Trump Says He Would Pardon Elon Musk and Aides If Necessary

President Donald Trump said he would consider issuing preemptive pardons to Elon Musk and other White House aides if he believed it was necessary to protect them from Democratic investigations. Trump made the remarks in an interview on the New York Post podcast Pod Force One, aired on Monday, November 2, one day before the November 3 midterm elections.

Trump was asked about the potential for House Democrats to arrest Musk and seize his assets if they gain power after the midterms. "It's talk, but if it is talk, we'll have to protect them," he said.

He pointed to the pardons issued by his predecessor. "That's what Biden did. He gave everybody a pardon. I would if I needed to, sure. I wouldn't even think about it. I did it for J6," Trump said.

Other outlets report the same interview

The Wall Street Journal independently reported the same interview, quoting Trump saying he would consider pardons for allies including Elon Musk. The Journal noted that Democrats have vowed to investigate the Trump administration if they win back one or both chambers of Congress.

Axios also reported the pledge on November 2. Axios said Trump vowed to preemptively pardon his own staffers and Musk should Democrats seize control of Congress in the midterms, and that Democrats have signaled they could use subpoena power to launch investigations.

What a Democratic House could investigate

Democrats are strong favorites to take control of the House in the November 3 midterm elections, according to USA TODAY. A House win would put Democrats in control of the committees that pursue investigations.

If Democrats take back the House, they have signaled they could pursue investigations into Musk's run leading the Department of Government Efficiency, his companies' federal contracts, and his potential role in cutting Ukraine's access to the Starlink satellite internet service operated by SpaceX.

Musk has spent heavily for Republicans

Musk spent nearly 290 million dollars to help Trump in the 2024 election. He has poured in 474 million dollars to boost Republicans in the 2026 midterm election, including 212 million dollars to help Texas Republican Senate nominee Ken Paxton. USA TODAY reported those figures, citing The New York Times.

The Biden precedent and Trump's own record

Before leaving the White House in 2025, President Joe Biden issued preemptive pardons to former Rep. Liz Cheney, Adam Schiff and other members of the House Jan. 6 select committee, Dr. Anthony Fauci, Gen. Mark Milley, and Biden's son Hunter Biden and other family members.

Trump has granted clemency to more than 1,700 individuals in his second term. The vast majority of them were people charged in the January 6, 2021 storming of the Capitol. He has also pardoned dozens of business figures convicted of white-collar crimes.

Trump's comments came on the eve of the vote that will decide control of Congress. Whether he acts on them will rest on the election result on November 3 and on whether he decides the protection he described is needed.