The “Novel” and “Complex” Idea of Trump 2028
A federal judge is just asking questions.
Programming notes: Sarah and I talked about Danielle Sassoon’s letter on the Secret pod and I don’t have anything more to add on the subject right now but it does seem pretty important. (Also, if you read to #3, we have another blistering resignation letter from inside DoJ.) The show will be out in a bit It’s a pretty good episode.
And here’s my conversation with
Anyway, today I want to talk about one of my bugaboos: Trump 2028.
1. Always Right
I have been saying for a very long time that Donald Trump is likely to test the Twenty-second Amendment. In general, people tell me I’m crazy. He couldn’t/wouldn’t do it. And if he did, the courts would slap him down. It’s an open-and-shut case! There’s not even a debate!
Well, maybe it’s not so “open and shut”?
This week we got a ruling in the 10th Circuit on an obscure case, Castro v. Oliver.
I’m going to walk you through the facts of the case, and then the verdict, because I want you to have context. But if you want to just skip to the conclusion, it’s this: A federal judge called the possibility of Trump running for president in 2028 a “novel and complex constitutional question.”
I’m not a lawyer but those words do not sound like “open-and-shut case” to me.
It sure seems like a federal judge is curious to hear a potential Trump challenge on eligibility for a third term . . .