Trump says he may preemptively pardon White House staff if Republicans lose midterms

President Donald Trump stated on October 24, 2026, that he has the authority to grant preemptive pardons to White House staff ahead of the 2026 midterm elections, citing potential Democratic-led investigations. White House attorneys are reportedly examining protections for officials in key policy areas like immigration, trade, and military operations. Trump cited Joe Biden's past clemency as justification, while legal experts note federal pardons do not shield recipients from state charges or civil suits.

Trump's statements on staff pardons

• ▪On October 24, 2026, President Donald Trump stated he has the constitutional authority to grant preemptive pardons to White House staffers to shield them from potential investigations
• ▪President Donald Trump cited former President Joe Biden's preemptive pardons as precedent to justify using presidential clemency to protect administration personnel from future legal costs
• ▪On October 24, 2026, President Donald Trump verbally reassured White House advisor Margo Martin that she would not have to worry about facing costly legal battles

White House attorney deliberations on staff pardons

• ▪White House attorney deliberations reported by The Washington Sun regarding preemptive pardons have focused on shielding officials involved in sensitive policy areas including immigration, trade, and military operations
• ▪White House attorneys, according to The Washington Sun, consider a blanket pardon covering all junior staffers unlikely, favoring potential protections grouped by specific policy responsibilities
• ▪On October 24, 2026, the Washington Sun reported that White House attorneys were evaluating whether to issue preemptive pardons to lower-ranking administration officials

Legal limits of presidential pardons

• ▪Presidential pardons apply exclusively to federal criminal offenses and do not prevent congressional investigations or political scrutiny
• ▪NAACP Legal Defense Fund President Janai Nelson stated on October 24, 2026, that presidential pardons do not provide absolute immunity against state prosecutions or civil lawsuits

Proposed constitutional amendment restricting pardons

• ▪Tennessee Democrat Steve Cohen sponsored the proposed constitutional amendment restricting presidential pardons alongside co-sponsors Ted Lieu, Suzanne Bonamici, and Henry Johnson
• ▪Democratic Representative Mike Levin advocated for a constitutional amendment to restrict presidential clemency and prohibit self-pardons, which requires two-thirds congressional support and state ratification

Trump's previous pardons and commutations

• ▪During President Donald Trump's first term, he granted pardons to political allies including Michael Flynn, Roger Stone, and Steve Bannon
• ▪President Donald Trump granted clemency to approximately 1,500 individuals convicted in connection with the January 6, 2021 Capitol riot
• ▪In October 2025, President Donald Trump commuted the fraud sentence of former Republican Representative George Santos less than three months into his prison term
• ▪President Donald Trump pardoned former Honduran President Juan Orlando Hernández, who was serving a 45-year sentence following a federal drug trafficking conviction