Alan Dershowitz handed President Trump a book draft in the White House that dares to question if the Constitution truly bars a third term, igniting a firestorm of speculation.
Story Snapshot
- Trump met constitutional scholar Alan Dershowitz in the Oval Office, receiving a draft book exploring third-term loopholes like Electoral College abstention and Speaker succession.
- Trump displays a “Trump 2028” hat, fueling supporter excitement despite official denials.
- The 22nd Amendment limits elections to two terms, but Dershowitz argues its wording leaves room for creative paths.
- Experts dismiss practicality, yet the debate polarizes politics and drives media frenzy.
- White House Chief of Staff Susie Wiles confirms Trump knows he cannot run again.
Dershowitz Meets Trump in White House
Alan Dershowitz, Harvard Law emeritus professor and Trump’s former impeachment lawyer, visited the Oval Office recently. He presented Trump with a draft of his upcoming book, Can President Trump Serve a Third Term Under the Constitution?, set for 2026 publication. The Wall Street Journal detailed this December 17, 2025, encounter. Dershowitz outlined theoretical scenarios bypassing the 22nd Amendment’s election limits. Trump listened intently, hat with “Trump 2028” visible on his desk.
Dershowitz emphasized he does not believe Trump will pursue a third term. Trump nodded, showing interest without commitment. This meeting revives debates rooted in the 22nd Amendment, ratified in 1951 after FDR’s four terms. It states no person shall be *elected* president more than twice. Dershowitz exploits this phrasing for non-election paths.
Two Core Constitutional Loopholes Proposed
Dershowitz proposes Electoral College abstention first. Electors in most states follow winner-take-all rules but could theoretically abstain, denying any candidate 270 votes. This throws the election to Congress under the 12th Amendment. Trump, with two prior elected terms, could then ascend without a new election. Historical faithless electors exist, but never enough to deadlock.
Second scenario involves Speaker of the House succession. If the president and vice president positions open, the Speaker assumes the presidency per the Presidential Succession Act. A Republican Speaker resigns; Trump, as a GOP ally, gets elected Speaker by the House. He serves the remainder without violating election caps. Critics call this chain of resignations improbable.
Trump’s Signals and Official Denials
Trump wore a “Trump 2028” hat during the meeting, delighting supporters who chant for more terms. In October 2024, Trump stated it is “quite clear” he cannot run again. Susie Wiles, White House Chief of Staff, reaffirmed this in a December 16, 2025, Vanity Fair interview. The White House responds to queries ambiguously: America would be fortunate if Trump serves longer.
Interesting. When Dershowitz book comes out, I may need to get it. https://t.co/7euF1jaIDp
— Rich Draxler (@DraxlerRic45751) December 19, 2025
These mixed signals energize the base while frustrating opponents. Common sense aligns with textualists like Hofstra’s James Sample, who deems scenarios unfeasible. Resignations and abstentions demand perfect coordination amid political realities. Conservative values prize constitutional fidelity over gimmicks, yet Dershowitz’s probe tests boundaries thoughtfully.
Expert Skepticism and Historical Precedents
Hofstra Law professor James Sample critiques the Speaker path as low-likelihood, requiring multiple improbable steps. No president has tested these since the 22nd Amendment. Grover Cleveland served non-consecutive terms pre-amendment. Reagan in 1980 mused VP succession but dropped it. State laws now bind most electors, curbing abstentions.
Dershowitz’s ideas spark academic debate but face uniform skepticism on practicality. Congress has never received a contingent election via abstention. GOP loyalty might aid Speaker election, but risks backlash eroding term-limit norms. Short-term, this distracts from 2028 primaries; long-term, it could invite Supreme Court review.
Sources:
Harvard Law Scholar Proposes Scenarios for Trump’s Third Term (Chosun Ilbo English edition)
