Turn about is fair play, and President Trump is obviously well aware of that axiom.
Trump says he is prepared to consider preemptive pardons for administration officials if Democrats pursue them after Tuesday’s midterm elections or if a Democrat wins the 2028 presidential race (Heaven forbid).
Trump discussed the possibility during a “Pod Force One” interview with New York Post columnist Miranda Devine released Monday. The president said pardons could protect White House employees and other allies from federal prosecutions he believes could follow a Democratic congressional takeover.
“I would if I needed to. Sure,” Trump said when Devine asked whether he would preemptively pardon people who worked for him. Pressed further about whether that protection could extend broadly across his administration, Trump responded, “I’d do it.”
The comments represent Trump’s clearest indication yet that he could use presidential clemency to protect employees before any criminal charges are filed – just like Joe Biden, his predecessor, who was the first president to ever issue “preemptive” pardons.
White House attorneys have already been evaluating potential pardons for junior staffers, according to reporting published before Trump’s latest comments. Those discussions reportedly include potentially granting pardons to employees who worked in specific policy areas rather than automatically covering every administration employee.
Immigration enforcement, military policy and trade were among the areas reportedly discussed as possible categories for broader protection. Conservative organizations have also pressed the White House to protect lower-level employees who could face investigations, legal expenses or potential prosecution.
The Heritage Foundation, American Moment and Article III Project President Mike Davis were among those reportedly urging the administration to consider action. The proposal comes as Trump officials prepare for potentially aggressive congressional investigations if Democrats gain control of one or both chambers. Reuters reported Sunday that White House lawyers have been preparing administration officials for subpoenas and document demands under a possible Democratic-controlled Congress.
The administration has also examined executive privilege and other legal protections that could limit congressional access to sensitive communications and administration records. Democratic lawmakers have already been publicly discussing investigations into Trump, his administration and allies if their party gains congressional investigative authority.
Sen. Elissa Slotkin of Michigan (oh, she of ‘Seditious Six’ fame) recently argued Democrats should pursue selected cases involving people she described as enabling Trump’s administration. Those comments have intensified concerns among Trump allies that lower-ranking administration employees could face expensive legal battles after leaving government.
Trump raised similar concerns while speaking to reporters after voting early in Florida on Oct. 24. At that time, Trump said he had not specifically considered pardoning junior administration officials but believed he possessed the constitutional authority to do so. “I certainly don’t wanna see innocent people go through hell and lose all their money,” Trump told reporters.
Trump has repeatedly pointed to former President Joe Biden’s final presidential pardons as justification for considering similar protections for his own allies. Biden issued preemptive pardons before leaving office to several family members and prominent officials who feared investigations under the incoming Trump administration. Those receiving protection included Dr. Anthony Fauci, retired Gen. Mark Milley and members and staff of the House committee investigating the Jan. 6 Capitol riot.
Biden also pardoned several relatives, while previously granting his son Hunter Biden a sweeping pardon covering federal offenses over an extended period.
