The President has the right to appoint who he wants if you look at the law. Kellyanne Conway
You can look at the law (5 U.S. Code § 3110 – Employment of relatives; restrictions) yourself. Most observers see more ambiguity than Conway does. However, the intent of the law is clear. If it doesn’t apply to Kushner, it should.
The nepotism law was passed after President Kennedy appointed his brother, Robert, as Attorney General. It was clearly intended to apply to the executive branch, but perhaps only to Cabinet Officers. If a nepotism law is a good idea, it should apply to all; there is no cause for exceptions.