How is Trump not in violation of the Nepotism law?

Page 2 - Seeking answers? Join the AnandTech community: where nearly half-a-million members share solutions and discuss the latest tech.

redraider89

Junior Member
May 18, 2007
4
0
61
Welcome to the internet, Mr. 1 post lurker since 2007

LOL, Thanks. I just happened to come across this while investigating an issue with a new CPU install. I didn't expect to find politics here on Anandtech. And I am up to 3 now! I am no longer a 1 post lurker!
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
LOL, Thanks. I just happened to come across this while investigating an issue with a new CPU install. I didn't expect to find politics here on Anandtech.


Politics aplenty. Actual unbiased thought? Not so much. Pull up a chair and watch the critters in the zoo.
 

Red Storm

Lifer
Oct 2, 2005
14,233
234
106
Doesn't seem like it's breaking the law in question as was stated before, but just looking at it for what it is, it doesn't look very good, or smart.
 

soundforbjt

Lifer
Feb 15, 2002
17,788
6,040
136
It is entirely possible that present law will be egregiously broken by Trump once he assumes office. In that case he's in trouble. Despite what some think Republicans are hardly united in support of Trump, McCain for example. Given the right offense Trump can be removed.
But I'm sure this won't be one of them.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
But I'm sure this won't be one of them.


Since he hasn't broken a law nor even taken office, no. "Impeach the guy, I don't like him", rarely causes removal from office. Now if he appoints someone to an official position which is forbidden under law then we have a violation which can be used against Trump.

We'll certainly see what happens.
 

PokerGuy

Lifer
Jul 2, 2005
13,650
201
101
Oh I see, you just don't understand the laws themselves. ProTip: The law doesn't specify that the party engaging in Nepotism must pay his appointment.

What government agency will his son in law be employed by, and if he's not getting compensated, how can he be an employee?

In other words, it's not a violation of the law. That doesn't mean it's a good or smart thing to do, but it's not a violation of the law.

He's 100% in violation of many laws, but he has the pardon to protect him

Oh goodie, please enlighten us with your vast knowledge and evidence of how he's "100% in violation of many laws". This ought to be good.
 

wetech

Senior member
Jul 16, 2002
871
6
81
Apparently there's also a law from 1978 that gives the President latitude in his WH staff appointments. I think as long as it's not cabinet level, it's ok.

http://uscode.house.gov/statutes/pl/95/570.pdf
SEC. 105. (a) (1) Subject to the provisons of paragraph (2) of this

subsection, the President is authorized to appoint and fix the pay of
employees in the White House Office without regard to any other
provision of law regulating the employment or compensation of persons
in the Government service
. Employees so appointed shall perform
such official duties as the President may prescribe.
 

HomerJS

Lifer
Feb 6, 2002
36,289
28,144
136
The AG reports directly to POTUS. Sr Advisor reports directly to POTUS. Don't see the distinction.
What government agency will his son in law be employed by, and if he's not getting compensated, how can he be an employee?

In other words, it's not a violation of the law. That doesn't mean it's a good or smart thing to do, but it's not a violation of the law.



Oh goodie, please enlighten us with your vast knowledge and evidence of how he's "100% in violation of many laws". This ought to be good.
Take a look at this list of White House employees. There are people on list who have a compensation of "0" but are listed as "employees"
https://www.whitehouse.gov/21stcenturygov/tools/salaries
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
The AG reports directly to POTUS. Sr Advisor reports directly to POTUS. Don't see the distinction.

Take a look at this list of White House employees. There are people on list who have a compensation of "0" but are listed as "employees"
https://www.whitehouse.gov/21stcenturygov/tools/salaries

I'm the President. You are a relative. I announce I intend to ask you for advice. Are you an employee now? If my son asks me for advice do I now work for him?

Legal stuff matters and at this moment Trump can't be breaking any laws. Why? He isn't President. That has to be a thing. Now once he's in office let's see what he does and how he does it.

So if he's not in office how can he be in fact violating law?
 

nageov3t

Lifer
Feb 18, 2004
42,816
83
91
what ethical concerns are bothering you?
I mean, Kushner is "divesting" his assets by selling them to his mom and will be in a position to influence policy that could favor his family's bottom-line (including business dealings in China and other foreign countries)
 
Jan 25, 2011
16,634
8,778
146
I'm the President. You are a relative. I announce I intend to ask you for advice. Are you an employee now? If my son asks me for advice do I now work for him?

Legal stuff matters and at this moment Trump can't be breaking any laws. Why? He isn't President. That has to be a thing. Now once he's in office let's see what he does and how he does it.

So if he's not in office how can he be in fact violating law?
The distinction here would be that you wouldn't need to have special clearances for your son to ask your opinion on something. Kushner, and correct me if I am wrong, will require full clearances etc... to hold this position. It's not an informal capacity like the situation you describe. The legal issue will have to be settled.

As an aside, I personally think Kushner brings a little more stability and levelheadedness which is sorely needed. The flip side to that is it hasn't had much effect up until now so I'm not filled with confidence it will in the future.
 

OutHouse

Lifer
Jun 5, 2000
36,413
616
126
I mean, Kushner is "divesting" his assets by selling them to his mom and will be in a position to influence policy that could favor his family's bottom-line (including business dealings in China and other foreign countries)

so speculation of ethical issues. gotcha.
 

nageov3t

Lifer
Feb 18, 2004
42,816
83
91
The distinction here would be that you wouldn't need to have special clearances for your son to ask your opinion on something. Kushner, and correct me if I am wrong, will require full clearances etc... to hold this position. It's not an informal capacity like the situation you describe. The legal issue will have to be settled.

As an aside, I personally think Kushner brings a little more stability and levelheadedness which is sorely needed. The flip side to that is it hasn't had much effect up until now so I'm not filled with confidence it will in the future.
the President has wide authority with regards to security clearances... he can basically talk to whoever he wants to about anything without them needing to have formal security clearance.

for Kushner to need security clearance, my assumption is that he'll be working with intel outside of just talking with Trump (like attending the daily briefings in his place)
 

rudder

Lifer
Nov 9, 2000
19,441
86
91
Republicans are not bound by ethical concerns among their own, anyway.

Exactly I remember the post where you were up in arms about Bill Clinton making Hillary head of a healthcare task force. I am so glad Hillary switched to the democratic party to get away from those ethical violations.
 
Jul 9, 2009
10,723
2,064
136
Not only is he Trump's son-in-law...he appears to have the same business ethics...

https://www.google.com/url?sa=t&sou...TPsCz2hkHXBmQvc1A&sig2=XMWAPyw4Hqmbm1BeLoRTww
"Kushner, who declined to be interviewed for this article, has hired a Washington, D.C., law firm, WilmerHale, to advise him on how to comply with federal ethics laws should he join the White House staff as an adviser to the president."

Seems to me that hiring a high powered Washington law firm to make sure you are complying with the law is exactly what the guy is doing, and is exactly what he should be doing. I can either trust the opinion of this firm, or the opinion of some slack jawed redneck on the internet. Tough call at times, but in this case i'll believe the Washington law firm.
 

senseamp

Lifer
Feb 5, 2006
35,787
6,195
126
My prediction is Trump will pardon his whole family for any crimes they commit while he is in office.
 

MongGrel

Lifer
Dec 3, 2013
38,751
3,068
121
Once Trump takes office ethics violations should be non stop, he has already set up personal business's all over near the White House, let alone his relatives.

We'll see.
 
Jul 9, 2009
10,723
2,064
136
https://www.nytimes.com/2017/01/21/us/politics/donald-trump-jared-kushner-justice-department.html
"
WASHINGTON — The Justice Department has issued an opinion saying that President Trump’s appointment of his son-in-law, Jared Kushner, as a senior White House adviser does not violate federal anti-nepotism laws.

In a 14-page opinion issued on Friday by the department’s Office of Legal Counsel, government lawyers said that the president’s special hiring authority exempted White House positions from federal laws barring the president from appointing relatives to lead federal agencies."

I'm, i'm stunned. How can this be? !!
nah, it's what i expected.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
https://www.nytimes.com/2017/01/21/us/politics/donald-trump-jared-kushner-justice-department.html
"
WASHINGTON — The Justice Department has issued an opinion saying that President Trump’s appointment of his son-in-law, Jared Kushner, as a senior White House adviser does not violate federal anti-nepotism laws.

In a 14-page opinion issued on Friday by the department’s Office of Legal Counsel, government lawyers said that the president’s special hiring authority exempted White House positions from federal laws barring the president from appointing relatives to lead federal agencies."

I'm, i'm stunned. How can this be? !!
nah, it's what i expected.

Yeah I saw that. Looks like anything goes pretty much.
 

bshole

Diamond Member
Mar 12, 2013
8,315
1,215
126
"Kushner, who declined to be interviewed for this article, has hired a Washington, D.C., law firm, WilmerHale, to advise him on how to comply with federal ethics laws should he join the White House staff as an adviser to the president."

Seems to me that hiring a high powered Washington law firm to make sure you are complying with the law is exactly what the guy is doing, and is exactly what he should be doing. I can either trust the opinion of this firm, or the opinion of some slack jawed redneck on the internet. Tough call at times, but in this case i'll believe the Washington law firm.

I would not be surprised if Trump's presidency turns out to be the most corrupt in American history and Trump gets impeached and removed from office.
 
sale-70-410-exam    | Exam-200-125-pdf    | we-sale-70-410-exam    | hot-sale-70-410-exam    | Latest-exam-700-603-Dumps    | Dumps-98-363-exams-date    | Certs-200-125-date    | Dumps-300-075-exams-date    | hot-sale-book-C8010-726-book    | Hot-Sale-200-310-Exam    | Exam-Description-200-310-dumps?    | hot-sale-book-200-125-book    | Latest-Updated-300-209-Exam    | Dumps-210-260-exams-date    | Download-200-125-Exam-PDF    | Exam-Description-300-101-dumps    | Certs-300-101-date    | Hot-Sale-300-075-Exam    | Latest-exam-200-125-Dumps    | Exam-Description-200-125-dumps    | Latest-Updated-300-075-Exam    | hot-sale-book-210-260-book    | Dumps-200-901-exams-date    | Certs-200-901-date    | Latest-exam-1Z0-062-Dumps    | Hot-Sale-1Z0-062-Exam    | Certs-CSSLP-date    | 100%-Pass-70-383-Exams    | Latest-JN0-360-real-exam-questions    | 100%-Pass-4A0-100-Real-Exam-Questions    | Dumps-300-135-exams-date    | Passed-200-105-Tech-Exams    | Latest-Updated-200-310-Exam    | Download-300-070-Exam-PDF    | Hot-Sale-JN0-360-Exam    | 100%-Pass-JN0-360-Exams    | 100%-Pass-JN0-360-Real-Exam-Questions    | Dumps-JN0-360-exams-date    | Exam-Description-1Z0-876-dumps    | Latest-exam-1Z0-876-Dumps    | Dumps-HPE0-Y53-exams-date    | 2017-Latest-HPE0-Y53-Exam    | 100%-Pass-HPE0-Y53-Real-Exam-Questions    | Pass-4A0-100-Exam    | Latest-4A0-100-Questions    | Dumps-98-365-exams-date    | 2017-Latest-98-365-Exam    | 100%-Pass-VCS-254-Exams    | 2017-Latest-VCS-273-Exam    | Dumps-200-355-exams-date    | 2017-Latest-300-320-Exam    | Pass-300-101-Exam    | 100%-Pass-300-115-Exams    |
http://www.portvapes.co.uk/    | http://www.portvapes.co.uk/    |