Less than three months into his second term in the White House, President Donald Trump has begun floating the idea of running for the presidency a third time. Conservative attorney George Conway said that while the concept may seem outlandish, there's a sect of the legal world that believes he may be able to do so.

During a Monday interview with MSNBC host Michael Steele, Conway — the former spouse of ex-Trump senior advisor Kellyanne Conway – cautioned that Trump's suggestion that he may seek yet another four-year term despite the 22nd Amendment to the U.S. Constitution's explicit term limits for presidents should be taken seriously. That amendment, which was ratified after former President Franklin Delano Roosevelt served four consecutive terms, prohibits anyone from being elected president who has already been elected to the office twice. But Conway alluded to one loophole in the amendment's language that Trump could exploit.

"[The 22nd Amendment] doesn't say you can't serve a third term," Conway explained. "So what could happen is he could be elected vice president. And what could happen is that whoever was at the top of the ticket could then disclaim the office ... Trump would not have been elected. He would have been elected vice president, but acceded to the office. Or that person who is elected president could resign on 12:01 on January 20th, and there is literally nothing in the Constitution to prevent that."

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"This has been written about by law professors in the past, before the Trump era," he continued. "They could pull this stunt ... It's completely insane, but it's legally possible."

While it's possible that Conway's theory could eventually be litigated in court, other legal experts have asserted that even if Trump tried to get back into the White House by joining the ticket as the 2028 Republican nominee's running mate, he would run into a separate constitutional roadblock. The 12th Amendment to the U.S. Constitution, which lays out the Electoral College process, stipulates that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States," which would apply to those who have been elected twice under the 22nd Amendment.

Presidential historian Tim Naftali explained in a Monday interview on CNN that should Trump hope to run for another four-year term in 2028, the only way he could do so would be to get another amendment to the Constitution ratified by two-thirds of both chambers of Congress, along with two-thirds of all state legislatures. The 27th Amendment, which is the most recent, took more than 200 years to ratify, making it unlikely that Trump would be able to rescind the 22nd Amendment in time for the 2028 election.

Watch Conway's segment below, or by clicking this link.

READ MORE: Historian reveals why Trump 'does not have the Constitutional cards' to seek third term


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