( Tomdispatch.com ) – Donald Trump may, of course, be the Republican candidate for president in 2028, the U.S. Constitution notwithstanding. Although it is clearly written in the 22nd Amendment that “no person shall be elected to the office of the President more than twice,” it may well be a majority vote of the Supreme Court that determines whether that applies to Trump.
In the past, that court has gotten around the Constitution without a single word of it being changed. Rather, its judges have let an innovative interpretation prevail. In 1896, for instance, in Plessy v. Ferguson, the court ignored the unambiguous language of the 14th Amendment that demanded “equal protection” and so upheld racial segregation by creating the fiction of “separate but equal.” It would take 58 years before that lie would be overturned.
Harvard law professor and Trump legal whisperer Alan Dershowitz has told the president that “it’s not clear” if it is constitutionally settled whether he can serve another term, even if elected. Reportedly, Jeffrey Epstein’s former lawyer is working on a book on the subject to be published in March 2026. And MAGA world — from the White House to members of Congress to far-right media figures — is stirring the pot on Donald Trump’s potential fourth bid for president.
Trump is also clearly worried about his legacy. Branding federal buildings and institutions with his name, building an outrageous ballroom, pimping out the Oval Office in gold, and constructing an unnecessary “Triumphal Arch” are all desperate attempts to be remembered as “great” at any cost. Yet, he has to know that the next Democratic president will be under tremendous pressure to remove most, if not all, Trump-brand edifices as quickly as possible. In the end, his real memorials will undoubtedly be the authoritarian policies and conduct that will label him as one of the worst, if not the worst, presidents in American history.
That said, Trump remains a question mark when it comes to a third term. There are a number of reasons he might not try for one, not the least being his deteriorating mental and physical health. It didn’t take the New York Times to question his capabilities, not when anyone watching him could hear him slurring his words, dozing off in front of the cameras, barely moving even on a golf course, and sounding more incoherent than ever.
His manic putting up of sometimes hundreds of posts a day or in the wee hours of the night — although his staff may be responsible for some of it — should be considered a cry for help, if ever there was one. And it’s not just the volume of his postings, but their increasing extremity. The hate has become more hateful, the taunts more vicious and racist, and the fabrications more outlandish and divorced from reality. And keep in mind that Trump will be 83 by the time of the 2028 election and he’s already exhibiting so many of the behaviors generally attributed to the fabled “crazy old man” down the street.
Finally (should it get to that point), a majority of the Supreme Court — I certainly don’t think all of them, no matter the situation — could follow the Constitution and rule against a third term. It should be considered ironic at this point that the 22nd Amendment was proposed and passed in response to a Democratic president, Franklin D. Roosevelt, winning his fourth consecutive presidential race.
The Vance Option
With Trump a distinct question mark and while the Trumpian current ebbs and flows, another wave is pushing the 2028 candidacy of Vice President JD Vance. Trump found his avatar in 2024 when the junior senator from Ohio and former harsh Trump critic joined the crew of Republican senators fighting to be the most sycophantic to the party’s new Führer. Like his compatriots Ted Cruz, Lindsey Graham, and Marco Rubio, there were no morals or principles that superseded Vance’s ambition and lust for power. Under the circumstances, that “JD” could easily have stood for “just as dangerous.”
As Vance confirmed at the recent Turning Point USA gathering, not only are White nationalists like Nick Fuentes and unrepentant conspiracists like Candace Owens not denounced, but they are welcomed and embraced. Tucker Carlson’s friendly interview with Fuentes roiled MAGA, but before that he was interviewed by Owens on her podcast. Again, there are no discernible objections from GOP leaders, including Vance.
While Vance opportunistically inserted himself into the Charlie Kirk martyr-building project — he was a pallbearer and spoke at his memorial — he has yet to call out Owens for her wild and unfounded claims that Turning Point USA staff, Israel, the French Foreign Legion, and God knows who else were somehow involved in Kirk’s assassination.
Vance’s most eye-raising statement at the TPUSA event was when he said, “You don’t have to apologize for being white anymore.” First, it is a pretty sure bet that no one at the event (or in MAGA) ever apologized for being White. Second, Vance reinforced the view that White supremacy will not be a barrier to any future campaign of his.
Vance’s message is clear: every imaginable far-right extremist, from White supremacists and technofascists to offensive fabulists, is welcome in his coming 2028 campaign. And he will assumedly have Trump’s blessing (if the president doesn’t indeed decide to try to run again himself).
Poor Secretary of State Marco Rubio has as much chance of getting Trump’s support as Black GOP Congressional Representative Byron Donalds did of becoming his vice-presidential candidate in 2024. Trump 2.0 is wholly built on racial profiling, especially of Latinos, and asserting White power. Merely “looking” Latino is enough in these Trumpist times to attract armed masked men and a trip to an immigration hellhole. Rubio has vigorously defended such illegal arrests and detentions and the racist demonization of immigrants of color that’s gone with it, but he’s rolling the dice if he thinks the MAGA base will see him as the exception to their rule.
Just ask Vance. As hillbilly-centric and pro-White working class as he has tried to portray himself, despite being a millionaire many times over, the fact that he is married to Usha Vance, a woman of color and a non-Christian, has generated lots of racist blowback. Fuentes, for example, called Vance a “race traitor” for marrying Usha. Many MAGA adherents were shocked to discover Usha was not White. One report found that, between January and August 2024, there were at least 1,800 racist, gender, or religious-based attacks on Usha that reached an audience of an estimated 216 million.
While Vance has pushed back against such threats and insults, he’s ignored any possible relationship between Trump’s and his racism against Haitian and other immigrants of color and the blowback he’s experienced against Usha. His default position (rather than directly challenging MAGA bigotry): Usha is “tough enough to handle it.” In addition, instead of defending Usha’s right to practice whatever religion she chooses, he pandered to the religious extremist crowd by stating that he hoped she would convert to Catholicism and “eventually that she is somehow moved by the same thing that I was moved by in church.” He then added, “I honestly do wish that because I believe in the Christian Gospel, and I hope eventually my wife comes to see it the same way.”
Vance Courts the Extremists
If Trump doesn’t manage to run a fourth time and Vance wants to be president, he’ll be more dependent than ever on the MAGA base and the far right, especially since he has little to no chance of winning over many Democrats or independents. Few will forget that he personally led the outlandish racist claims that Haitian immigrants were stealing pets and eating them in Springfield, Ohio. When busted on that fabrication, he admitted that he had known the truth, but didn’t care as long as it served his interests. He stated in an interview during the 2024 election campaign, “If I have to create stories so that the American media actually pays attention to the suffering of the American people, then that’s what I’m going to do because you guys are completely letting Kamala Harris coast.”
Vance’s “stories” were blatant lies about immigrants (of color) and their role in U.S. society. According to him, undocumented (and perhaps, maybe, kinda legal) immigrants are to blame for high medical prices, rising housing costs, education crises, crime, antisemitism, and illegal voting. In other words, there isn’t a problem in the United States that can’t be linked to undocumented aliens.
A Time When Vance Was Truthful
The next time around, Democrats would be wise to highlight Vance’s past criticism of Donald Trump. After all, he referred to Trump as “Hitler” and as a “morally reprehensible human being” in emails that plausibly were not supposed to be publicly seen. However, he did publish an article in The Atlantic only weeks before the 2016 election that he clearly wanted to be on the record. In a piece entitled “Opioid of the Masses,” he called Trump “cultural heroin.” He argued that, while Trump’s blather might make people feel good, he was anything but the answer to the deeply rooted causes of the multiple crises facing poor Whites, particularly and ironically, opioid drug addiction. Like heroin, he wrote, its poison “enters minds, not through lungs or veins, but through eyes and ears, and its name is Donald Trump.” Vance’s own mother, as he noted in the article, abused heroin and prescription opioids, giving him a highly personal stake in the issue.
What he wrote then is no less true today: “Trump offers an easy escape from the pain… Trump’s promises are the needle in America’s collective vein.” Continuing with that addiction metaphor, he added, “Perhaps the nation will trade the quick high of ‘Make America Great Again’ for real medicine.” That Vance is long gone.
Of course, his most important pre-Trumpian links weren’t to his largely made-up hillbilly upbringing — he was born and raised in Ohio — but his ties to far-right billionaires in Silicon Valley. They have been dubbed “techno fascists” for their reactionary, racist, misogynist, and anti-democratic views. His bids for the Senate and then the vice presidency weren’t just supported by Elon Musk, Peter Thiel, and other big names in the billionaire tech world, but opened the door to their increasing role in shaping policy, especially but not exclusively in relation to the artificial intelligence and technology industries.
Vance has, of course, also been in lockstep with Trump’s imperialist and self-serving foreign policy. He crudely sided with the president when he attempted to browbeat Ukrainian President Volodymyr Zelenskyy in their infamous Oval Office meeting on February 28, 2025. He also defended, and even cruelly joked about, the deadly strikes on boats in the Caribbean by the U.S. military. He justified Trump’s illegal abduction of Venezuelan President Nicolas Maduro and his wife, Cilia Flores, echoing all the false claims of Trump, Rubio, and Defense Secretary Pete Hegseth about drug trafficking and stolen oil.
File. President Donald Trump holds a bilateral meeting with German Chancellor Friedrich Merz, Thursday, June 5, 2025, in the Oval Office. Vice President JD Vance attends. (Official White House Photo by Emily J. Higgins). Public Domain. Via Picryl
It’s a maxim of today’s politics that all relationships with Trump end badly. Will Vance abandon Trump as he deteriorates yet more? The main lesson Trump learned from his late lawyer, the notorious Roy Cohn (of McCarthy era fame), was to use people until they are no longer useful. Cohn counseled Trump in his early years and introduced him to influential and important people who facilitated his rise in New York City. They became “friends” until Trump (of course!) abandoned Cohn in his time of need once he contracted AIDS and was dying. Trump simply brushed him aside when he was no longer useful and reportedly did not even attend his funeral. Can Trump expect the same treatment from Vance?
Or will the vice president be like Kamala Harris and, as she did with President Biden, pretend Trump is well when he clearly is not? As Trump struggles to make it for three more years, Vance will be questioned about his cognitive state and physical health. Will he gaslight the public and hope for the best?
Given what we have seen and that Vance has demonstrated no loyalty to principles or ethics, no one should be surprised if he turns on Trump at some point, should he determine that it is in his interest to do so.
Copyright 2026 Clarence Lusane
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