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It's not settled law...
Posted on: December 29, 2016 at 17:21:54 CT
Salty Dog MU
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What's not settled law is the definition of "agency." The heart of the debate: Does the White House – or the Executive Office of the President – count as "agencies" under this statute?
Perhaps the legal precedent cited most often to make a case in Kushner's favor is from a 1990s lawsuit involving, of all people, Hillary Clinton.
When President Bill Clinton appointed his wife to chair the Task Force on National Health Care Reform, a lobbying group filed a lawsuit in the D.C. courts. The central legal question in that case wasn't actually about the anti-nepotism statute – it was about whether Hillary Clinton's task force had to publicly disclose records.
But almost as a passing mention in the D.C. Circuit's 1993 opinion, the court said that the federal anti-nepotism statute does not appear to cover staff in the White House or in the Executive Office of the President. Judge Laurence Silberman wrote, "So, for example, a president would be barred from appointing his brother as attorney general, but perhaps not as a White House special assistant."
Perhaps the legal precedent cited most often to make a case in Kushner's favor is from a 1990s lawsuit involving, of all people, Hillary Clinton.
When President Bill Clinton appointed his wife to chair the Task Force on National Health Care Reform, a lobbying group filed a lawsuit in the D.C. courts. The central legal question in that case wasn't actually about the anti-nepotism statute – it was about whether Hillary Clinton's task force had to publicly disclose records.
But almost as a passing mention in the D.C. Circuit's 1993 opinion, the court said that the federal anti-nepotism statute does not appear to cover staff in the White House or in the Executive Office of the President. Judge Laurence Silberman wrote, "So, for example, a president would be barred from appointing his brother as attorney general, but perhaps not as a White House special assistant."
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It's not settled law... - Salty Dog MU - 12/29 17:21:54