U.S. Senator Tommy Tuberville (R-AL) leaves a bipartisan luncheon, weeks into the continuing U.S. government shutdown on Capitol Hill in Washington, D.C., U.S., October 23, 2025. REUTERS/Kylie Cooper
A conservative former federal judge warned MSNBC viewers on Tuesday that Republicans appear to have wrongly bought into the idea that President Donald Trump can run for a third term.
J. Michael Luttig joined host Alicia Menendez on "Deadline: White House" to discuss Republicans' thoughts on Trump possibly seeking a third term.
"This is the question that's on the minds of many, if not most, Americans a mere 10 months into Donald Trump's second term as president," he began, noting the president put that question in their minds.
Luttig said that within two months of regaining the Oval Office, Trump and his allies began talking about running for a third term, notwithstanding the Constitution's 22nd Amendment barring people from being elected more than twice to the office.
"He cannot be elected again to the presidency," Luttig declared.
But that's not what his supporters have said, including Steve Bannon, who has said Trump is mulling another run.
"And then of course yesterday, Steve Bannon said that he believes that Donald Trump will be the next president of the United States, succeeding himself unconstitutionally," said Luttig.
Menendez then played audio of Sen. Tommy Tuberville (R-AL) teasing "different circumstances" that the administration has found that could open the door for them to "go around the constitution."
When asked his thoughts on Republicans' responses, Luttig compared it to the GOP's response to the Jan. 6, 2021, attack on the Capitol.
"I've asked myself whether they're doing this out of fear of Donald Trump, or whether they're doing it because they favor Donald Trump," he said. "At this point, five years on from Jan. 6, Alicia, I have to conclude, and I think all Americans ought to conclude, that the Republican elected officials, they believe in everything that Donald Trump is doing, including his apparent intention to think quite seriously about running for an unconstitutional third term."
He ripped Tuberville for what he called "irresponsible talk" that Republicans have espoused for five years.