The third-term workaround is the constitutional manoeuvre John Kiriakou was asked about on the DeProgram programme in August 2025, and which he rejected as unavailable.[1]
What was proposed
The occasion was a remark by Donald Trump that he “probably won’t” seek a third term. The workaround under discussion was the familiar one: run as vice president, and have the sitting president resign after inauguration.[1]
Kiriakou’s answer
He rejected the premise before the mechanism. “He cannot. It is written in stone in the Constitution. There’s no wiggle room. There’s no way around it where he runs for vice president and then Vance resigns. He can’t do it.”[1]
Pressed, he set out the reasoning. A person constitutionally barred from the presidency may still be elected vice president in his account, but cannot succeed to the office — and the line of succession simply passes over him. “He can run for vice president and be vice president, and if Vance resigns, the Speaker of the House becomes president.”[1]
Asked whether it would be litigated, Kiriakou allowed that it would: “Oh, it would definitely be in the courts. But the Constitution’s clear that if the vice president cannot assume the presidency — and in this case he could not assume the presidency because he’s constitutionally barred — then the Speaker of the House becomes president.”[1][2]
Why he thinks the talk continues
Kiriakou does not read the statements as a plan. Offered the explanation that Trump keeps the possibility alive only to avoid lame-duck status, he endorsed it: “No, I think you’ve hit it on the head. He’s trying to remain as relevant as he can for as long as he can.”[3]
He puts an expiry date on it. “That’s going to change after the midterm elections, because then that’s it. It’s done. There are no more elections. Nobody’s going to have to owe him anything or kowtow to him. All bets are off.”[3]