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Alan Dershowitz, a former lawyer for President Donald Trump, recently said in an interview that he and Trump have discussed the possibility of Trump running for a third term in office — an action that would violate the U.S. Constitution.
Speaking to The Wall Street Journal, Dershowitz, who was part of Trump’s legal team during his first impeachment trial, said the discussion took place at the White House this week, after he had delivered a draft of his planned book, entitled Could President Trump Constitutionally Serve a Third Term?
Dershowitz indicated that he was ambiguous on whether Trump could run for a third term.
“I said ‘it’s not clear if a president can become a third-term president and it’s not clear if it’s permissible,'” he recounted of his conversation with Trump.
Dershowitz told The Wall Street Journal that he was doubtful Trump would actually try to test the constitutional limits.
“Do I think he’s going to run for a third term? No, I don’t think he will run for a third term,” he said.
The 22nd Amendment makes clear that a person cannot run for a third term in office if they’ve previously been elected president two separate times.
“No person shall be elected to the office of the President more than twice,” the amendment reads.
Although Dershowitz doesn’t believe Trump will run, others have indicated the lawyer believes Trump could potentially try for a third term.
In comments at a Hanukkah candle-lighting ceremony earlier this week, billionaire conservative donor Miriam Adelson suggested she had discussed the idea with Dershowitz, who was also at the event.
“Alan, I agree with you. So, we can do it, think about it,” Adelson said.
During that event, Trump indicated that Adelson had pledged to donate $250 million to support a potential third term. Adelson confirmed Trump’s words, stating, “I will give.”
Already the oldest person ever elected to the presidency, Trump would break his own record if he tried for a third term and somehow won, being 82 years old on Election Day 2028.
In October, Trump told reporters that, although he was focused on his current term, he was definitely considering running again.
“I would love to do it. I have my best numbers ever,” Trump claimed, despite his polling numbers being in the negative territory at the time.
Trump suggested there were a number of ways he could potentially become president again. One scenario would be for him to run as vice president, and for his ticket to win, only for whoever was the president on that ticket to resign immediately upon being sworn in, leading Trump to succeed to the presidency without having to be elected.
That method could run afoul of the 12th Amendment’s limitations on vice presidents, who cannot serve in that office if they are deemed ineligible to become president of the United States — which could apply to Trump due to the restrictions outlined in the 22nd Amendment. Trump has also gone on the record to say that he is not planning to pursue that route.
Polling indicates that most Americans do not want Trump to try for a third term. According to an Economist/YouGov survey conducted earlier this year, 70 percent of voters said he shouldn’t pursue a third term in the White House, while only 17 percent said he should.
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