Steve Bannon, the former White House strategist, hinted at a New York Republican gala, which took place on December 15, 2024, that Donald Trump could potentially circumvent constitutional limitations and vie for a third presidential term in 2028. Concurrently, Geraldo Rivera, a former Trump associate, anticipates a surge in dialogue surrounding constitutional amendment.
Rivera, who is a NewsNation correspondent-at-large and previously a Fox News personality, posted on social media: “For future reference: President Trump & Co. will soon start chattering about revoking/amending the 22d Amendment, which limits presidents to two four-year terms.”
The prediction by Rivera is noteworthy considering his intricate past with Trump. The two shared a 50-year friendship, during which Rivera was a regular defender of Trump. However, their friendship soured over Trump’s baseless claims about the 2020 election, leading Rivera to label him an “entitled frat boy” causing excessive chaos over his electoral defeat. In June 2023, Rivera left Fox News, attributing his departure to the network’s increasingly conservative slant in covering Trump.
The 22nd Amendment of the U.S. Constitution stipulates that “no person shall be elected to the office of President more than twice.” Legal experts and constitutional scholars affirm that this restriction applies to both consecutive and non-consecutive terms, leaving no room for any third-term interpretation or loopholes. Thus, any attempt to run for a third term would be unconstitutional.
At the New York Young Republican Club Gala, Bannon’s remarks sparked debate. He suggested that Trump could bypass the 22nd Amendment as his terms would not be continuous. The former chief strategist’s comments at the event in Manhattan also included the promotion of the “Trump ’28” concept.
Rep. Dan Goldman (D-N.Y.) stated that Trump’s past remarks about prolonging his tenure beyond 2028 “are not jokes” but “trial balloons.” Goldman added, “They are very intentionally designed to soften the response and then to normalize his unconstitutional and anti-democratic goals.”
Seth Meyers, the host of Late Night, drew a parallel with people testing boundaries under the garb of humor. He suggested that Republicans often float controversial statements as jokes, only to assert their seriousness later. He likened their strategy to casually proposing an audacious idea to gauge others’ responses, suggesting they might be serious about it.
To amend the Constitution and remove the limit of two terms, approval from two-thirds of both the House and Senate is required, followed by ratification from 38 state legislatures. Rivera highlighted in his social media post that Trump won 30 states in 2024, falling short of the necessary threshold for a constitutional amendment.
In light of the growing discussions about a potential third presidential term, Representative Goldman introduced a resolution to reinforce the restrictions of the 22nd Amendment. The resolution underlines that the two-term limit applies cumulatively, regardless of whether the terms are served consecutively or with an interval in between. It further clarifies that the amendment does not provide any room for interpretation or loopholes that could allow a president to serve a third term.
Former Trump assistant Mike Davis has publicly expressed his disagreement with the idea of a third term. He termed it “crazy” and distanced himself from suggestions of exploiting constitutional loopholes.
