What Are Those Plans – How to I.D. them is the Biggest Problem
Never Look Back - All That Green and Opportunities - We're All Set
In the opinion, written by Daniel Koffsky, Dep AG in the OLC, which serves as interpreter of federal law for the W/H, he said in part: “In choosing his personal staff, the President enjoys an unusual degree of freedom, which Congress found suitable to the demands of his office. The anti-nepotism law covers only appointments in the “Executive Agency” and the White House Office is not an executive agency within that law. The president is authorized to make appointments to the W/H staff “without regard to any other provision of law regulating the employment or compensation of persons in the government service.”
(NOTE: Koffsky was citing the separate law (described here) that gives the President broad powers to hire his W/H staff advise he also said was poorly given to Carte, Reagan, Clinton, and Obama for their desired to hire relatives).
That argument was also put forward by Kushner's personal attorney, Jamie S. Gorelick (leaving Kushner) earlier in the week wrote in the NY Times: “The appointment of Jared Kushner, President-elect Donald Trump's son-in-law, as a White House senior adviser is clearly lawful under that staff hiring authority.”
Kushner was a key political strategist on Trump's election. But federal anti-nepotism laws brought into question whether he could continue his influence in the President's life post-election. Trump, as well as many as of his Cabinet nominees has been criticized for conflicts of interest.
But the DOJ in this specific Kushner and Ivanka hires, are saying: “A President wanting a relative's advice on governmental matters therefore has a choice: to seek that advice on an unofficial, ad hoc basis without conferring the status and imposing the responsibilities that accompany formal White House positions; or to appoint his relative to the White House under Title 3 and subject him to substantial restrictions against conflicts of interest. We believe that the President's special hiring authority in Title 3 U.S.C. §105(a) (also cited above) permits him to make appointments to the White House Office that the anti-nepotism statute might otherwise forbid.”
Big legal loophole? And, that's why W/H lawyers get the big bucks to find those loopholes, neatly placed in laws by Congress who later complains when they are used for an opponent’s gain, but not theirs.
Neat trick isn’t it? Yes, it is…!!! It's called slick dirty politics and boy do we fall for it each election with their fancy tap dancing…