Gavin Howe
Former US President Donald Trump has been criticized for considering his son-in-law Jared Kushner for the role of chief of staff. This raised questions about nepotism in government hiring, but the Department of Justice's interpretation of federal law suggests that the White House is not an agency, and therefore rules barring nepotism do not apply. Trump is not the first president to appoint family members to executive branch positions, and several of his children and their spouses have worked in the White House.
| Characteristics | Values |
|---|---|
| Is it legal? | Yes, it is legal for Trump to hire his son-in-law as his Chief of Staff. |
| Is it ethical? | Critics argue that it is not ethical, but there is historical precedent. |
| Historical precedent | Several presidents have appointed family members to executive branch positions. |
| Trump family members in the White House | Ivanka Trump, Jared Kushner, Giuliani's son, Barr's son-in-law, and Barr's daughter. |
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What You'll Learn
- Donald Trump's son-in-law, Jared Kushner, is eligible to be appointed as Chief of Staff
- Federal anti-nepotism laws do not apply to the White House
- Trump's daughter, Ivanka, is an unpaid employee of the White House
- Criticism of Trump's consideration of Kushner for the role
- Precedents of US presidents appointing family members to White House positions
Donald Trump's son-in-law, Jared Kushner, is eligible to be appointed as Chief of Staff
In fact, several presidents before Trump have appointed family members to executive branch positions. For example, in 1958, President Dwight Eisenhower appointed his son John as assistant staff secretary in the White House, and President John Kennedy appointed his brother Robert as Attorney General of the United States in 1961. Kennedy also appointed his brother-in-law, R. Sargent Shriver, as director of the Peace Corps.
In 2017, Trump appointed Kushner as a senior advisor to the president, and Kushner's wife, Ivanka Trump, also took on a formal role in the White House in 2017. Kushner's appointment followed a Justice Department memo concluding that the White House was exempt from violating federal anti-nepotism laws.
The eligibility of Kushner for the role of Chief of Staff has been questioned by critics, who argue that it sets a precedent for nepotism and that Kushner's loyalty is to Trump and his business empire rather than the American people. Despite these concerns, the interpretation of the law suggests that Trump is within his rights to consider Kushner for the position.
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Federal anti-nepotism laws do not apply to the White House
The debate surrounding the appointment of Donald Trump's son-in-law, Jared Kushner, to a senior position in the White House has brought the issue of federal anti-nepotism laws into the spotlight. While there are indeed federal anti-nepotism laws in place, there is ambiguity regarding their applicability to the White House.
The anti-nepotism statute, passed in 1967, states that a "public official" may not appoint or employ any "relative" to a civilian position in the agency in which he serves. The law defines "public official" as including the President and "relative" as including a son-in-law. However, the statute's applicability to the White House is uncertain due to conflicting legal interpretations.
Some legal experts argue that the White House is not considered an agency under the anti-nepotism statute, as it is the office of the President. Daniel Koffsky, deputy assistant attorney general, interprets federal law in this way, stating that the President has significant freedom in choosing his personal staff. Additionally, a 1993 opinion from Judge Laurence Silberman suggested that the federal anti-nepotism statute may not cover staff in the White House or the Executive Office of the President.
On the other hand, ethics and legal experts have criticized the exclusion of White House jobs from the anti-nepotism statute. They argue that nepotism undermines the credibility of public officials and public confidence in the government. Kathleen Clark, a law professor at Washington University, stated, "It can undermine the morale of public employees. I just don't see any justification for carving out an exception to the White House."
Despite the ethical concerns, the legal interpretation of the anti-nepotism statute allows for the appointment of family members to White House staff positions. As a result, Jared Kushner's appointment as a senior advisor to President Trump was not legally barred, although it did attract criticism from politicians and the public alike.
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Trump's daughter, Ivanka, is an unpaid employee of the White House
In 2017, Ivanka Trump, the daughter of then-President Donald Trump, became an unpaid employee of the White House. She took on the role of an adviser to her father, with an office in the West Wing, a government-issued phone and computer, and security clearance to access classified information. This formal role was announced after criticism from ethics experts regarding her initial plan to serve as an informal adviser to the president. Ivanka stated that she would "'voluntarily comply with all ethics rules' and be 'subject to all of the same rules as other federal employees'".
The appointment of Ivanka Trump as an unpaid White House employee raised ethical concerns. Norman L. Eisen and Richard W. Painter, White House ethics lawyers for Presidents Barack Obama and George W. Bush, respectively, wrote a letter expressing worries about potential conflicts of interest. They argued that Ivanka's original arrangement as an informal adviser seemed designed to circumvent ethics and conflict-of-interest rules that apply to White House employees. Richard Painter also raised concerns about the potential for felony crimes if the president's daughter were not subject to the same rules as other employees.
However, others have defended the appointment by citing legal interpretations that allow for a broad degree of freedom in White House staffing decisions. Daniel Koffsky, deputy assistant attorney general in the Department of Justice, concluded that rules barring nepotism in government hiring do not apply to the White House, as it is not considered an agency. This interpretation gives the president significant leeway in hiring decisions for their office.
It is worth noting that Ivanka Trump's husband, Jared Kushner, also joined the White House as a senior adviser to President Trump. The appointment of both Ivanka and Jared sparked criticism and concerns about nepotism, with some arguing that it sets a problematic precedent for future administrations. Despite the controversy, the Trump administration defended these appointments, and Ivanka Trump served as an unpaid employee in the White House during her father's presidency.
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Criticism of Trump's consideration of Kushner for the role
The news that Donald Trump was considering his son-in-law, Jared Kushner, for the role of Chief of Staff caused widespread criticism and concern about nepotism. Trump's track record of hiring family members, including Kushner, who is a senior advisor to the president, and Ivanka Trump, his daughter and Kushner's wife, who is an unpaid employee of the White House, did little to assuage these concerns.
Robert Reich, a Democrat who served in the Clinton administration, wrote a Facebook post criticizing Trump's intention to appoint Kushner as a senior advisor. He said, "Kings and despots install family members around them, to protect their power and money. Presidents do not – at least not until now." He also pointed out that Kushner's "major loyalty is to Trump and Trump’s global business empire, not to the American people. He has no experience in government."
Alexandria Ocasio-Cortez, the incoming New York Democratic congresswoman, also mocked the possibility of Kushner's appointment, tweeting that it was “classic Republican ‘bootstrap’ meritocracy”.
Trump's consideration of Kushner for the role of Chief of Staff also raised questions about the rules barring nepotism in government hiring, and whether these rules allowed the president to turn the executive branch into a family business. However, according to Daniel Koffsky, deputy assistant attorney general in the Department of Justice office of legal counsel, the rules did not stop Trump from appointing Kushner. Koffsky argued that the White House is not an agency, so rules barring nepotism in an executive agency don't count, and that the president has broad leeway in hiring decisions for his office.
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Precedents of US presidents appointing family members to White House positions
While Donald Trump's appointment of his son-in-law Jared Kushner as a senior adviser to the president raised eyebrows, he is not the first US president to appoint a family member to a White House position. In fact, at least 11 presidents have appointed family members to executive branch positions.
The practice of appointing family members to government positions dates back to the early days of the US. John Adams, the second president, was the first to appoint a family member to an executive branch position. Before 1967, there were no legal restrictions on such appointments.
In October 1958, President Dwight Eisenhower appointed his son, John, as assistant staff secretary in the White House while he was a major in the US Army. John F. Kennedy appointed his brother Robert as attorney general in 1961 and his brother-in-law R. Sargent Shriver as director of the Peace Corps. Franklin D. Roosevelt's daughter, Anna Roosevelt Boettiger, served as a surrogate first lady in the last two years of his presidency. Roosevelt's son, James, also worked in the White House as a secretary from 1937 to 1938.
Woodrow Wilson, Ulysses S. Grant, and Donald Trump have also appointed family members to government positions. Trump's daughter Ivanka was appointed Advisor to the President in 2017, while his son Eric plays a pivotal role in the Donald Trump Organization and made several appearances during his father's 2016 presidential campaign.
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Frequently asked questions
Yes, it is legal for Trump to hire his son-in-law as chief of staff. While there are rules barring nepotism in an executive agency, the White House isn't considered an agency, so these rules don't apply.
Yes, Trump has considered his son-in-law, Jared Kushner, for the role of chief of staff.
Yes, Ivanka Trump, Kushner's wife, has worked in the White House since the early months of Trump's presidency.
Yes, several presidents have appointed family members to executive branch positions. For example, in 1958, President Dwight Eisenhower appointed his son, John, as assistant staff secretary in the White House.
