REPORT: Trump Attorneys Eye ‘Loophole’ For Potential Third Term

President Donald Trump’s second term is still in its first 100 days, but speculation about a third term is already well underway.

According to multiple media reports, a top attorney for the president has been exploring a “loophole” in the U.S. Constitution that would allow him to remain in office after 2028, a move without recent historical precedent. President Trump said on Sunday that he was “not joking” about the possibility of serving another four years.

The reports add to Trump’s claim to NBC News that “there are methods” by which he could remain in office, though he declined to elaborate when asked.

CNN legal analyst Elie Honig said Tuesday he believes he knows what Trump’s lawyers are closely evaluating: the exact wording of the 22nd Amendment, which states that “[N]o person shall be elected to the office of the President more than twice.”

In Trump’s attorney’s estimation, that leaves “wiggle room” to make a third term a reality, Honig explained.

“Here they’re looking at the word ‘elected’… the theory is maybe that what Donald Trump or any two-term president can do is run as vice president with, let’s say J.D. Vance at the top of the ticket,” he said.

“If they win, J.D. Vance resigns, Donald Trump becomes president. The argument would be, ‘Well, that isn’t getting elected.’ That would be becoming president through the line of succession, ascending to the presidency.”

One wrinkle in the plan is spelled out in the 12th Amendment, however, which states that no one “ineligible” to be president may run for vice president, either.

Some advocates claim the wording “doesn’t quite close the door” on the potential plan, Honig added, but admitted their argument is trying to “thread a needle that may be unthreadable.”

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In his earlier comments, President Trump claimed there are “other” methods beyond running for vice president which may enable him to serve a total of 12 years.

True, the Constitution was made to be amendable, but the hurdle is high. Two-thirds of both chambers of Congress must vote to pass a constitutional amendment, which then must be ratified by three-fourths of all state legislatures. Twenty-seven amendments have been passed in total, including the first 10 in the Bill of Rights.

The 27th Amendment, passed in 1992, forbids congressional salary increases from taking effect until after an electoral season and a new Congress is seated.

Despite the constraints, advisors around Trump are trying their best to exhaust all possible options. On Wednesday, the Wall Street Journal reported that Boris Epshteyn, a personal attorney to the president, told an associate in late 2023 that he had been studying ways to prevent Trump from being a lame duck in his second term.

Asked for comment, White House communications director Stephen Cheung responded that “it’s far too early to think about” a third term.