Jim Acosta floats "realistic" way Trump could attempt third term
Jim Acosta warned about one way President Donald Trump could attempt to run for a third term in 2028 that he believes may be "realistic."
Newsweek reached out to the White House for comment via email.
Why It Matters
Trump, over the weekend, told NBC News there were methods he could take to serve a third term as president, adding that he was "not joking."
Currently, the 22nd Amendment of the United States Constitution bars a president from running for a third term, so any attempt at Trump makes at launching a 2028 campaign could trigger a constitutional crisis.
What to Know
Acosta, the former CNN anchor who has been a target of Trump criticism, responded to Trump's comments during a discussion with former Representative Adam Kinzinger, an Illinois Republican, on Monday on The Jim Acosta Show.
He said one "realistic" path for Trump to try to be elected for a third term would be for him to just announce a campaign, even if the Constitution says he cannot.
"He starts getting on ballots in various primary states, caucus states, and of course these state party chairmen and chairwomen and so on are not going to stand up to him," he said. "And we'll do these stories all over again about how the Republican party is the party of Trump and they won't deal with any of this s***."
Acosta continued that he would tell the Supreme Court,"'Well, this is what the people want. This is democracy," triggering a constitutional crisis.
"I mean, I hate to make it sound so realistic, but that, to me, is something that could happen," Acosta said.
Michael McAuliffe, a former federal prosecutor and former elected state attorney, told Newsweek "realistic" isn't the right term to describe that path.
"For Donald Trump to run in primaries, the state parties would have to attempt to put him on the primary ballots and the litigation that would ensue would be immediate," he said. "Anything is possible when discussing Trump's attempts to thwart the established processes, whether it's elections or the courts. If something like Trump attempting to run in presidential primaries occurred, we would be in the last stage of democratic dissolution. I would expect national boycotts and people in the streets. "
What Does The Constitution Say About Presidents Running for a 3rd Term?
The 22nd Amendment states plainly that no one shall be elected to the office of the president more than twice.
"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," it reads.
Legal experts, however, have noted this leaves few narrow legal paths for Trump to return to the White House. He could, for instance, run as a vice-presidential candidate and become president again in the case of a resignation.
In theory, he could try to overturn the 22nd Amendment. But that would be an uphill battle, politically, as it would require a constitutional convention and support from three-quarters of all states—meaning Trump would need support from solidly Democratic states to repeal the amendment.
Former federal prosecutor Barbara McQuade told Newsweek on Tuesday that the theory for a third Trump term is "plausible under the Constitution," but that it's "far from certain" these efforts would stand up against challenges.
"I think there is also some question as to when the legal issue becomes ripe for judicial review – when Trump is first named to a presidential ticket? When ballots are being printed? Or not until after he were elected and sworn it? Any of those scenarios would create chaos in an election," she said.
How the Supreme Court would respond to Trump running again would be unclear, she said, adding justices who consider themselves textualists may focus on the word "elected" to permit a third term.
What People Are Saying
McQuade told Newsweek: "A third term would certainly buck convention, as well as our founders' disdain for perpetual leaders and kings," a George Washington stepped aside after two terms and set an example about the value of relinquishing power. On the other hand, this topic could simply be a technique to distract the media and the public from other issues, such as the Signalgate scandal."
McAuliffe told Newsweek: "When a sitting president declares in any way an intent to explore remaining in power beyond an elected term, like he did in 2020-21 after the election and like he's discussing now, it's up to this country's political, business, and social leadership to shut it down. The harm starts when he is emboldened to utter such nonsense."
Derek Muller, a professor of election law at Notre Dame, told The Associated Press: "I don't think there's any 'one weird trick' to getting around presidential term limits. A lame-duck president like Donald Trump has every incentive in the world to make it seem like he's not a lame duck."
Senator John Curtis, a Utah Republican, to NBC News in March when asked about a possible third Trump term: "I wouldn't have supported a third term for George Washington. That's a no, yeah."
What Happens Next
Any attempts by Trump to run in 2028 would almost certainly be met with legal challenges.