Lawmakers spar over possible Trump third term as president leaves door open

WASHINGTON — Some Democratic senators say Donald Trump’s recent acknowledgment of constitutional challenges to seeking a third term should end any notion that he could run again.

But some of the president’s Republican allies aren’t ruling it out. And one conservative group has begun building a road map toward a legally uncertain third term.

The 45th and 47th president, for months, has left ample wiggle room in his answers to questions about whether he might at least try seeking another four years in the White House in 2028. Earlier this year, Trump said his legal gurus were exploring ways he could do so.

But for the first time during his second term, the president sounded more definitive Wednesday.

“If you read it, it’s pretty clear,” he said of the Constitution as he traveled from Japan to South Korea on Air Force One. “I’m not allowed to run. It’s too bad, I mean, stupid. But we have a lot of great people.”

Massachusetts Sen. Elizabeth Warren, who sought the 2020 Democratic nomination for president, said the Constitution has always prohibited another Trump campaign.

“The book was closed by the Constitution of the United States. The book says two [terms]. That’s it, he’s done,” the former law professor said.

Senate Judiciary member Richard Blumenthal said talk of another Trump term amounted to “magical thinking,” adding: “I’ve never seen one iota of realistic prospect that he could legally be a candidate again.”

“The book was closed before he made that comment [on Wednesday],” the Connecticut Democrat and former state attorney general said. “It seemed to be a way to distract from other real issues and problems.”

But Alabama GOP Sen. Tommy Tuberville, a close Trump ally, said a 2028 White House bid would be up to the president — down the road.

“That’s all up to him. He’s made a case that he actually won in 2020, but they deemed he wasn’t [the winner],” Tuberville said. “So, I don’t know. That’s a discussion for another year or so.”

For his part, Trump has at times appeared to enjoy teasing a fourth presidential campaign, even as recently as Monday.

“I would love to do it,” Trump told reporters on Air Force One while traveling in Asia. “I have the best [poll] numbers ever.”

Asked if he was not ruling out a third term, the president said, “You’ll have to tell me.”

During that Monday exchange, Trump named two senators-turned-lieutenants as best positioned to capture the 2028 GOP nomination.

“We have one of them standing right here,” Trump said as the plane shook amid turbulence, pointing to Secretary of State Marco Rubio, who accompanied him on the Asia trip. Trump also mentioned his vice president, JD Vance: “We have JD, obviously, the vice president, who’s great. Marco’s great.”

Trump, for the first time, floated the notion of a Republican ticket featuring his top diplomat and his second in command — but he has not signaled which name he would prefer at the top.

“I’m not sure if anyone would run against those two,” Trump told reporters. “I think if they ever formed a group, it would be unstoppable.” Several recent state-level polls show Vance with an early advantage in a 2028 GOP primary field that doesn’t include Trump.

‘The president knows’

On the flip side, Illinois Gov. JB Pritzker told SiriusXM on Oct. 23 that Democrats have “a hell of a bench” for 2028.

“I think there are a whole bunch of people that are qualified to do that, and maybe more so than quite some time now,” said Pritzker, who is running for a third term next year and is seen as a 2028 Democratic contender. “But I’m very pleased about the fact that we have a number of people that you probably would point to and say, ‘You know, they’re possibly going to run for president.’”

Speaker Mike Johnson, another top Trump ally, appeared to agree earlier this week with the president’s latest assessment.

“The president knows, and he and I have talked about the constrictions of the Constitution, as much as so many of the American people lament that,” the Louisiana Republican said at a Tuesday news conference when asked about Trump’s latest third-term comments.

“I don’t see a way to amend the Constitution because it takes about 10 years to do that,” Johnson said — but not before complimenting the “Trump 2028” cap the president likes to wear and display in the Oval Office, and noting that it was still fun to entertain the idea.

“The ‘Trump 2028’ cap is one of the most popular that’s ever been produced,” Johnson said. “And he has a good time with that, trolling the Democrats whose hair is on fire about the very prospect.”

But one longtime Trump ally recently all but guaranteed another presidential bid.

Steve Bannon, a former Trump campaign manager and onetime White House chief strategist, told The Economist in an interview recorded on Oct. 23 that Trump was “going to get a third term.”

“Trump is going to be president in ’28 and people ought to just get accommodated with that,” he told the publication.

‘The plan’

The part of the Constitution that Trump appeared to reference Wednesday was the 22nd Amendment, which caps presidents at two terms and was ratified in 1951, six years after Franklin D. Roosevelt died in office in April 1945 shortly after the start of his fourth term.

But Bannon alluded to a “plan” that could possibly circumvent the 22nd Amendment as Trump’s second-term team continues to sidestep Congress, existing laws and centuries-old norms.

“There’s many different alternatives,” Bannon told The Economist. “At the appropriate time, we’ll lay out what the plan is.”

To that end, a group called the Third Term Project, which describes itself as a “a think-tank devoted to getting President Donald J Trump his rightful third term in office,” is reportedly crafting such a blueprint.

“Trump is limited not because of his ability, but because of arbitrary length restrictions placed on his ability to govern. The Founding Fathers never put term limits into the Constitution for a reason,” according to the group’s website. “They knew that there may come a time when a leader would rise with the steadfast will to restore the liberty of the people. George Washington left on his own volition. He was not removed via arbitrary mandate.”

“Even the experts ADMIT that it can be done. So we must make it a reality,” the group added. “The Trump era must go three terms in order to secure the MAGA agenda and put the country on the trajectory for national greatness for the next one-hundred years.”

Among the possible paths the think tank is exploring include “legal challenges in the works to clear up the ambiguity regarding the 22nd Amendment.” The group contends that “the 22nd Amendment bans anyone from serving two terms in office, but it is not completely clear if that refers to two presidential terms under any circumstances or two consecutive presidential terms.”

Asked why Bannon and groups like the Third Term Project continue pushing a legally questionable concept, Warren said: “I gave up long ago trying to figure out what goes on inside Donald Trump’s head.”