No such thing as nepotism in the Trump administration

Politico reports that the Justice Department has “blessed” the appointment of President Trump’s son-in-law Jared Kushner to a position as senior adviser in the White House, saying, in effect, that federal anti-nepotism law does not apply.

It seems to apply just about everywhere else – just not the White House.

What is nepotism, anyway?

Merriam Webster defines nepotism as favoritism based on kinship. In nepotism, a person in a position of power appoints or hires a family member wholly or in part because of those family ties.

In this case, Trump seeks to appoint Kushner to a senior adviser role, in which, among other things, Kushner would apparently work to resolve the Israeli-Palestinian conflict.

Is the President a public official?

Of course he is. Even the anti-nepotism law says so. In general, this law places hiring restrictions on public officials. And, yes, “public officials” includes the President and Congressional members.

Under 5 U.S. Code § 3110: “A public official may not appoint or employ […] in or to a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control any individual who is a relative of the public official.”

The language seems relatively clear, but like many laws (perhaps most), this one is subject to interpretation. It so happens that, in this case, the Justice Dept. interpreted the law in favor of the Trump administration. Its 14-page opinion argues that the law does not apply to the White House itself, as Politico reports, citing a 1978 law that gives the President wide latitude in appointing White House officials.

What does this mean for everyone else?

It now appears that Trump is free to appoint his son-in-law to a role in the White House, where the 36-year-old Kushner will presumably go from real estate developer to broker of peace among nations. Kushner’s “unwavering loyalty” to his father-in-law (as per Kushner’s Wikipedia page) will undoubtedly be a great asset to the new President.

But that doesn’t mean nepotism isn’t at issue here, at least where the law is concerned.

After all, it’s highly unlikely that Mom or Pop, as public officials in any other agency in any other place in the U.S., could so readily hire Son or Daughter to serve as a government employee in a similar manner. Doing so would likely violate anti-nepotism law.

Lawmakers work to eliminate federal employees’ due process rights

Jeff Spross’s opinion piece in The Week headlines with a bang (much like most pieces on President Trump) by asserting Trump’s “foolish demonization of public workers,” and this first line: “The so-called ‘greatest jobs president that God ever created’ began his presidency by refusing to hire people.” Spross refers to an executive order that put a freeze on hiring of federal employees, signed on Jan. 23, Trump’s first full day on the job.

But Trump isn’t the only one “demonizing” public workers.

GOP lawmakers, emboldened by the new administration, and by the political reality of controlling both the House and the Senate, are jumping on board as well. Lawmakers are currently working to weaken or eliminate the due process rights of federal employees.

The Holman Rule, revived from the dead

As per the Washington Post, one such example is the Holman Rule, which House Republicans revived from the dead. It allows lawmakers to go so far as to “single out” an individual federal employee, targeting the employee’s pay.

How might this work?

A government scientist studying climate change, for example, who insists on tweeting to the public, against the Trump administration’s orders, may theoretically find his or her pay cut to just $1, effectively ending employment, much like Milton in the movie Office Space.

“[O]pponents and supporters agree that the work of 2.1 million civil servants, designed to be insulated from politics, is now vulnerable to the whims of elected officials,” as Jenna Portnoy and Lisa Rein report for the Post.

A sad state of affairs indeed.

Contact Alan Lescht and Associates today if you believe your due process rights have been violated.