Trump Floats Preemptive Pardons, Vetoes if Democrats Take Congress

Status as of 8:30 a.m. ET Monday, Nov. 2. This report is based on Trump’s remarks as published by the New York Post and reported by Axios, The Hill and other outlets, and on official House, Justice Department and National Archives records. No votes have been counted.

Trump floats preemptive pardons for his administration’s staff and allies, and says he would become “Mr. Veto,” if Democrats win control of Congress in Tuesday’s midterm elections. He made the remarks to New York Post columnist Miranda Devine on her “Pod Force One” podcast, in an episode released early Monday, Nov. 2, according to Axios and the Post.

What happened

Devine asked Trump whether he would grant pardons to protect current and former administration officials if Democrats moved to prosecute them. “I would if I needed to. Sure,” Trump said, according to the New York Post and Axios. Asked whether that would extend to everyone who had worked for him, he said, “I’d do it,” and added, “I did it for J6,” the Post and The Times of India reported.

The reference was to the proclamation Trump signed on Jan. 20, 2025, his first day back in office, granting pardons and commutations for offenses connected to the events at the U.S. Capitol on Jan. 6, 2021. The Justice Department lists that proclamation on its record of clemency grants by President Trump. The Post and The Times of India put the number of Jan. 6 defendants covered at about 1,500.

Trump also pointed to his predecessor. “That’s what Biden did. He gave everybody a pardon,” he said, according to the Post. Former President Joe Biden issued preemptive pardons in his final days in office in January 2025 to people including Dr. Anthony Fauci, retired Gen. Mark Milley and members and staff of the House committee that investigated Jan. 6, the Post noted.

Devine also asked about talk among some Democrats of acting against Elon Musk, the SpaceX and Tesla chief executive. “It’s talk. But if it is talk, we’ll have to protect them,” Trump said, according to Axios and the Post.

The veto remarks

Excerpts released on Sunday showed Trump describing how he would handle a Congress controlled by Democrats. “I guess I’ll become Mr. Veto,” he said, according to the New York Post, The Hill and the Washington Examiner. “And then at some point, we’ll probably make deals.”

“They’ll be sending stuff up. You veto it,” Trump said, as quoted by the Post. He said that “after a month or two” of vetoes, the two sides would make a deal. “I think that probably would happen, but hopefully we don’t have to worry about that,” he added. In another part of the interview, he said, “if we didn’t win, I’d veto everything,” the Post reported, and CNN reported the same line on Monday.

Latest development

The full episode was published early Monday, Axios reported. In it, Trump also said he would “love to run again” for president, but that “the language is very exacting,” according to the Post and Axios. The 22nd Amendment to the U.S. Constitution, as published by the National Archives, says no person shall be elected president more than twice. “You know, we have more than two years left. That’s a long time. You can do a lot in that period of time,” Trump said, according to Axios.

LiveNewsWorld had not found a formal response from Democratic congressional leaders to the pardon or veto remarks as of this report. Some Democrats have said a Democratic majority would investigate the administration, the Post reported.

Why it matters

The remarks preview how Trump could use two presidential powers if his party loses one or both chambers. Republicans hold a 53-47 Senate majority, and Democrats need a net gain of four seats to win control, according to The Associated Press and Reuters. Our explainer on what is at stake in the 2026 midterm elections covers what each chamber controls.

Vetoes. Under Article I, Section 7 of the Constitution transcript at the National Archives, a vetoed bill becomes law only if two-thirds of the House and two-thirds of the Senate vote to pass it again. The House Office of the Historian veto table lists 10 regular vetoes by Trump in his first term, with one overridden, and two vetoes so far in the 119th Congress, with none overridden. See our guide on how a presidential veto works.

Pardons. Article II gives the president the power to grant “Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” That means a pardon covers federal offenses only. It does not reach state prosecutions, and it does not apply to impeachment. The Post also noted that pardons do not protect against civil lawsuits.

A Democratic majority could still decline to pass bills Trump wants, and a Democratic Senate could block his nominees, The Independent reported, citing Reuters. LiveNewsWorld does not publish predictions or win probabilities for House or Senate control.

What happens next

Election Day is Tuesday, Nov. 3. Our guide to when 2026 midterm results will be known explains why some House and Senate races may take days to count.

Under the 20th Amendment, the terms of members elected on Tuesday begin at noon on Jan. 3, 2027. Until then, the current Republican majorities remain in place.

Trump did not name anyone who would receive a preemptive pardon, and none has been announced. LiveNewsWorld will report any clemency from the official Justice Department record.

Related live coverage

Track every contested seat on our 2026 House election results page and our US Senate elections 2026 results page. Find every guide in the US Midterm Elections 2026 hub, and follow Washington news on US Politics Live.

Sources

• New York Post: Trump interview excerpts on “Pod Force One” with Miranda Devine (Nov. 1 and Nov. 2, 2026)
• Axios: Trump vows to protect Musk, floats pre-emptive staff pardons (Nov. 2, 2026); The Hill and Washington Examiner (Nov. 1, 2026); CNN live updates (Nov. 2, 2026); The Times of India (Nov. 2, 2026)
• The Associated Press and Reuters (via The Independent): Senate majority and campaign context (Oct. 30 to Nov. 1, 2026)
• U.S. House of Representatives, Office of the Historian: Presidential Vetoes table; U.S. Department of Justice, Office of the Pardon Attorney: Clemency Grants by President Donald J. Trump (2025-Present)
• National Archives: Constitution transcript and Amendments 11-27. Sources last updated 8:30 a.m. ET Monday, Nov. 2, 2026.