Trump's Nepotism: Ignoring The Law?

Donald Trump's appointment of his son-in-law Jared Kushner and daughter Ivanka Trump to senior roles in his administration has raised questions about whether he has violated federal anti-nepotism laws. The anti-nepotism law was passed in 1967 in response to President John F. Kennedy's appointment of his brother Robert as Attorney General. The law prohibits public officials, including the president, from appointing relatives to any agency or department over which they have authority. While the law does not explicitly mention the White House, legal experts are divided on whether it applies to White House staff appointments. Some argue that the White House is not an agency, and therefore the president has broad leeway in appointing staff. Others claim that the anti-nepotism law undermines public confidence in government and should be enforced. The issue of nepotism has been a subplot in the impeachment inquiry into President Trump's dealings with Ukraine, where he pressured the Ukrainian president to investigate Hunter Biden, the son of his political rival Joe Biden.

Donald Trump's son-in-law, Jared Kushner, took a senior adviser position in the White House

However, in 2017, a Justice Department official concluded that a law passed in 1978 overrode the earlier anti-nepotism measure, giving the president broad authority to appoint White House officials. This interpretation holds that the White House isn't an agency, but rather the office of the president, and so the president has the freedom to hire whomever they like. This interpretation has been criticised, with some arguing that it undermines public confidence in the government and allows the president to turn the executive branch into a family business.

Kushner's appointment also raised questions about conflict-of-interest laws, which would bar him from participating in decisions that would affect his financial interests. To address this, Kushner reportedly expressed a willingness to stop receiving income from his real estate company. Ivanka Trump, Kushner's wife and the president's daughter, also took an unpaid role in the White House under the same legal rationale.

Trump's daughter, Ivanka Trump, took an unpaid slot in the White House

In 2017, Ivanka Trump, daughter of former US President Donald Trump, took on an unpaid role as an advisor to her father in the White House. This appointment raised questions about potential conflicts of interest and nepotism. Ivanka's role was described as "informal" and "unpaid," which created a loophole that allowed her to bypass federal anti-nepotism laws.

Federal anti-nepotism laws in the US prohibit public officials, including the president, from appointing relatives to certain government positions. The law was passed in 1967 in response to President John F. Kennedy's appointment of his brother, Robert, as Attorney General. While the law prevents the appointment of relatives to agencies or departments, it does not explicitly apply to White House staff positions. This loophole has allowed various presidents, including Trump, to appoint relatives to advisory roles in the White House.

The appointment of Ivanka Trump to a White House role was controversial and sparked ethical concerns. Critics argued that nepotism undermines the credibility of public officials and public confidence in the government. They also pointed out the potential for conflicts of interest, as Ivanka would be subject to federal conflict-of-interest laws that could bar her from participating in decisions affecting her financial interests.

Despite the ethical concerns, the Trump administration defended the appointment, arguing that the anti-nepotism law does not apply to White House staff. Spokeswoman Kellyanne Conway cited the ruling from a 1993 court case, which suggested that while a president might be barred from appointing a relative to a cabinet-level position, they could appoint them to a White House advisory role.

In addition to Ivanka, Donald Trump also appointed his son-in-law, Jared Kushner, to a White House role. Both Ivanka and Jared played key roles in Trump's campaign and transition team, and their appointments highlighted the challenges of enforcing anti-nepotism laws when it comes to White House staff.

It is worth noting that while Ivanka's role was officially unpaid, she did use funds from the United States Agency for International Development (USAID) for a White House event in 2019. This revelation sparked further criticism, especially as the Trump administration was simultaneously working to dismantle USAID and end diversity, equality, and inclusion (DEI) initiatives across the federal government.

Trump promoted his son, Donald Trump Jr.,'s, new book

In 2019, Donald Trump promoted his son, Donald Trump Jr.'s, new book, 'Triggered: How the Left Thrives on Hate and Wants to Silence Us'. The book was published by Center Street, a conservative imprint of publishing house Hachette. While the former president is allowed to promote his son's book, it raises questions about nepotism.

Nepotism is the practice of giving favours or jobs to relatives. In the context of politics, it refers to the appointment of relatives to government positions. Federal anti-nepotism rules were adopted in the US after President John F. Kennedy appointed his brother, Robert, as Attorney General. A similar incident occurred when President Bill Clinton appointed his wife, Hillary Clinton, to chair the Task Force on National Health Care Reform. While there is no explicit federal anti-nepotism statute that applies to White House staff, a law does prohibit federal officials from appointing relatives to any agency or department over which they have authority. This includes parents, children, spouses, and other close relatives.

Despite these rules, Donald Trump has involved his family members in his business and political endeavours. Donald Trump Jr. is a high-level executive in his father's business and has actively participated in his political campaigns. The promotion of his son's book by the former president can be seen as another example of the Trumps' nepotistic practices.

It is important to note that anti-nepotism laws primarily focus on the appointment of relatives to government positions. The promotion of a family member's book, while ethically questionable, may not fall under the legal definition of nepotism. However, it does reinforce the perception of the Trump family as a political dynasty, which some critics argue undermines the credibility of public officials and public confidence in the government.

In conclusion, while Donald Trump's promotion of his son's book may not violate any specific anti-nepotism laws, it contributes to the perception of nepotism and the blurring of lines between family interests and political power.

Trump hired his daughter and son-in-law for government jobs

During his presidency, Donald Trump hired his daughter Ivanka Trump and his son-in-law Jared Kushner to work in the White House. Ivanka and Jared had previously played key roles in Trump's campaign and transition team.

There are anti-nepotism laws in place in the U.S. that bar public officials from appointing relatives to any agency or department over which the official has authority. This includes parents, children, spouses, and son-in-laws. However, a loophole in the law means that it does not apply to White House staff jobs.

The anti-nepotism law was passed by Congress in 1967, largely in response to President John F. Kennedy's decision to appoint his brother Robert as attorney general. The law was also directed at lower-profile nepotism, such as the common practice of congressmen hiring their wives to work in their offices.

Despite the existence of anti-nepotism laws, Trump was able to hire his daughter and son-in-law by exploiting the loophole that exempts White House staff jobs. This was made possible by a ruling from the Justice Department, which concluded that the White House was exempt from violating federal anti-nepotism laws.

The appointment of Ivanka and Jared sparked concerns about the credibility of public officials and undermined public confidence in the government. Critics argued that nepotistic practices create the perception of a "'dynasty' and a 'family business' in the White House, which is unethical and unwise.

Trump's transition team did not respond to a request for comment on whether Trump would hire his children

The issue of nepotism has been a significant subplot in the discussions surrounding President Trump's impeachment inquiry. While federal anti-nepotism rules prohibit federal officials, including members of Congress, from appointing relatives to any agency or department they have authority over, a loophole has been identified. A court ruling has interpreted the law to suggest that it does not apply to White House staff jobs. This loophole could allow Trump to hire his children and other relatives for staff roles in the White House, despite the broader intent of the anti-nepotism law.

The potential hiring of Trump's children and relatives for White House roles has sparked concerns about the undermining of public confidence in government and the creation of a dynastic image. Legal experts have highlighted the negative perception and ethical implications of such actions, even if they are technically legal.

Trump has already promoted his son, Donald Trump Jr., by promoting his new book, and his son-in-law, Jared Kushner, has been a part of his transition team. These actions have drawn criticism and raised questions about the applicability and effectiveness of anti-nepotism laws.

While Trump's transition team remained silent on the matter, the implications of potential nepotism in his administration have caused concern among legal experts, commentators, and the public.

Frequently asked questions