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Jared Kushner’s Appointment Is Legal Jared Kushner’s Appointment Is Legal
(about 1 hour later)
To the Editor:To the Editor:
Re “Mr. Trump Keeps It in the Family” (editorial, Jan. 13):Re “Mr. Trump Keeps It in the Family” (editorial, Jan. 13):
I take issue with your editorial with respect to the legality of Jared Kushner’s service in the White House.I take issue with your editorial with respect to the legality of Jared Kushner’s service in the White House.
A decade after the anti-nepotism law was passed, Congress authorized the president to “appoint … employees in the White House Office without regard to any other provision of law regulating the employment … of persons in the Government service.” The House and the Senate said that this measure gave the president “total discretion in the employment … of all employees in the White House Office.”A decade after the anti-nepotism law was passed, Congress authorized the president to “appoint … employees in the White House Office without regard to any other provision of law regulating the employment … of persons in the Government service.” The House and the Senate said that this measure gave the president “total discretion in the employment … of all employees in the White House Office.”
The appointment of Jared Kushner, President-elect Donald Trump’s son-in-law, as a White House senior adviser is clearly lawful under this authority.The appointment of Jared Kushner, President-elect Donald Trump’s son-in-law, as a White House senior adviser is clearly lawful under this authority.
In addition, it is not only “lawyers for Mr. Trump and Mr. Kushner” who have concluded that the anti-nepotism law does not apply to the White House Office. Two well-respected members of the United States Court of Appeals for the District of Columbia expressed that view in a published opinion, after the Clinton Justice Department advocated for the very same reading of the nepotism law.In addition, it is not only “lawyers for Mr. Trump and Mr. Kushner” who have concluded that the anti-nepotism law does not apply to the White House Office. Two well-respected members of the United States Court of Appeals for the District of Columbia expressed that view in a published opinion, after the Clinton Justice Department advocated for the very same reading of the nepotism law.
JAMIE S. GORELICKJAMIE S. GORELICK
New York Washington
The writer is counsel to Mr. Kushner.The writer is counsel to Mr. Kushner.