US President Donald Trump on Tuesday received a draft of a forthcoming book by attorney Alan Dershowitz exploring whether Trump could constitutionally serve a third term in office, the veteran lawyer told The Wall Street Journal on Wednesday.
Dershowitz said to the newspaper that he told Trump that “the Constitution wasn’t clear on the issue.”
Dershowitz said that, during a meeting in the Oval Office, he handed Trump a draft of the book, titled “Could President Trump Constitutionally Serve a Third Term?”, which is due for publication next year. The legal scholar said the book outlines multiple scenarios under which a person might serve a third term as president.
Dershowitz said Trump told him he planned to read the book and asked about his conclusions. The US Constitution’s 22nd Amendment limits presidents to two terms. Trump began his second term in January, following his initial tenure from 2017 to 2021.
“I said ‘it’s not clear if a president can become a third term president and it’s not clear if it’s permissible,’” said Dershowitz, who previously represented Trump during his first impeachment trial.
According to Dershowitz, Trump “smiled and went onto other issues” after their discussion. “He found it interesting as an intellectual issue,” Dershowitz said. “Do I think he’s going to run for a third term? No, I don’t think he will run for a third term.”
Asked by The Wall Street Journal about the meeting with Dershowitz and Trump’s stance, White House spokeswoman Abigail Jackson said, “The country would be lucky if he served a longer period of time.”
Dershowitz’s new book explores constitutional scenarios that could allow a third term. One possibility, he said, is that Trump runs again and the election result is thrown to Congress. Dershowitz argues that if Trump were declared the winner, the Electoral College could choose to abstain rather than cast their ballots, forcing Congress to decide. “They then select, and not elect, the president,” he explained.
Trump acknowledged in October that he is “not allowed” to run for a third term due to the constitutional limits on presidential tenure. The statement came amid growing speculation among Trump supporters about a possible 2028 run.
Before he made those comments, red hats bearing the slogan “Trump 2028” had appeared on his Oval Office desk, fueling speculation. One theory circulating among supporters suggested a 2028 ticket with Vice President JD Vance, but Trump dismissed the idea, saying it was “pretty clear” he couldn’t run again. “But we have a lot of great people,” he added.
Trump said recently that while it is premature to anoint a successor for the 2028 presidential race, Vance is currently the leading contender to carry the Republican torch.