Former President Donald Trump has pledged to issue pardons to all individuals who have served in his administration, extending to the most junior White House staff members, should Democrats secure a majority in Congress on Tuesday.
'I would if I needed to. Sure,' Trump told the New York Post's Miranda Devine, confirming that the pardons would encompass every person on his payroll. He referenced his previous use of pardons, stating, 'I did it for J6,' referring to the approximately 1,500 individuals he pardoned following the January 6, 2021, attack on the Capitol, on the first day of his second term.
A Democratic majority in either the House or Senate could grant them the power to compel testimony, obtain emails, and demand public explanations from administration officials for the remainder of Trump's term.
Some Democrats have indicated specific targets for investigation, including Trump's children and actions related to ICE and corporations that engaged with the administration. Senator Elissa Slotkin has previously stated her intention to build cases against staff members who implemented Trump's directives. While the Supreme Court has granted the president immunity, this protection does not extend to his aides.
However, a pardon carries limitations. It can cover prosecutions and federal crimes but does not prevent congressional investigations, state-level charges for the same conduct, civil liability, or the impeachment process. Furthermore, accepting a pardon could compel a witness to testify, as the Fifth Amendment protection against self-incrimination would be lost. False statements made under compelled testimony could lead to new charges.
The prospect of investigations has reportedly caused concern within the White House, with the counsel's office reportedly expanding its legal team and seeking assistance from outside firms. Junior officials are said to be acquiring legal insurance, and Trump has allocated funds from his MAGA Inc. super PAC to cover potential legal expenses.
Trump is expected to invoke executive privilege over communications involving himself. Enforcement of defiance, such as criminal contempt referrals, would typically rely on his administration's Justice Department.
When asked if he himself was a target for Democrats, Trump stated he did not know. He dismissed unfavorable polls, citing the size of his rally crowds and expressing confidence that the election outcome would become clear on Tuesday night.