Donald Trump's former lawyer, Alan Dershowitz, has reportedly informed the President that the US Constitution is "not clear" on whether he can serve an unprecedented third term in the White House. This comes as Trump continues to jest about a potential 2028 run, and claims a major donor has offered him a vast sum to consider it.
Dershowitz's Controversial Constitutional Theory
According to a report in the Wall Street Journal, Dershowitz met with Trump in the Oval Office and presented him with a draft of his new book. The book, titled Could President Trump Constitutionally Serve a Third Term?, outlines several speculative scenarios that Dershowitz believes could legally allow a president to run for a third term.
"I said 'it's not clear if a president can become a third-term president and it's not clear if it's permissible,'" Dershowitz told the publication. One proposed scenario involves members of the Electoral College abstaining from voting if Trump won another election, which would then throw the selection to Congress.
However, this theory has been met with significant scepticism. The National Constitution Centre noted the scenario Dershowitz describes has only happened twice in history, and neither instance resulted in Congress deciding the presidency. James Sample, a law professor at Hofstra University, dismissed the idea as "absurd."
Internal Denials and External Encouragement
Despite the buzz, Trump's own chief of staff, Susie Wiles, has sought to quash the rumours. She told Vanity Fair that her boss "knows he can't run again." Trump himself has previously conceded that the Constitution is "pretty clear" he is "not allowed to run."
Nevertheless, the idea persists among his supporters. Dershowitz also gave a copy of his book to billionaire Trump backer Miriam Adelson. He claims that upon glancing at it, she said, "Is this real? Oh my god, I hope this can happen." Later, at a White House Hanukkah celebration, Adelson recalled the conversation, stating, "Alan, I agree with you. So we can do it."
Trump then took the microphone and claimed Adelson had said to him, "Think about it, and I'll give you another $250 million." Federal Election Commission records show Adelson was a massive donor in the 2024 cycle, contributing $100 million to a pro-Trump PAC and $145 million to other Republicans.
Merchandise and Political Theatre
Amidst these discussions, Trump has continued to fuel speculation, often joking about a third run. His campaign is also capitalising on the narrative, selling "TRUMP 2028" hats for $50. The episode highlights the ongoing debate about constitutional limits and the power of political symbolism, even as legal experts overwhelmingly reject the premise of a third Trump term.
The blend of legal theory, high-stakes donor politics, and campaign merchandising creates a uniquely modern political spectacle, centred on a question most scholars consider settled.
