Mesoscope

For the self-emancipation of communities by reason.

Trump’s Kushner appointment may violate anti-nepotism laws

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According to the New York Times, Trump transition officials have confirmed that “Jared Kushner, Mr. Trump’s son-in-law and a major real estate developer in New York, will be named senior adviser to the president.”

Federal statue 5 U.S. Code § 3110 states:

A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control any individual who is a relative of the public official.

From the same statute (emphasis added):

(2) “public official” means an officer (including the President and a Member of Congress), a member of the uniformed service, an employee and any other individual, in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals, or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in an agency; and

(3) “relative” means, with respect to a public official, an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

Kushner’s attorney argues that this statute doesn’t apply because a White House appointment is not a federal agency.

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Written by Mesocosm

January 9, 2017 at 12:46 pm

Posted in Uncategorized

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