Trump's Eeo Law: Nepotism And The Presidency

President Donald Trump has been accused of nepotism for appointing his daughter Ivanka and son-in-law Jared Kushner to work in the White House. While there are anti-nepotism laws at the federal level, they do not apply to the White House.

Nepotism is derived from the Italian word for nephew, and in the Middle Ages and Renaissance, it referred to popes giving jobs and favours to their illegitimate sons, who were passed off as nephews.

Today, the legal definition of nepotism varies from state to state and at the federal level. In some states, it is illegal to hire a relative to a government position. In Florida, for example, a government official may not hire a relative, unless they live in a town smaller than 35,000 people. In Minnesota, however, it is perfectly legal for a government official to hire a family member.

At the federal level, anti-nepotism laws were adopted after President John F. Kennedy appointed his brother Robert as attorney general, which caused widespread discomfort. Now, a law prohibits federal officials, including members of Congress, from appointing relatives to any agency or department over which the official has authority. This includes parents, children, spouses, aunts, uncles, first cousins, in-laws, nieces and nephews.

However, the White House is not technically an agency, and therefore, the law does not apply to Jared and Ivanka Trump.

Nepotism in the White House

The History of Nepotism

The word "nepotism" comes from the Italian word for nephew, "nipote." In the Middle Ages and during the Renaissance, "nepotism" referred to the objectionable practice of popes giving favors and jobs to their nephews. These "nephews" were actually the illegitimate sons of the popes, who were supposed to be celibate. A prime example of this was Pope Alexander VI, also known as Rodrigo Borgia, whose son Cesare Borgia was a cardinal.

Nepotism in the Trump White House

While Donald Trump was president, his daughter Ivanka Trump and son-in-law Jared Kushner worked in the White House as senior advisors. According to the Justice Department Office of Legal Counsel, this does not break federal anti-nepotism rules, as the White House is not technically a government agency. However, critics argue that anti-nepotism rules should be tightened to include the White House.

Trump also appointed his son Donald Trump Jr. and daughter Ivanka to run his private family business, the Trump Organization, while he was in office. While this is not illegal, it has raised some eyebrows.

Trump also appointed several loyalists and personal connections to prominent positions in his administration. These include Susie Wiles, who masterminded his successful 2024 campaign, as Chief of Staff; Kash Patel, a former defence department chief of staff who has been a steadfast supporter of Trump and shares his suspicion of government institutions, as head of the FBI; and Vivek Ramaswamy, a former presidential hopeful who endorsed Trump, to co-lead the Department of Government Efficiency alongside Elon Musk.

Nepotism in the Trump Organisation

The Trump Organisation is a private family business, and as such, it is not illegal for it to employ Donald Trump's relatives. However, the term "nepotism" can be applied to the organisation in a colloquial sense, and Trump has been accused of nepotism in a legal sense in relation to his activities as US President.

Nepotism in a colloquial sense

The Trump Organisation was founded by Fred Trump, Donald Trump's grandfather, and is now run by his sons, Donald Jr. and Eric Trump. It is therefore reasonable to say that there is an element of nepotism in the organisation, though this is not necessarily problematic.

Nepotism in a legal sense

Nepotism is only illegal in certain government jobs, and anti-nepotism rules vary from state to state in the US. At a federal level, federal officials, including members of Congress, are prohibited from appointing relatives to any agency or department over which the official has authority. This includes parents, children, spouses, aunts, uncles, first cousins, in-laws, nieces and nephews.

Trump was accused of breaking these anti-nepotism rules when he appointed his daughter Ivanka Trump and son-in-law Jared Kushner to work in the White House. However, the Justice Department Office of Legal Counsel argued that the White House is not technically an agency, and so the appointments did not break the law.

While there is an element of nepotism in the Trump Organisation in a colloquial sense, this is not illegal. However, Trump's activities as US President did bring him into conflict with federal anti-nepotism laws, though he was not found to have broken these.

Nepotism in the Biden family

While President Biden promised that no member of his family would be involved in government, this did not extend to his senior staff and their relatives. In the first few months of Biden's presidency, at least five children of his top aides secured jobs in the new administration. They include two sons and a daughter of the White House counselor, the daughter of a deputy White House chief of staff, and the daughter of the director of presidential personnel. Other relatives of top Biden aides who have been hired include the wife of White House Chief of Staff Ron Klain and the sister of White House press secretary Jen Psaki.

There is no evidence that Biden's aides influenced the hiring of their children or other relatives. The Biden administration has maintained that every new hire has been qualified for the role. Deputy White House press secretary Andrew Bates stated that the president has "instituted the highest ethical standards of anyone to ever hold this office."

In contrast, former President Trump was accused of nepotism and cronyism by ethics and diversity experts. Trump hired his daughter Ivanka and son-in-law Jared Kushner to work as unpaid senior advisers during his presidency. Ivanka Trump served as an adviser to the president, while Kushner was appointed assistant to the president and senior adviser. Additionally, Andrew Giuliani, the son of Trump's associate Rudy Giuliani, was appointed associate director of the office of public liaison in 2017.

Nepotism in the media

Nepotism, the practice of granting advantages, privileges, or positions to relatives or friends, is prevalent in the media industry. While it occurs across various sectors, media nepotism often involves children or relatives of celebrities in the entertainment industry finding success in that field. This phenomenon has been dubbed the "nepo baby" trend. Notable examples include Maude Apatow, Lily-Rose Depp, Maya Hawke, Dakota Johnson, Ben Platt, Jack Quaid, Zoë Kravitz, and John David Washington.

However, critics argue that nepotism hinders meritocracy and limits diversity in the media industry. It can lead to unfair treatment, biased decision-making, exclusionary practices, and resentment among those who are not part of the favoured group. Additionally, it can result in a lack of competent staff and reduced productivity, as individuals hired through nepotism may be protected even if they are not the best fit for their roles.

In response to concerns about nepotism, some media organisations have implemented anti-nepotism policies. For example, Palm Beach County schools in Florida reinforced nepotism rules in 2012 to ensure an "equitable work environment." However, anti-nepotism laws and policies do not always extend to the White House or political appointments.

The issue of nepotism gained particular attention during the impeachment inquiry into President Trump's dealings with Ukraine. Trump was accused of withholding military aid while pressuring Ukraine's president to investigate Hunter Biden, the son of presidential candidate Joe Biden. This brought into question the role of Trump's own children, Ivanka and Donald Jr., and their spouses, Jared Kushner and Lara Trump, in his administration. While there are federal anti-nepotism laws in place, a loophole allowed Trump to appoint them to advisory roles.

In conclusion, nepotism in the media industry has been a long-standing practice, with complex implications. While it can provide advantages to those with family connections, it also raises concerns about fairness, diversity, and the quality of content produced. As debates about the impact of nepotism continue, media organisations and policymakers must carefully consider the potential benefits and drawbacks of such practices.

Nepotism in the military

The US military has been taking steps to address nepotism in its officer hiring system. In 2020, the Army introduced a new job assignment system, dubbed "Assignment Interactive Module 2.0", which aims to reduce the potential for nepotism in hiring decisions. This system allows personnel more preference in their careers and gives them access to a wide array of candidates, encouraging a diverse array of hires.

The new system also helps the Army identify preferential treatment and the extent to which nepotism plays a part in hiring decisions. Senior leaders are now responsible for picking the right officers by drawing from a large pool of candidates, each with unique life experiences, degrees, interests, and extracurricular pursuits.

While the new system does not entirely eliminate the possibility of nepotism, it is a step towards creating a more meritocratic and transparent hiring process in the military.

Nepotism, derived from the Italian word "nipote" meaning nephew, has a long history. During the Middle Ages and Renaissance, it referred to the practice of popes giving favors and jobs to their illegitimate sons, who were referred to as "nephews".

In the modern context, nepotism typically refers to getting a private sector job through family connections, while legally prohibited nepotism is specific to certain government jobs. Federal anti-nepotism rules were established after President John F. Kennedy appointed his brother, Robert, as Attorney General, which was seen as a conflict of interest.

While the White House is not technically an agency, and thus not subject to the same anti-nepotism rules, there have been calls to tighten these rules to include the White House as well.

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