President Donald Trump has privately discussed running for a third term with his former lawyer, who is writing a book on whether it could happen, according to reports.
Newsweek contacted the White House via email outside of regular business hours for comment.
Why It Matters
Trump’s recent discussions—both private and public—regarding a potential third presidential term have reignited debate about constitutional limits on presidential tenure in the United States.
It carries significant constitutional and political implications, touching on the boundaries of executive power and the durability of the nation’s two-term precedent, established with the 22nd Amendment in 1951.
Trump’s musings on the matter have fueled widespread speculation among political allies and critics, raising questions about legal interpretations and the health of American democracy.
What To Know
Trump’s former legal adviser, Alan Dershowitz, met with the president to present a draft of his forthcoming book, Could President Trump Constitutionally Serve a Third Term?, which explores whether the Constitution is truly unambiguous on the two-term limit, The Wall Street Journal has reported.
The U.S. Constitution’s 22nd Amendment states: “No person shall be elected to the office of the president more than twice.”
Despite this, Trump has repeatedly hinted at his interest in serving beyond a second term, at times framing his comments as hypothetical, jokes, or responses to supporters’ calls for him to run again.
Dershowitz described the Constitution as “not clear” on the details of presidential succession and third-term eligibility in certain hypothetical scenarios.
He told The Wall Street Journal: “I said, ‘It’s not clear if a president can become a third-term president and it’s not clear if it’s permissible.’”
According to Dershowitz, Trump found the issue interesting, but did not indicate concrete plans to challenge the two-term restriction.
He said: “Do I think he’s going to run for a third term? No, I don’t think he will run for a third term.”
In his new book, Dershowitz outlines scenarios in which Trump could return to the presidency.
One idea: Trump runs for a third term, wins, and Electoral College members abstain from voting. In that case, Congress—not voters—would choose the president. “They then select, and not elect, the president,” Dershowitz said.
Dershowitz noted this would be unprecedented; the National Constitution Center says electors have abstained only twice in U.S. history, and never triggered a congressional decision.
What Trump Has Said About Running for a Third Term
Trump has publicly addressed speculation of a third term on multiple occasions.
In October, speaking with reporters aboard Air Force One, he said: “If you read it, it’s pretty clear. I’m not allowed to run. It’s too bad.”
Similarly, in a March interview with NBC News, Trump did not rule out the topic entirely, saying: “There are methods which you could do it,” but added, “it is far too early to think about it.”
Further, in an August CNBC interview, Trump said, “no, probably not” when asked if he would run for a third term, though he added, “I’d like to.”
What People Are Saying
Alan Dershowitz told The Wall Street Journal: “[Trump] found it interesting as an intellectual issue.”
White House chief of staff Susie Wiles told Vanity Fair this week that Trump “knows he can’t run again.”
Senate Majority Leader John Thune said, “Not without a change in the Constitution,” in reference to Trump serving a third term, telling reporters: “I think that you guys keep asking the question and…I think he is having some fun with it, probably messing with you.”
Republican House Speaker Mike Johnson told reporters: “He and I have talked about the constrictions of the Constitution.”
Legal scholar James Sample, a professor at Hofstra University in New York, dismissed workarounds as “absurd.”
He said in an emailed statement to The Wall Street Journal: “The one scenario about which I think there is quasi-credible concern is a scenario in which two allies—perhaps [Vice President] JD Vance and Donald Trump Jr. or whomever, run with a plan not to serve; resign upon taking office; and because the speaker of the House is not required to be a member of Congress, Trump is elected speaker, with the aim of succession.”
What Happens Next
While Trump continues to feed speculation, there is no evidence of an active or credible attempt to circumvent the 22nd Amendment.
Removing the two-term limit would require a constitutional amendment passing both chambers of Congress and being ratified by three-quarters of states, a process described as extremely arduous and unlikely in the current political environment.
