Politics
A Trump bid for a third term? 'It could get messy'
WASHINGTON — In a private meeting at a global summit in Buenos Aires in 2018, China’s president, Xi Jinping, turned to President Trump and said it was a shame he couldn’t stay in power beyond the two-term limit set by the U.S. Constitution. Trump agreed.
It was just one of several instances in which Trump mused over the prospects of an extra-constitutional reign in the White House.
“He’s talked about it for a really long time,” said John Bolton, Trump’s national security advisor from 2018 to 2019, recalling the meeting. “It’s on his mind, and he’d like to do it.”
The possibility of Trump running for a third term gained fresh attention this weekend after the president told NBC that he was “not joking” about pursuing one.
“There are methods,” Trump said. “But I’m not — it is far too early to think about it.”
Attorneys, scholars and state officials disagree. The knowledge that Trump may bid to stay in power, in a direct challenge to the 22nd Amendment, already has election officials in secretaries of state offices throughout the country bracing for legal battles that could begin as soon as next year.
The plain language of the amendment, which states that “no person shall be elected to the office of the President more than twice,” will also factor into local races starting next year for secretaries of state across the nation — key offices that will determine ballot qualification and interpret, or ignore, inevitable rulings on Trump’s eligibility from the courts.
It will not happen
— Alan Dershowitz, constitutional professor, on a third Trump term.
“Individual states and federal courts would almost certainly move to keep him off ballots,” said Alex Conant, former communications director for Marco Rubio’s 2016 presidential campaign and a founding partner of Firehouse Strategies. “It could,” he added, “get messy.”
Some of Trump’s most prominent current and former attorneys doubt that the president has a path to a third term, absent a laborious, politically challenging and time-consuming constitutional amendment. An amendment must be approved by three-fourths of the states (38 out of 50).
Pam Bondi, the president’s attorney general, told senators in her confirmation hearing that Trump could not serve a third term “unless they change the Constitution.”
“It could not happen absent a constitutional amendment, which could not possibly be enacted in time,” said Alan Dershowitz, a longtime constitutional professor at Harvard and a lawyer to Trump during his Senate impeachment trial. “It will not happen.”
And yet in Arizona, where Trump and his allies tried to overturn the election results in 2020 to remain in power, discussions are already underway over the logistical pathways Trump might take to secure ballot access there. As in many other states, Arizona’s process for accepting candidates onto primary ballots relies heavily on the internal decisions of political parties.
How could Republicans, who are so reluctant to defy Trump, oppose such an effort?
“The first line of defense would be the Republican Party standing up for the Constitution and saying, ‘No, you’re constitutionally ineligible, so we’re not going to put you forward as a candidate,’” said a former Arizona election official, granted anonymity to speak candidly.
“But assuming that that fails, and the Republican Party nominates Trump for a third term, then they would try to submit his name and his vice presidential nominee, and their presidential electors in Arizona, to the secretary of state’s office for ballot qualification. That would be the office to assess legal grounds for refusing to put them on the ballot.”
The term for Arizona’s secretary of state, currently a Democrat, ends in 2027.
Given the opportunity, five senior administration officials within Trump’s inner circle contacted by The Times refused to rule out an effort by Trump to remain in office. The White House referred to a statement by the president’s press secretary, Karoline Leavitt, to reporters on Monday in which she said, “It’s not really something we’re thinking about.”
Bolton, who went from Trump loyalist to fierce Trump critic, says otherwise.
“People need to think about it,” Bolton added. “Trump’s thinking about it, you can guarantee that.”
Obscure ‘methods’
Trump launched his prior reelection bids historically early, announcing his first on Jan. 20, 2017 — the day of his first inauguration — and his second in November 2022, just a week after the midterm elections that year. This time, Trump’s supporters began calling for another run within weeks of him taking office.
Trump was excluded from a straw poll of 2028 candidates at this year’s Conservative Political Action Conference. But “Trump 2028” material still circulated the event, drawing vocal support from prominent figures in the party, including Sen. Lindsey Graham of South Carolina.
Stephen K. Bannon, a former White House strategist to Trump during his first term, said last month that he, conservative attorney Mike Davis and others are devising strategies for Trump to stay in office, warning that Democrats will try to imprison the president if he relinquishes power.
“We’re working on it — I think we’ll have a couple of alternatives,” Bannon told NewsNation. “We’ll see what the definition of term limit is.”
Legal challenges could come swift and early, experts said.
“Could he solicit money legally for something which you’re ineligible to run for? That might be the first place where somebody would have standing to sue,” said Andrew Rudalevige, a professor of government at Bowdoin College.
The “methods” and “alternatives” referenced by Trump and Bannon are not clear. But Trump acknowledged one idea circulating among his supporters: Running for the vice presidency, and then either having the elected president resign or allowing Trump to effectively run the government.
That plan would face multiple hurdles, requiring Trump to trust someone enough to win the presidency and relinquish power to him.
It would also raise questions over the 12th Amendment, which states that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President.”
“It’s just cut and dry — he’s ineligible,” said Richard Painter, former chief White House ethics lawyer during the George W. Bush administration, “and to put an ineligible candidate on a state ballot for a primary, you’re denying everyone in that political party the right to vote for president, because someone ineligible is on the ballot.
“I think you could go to federal court for an injunction, and I think the Supreme Court might just have a nationwide injunction against it,” Painter added.
President Franklin D. Roosevelt, speaking at the White House in 1944, broke a tradition established by George Washington when he ran for a third and fourth term.
(Henry Burroughs / Associated Press)
Only one former president, Franklin Delano Roosevelt, ran for and won more than two terms in office, breaking with a tradition that started at the advent of the nation.
“The norm created by George Washington was that the president would serve only two terms, and then Roosevelt decided not to,” said Peter Kastor, chair of the History Department at Washington University in St. Louis. “After FDR died, before the conclusion of his fourth term, a variety of people came together and concluded they needed to codify the notion of a two-term presidency.”
Now, with the 22nd Amendment in place, the question legal scholars and election officials are asking isn’t whether the law is clear, but whether Trump will follow it.
“I don’t think I’ve really heard serious discussion among serious people — there are certainly musings about it among conservatives, but not necessarily conservative lawyers,” said Curt Levey, president of the conservative Committee for Justice.
“There’s no doubt that the administration is being assertive and it means to test the boundaries of executive authority,” Levey added. “But I think it’s extremely unlikely that he would order Republican officials, in many states, to defy court orders — and even if he ordered them, doesn’t mean they would comply.”
Trump will be 82 at the end of his current term, older than President Biden was when he ran for reelection against Trump last year.
Politics
Crews Drape Tarp Over White House in Latest Trump Restoration
Construction workers unfurled a large printed tarp to cover scaffolding installed at the White House’s front entrance. Doug Burgum, the interior secretary, said President Trump had ordered the repairs after noticing damage to columns.
Politics
WATCH: Trump’s Energy chief reveals what escalating Iran tensions could mean for gas prices
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Energy Secretary Chris Wright is telling Americans not to be concerned about the possibility of another surge of sharp increases in gasoline prices as tensions with Iran have started to escalate once again.
Asked whether Americans should worry about higher prices at the pump and how the Trump administration is preparing to keep the economy stable if the conflict continues to worsen, Wright told Fox News Digital: “It has not been any good behavior from Iran that’s allowed oil to flow. It’s been the United States military.”
“That’s not changing,” he assured, speaking from the Great American State Fair on the National Mall this week.
US CLAWS BACK KEY CONCESSION TO IRAN AFTER FRESH ATTACKS ON COMMERCIAL SHIPS IN STRAIT OF HORMUZ
(Mario Tama/Getty Images) (Mario Tama/Getty Images)
With Iran striking three commercial vessels transiting the Strait of Hormuz on Monday and Tuesday, Wright doubled down in urging citizens to not credit Iran for the U.S. military’s work to ensure oil shipments continue flowing through the strait.
“Look, the U.S. Military has been the key asset here,” he said. “They have assured the flow of oil and gas through the Strait of Hormuz throughout. Not at the beginning of this conflict, but through the last six weeks.”
Wright said the administration is closely monitoring global oil supplies as the tentative ceasefire with Iran seemingly came to come to a halt, with President Donald Trump telling Secretary-General Mark Rutte the call for peace with Iran is “over” at the NATO Summit in Turkey on Wednesday.
But, he pointed to the continued shipping through the Strait as evidence that markets should remain stable.
TRUMP SAYS IRAN CEASEFIRE IS ‘OVER’ AFTER IRANIAN ATTACKS TRIGGER MASSIVE US RESPONSE
President Donald Trump speaks at the White House on Tuesday, April 22. (AP/Alex Brandon)
“We’re of course constantly watching the supply of oil, the supply of refined products and what’s going on there,” Wright said. “And I think still all positive trends.”
Beyond geopolitical concerns, Wright also praised the new chain of discounted gas stations across Pennsylvania and New Jersey, Freedom Fuel, which promises customers prices below the national average.
The Trump administration, though not involved with the network, has heavily endorsed the new chain and its 25 locations.
“We love it,” Wright said when asked about Freedom Fuel. “I mean, look, any mechanism we can to lower energy costs for Americans of all kinds, we’re all in on.”
“With Freedom Fuels, they’re just lowering it down to their wholesale price of gasoline,” Wright said. “So they’re not making any money selling gasoline, but they’ve got convenience stores. That’s how most gas stations make money.”
NEWSOM UNDER FIRE AS CALIFORNIA GAS TAX HIKE SENDS PUMP PRICES EVEN HIGHER
Gasoline costs are a known concern for many Americans, and amid surging prices there has been a considerable increase in those opting to purchase electric vehicles to save money long-term at the pump — with Tesla dominating the market for these types of models.
Wright argued one of the benefits to living in America is having the option to choose what type of vehicle you drive.
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“We just want people to buy what they would prefer,” he told Fox News Digital when asked his thoughts on increasing calls for support of the electrification of cars. “Consumer choice — you wanna buy an electric car, you wanna buy a gas powered car, diesel powered car, buy a big truck. That’s the choice.”
“That’s why you live in America. You get the choice of all those.”
Politics
Black mold and $1 wages: Settlement forces immigrant detention centers to protect workers
In 2023, California regulators levied more than $100,000 in fines against the private operator of a federal immigration facility, kicking off a three-year battle over whether detainees who do work at the facilities should be considered employees.
The question went beyond semantics: If considered employees, the detainees would be subject to state worker protection laws.
A legal settlement announced this week now affirms that private immigrant detention facilities are subject to California’s workplace safety and health requirements.
“Every worker deserves a safe and healthy workplace and should be able to report workplace hazards without fear of retaliation,” said Denisse Gómez, spokesperson for the California Division of Occupational Safety and Health or Cal/OSHA.
“Individuals who perform work in these facilities are entitled to workplace safety protections, and this settlement reinforces Cal/OSHA’s commitment to enforcing those protections and safeguarding vulnerable workers,” she added.
Under the settlement between California and the GEO Group, a Florida-based private prison company, the company recently withdrew its legal challenges and agreed to pay more than $100,000 in the fines.
The GEO Group did not respond to requests for comment.
Back in 2023, Cal/OSHA issued $104,510 in fines against the GEO Group. The agency had found six violations of state code by the company after detainees complained about a lack of protective equipment and proper training while cleaning the facility for $1 per day.
Detainees alleged they routinely wiped black mold off shower walls at the facility, saw black dust spew from air vents and used cleaning solutions that lacked instructions during the COVID-19 pandemic.
The biggest fine levied against the GEO Group was for failure to establish and maintain “effective written procedures to reduce employee risk of exposure to aerosol transmissible disease.”
Advocates viewed Cal/OSHA’S recognition of the detainees as workers as a victory that could pave the way for future labor rights fights at other detention centers in the state.
But the GEO Group appealed, arguing that detainees participating in ICE’s voluntary work program make their own schedules and aren’t employees, so hazard exposure couldn’t be “as a result of assigned duties,” as California law states. Plus, the company argued, there wasn’t enough evidence that detainees were exposed to any hazard.
Early last year, the state’s Occupational Safety and Health Appeals Board rejected the GEO Group’s argument and found that detainees should be considered “affected employees.”
The GEO Group sued, but three days before a California Superior Court hearing in May, the company and Cal/OSHA reached the settlement.
Along with paying the fines, the GEO Group agreed to draft plans for avoiding aerosol transmissions at 12 secure and reentry facilities in California, including five detention centers that hold immigrants.
“GEO ensures detainees are afforded the necessary tools, equipment, and personal protective equipment … to safely and effectively perform any necessary tasks,” the settlement states.
Gómez said the settlement also leaves intact the appeals board’s ruling that civil immigration detainees who participate in work programs can participate in proceedings anonymously, “acknowledging the potential for retaliation when individuals raise workplace safety concerns.”
But the question of whether detainees are employees and deserve certain protections isn’t entirely resolved — at least not for the federal government.
Last month, U.S. Immigration and Customs Enforcement released new standards for detention facilities across the country. The revised guidelines “emphasize that detainee volunteers participating in the voluntary work program are not considered facility and/or government employees” and thus not entitled to labor regulations.
Attorney Mariel Villarreal said the timing of the new detention standards made her question whether the GEO Group had asked ICE to specify in its standards that detainees are not workers in response to its battle with Cal/OSHA.
“To me, it’s a reaction to this very settlement,” she said. Villarreal works for the California Collaborative for Immigrant Justice, which filed the original complaint on behalf of detainees who said they worked in unsafe conditions.
Villarreal pointed to a Washington Post report that GEO Group executives privately asked ICE to specify that detainees are not employees of the facilities where they work. Two top Trump administration officials, border czar Tom Homan and acting ICE director David Venturella, previously worked for the GEO Group.
New versions of ICE detention standards take effect as contracts are established or modified, so this year’s rules won’t immediately apply to every facility.
An ICE spokesperson did not comment about the settlement. The spokesperson, who did not provide their name in an emailed statement Wednesday, said the agency has begun transitioning detention facilities to meet the 2026 standards, “building on its longstanding commitment to safe, secure, and professional detention operations.”
“ICE has consistently implemented many of these best practices independently, reinforcing its role as the leader in detention operations,” the spokesperson added.
The GEO Group and other immigrant detention center operators have faced other legal battles over workers’ rights, including lawsuits in Washington, Colorado and California over the $1-per-day payment.
Villarreal said she’s confident that the Cal/OSHA settlement would continue to hold even if California facilities incorporated the new standards. But she said she believes the statements are an attempt by the GEO Group to “sidestep responsibility” and avoid the possibility of being fined under similar circumstances in other states.
“These statements in the new standards are a way for them to try and preserve profits as much as possible,” she said. “GEO and ICE are so intertwined at this point that they have the same motives.”
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