Paid or Unpaid Nepotism... Is Illegal

Why isn't anyone saying anything about Trump's nepotism? According to the law, it is illegal whether the President's relatives are paid or not. Doesn't the law apply to the President too? Is Trump exempt from it?

President Trump is Legally Barred from Appointing His Family Members

by Rachel Stockman | 12:14 pm, November 14th, 2016

Over the last few days, there has been a lot talk about whether Donald Trump will name his sons, daughters, or son-in-law Jared Kushner to a top position in the White House. Last week, Trump did tap Jared, Ivanka, Donald Jr. and Eric to be part of the transition team. But what about the White House? CBS News’ Lesley Stahl stoked the speculation when she asked whether “any of you want a job in your father’s administration?”Only problem? Trump is actually legally barred from appointing family members to an official position. That’s all because of a federal law passed in 1967.

The law is pretty clear:

(b) A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, 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. An individual may not be appointed, employed, promoted, or advanced in or to a civilian position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual.

Kushner, who is married to Ivanka Trump, would also be barred, as the law specifically defines that “son-in-law” is a relative. Despite this statute, the mainstream media continues to hype up speculation that one of the Trump family members could be appointed.  The law was originally passed after President Kennedy appointed his younger brother to attorney general.

Eric Trump was specifically asked about whether he would take a position in the White House on ’60 Minutes’:

Eric Trump: So we have an amazing company. You know, one of, I think, the fortunate things for my father and our father is that he was able to step out of the company to run for commander-in-chief. And I think he’s going to rely on us more than ever. And–

Lesley Stahl: So you’ll stay up here?

Eric Trump: So we’ll– we’ll– we’ll be in New York and we’ll take care of the business. I think we’re going to have a lot of fun doing it. And we’re going to make him very proud.

Interestingly, there may be a loophole around all of this. The law says that penalty for violating this law is that the person is “not entitled to pay.” So theoretically, if the Trump children were willing to give up a salary, they might be able to get by. On Sunday night’s ’60 Minutes,’ Trump told Lesley Stahl that he would not take a salary as president.

So, what could happen if Trump did it anyway?

“While it’s true that the penalty for violation of the statute is just to withhold salary or other financial remuneration from the wrongfully appointed employee, there’s also the possibility that any action taken by such a wrongfully appointed employee could be subject to legal challenge and potentially even be voidable,” Steve Vladeck, professor of law at the University of Texas School of Law told CNN.************************************************************************************************




Cornell University Law School
Legal Information Institute

U. S. Code Title 5 - Part III - Subpart B - Chapter 31 - Subchapter I -(s) 3110

5 U.S. Code - (s) 3110 - Employment of Relatives; Restrictions

U. S. Code

  (a)For the purpose of this section—

(1)“agency” means—

(A)

an Executive agency;

(B)

an office, agency, or other establishment in the legislative branch;

(C)

an office, agency, or other establishment in the judicial branch; and

(D)

the government of the District of Columbia;

(2)

“public official” means an officer (including the President and a Member of Congress), a member of the uniformed service, an employee and any other individual, in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals, or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in an agency; and

(3)

“relative” means, with respect to a public official, an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

(b)

A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, 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. An individual may not be appointed, employed, promoted, or advanced in or to a civilian position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual.

(c)

An individual appointed, employed, promoted, or advanced in violation of this section is not entitled to pay, and money may not be paid from the Treasury as pay to an individual so appointed, employed, promoted, or advanced.

(d)

The Office of Personnel Management may prescribe regulations authorizing the temporary employment, in the event of emergencies resulting from natural disasters or similar unforeseen events or circumstances, of individuals whose employment would otherwise be prohibited by this section.

(e)

This section shall not be construed to prohibit the appointment of an individual who is a preference eligible in any case in which the passing over of that individual on a certificate of eligibles furnished under section 3317(a) of this title will result in the selection for appointment of an individual who is not a preference eligible.

(Added Pub. L. 90–206, title II, § 221(a), Dec. 16, 1967, 81 Stat. 640; amended Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)

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