It’s far-fetched but not impossible.
For months Trump has alternately encouraged and then tamped down speculation that he might seek a third term. Wednesday, he acknowledged the constitutional reality that “it’s pretty clear I’m not allowed to run”. But since it’s always a mistake to assume that any Trump statement is his final word, the third term idea will likely surface again at some point.
So how seriously should we take this? My conclusion: moderately seriously. Pay attention, but don’t lose your mind about it. That’s an attitude I’m trying to model this post.
The main reason to take it somewhat seriously is this: If Trump floated an idea like this and nobody pushed back, before long he’d be doing it. As you may remember from junior high, that’s how bullies operate. Every abuse, from pulling your pony tail to rape, starts as a joke. “Why do you have to be like that? I was just kidding around.” But if your response to the joke indicates that he might get away with it, it’s game on.
The main reason not to take it seriously is the 22nd Amendment, which seems pretty clear:
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.
And yet, Steve Bannon believes he has a way to get around that prohibition.
“There’s many different alternatives,” Bannon said when asked about the 22nd Amendment. “At the appropriate time, we’ll lay out what the plan is.”
And Trump himself said back in March “There are methods which you could do it.”
So let’s think about what those methods might be.
Is there a loophole? Sort of. In a New Yorker conversation with Michael Luo, Ruth Marcus explains:
Note that it says “elected . . . more than twice,” not “serve as President for more than two terms.” The way—maybe—to get around that would be to have Trump elected Vice-President, and then to have whoever is the incumbent President resign to make way for a third Trump term. (Trump himself, by the way, said that this approach was “too cute,” and that “the people wouldn’t like that.”)
Alternatively, and even more fancifully, Trump could be elected Speaker of the House (you don’t have to be a House member to be Speaker), putting him in line for the Presidency, and both the elected President and Vice-President would clear the decks for him.
Marcus’ “maybe” depends on how the Supreme Court interprets the 12th Amendment, which says:
But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Again, though, Trump could argue that he’s not ineligible to be president, he’s just ineligible to be elected president. So maybe the same loophole covers the 12th Amendment too. An honest Supreme Court — especially one that puts so much emphasis on the original intent of the laws — would not allow this, but we don’t have an honest Supreme Court. So maybe it flies.
Could it work? Not if the 2028 election has anything to do with the will of the American people. Remember a few things:
- As much as he hates to admit it, Trump got decisively defeated in 2020. It wasn’t close. Since then, he has had ample opportunity to come up with evidence to back his claims of fraud, and has produced nothing.
- His reelection in 2024 was close. For the third time, he failed to get half the vote.
- It didn’t take long for Trump to remind voters why they didn’t like him at the end of his first term. He hasn’t kept most of the promises he made in 2024. In particular, his critique of Biden centered on inflation, which he pledged to reverse on Day One. But inflation has not improved, partly because of Trump’s tariffs. He has kept his promise to focus on deportations, but his claim that he could deport “millions and millions” of dangerous criminals has turned out to be false. To get any kind of numbers at all, he has had to deport dishwashers, landscapers, and nannies — many of them abducted by ICE’s masked thugs. This is not popular.
- He got a momentary bump in the polls from the apparent Gaza peace plan, which is looking more and more ephemeral. Now his popularity is almost as low as it has ever been, and continuing to sink.
Not to mention the fact that Trump is right: The plan to run a stooge (or two stooges) who then resign is too cute for the public to back. And then there’s the execution problem: Would you trust J. D. Vance to resign once he had been sworn in as President? Trump doesn’t seem like the trusting type.
Summing up: In any free and fair election, a Stooge/Trump or Stooge/Stooge ticket would lose in a landslide. Anybody who seriously proposes the plan, i.e., Steve Bannon, must also be planning to rig the election in a significant way. A small amount of corner-cutting wouldn’t do the job.
Whether that can happen or not is a different topic.
Does Trump understand that it won’t work? Hard to say. He seemed to understand it Wednesday, but I have long subscribed to the theory of Trump’s mind that David Roberts enunciated in 2016:
When he utters words, his primary intent is not to say something, to describe a set of facts in the world; his primary intent is to do something, i.e., to position himself in a social hierarchy. … Even to call him dishonest, to say he “lies,” doesn’t quite seem to capture it. The whole notion of lying presumes beliefs — to lie is to say something that one believes to be false, to knowingly assert something that does not correspond to the facts.
It’s not that Trump is saying things he believes to be false. It’s that he doesn’t seem to have beliefs at all, not in the way people typically talk about beliefs — as mental constructs stable across time and context. Rather, his opinions dissolve and coalesce fluidly, as he’s talking, like oil on shallow water. That’s why he gives every indication of conviction, even when, say, denying that he has said something that is still posted on his Twitter feed.
Wednesday, Trump found it useful to agree with people like Mike Johnson that he can’t run. (Of course, he also said this was “sad”, because “I have my highest numbers that I’ve ever had”, which is completely delusional. So Wednesday’s comment did not come at some moment of peak lucidity.) Tomorrow, he may find it useful to agree with Steve Bannon.
What makes this problematic for Republicans in general, even the fascist ones, is the Mad King problem: No one can tell Trump he is wrong. So if he starts asserting that one of the third-term scheme works, and in fact works easily because he’s so popular, who’s going to tell him that some serious election-rigging is needed?
Meanwhile, no Republican legally entitled to compete for the presidency can start organizing a campaign, for fear of antagonizing the Mad King. Typically, the primary field starts to assemble in earnest after the midterm elections, so there’s still time. But Democrats like Governors Newsom and Pritzker are already starting to position themselves. Republican candidates would too if the field were clear.
What does the third-term talk accomplish for Trump? At least for his followers (or for Republicans intimidated by his followers), talk of a third term pushes back the moment when he becomes a lame duck. No one is going to risk breaking the law for him if they anticipate someone else holding the presidency soon. But the fantasy of Trump remaining in office indefinitely keeps that realization at bay.
The Weekly Sift 