How a Former Judge Warns Trump May Already Hold the Keys to a 2028 Bid
A former federal appeals court judge cautions that Trump may be able to seek a third term in 2028 despite constitutional limits. In a TV appearance, the judge warned that Congress, courts, states, and media barely check Trump.
Judge J. Michael Luttig noted that Trump began hinting at a third-term bid shortly after coming to office and has never ruled it out. Trump’s unbridled power gives him leverage to run again even if he loses, Luttig added.
Trump has raised suspicions with his statements. He said his poll numbers were best and suggested running in 2028. Former advisor Steve Bannon has presented a “plan” for Trump’s survival, but without details.
Trump’s third-term route is complex. The 22nd Amendment prohibits presidential reelection. The ban is a big legal obstacle. Some theorists propose a proxy run while Trump indirectly assumes power, but constitutional law experts dismiss this idea.
Trump’s political institution dominance offers him an edge, Luttig said. No institution appears strong enough to oppose Trump in 2028. Trump would confront legal and political challenges despite his unparalleled power.
Trump termed a critic-proposed workaround—running as vice president in 2028 to become president—“too cute” and unpopular. He also suggested Vice President JD Vance or Secretary of State Marco Rubio potential 2028 successors.
These methods don’t impress lawyers. They claim that altering the 22nd Amendment requires two-thirds House and Senate majority and three-quarters state ratification. Experts argue today’s polarized climate restricts that path.
Constitutional constraints remain notwithstanding Trump’s authority and institutional dominance. Who knows how far he can go and if opposing branches of government or litigation can stop him.
Sources
Newsweek coverage, analysis of Trump’s 2028 speculation, and commentary from constitutional law experts
The Guardian’s legal analysis on third-term barriers
Vox’s discussion of constitutional limits and reform challenges
