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Political observers are expressing alarm after several of President Donald Trump’s lifetime judicial nominees refused to say whether he is eligible to run for a third term.
During a Senate Judiciary Committee hearing on Thursday, Sen. Chris Coons (D-Del.) asked Trump judicial nominee John Marck to describe the 22nd Amendment of the US Constitution, which states that “no person shall be elected to the office of the president more than twice.”
“The 22nd Amendment… senator, my career has mostly been in criminal prosecution, I haven’t had an opportunity to use that one, specifically,” Marck replied.
“Anyone able to help on the 22nd Amendment?” Coons asked the other judicial nominees at the hearing, one of whom explained that it was the amendment that sets a two-term limit for the presidency.
“Correct,” Coons replied. “It states that no person shall be elected to the office of the president more than twice. Mr. Marck, is President Trump eligible to run again for president in 2028?”
“Senator, without considering all the facts and looking at everything, depending on what the situation is, this, to me, strikes as something more of a hypothetical…”
“It’s not a hypothetical,” Coons interjected. “Has President Trump been elected president twice?”
“President Trump has been certified as president of the United States two times,” Marck acknowledged.
“Is he eligible to run for a third term under our Constitution?” Coons asked.
“Uhm, I would have to review the…” Marck began before Coons again interjected.
“All I need to tell you is the language of the constitutional amendment that makes it clear that no, he is not eligible for a third term,” the senator said.
Coons then challenged other Trump judicial nominees at the hearing—Southern District of Florida nominee Jeffrey Kuntz, Southern District of Texas nominee Arthur Roberts Jones, and Northern District of Ohio nominee Michael Hendershot — to say if they believed the Constitution barred Trump from running for a third term, and none of them did.
After watching video of Coons’ exchange with Trump judicial nominees, investigative journalist and author Nick Bryant declared the whole episode to be “really chilling.”
“Like a scene from a dystopian movie, and alarming for anyone who cares about democracy,” Bryant wrote in a Monday social media post. “A judicial nominee flagrantly flouting the Constitution about Trump’s eligibility for a third term. The Constitution is unambiguous. He is not eligible.”
Former Democratic presidential candidate Marianne Williamson noted that the Trump nominees were “not even pretending to honor the Constitution” during the hearing, while former Rep. Adam Kinzinger (R-Ill.) simply declared the entire exchange “unreal.”
While the chances of Trump being allowed to stand for an unconstitutional third term at the moment are very low, the president has repeatedly teased plans to run for president again in 2028, telling an audience on Monday that he would be leaving the White House “eight or nine years from now.”
Joyce Vance, a former federal prosecutor and current professor at the University of Alabama School of Law, said that Trump’s declared intention to run for a third term should not be brushed off as mere trolling.
“This is how he started with the whole ‘if I lose the election is fraudulent’ shtick,” she wrote. “If we don’t listen to this, shame on us. That man isn’t building a ballroom for the next guy.”
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