Can Trump run for a third term? US lawyer outlines possible paths

Lawyer Alan Dershowitz says the Constitution is not explicit on every scenario barring a third term, outlining hypothetical routes even as he doubts Donald Trump will attempt another run

US President Donald Trump on Tuesday discussed a draft copy of a book by lawyer Alan Dershowitz that examines whether Trump could constitutionally serve a third term as commander-in-chief, The Wall Street Journal reported.

 

Dershowitz, who served as the defence lawyer for Trump during his first term when he was impeached by Congress, said that the Constitution wasn’t clear on the issue.

 

Dershowitz's book titled 'Could President Trump Constitutionally Serve a Third Term?' is set to be released next year. In his book, he explores different scenarios in which a leader can serve a third term. The 22nd Amendment of the US Constitution doesn't allow any president to serve a third term.

 

On receiving the draft, Trump inquired about the conclusion and said he plans to read it. However, Dershowitz said it remains unclear whether a president can become a third-term president and if it’s permissible.

 

According to the report, Dershowitz said he doesn't think Trump will run for a third term.

How can Trump be a third-term president?

One of the possible scenarios where Trump runs again can be when the final decision is reserved with Congress. According to Dershowitz, even if Trump wins the election for a third time, members of the Electoral College could choose not to vote. If that happens, the election would go to Congress, which would then choose the president instead of the voters doing so.

 

However, this has happened only twice in US history, and in both cases it did not lead to Congress choosing the president.

 

According to The Wall Street Journal, James Sample, a law professor, called Dershowitz’s idea unrealistic. However, he said there is one possible plan Trump’s team might try. In that plan, two Trump allies run for president and vice president, win the election, and then resign. Trump would then become Speaker of the House. Since the Speaker does not have to be a lawmaker, Trump could be chosen and later become president through succession. 

Will Trump try for a third term?

It remains unclear whether Trump will try for a third term. In March, Trump told NBC News that he was focused on his current term and that it was too early to think about a third term. At the same time, he said many people want him to run again and claimed there are "methods" to do so.

 

In October, Trump said he was not allowed to run again and called it "too bad." This comment came after he had earlier said he was not completely ruling out a third term, according to Al Jazeera.

 

Meanwhile, White House Chief of Staff Susie Wiles said in a recent interview with Vanity Fair that Trump understands he cannot run for president again.