons for Elon Musk and his aides if Democrats take control of Congress in Tuesday’s midterm elections and then pursue investigations against them.

The remarks came in an interview on the New York Post podcast “Pod Force One,” released on Monday, November 2, the day before voters decide control of the House and Senate. Host Miranda Devine pressed the president on talk among some Democrats about going after Musk, the world’s richest man and a central figure in Trump’s second-term effort to slash the federal government.

Trump dismissed the prospect as talk, but said he was ready to act if it became real.

“It’s talk, but if it is talk, we’ll have to protect them,” Trump said, according to USA Today and other reports of the interview.

When Devine asked directly whether that protection could include a preemptive pardon, Trump pointed to his predecessor.

“That’s what Biden did. He gave everybody a pardon,” Trump said. “I would if I needed to, sure. I wouldn’t even think about it. I did it for J6.”

What Trump was asked about Musk

Devine raised the possibility that Democrats would seek to arrest Musk, seize his factories, or nationalize SpaceX, the rocket company he founded. She also named Edward Coristine, the young programmer nicknamed “Big Balls” who worked in Trump’s Department of Government Efficiency, known as DOGE, before resigning in June 2025.

Trump replied that such action would not happen, but added: “Well, I don’t know about me, but I can tell you if they do we’ll have to protect those people.”

It is important to be precise about what has actually been proposed. Democrats have signaled that, if they win the House, they could use committee investigations to examine Musk’s role running DOGE, his companies’ lucrative federal contracts, and his part in decisions affecting Ukraine’s access to Starlink, the satellite internet service operated by SpaceX. Reports of the interview describe arrests and asset seizures as talk and rumors raised in the interview, not as a formal Democratic plan that has been announced.

Trump, for his part, framed the issue as political retaliation in waiting. Democrats, he suggested, would use a House majority to target the people who helped carry out his agenda, and a pardon would be his answer.

Why Musk is at the center of the fight

Few private citizens have been as closely tied to a presidency as Musk has been to Trump’s second term. He led DOGE, the government-cutting initiative that sought to shrink agencies, cut programs, and reshape the federal workforce. Supporters cast the effort as a long-overdue attack on waste. Critics argued it moved too fast, cut essential services, and gave an unelected billionaire extraordinary power over public money.

Musk has also become one of the largest political donors in American history. USA Today, citing The New York Times, reported that he spent nearly $290 million to help Trump in the 2024 election and has poured $474 million into boosting Republicans in the 2026 midterms, including $212 million to help Texas Republican Senate nominee Ken Paxton.

That combination — a governing role, vast business interests that depend in part on federal contracts, and enormous campaign spending — is why Democrats have repeatedly said Musk’s record would be a natural subject for oversight if they gain subpoena power. It is also why Trump treats any threat to Musk as a threat to his own administration.

The Biden precedent Trump cited

Trump’s reference point was former President Joe Biden’s final hours in office in January 2025, when Biden issued preemptive pardons to people he said could face politically motivated prosecutions. Those pardoned included Dr. Anthony Fauci, the former White House medical adviser; retired Gen. Mark Milley, the former chairman of the Joint Chiefs of Staff; members and staff of the House committee that investigated the January 6, 2021, attack on the Capitol; and members of Biden’s own family, including his son Hunter Biden.

Trump’s own first-day action in his second term was also sweeping: he pardoned roughly 1,500 defendants connected to the January 6 Capitol riot, a move he invoked again on the podcast with the line, “I did it for J6.”

Preemptive pardons are rare, but they are not new. A presidential pardon applies to federal offenses, and it can be issued before any charge is filed. What it cannot do is stop Congress from investigating. A House committee can still hold hearings, demand documents, and issue subpoenas even if the witnesses involved have been pardoned. A pardon removes the threat of federal prosecution for the conduct it covers; it does not erase the political fight over that conduct, and it does not shield anyone from state charges.

That distinction matters for how Trump’s remarks will be read in Washington. As a legal shield, a pardon would be broad but limited. As a political signal, it is unmistakable: Trump is telling his allies, one day before the election, that he will protect them if Democrats use a new majority against them.

One day before the midterms

The interview landed at a tense moment for Republicans. All 435 House seats and 35 Senate seats are on the ballot on Tuesday, November 3, along with 36 governorships. Democrats are strong favorites to take the House, according to USA Today, and need a net gain of only three seats for a majority of 218. In the Senate, Democrats need a net gain of four seats to reach 51.

Trump’s approval rating has also become a central backdrop to the final day of campaigning. The New York Times poll tracker put his approval at 36 percent, with 61 percent disapproving, USA Today reported on Monday morning — the lowest pre-midterm rating for any president in 80 years. Final New York Times/Siena polls in seven Senate battlegrounds showed Democrats ahead in five Republican-held states, although most of those leads were within the margin of error.

Trump is scheduled to deliver his closing midterm message at the Lincoln Memorial Reflecting Pool in Washington at 2:00 p.m. Eastern on Monday, capping a weekend blitz that included rallies in Iowa and Kansas. The pardon remarks, released hours before that speech, are likely to become part of the closing argument itself: a warning to voters that a Democratic Congress would mean investigations, and a promise to his own team that he would stand behind them.

What happens next

Nothing in Trump’s remarks creates a pardon by itself. A pardon would only become relevant if Democrats win at least one chamber, launch investigations, and the Justice Department moved toward charges — a chain of events that is far from certain. Democrats have not said they would seek criminal charges against Musk, and congressional investigations alone do not produce prosecutions.

But the remarks change the stakes of Tuesday’s vote in one clear way. If Republicans hold Congress, the pardon question is likely to fade. If Democrats win the House, it will return immediately, as the first test of how far Trump is willing to go to shield the people who built his second-term agenda.

Voters will begin answering that question on Tuesday, when polls close first in Georgia and South Carolina at 7:00 p.m. Eastern.

Frequently Asked Questions

What did Trump say about pardoning Elon Musk?
Trump said he would consider preemptive pardons for Musk and other aides if Democrats take Congress and pursue investigations against them, telling the “Pod Force One” podcast: “I would if I needed to, sure.”

Has Trump actually pardoned Musk?
No. He discussed the possibility in an interview released November 2, 2026. No pardon has been issued.

What is a preemptive pardon?
It is a presidential pardon issued before a person has been charged with a federal crime. Former President Joe Biden issued several in January 2025, and Trump pardoned about 1,500 January 6 defendants on his first day back in office.

Would a pardon stop a congressional investigation?
No. A pardon covers federal prosecution, not congressional oversight. A House committee could still investigate, hold hearings, and issue subpoenas.

Why would Democrats investigate Musk?
Democrats have signaled they could examine his role leading the Department of Government Efficiency, his companies’ federal contracts, and decisions affecting Ukraine’s access to Starlink if they win control of the House.

Sources

USA Today, “Trump says he would issue pardons to Elon Musk, aides if necessary” — https://www.usatoday.com/story/news/politics/elections/2026/11/02/trump-floats-pardons-elon-musk-aides/92561426007/

New York Post, “Trump says he’ll use preemptive pardons to protect staff, allies if Dems take Congress” (via “Pod Force One,” November 2, 2026) — https://nypost.com/2026/11/02/us-news/trump-says-hell-use-preemptive-pardons-to-protect-staff-allies-if-dems-take-congress/

People, “Trump Says He’ll Issue Preemptive Pardons for His Staff and Allies If Democrats Take Control of Congress in 2026 Midterms” — https://people.com/trump-says-he-s-prepared-to-issue-preemptive-pardons-for-his-staff-and-allies-12206933

USA Today, “Election live updates: Trump to make final midterm pitch at Reflecting Pool” — https://www.usatoday.com/story/news/politics/elections/2026/11/02/midterm-elections-news-updates-polls–live/92387083007/