Is Kushner’s appointment legal?

conway.jpgThe 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.

https://www.law.cornell.edu/uscode/text/5/3110

http://nypost.com/2017/01/10/why-anti-nepotism-law-might-not-apply-to-kushner-appointment/

http://blog.constitutioncenter.org/2017/01/kushners-appointment-brings-attention-to-anti-nepotism-law/

 

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About whungerford

* Contributor at NewNY23rd.com where we discuss the politics, economics, and events of the New New York 23rd Congressional District (Allegany, Cattaraugus, Chautauqua, Chemung, (Eastern) Ontario, Schuyler, Seneca, Steuben,Tioga, Tompkins, and Yates Counties) Please visit and comment on whatever strikes your fancy.
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2 Responses to Is Kushner’s appointment legal?

  1. Deb Meeker says:

    What of the President appointing a new Supreme Court Justice? Does the law apply to that?

    • whungerford says:

      I suppose not. The Constitution (Article II, Section 2) allows the President to appoint a person to the Supreme Court “by and with the advice and consent of the Senate.” Trump could appoint his daughter if the Senate would agree with that.

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