Elections · Washington

Trump says he may pardon allies, even Musk, before US midterm elections

A day before the midterms, Trump told the New York Post's podcast that he could issue preemptive pardons to close allies, including Elon Musk, if Republicans lose control of Congress.

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Washington · United States
How it came to this
  1. Mid-October 2026Reports say Democrats could expand investigations into Elon Musk if they win the midterms
  2. 2 NovTrump's New York Post podcast interview is published, raising the prospect of preemptive pardons
  3. 3 NovMidterm elections take place

Preemptive pardons on the table

President Donald Trump said in an interview with the New York Post, published as a podcast on Monday, 2 November, that he could grant preemptive pardons to close allies ahead of the midterm elections, in which his party could lose its majority in Congress. Asked whether he would do this for people who had worked with him, he said he would not even think about it and would simply do it. He pointed to the pardons he issued to supporters convicted over the attack on the US Capitol on 6 January 2021, which he granted from the first day of his second term in January 2025. He also recalled that former president Joe Biden had issued preemptive pardons to relatives and associates shortly before the end of his term.

Musk and the threat of investigations

Elon Musk, the largest donor to the Republican Party's campaign and a close Trump ally, has been drawn into the debate over possible congressional scrutiny. In mid-October, reports said Democrats could expand parliamentary investigations into him if they win the midterms. When a New York Post reporter raised the prospect of a possible arrest of the billionaire, Trump said those were only words, but that if it happened, his allies would need to be protected. Citing a Politico article published in October, the reports said senior Democrats were studying how various committees could target Musk and a wide range of his companies. The subjects mentioned in the press include his role in restricting his Starshield satellite network in Ukraine, the deep cuts made in 2025 to the federal government by the Department of Government Efficiency (Doge), and possible conflicts of interest over federal contracts and subsidies awarded to SpaceX and Tesla. Democrats also accuse Trump and his circle of growing much richer during the first two years of his second term in the White House, citing many conflicts of interest.

What a Democratic House and Senate would do

A Democratic House majority, which requires 218 seats, would stop Republicans from passing laws without opposition support and could open investigations into the administration. Such committees would be able to demand documents, take depositions and call officials to testify. Representative Robert Garcia, the top Democrat on the House Oversight Committee, has made the possible corruption cases linked to the Trump family his first priority. Representative Jamie Raskin has requested information on the business activities of Jared Kushner, the president's son-in-law, and Donald Trump Jr. The Justice Department had already missed its legal deadline for releasing all documents related to Jeffrey Epstein, and when it did publish material it released only part of the records. A Democratic Senate could delay or block confirmations of ministers, ambassadors and federal judges, including Supreme Court members, and could stall legislation the government wants passed. Reports also say pressure from the Democratic base for a third impeachment of Trump could intensify, although removing a president requires a two-thirds conviction vote in the Senate.

The Senate map and Trump's own forecast

At the start of 2026 Republicans held 53 Senate seats against 47 for Democrats and were seen as favourites to keep or slightly widen their majority. Of the 35 Senate races held this year, 23 are in states Trump won in 2024. Susan Collins of Maine is the only sitting Republican senator seeking re-election in a state Trump lost. Trump's approval rating stood at about 44% in January, according to the RealClearPolitics polling average, a level that was manageable for the party at the time. Republicans could point to strong economic growth, low unemployment, low fuel prices, a closed southern border and falling crime.

2026 Senate races, total and in Trump-won statesraces
Total Senate races in 2026
35 races
Races in states Trump won in 2024
23 races

Data from the article text

Trump's veto warning

In the same interview Trump said that if Republicans lose Congress he would become what he called 'Mr. Veto', vetoing measures again and again. He added that after a month or two of rejected bills, Democrats would come to him and a deal would probably follow. He acknowledged that the party of a sitting president usually loses seats in midterm elections, but said he had campaigned harder for this year's midterms than ever before. Voting takes place on Tuesday, 3 November, when all House seats and one third of Senate seats are contested.

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