Trump's Family Business: Nepotism Law Violations?

There is an ongoing debate about whether former US President Donald Trump broke nepotism laws by appointing his son-in-law, Jared Kushner, and daughter, Ivanka Trump, to senior positions in the White House. The federal anti-nepotism statute, passed in 1967, states that a public official may not appoint... any individual who is a relative... in or to a civilian position in the agency in which he is serving. The debate centres around whether the White House counts as an agency under this statute. Several presidents, including Nixon, Carter, Reagan, and Obama, were advised that they could not appoint relatives to White House positions. However, the Trump administration argued that the president is exempt from the anti-nepotism statute when hiring White House employees, and Kushner and Ivanka Trump were appointed as senior advisors. This has raised concerns about the integrity of the administration's policymaking and the potential conflicts of interest arising from their appointments.

Ivanka Trump and Jared Kushner's White House roles

Ivanka Trump and Jared Kushner's roles in the Trump administration have raised concerns about the violation of federal nepotism rules. Ivanka Trump is Advisor to the President, focusing on the education and economic empowerment of women and their families, as well as job creation and economic growth through workforce development, skills training, and entrepreneurship. She was appointed to this role in March 2017, and it was initially reported that she would not take a formal role in the administration. Ivanka's husband, Jared Kushner, served as a Senior Advisor to President Trump from 2017 to 2021. He was also Director of the Office of American Innovation. Kushner's appointment as Senior Advisor was questioned on the basis of a 1967 anti-nepotism law, which forbids public officials from hiring family members in agencies or offices they oversee. However, the Department of Justice Office of Legal Counsel issued an opinion stating that the anti-nepotism law does not apply to appointments within the White House, as it is not considered an 'agency'.

Both Ivanka and Kushner have been accused of using personal email accounts for government business, with Ivanka using her private email on hundreds of occasions in 2017. This has sparked concerns about the potential mishandling of classified information. Ivanka and Kushner have also been criticised for their unnecessary use of military transport and their involvement in the renewal of leases for a Chilean mining company. Furthermore, Kushner's business activities in China drew scrutiny for mixing government with business, and his investments in real estate and financial services have been controversial due to conflicts of interest.

Andrew Giuliani's appointment

Andrew Harold Giuliani, born on January 30, 1986, is an American politician, political commentator, and former professional golfer. He is the son of Rudy Giuliani, the former mayor of New York City. Andrew Giuliani's appointment to the Trump administration has been a subject of controversy, with some arguing that it violates anti-nepotism laws.

In 2017, Andrew Giuliani was appointed to the role of Associate Director of the Office of Public Liaison in the Trump administration. This appointment raised concerns about potential nepotism, as it was seen as an example of President Trump favouring relatives and close associates for government roles. Giuliani's initial salary of $77,000 also drew scrutiny. By 2019, his salary had increased to $95,000 as he took on additional responsibilities as Special Assistant to the President.

During his time in the Trump administration, Andrew Giuliani worked closely with high-level business leaders and CEOs, contributing to policy formulation, including the 2017 tax cuts and the deregulation of businesses. He also played a role in crafting the Paycheck Protection Program during the coronavirus pandemic and was involved in President Trump's Great American Reopening Committee.

In addition to his political career, Andrew Giuliani has pursued a career in professional golf. He turned pro in 2009 and won the Metropolitan Open, earning $27,500. Between 2009 and 2016, he participated in minor league tours and a Golf Channel reality show. He also has a background in finance and real estate, having interned at CapRok Capital, Brownstone Investment Group, and Jones Lang Lasalle.

William Barr's son-in-law and daughter's government roles

William Pelham Barr, who served as the US Attorney General from 1991 to 1993 under President George H. W. Bush and again from 2019 to 2020 under President Donald Trump, has three daughters: Mary Barr Daly, Patricia Barr Straughn, and Margaret (Meg) Barr.

Mary Barr Daly, the eldest daughter, was a senior Justice Department official overseeing the department's anti-opioid and addiction efforts. In February 2019, as William Barr awaited Senate confirmation for his appointment as attorney general, Mary left her post at the Department of Justice and joined the Treasury Department's financial crimes unit. Mary's husband, Mike, is an attorney at the Department of Justice in the National Security Division.

Patricia Barr Straughn, the middle daughter, is an attorney and has served as Counsel to the House Agriculture Committee for over a decade. Her husband, Pelham, is a founding partner of a consulting firm.

Margaret (Meg) Barr, the youngest daughter, is a former Washington prosecutor and cancer survivor. She worked as an Assistant United States Attorney in the District of Columbia but later moved to Capitol Hill to work for Senator Mike Braun of Indiana. Meg's husband, Tyler, is also an Assistant United States Attorney in the Eastern District of Virginia.

While the appointments of William Barr's daughters and son-in-law to various government roles may raise eyebrows, it is important to note that they are experienced professionals in their respective fields. The anti-nepotism statute primarily aims to prevent the president from appointing family members to government positions, and there is no indication that President Trump appointed William Barr's family members to their respective roles.

Trump's sons' foreign business

While Donald Trump has claimed that he would be turning over complete and total control of the Trump Organization to his sons, his decision to hand over the reins to his children has drawn criticism. Most previous presidents have temporarily relinquished control of their assets to blind trusts, rather than family members.

Trump's sons, Eric and Don Jr., have sold more than $100 million of their father's real estate since he took office. In the Dominican Republic, the younger Trumps sold a piece of land in January 2018 for $3.2 million, violating their father's pledge to do no new foreign deals while in office. They have also sold properties to individuals with ties to foreign governments, including a mansion in Beverly Hills to an Indonesian billionaire and business partner of their father, and a Manhattan penthouse to a woman who runs a business selling access to Chinese officials.

In addition, Trump's sons have continued to pay down their father's debts, wiping out roughly $19 million of liabilities in New York and $8 million of debt in San Francisco.

The Trump Organization's ethics plan for Trump's second term does not include a pledge to refrain from pursuing deals with overseas interests. Instead, the company has said it will track any profits made from foreign government entities and donate them to the US Treasury.

Ivanka Trump's Chinese patents

Ivanka Trump, daughter of former US President Donald Trump, has been at the centre of several controversies regarding her Chinese trademarks and patents.

Ivanka Trump served as an adviser to her father during his presidency. She was appointed to this role in March 2017, and the day before, she applied for 17 new trademarks with the Chinese government. This has raised concerns about potential conflicts of interest, as Ivanka has continued to profit from her eponymous brand.

In May 2018, the Chinese government granted Ivanka's brand a series of trademarks. China has also granted provisional approval for trademarks to DTTM Operations LLC, a company headquartered at Trump Tower in New York. These trademarks cover a range of products and services, including fashion gear, restaurant and hotel services, and voting machines.

The approvals of these trademarks have raised ethical concerns, particularly as they were granted during a period of tense trade negotiations between China and the US. Critics worry that China could exploit valuable intellectual property rights for political leverage. There are also concerns that the Trumps may have made foreign policy decisions in the interest of their businesses.

In total, by April 2019, Ivanka had been granted 41 trademarks by the Chinese government. Notably, the trademarks she applied for after her father became president were approved about 40% faster than those requested before the 2016 election. This has led to accusations of nepotism and questions about the integrity of the Trump administration's policymaking.

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