Whispers of Trump’s Possible Third Term Spark Debate, Says Dershowitz

The Possibility of a Third Term for Donald Trump

In the White House and in federal courtrooms across the country, one burning question has been echoing ever louder through the corridors of power: Can Donald Trump run for a third term? The president has openly flirted with the idea of making a comeback, while diehard MAGA fans have already upgraded their crimson caps for ‘Trump 2028’ versions.

Alan Dershowitz, a formidable attorney and Trump insider, has written a comprehensive new book outlining all the routes Trump could take to serve again without breaking the Constitution. Ahead of publication, Dershowitz revealed to the Daily Mail which of these routes is most likely, while explaining exactly how the current political climate is creating a petri dish for Trump 3.0.

Dershowitz, 87, who previously defended Mike Tyson, OJ Simpson, and Jeffrey Epstein in court, has outlined several potential paths for Trump to reclaim the presidency. He named Alexandria Ocasio-Cortez, Elizabeth Warren, and Chris Murphy as surprising catalysts for a third MAGA movement, since any one of their nominations could prompt Republicans to double down on efforts to re-elect Trump.

The Democrats have even accidentally created a blueprint for Trump to reclaim the White House with ‘an idea they came up with’ 25 years ago in an effort to secure a third term for Bill Clinton, according to Dershowitz.

The 22nd Amendment and Constitutional Loopholes

The veteran Harvard Law School professor’s book centers on the 22nd Amendment, which intended to impose an eight-year limit on total presidential terms. Yet, Dershowitz writes, it left a ‘gaping hole’ allowing for a two-term president to serve again, as long as they are not ‘elected’—meaning Trump could still run for another Cabinet position and succeed to the top of the hierarchy.

Dershowitz shot down any aspersion that such an interpretation is a violation of the Constitution’s intentions. ‘The only proof of what the framers intended is what they produced,’ he told the Mail. ‘And they produced an amendment with a hole bigger than the new wing of the White House that can be used to allow a president to serve a third term.’

Hypothetically, Trump could become the running mate of a close ally like JD Vance or Marco Rubio, who would agree to troll the Democrats by ceding the role to him once elected. Though Trump brushed off securing a third term like this as ‘too cute’ in November, he disclosed to NBC around the same time that he is ‘not joking’ about making a comeback in 2028.

Political Scenarios and Catalysts

Dershowitz’s book outlines the tectonic plates beneath the current political terrain which could give way to a MAGA-red eruption in 2028. ‘The scenario that would be the most likely is if the (Iran) war were to continue and really become a major factor in American foreign policy and domestic policy,’ he told the Mail. ‘That, and the Democrats nominating a radical leftist who would want to end the war on terms unfavorable to the country, and there was a movement within the Republican Party to allow President Trump to serve a third term. That would be the circumstances under which it would be realistic.’

‘AOC, Elizabeth Warren, Chris Murphy from Connecticut – these are all extreme radicals that the Republicans would do anything to see defeated,’ he added. ‘If any of them got nominated, or if even (Illinois Governor) JB Pritzker got nominated, I think there would be a tremendous movement within the Republican Party to say, let’s do anything we can to stop them.’

Legal and Political Precedents

Dershowitz said that efforts made by liberal lawmakers to secure a third term for Bill Clinton in 2000 may also have provided a blueprint for Trump to do the same. He blasted Democrat insiders who are ‘very opposed’ to the premise of his book on the grounds that it paves the way for Trump to ‘exploit’ the 22nd Amendment, yet they previously said that Clinton could serve a third term using the same mechanism.

‘They were all in favor of Clinton doing it,’ Dershowitz said. ‘This is not a new idea, this is an idea the Democrats came up with in 2000. Of course, they ended up losing the election in 2000 – a very contested election to be sure – but I think some of them regret that efforts weren’t made to give Clinton a third term, instead of giving Bush two terms.’

The Role of the Vice Presidency and Succession

Dershowitz’s book outlines how Trump could take up the Vice Presidency as the running mate of a close ally like JD Vance or Marco Rubio, who would agree to troll the Democrats by ceding the role to him once elected. He could also become Vice President via appointment using the 25th Amendment, then succeed to the presidency in the same way.

‘The vice president is a bit like a child’s godparent,’ Dershowitz wrote. ‘The role is mostly ceremonial – until it suddenly isn’t.’

The same could be done with the role of Speaker of the House, which is third in line under the Presidential Succession Act, and would involve both the president and vice president ceding their roles. Dershowitz notes that this almost happened in 1974, when Richard Nixon and his vice president Spiro Agnew resigned amid the Watergate scandal. The resulting power vacuum would have been filled by the Speaker, if Congressman Gerald Ford had not rapidly become vice president during the interim between the resignations.

Other Potential Routes

Another, less likely, route would be in the event of an Electoral College deadlock, Trump could be chosen as the next president by the House of Representatives, following a path carved by Thomas Jefferson when he became president in 1801. Trump ‘could secure the third term if there is no majority of electors for any candidate, then the House of Representatives must “choose” rather than “elect” the president from the top three,’ Dershowitz wrote.

Dershowitz, a self-described ‘life-long Democrat’ who voted for every blue candidate since JFK until recent years, said he does not consider using the 22nd Amendment to serve a third term a misuse of the Constitution. ‘My personal preference would be for a president not to get a third term, but I don’t allow my personal preference to in any way influence my constitutional analysis,’ he told the Mail.

What Does the 22nd Amendment Say?

The Amendment reads:

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Who Could Succeed to the Presidency?

Under the Presidential Succession Act:

1. Vice President – JD Vance
2. Speaker – Mike Johnson
3. President pro tempore of the Senate – Chuck Grassley
4. Secretary of State – Marco Rubio
5. Secretary of the Treasury – Scott Bessent
6. Secretary of Defense – Pete Hegseth
7. Attorney General – Pam Bondi
8. Secretary of the Interior – Doug Burgum
9. Secretary of Agriculture – Brooke Rollins
10. Secretary of Commerce – Howard Lutnick