

Right, but the problem is there is nothing that makes him ineligible to be President. The 22nd amendment does not make one unqualified ot be President after serving two terms does it? It says “No person shall be elected to the office of the President more than twice.” Apart from the additional bit about serving a partial term, that’s it. The limitation is on being elected, not serving, and the amendment itself identifies that there is a difference given they use the term “holding” the office when talking about someone being President without being elected. So, frankly, were I a law-as-written kind of judge, I would have to recognize that distinction and rule that the 22nd amendment does not rule out 3rd terms through succession. Unless there is another law or precedent that I’m unaware of, there does seem to be a pretty glaring opening here.
He is eligible to be President though. That’s my point. He just can’t be elected president again. If he weren’t eligible to be President, why would you be concerned about him becoming President through succession by becoming the Speaker?