Steve Bannon, former White House chief strategist and staunch ally of President-elect Donald Trump, has ignited controversy by suggesting Trump could potentially run for a third term in 2028. Speaking at the New York Young Republican Club's annual gala on Sunday evening, Bannon alluded to a possible constitutional loophole in the 22nd Amendment, sparking debate among legal experts and political observers.
During his remarks, Bannon referred to pro-Trump lawyer Mike Davis, who reportedly pointed out that the Constitution does not explicitly state that the two-term limit applies only to consecutive terms. "Since it doesn't actually say 'consecutive,' that-I don't know, maybe we do it again in '28?" Bannon quipped to the audience. "Are you guys down for that? Trump '28!"
Trump, set to begin his second term in January 2025, is only the second U.S. president in history to win two non-consecutive terms, following Grover Cleveland in the late 19th century. The 22nd Amendment, ratified in 1951 after Franklin D. Roosevelt's four-term presidency, clearly limits a person to being elected president no more than twice.
Despite Bannon's remarks, constitutional law experts have dismissed the idea of a third Trump term as legally implausible. "There are none [legal loopholes]," said Michael McConnell, a professor of constitutional law at Stanford University, in a recent interview with Vox. He added Trump's 2024 bid will be his last opportunity to serve as president.
The suggestion comes as Trump has occasionally made lighthearted comments about extending his presidency beyond two terms. Last month, during a meeting with House Republicans, Trump joked, "I suspect I won't be running again unless you say, 'He's so good we've got to figure something else out,'" prompting laughter.
In response to such comments, Rep. Dan Goldman (D-N.Y.) introduced a resolution in the House of Representatives clarifying that the 22nd Amendment applies to two terms "in the aggregate," regardless of whether they are consecutive. Goldman warned against dismissing Trump's remarks as mere jokes, stating on MSNBC that they serve as "trial balloons" to test public reaction and normalize anti-democratic ideas.
Bannon's comments at the gala have drawn sharp criticism from Democrats and constitutional scholars, who view them as part of a broader effort to undermine democratic norms. Vice President Kamala Harris has previously cautioned that Trump's return to the White House could pave the way for authoritarian tendencies. During the 2024 campaign, she described Trump's ambitions as indicative of a "fascist" agenda.
Trump himself has given mixed signals about his views on the two-term limit. In an interview with Time magazine in April, he rejected the idea of repealing the 22nd Amendment, saying, "I wouldn't be in favor of it at all. I intend to serve four years and do a great job." However, at the National Rifle Association's annual meeting in May, Trump mused about Franklin Roosevelt's four-term presidency, asking, "I don't know, are we going to be considered three-term? Or two-term?"
Bannon's remarks come amid heightened scrutiny of his political activities. A former chief strategist during Trump's first term, Bannon has recently served a prison sentence for contempt of Congress, though he was released in October.
The comments have fueled speculation about Trump's long-term political ambitions and the potential implications for the Republican Party. While some in the GOP have embraced the idea of Trump as a transformative figure, others worry about the precedent such discussions set for democratic governance.
As debate swirls, constitutional experts remain unequivocal: the 22nd Amendment stands as a clear barrier to any attempt by Trump-or any president-to seek a third term.
