As Americans head to the polls on election day, a key question arises: if former President Donald Trump loses to Vice President Kamala Harris, could he run for the presidency again in 2028? Legally, the answer is yes.
The U.S. Constitution’s 22nd Amendment restricts a president to two terms, but it does not require these terms to be consecutive. Trump, who served from 2017 to 2021, could make another bid in 2028 if he chose to do so, potentially following the precedent set by Grover Cleveland, the only president to serve two non-consecutive terms.
Despite Trump’s two impeachments during his first term, the Senate did not convict him in either case. As a result, he remains legally eligible for the presidency under U.S. law.
Trump has been convicted on 34 criminal counts in New York and he’s due to be sentenced later this month. He also faces two criminal cases, one in Georgia, and one federal, both relating to his alleged attempts to overturn the results of the 2020 election.
He has entered not guilty pleas for both cases and maintains his innocence in the New York case in which he was convicted. He has vowed, if elected, that he will fire the special counsel in charge of the federal criminal case.
Although the Constitution doesn’t expressly prohibit convicted individuals from serving as president, the ongoing legal challenges, and the possibility of him facing jail time if he loses the election, would create unprecedented complications for Trump’s candidacy and could impact his ability to fundraise, campaign and secure broader public support
Trump himself has also cast doubt on a future candidacy. In a September interview with Sinclair Media, Trump, 78, stated: “No, I don’t. I think that will be it,” referring to a 2028 run if he does not win this election. “I don’t see that at all,” adding that “hopefully, we’re going to be very successful.”
Some political experts also believe that factors beyond legality might deter a future run. Michael Tesler, a political science professor at the University of California, Irvine, told Newsweek: “I think it would be very difficult for Trump to run again if he loses. The combination of his old age, criminal legal exposure, and being branded a two-time loser make it hard to envision Trump being the GOP nominee for a fourth-consecutive time in 2028.”
Tesler also pointed out that while Trump may not personally re-run, his brand of “identity-based grievance politics” would likely remain influential within the GOP, potentially paving the way for another MAGA-aligned candidate like Ohio Senator JD Vance, or Trump’s eldest son, Donald Trump Jr.
The post Can Donald Trump Run for President in 2028 If He Loses to Kamala Harris? appeared first on Newsweek.
