President Donald Trump’s claim that he could seek a third presidential term has met significant pushback from political analysts, but one lawyer has spotted a scheme that could deliver Trump to the White House again in 2028.
Trump has floated the idea of running for a third term throughout his second administration, even though the U.S. Constitution strictly limits presidential terms. Even some of the president’s allies, like MAGA figurehead Steve Bannon, have said Trump can evade the Constitutional limitation.
Dmitri Mehlhorn, an attorney and Democratic strategist, laid out the plot that could prove Trump’s allies right on a new episode of “The David Pakman Show.”
The first step of the plot, according to Mehlhorn, is for the Republican Party to nominate Trump during the 2028 convention. He argued that it is hard to see a world in which the Republicans don’t simply say “Yes, sir” in response to Trump’s demand.
“The Republican Party can nominate him, and once they do, it becomes very difficult for anyone to force him off the ballot, or for someone to invalidate [him],” Mehlhorn said. “Then, you have a realistic chance that he could be president yet again.”
After he’s nominated, Mehlhorn argued that Trump can use the viscous legal system against itself to force the Supreme Court to declare his candidacy illegal. Mehlhorn argued that the current Supreme Court has been incredibly deferential to Trump, which raises the stakes for such a case, if it comes to that.
“What you have to imagine is that five current justices would issue a ruling that he cannot be president. And then, how would that be enforced? What would that mean?” Mehlhorn said. “Would the electors not get sent to Congress? And then, de facto, what that would mean is that whoever is the Democrat would be the president. I believe this Supreme Court, at least five justices, would say, ‘That’s not our job. Our job is not to decide.”
“No Supreme Court is going to step in late in the game and decide a presidential election like that,” he continued. “Theoretically, they could, but they would use the ‘political question’ doctrine to say, ‘That’s not our job; it’s the job of the voters.”
Under this scenario, Mehlhorn argued that the Supreme Court wouldn’t have to actually rule on the case. Instead, they could punt and allow the proceedings to stand.
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