US President Donald Trump has indicated that he could grant pre-emptive pardons to billionaire entrepreneur Elon Musk and some of his associates if Democrats take control of Congress in the November 3 midterm elections. The move could shield them from potential legal exposure as Democratic lawmakers prepare to investigate Musk’s business interests and his connections to the Trump administration.

In an interview with Miranda Devine on the Pod Force One podcast, Trump was asked whether he would protect Musk and members of his team from investigations expected if Democrats regain congressional control.

Trump responded that the administration would have to protect them, although he initially dismissed Democratic threats as “all talk.” He subsequently said he would consider pardons if necessary, adding that he “would not even think about it.”

Trump also referred to former President Joe Biden’s pardons for members of the House Select Committee that investigated the January 6, 2021, attack on the US Capitol, using them to defend the possibility of similar action.

Why Democrats want to investigate Musk

Musk, the chief executive of Tesla and SpaceX and former head of the Department of Government Efficiency (DOGE), has become a potential focus of Democratic congressional scrutiny.

Democrats have raised questions about possible conflicts of interest involving Musk’s companies and their government contracts, as well as his relationship with the Trump administration.

According to a Democracy Defenders Fund analysis cited by Forbes, Musk’s companies have received approximately $10 billion in government contracts and grants since he left DOGE.

Among the agreements drawing attention are a $5.9 billion SpaceX contract with the US Space Force for space-launch infrastructure, a $2.29 billion contract related to a space-based data network and a $200 million Pentagon contract with Musk’s artificial intelligence company, xAI, for military applications.

Democratic lawmakers could also examine Musk’s role in DOGE-related government spending cuts, allegations concerning Starlink’s satellite access in Ukraine and reported pressure involving a Federal Aviation Administration contract.

Musk warns Democrats against targeting him

Musk has already signalled that he would strongly resist investigations targeting him or his companies.

In a post on X last month, he warned that those pursuing him should understand that he would seek to identify the people directing the investigations rather than simply targeting their political representatives.

Trump was also asked whether he would consider pardoning Edward Coristine, a former 19-year-old DOGE staffer known online as “Big Balls,” if Democrats investigated him. The president did not rule out the possibility.

Trump addresses third-term speculation

During the same interview, Trump appeared to dismiss speculation that he might attempt to serve a third presidential term.

Referring to the US Constitution, he said its language was “very exacting,” indicating that he recognised the constitutional restrictions on serving more than two presidential terms.

The 22nd Amendment to the US Constitution generally prohibits anyone from being elected president more than twice.

Midterm elections could intensify political confrontation

The November 3 midterm elections could determine whether Democrats gain control of the House of Representatives, the Senate or both. A Democratic majority would give the opposition greater authority to conduct congressional investigations, issue subpoenas and scrutinise federal spending and executive decisions.

However, congressional investigations and criminal prosecutions are separate processes. A congressional majority cannot itself bring criminal charges, and a presidential pardon does not prevent Congress from conducting investigations or demanding testimony and documents.

Trump’s comments have added another dimension to the increasingly contentious relationship between the administration, Musk and Democratic lawmakers as the midterm elections approach.

The possibility of pre-emptive pardons also raises broader questions about presidential clemency powers, accountability for government contracts and the relationship between political influence and federal oversight.