DOJ releases overruled memos finding it illegal for presidents to appoint relatives

[forgotmylogin]

Source: Politico

The Justice Department has released a series of recently overruled legal memos concluding that presidents cannot appoint their relatives to the White House staff or presidential commissions, even to unpaid posts.

In January, a career Justice Department official essentially declared the earlier opinions erroneous or obsolete, clearing the way for President Donald Trump's son-in-law Jared Kushner to take a senior adviser position in the White House. First daughter Ivanka Trump later took a similar official but unpaid slot under the same legal rationale.

The newly-disclosed opinions, issued to the Nixon, Carter and Reagan White House and obtained by POLITICO Monday through a Freedom of Information Act request, detail how Justice Department lawyers concluded for decades that such appointments of family members were illegal under an anti-nepotism law passed in 1967.

"You have asked for our opinion on the question whether the President could appoint Mrs. Carter to be Chairman of a Commission on Mental Health proposed to be established in a forthcoming Executive Order. It is our opinion that he may not," acting Assistant Attorney General John Harmon wrote in a February 1977 memo to Carter White House Associate Counsel Douglas Huron.

Read more: http://www.politico.com/story/2017/10/03/justice-department-legal-memos-presidents-appoint-relatives-243395

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This needs to be made law in the future: no President may appoint family or anyone directly related to them to any government position; paid, unpaid, advisory or otherwise.

Relatives of the President may be elected to political positions on their own merits via a standard vote by regular citizens.

[vkkv]

1. If it was a law in 1967, it still the law. Jared and Ivanka must give up their security clearance.

The "law & order President".. right?

[gopiscrap]

5. I agree

[LudwigPastorius]

17. It's not so clear cut because of the wording of the law, and...

a couple of lower court decisions that may not define the Office of President as an "agency".

http://www.npr.org/2016/11/18/502637785/jared-kushner-and-the-anti-nepotism-statute-that-might-keep-him-from-the-white-h


I would argue that the intent of the law is to cover all White House positions, but of course Trump & Company doesn't give a shit.

[Scarsdale]

2. These two in the WH

on staff would be wrong even if they were QUALIFIED!! Neither of them are. Ivanka is an airhead, Jared's father had to PAY Harvard to accept him at the school since his grades were so bad. They add NOTHING to this fiasco, in fact they make it worse. People resent them, fo good reason.

[Kali]

3. what was Hillary Clintons position when she worked on healthhcare

during the Clinton administration?

[njhoneybadger]

4. First Lady

[gopiscrap]

6. she wasn't paid and I am pretty sure she didn't

have a security clearance

[leftofcool]

9. Correct, she did not.

edited for spelling

[Kali]

21. so it is the security clearance that is "key"

as Ivanka is not paid either. I ask because one should be careful doing things that can bite one in the ass when "we" are back in power. if there is a good qualified family member for a position, I don't personally have a problem with it. the problem is in situations like with Kushner, who is clearly not qualified for any of his tasks, and I doubt Ivanka is either other than to maybe calm tinyhands down on occasion. or at least distract him.

[thesquanderer]

7. It was complicated.

https://www.thedailybeast.com/hillary-clinton-helped-pave-way-for-jared-kushner-in-the-white-house

[George II]

8. Maybe trump can appoint Melania as the Decorator of the Interior?

[FakeNoose]

11. First Fashion Consultant

She actually does have pretty good taste in clothes.
Certainly better than her husband's or Ivanka's.

[camelfan]

10. Good thing it wasn't in effect in 1960.

No RFK as Attorney General, then.

[George II]

12. The memos state "White House staff or Presidential Commissions", not Cabinet members.

[camelfan]

13. Ah! I didn't read it closely enough.

Thanks for straightening me out.

[George II]

14. There was a big discussion against RFK back then anyway.

[karynnj]

18. It was his appointment that led to the law -- before that it was legal nt

[camelfan]

19. Thanks. I've seen a video of him...

saying something to the effect of "how did a man with no trial experience become Attorney General? Well, though hard work and dedication. And then, my brother was elected President of the United States." I'm guessing that would be considered pretty cheeky today.

[tclambert]

15. If made into a law in the future, they'll just override it again

or ignore it. Republicans can't be bothered with such legal trivia. All hail the supreme leader.

[Grins]

16. Law was the Reich-wing's reaction to Robert Kennedy being AG under his brother.

They hated bim. RFK publicly poked them right in the eye and they hated him.

[Sunlei]

20. Get rid of trumps family & any " appointed" family members of congress/senate.

our federal government isn't the mafia.