Donald Trump walks on White House lawn

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Sean O'Driscoll

By Sean O'Driscoll

Senior Crime and Courts Reporter

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A lawyer has told Newsweek that Trump attempting to take a third term as president will throw the U.S. into a constitutional crisis.

Newsweek sought email comment from the office of Attorney General Pam Bondi on Monday.

The Context

In a phone interview with NBC News on March 30, Trump said there were methods that would allow him to serve a third term and added that he was "not joking."

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Such a move could cause major instability in the U.S. as the 22nd amendment prohibits any president from serving more than two terms.

Donald Trump walks on White House lawn

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What To Know

During the NBC interview, Trump said of a potential third term: "A lot of people want me to do it. But, I mean, I basically tell them we have a long way to go, you know; it's very early in the administration.

"I'm focused on the current," he said.

Asked if wanted a third term, Trump replied: "I like working."

"I'm not joking. But I'm not—it is far too early to think about it."

"There are methods [by] which you could do it," he later added.

What People Are Saying

Former federal prosecutor Neama Rahmani told Newsweek that such a move could cause major political instability.

"Politically, Trump doesn't have the votes to repeal the 22nd Amendment, either in Congress or the states. I would expect even the conservative Supreme Court to enforce the ban on a third term."

Chaos and Crisis

Rahmani said: "Failing to do so would trigger a constitutional crisis and throw the country into chaos. Of course, Trump hasn't been shy about pushing or even ignoring legal boundaries. But there is no legal way for him to do so when it comes to a third term."

Rahmani, now president of the West Coast Trial Lawyers law firm in California, told Newsweek that there is the potential loophole of Trump running as vice president.

In that scenario, Vance might then resign from the leadership of the White House, allowing Trump to become president.

"But, under the 12th Amendment, no person ineligible to be president can be vice president," Rahmani said.

Is Trump Ineligible To Be Vice President?

Legal experts say that the use of the word "ineligible" in the 12th amendment is open to interpretation.

Stephen Gillers, a law professor at New York University, told Newsweek that he believes it refers to the basic requirements for being president, such as being at least 35 years old and being born in the U.S.

That would then allow Trump to run for vice president, opening the possibility that he could be president again.

What Happens Next

Trump said in his NBC interview that he is focused on his current presidential term and that it is too early to decide if he will seek a third term.

Trump will likely consider several options, and gauge public opinion, before deciding whether to seek another term.

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