They’ll carry on shouting about nepotism anyway

MEMORANDUM OPINION FOR THE COUNSEL TO THE PRESIDENT
You have asked whether section 3110 of title 5, U.S. Code, which forbids a
public official from appointing a relative “to a civilian position in the agency . . .
over which [the official] exercises jurisdiction or control,” bars the President from
appointing his son-in-law to a position in the White House Office, where the
President’s immediate personal staff of advisors serve. We conclude that section
3110 does not bar this appointment because the President’s special hiring authority
in 3 U.S.C. § 105(a) exempts positions in the White House Office from section
3110.
A decision of the D.C. Circuit, Haddon v. Walters, 43 F.3d 1488 (D.C. Cir.
1995) (per curiam), lays out a different, but overlapping, route to the same result.
According to the reasoning of Haddon, section 3110 does not reach an appointment
in the White House Office because section 3110 covers only appointments in
an “agency,” which the statute defines to include “Executive agenc[ies],” and the
White House Office is not an “Executive agency” within the definition generally
applicable to title 5. Although our analysis does not track every element of the
D.C. Circuit’s reasoning about the meaning of “Executive agency,” we believe
that Haddon arrived at the correct outcome and that our conclusion here—that,
because of the President’s special hiring authority for the White House Office,
section 3110 does not forbid the proposed appointment—squares with both the
holding and a central part of the analysis in that case

Essentially, appointing Kushner to Carson’s job at HUD would be entirely verboeten. And rightly so. Bunging him a couple of 100 k a year to offer direct advice is OK and also rightly so.

After all, Hillary was appointed to something about health care, wasn’t she?

But they’ll not stop complaining, obviously.

25 comments on “They’ll carry on shouting about nepotism anyway

  1. Boy did that guy get lucky. rich, beautiful young heiress wife. Gets on well with her billionaire daddy. Most would be happy with that. But no … this guy … daddy becomes president. and the cherry? a job in the white house.

  2. Yes, thus the laws brought in after he did that.

    Same with the only two terms for President. After FDR won his 4 th term (and then died) they changed the law.

  3. Odd isn`t it . We have impoverished ourselves for a generation weakened the Western alliance inspired Fascism in Europe and America ( and they are quite clear on that) and yet we talk about a joke Boris made .
    Trump is threatening a global trade war ,he has stoked up primitive ethnic unrest . he is cosying up to Putin and backing off NATO ,m leaving Eastern Europe quaking and what do we worry about .

    Tim stop siding with evil , Murphy is a twat I agree , good work, but Trump is a global catastrophe and Brexit an exercise in delusional fairy tale telling . When were you so anti-business , anti-trade , anti-Globalism

    Globalism is good , surely you see that ?

  4. “Didn’t JFK put his brother in a cabinet position?” And how many positions did Bobby put Jackie in?

  5. To me, handing out jobs to your family seems small beer compared with handing out jobs to your friends.

  6. Newmania – “Trump is a global catastrophe and Brexit an exercise in delusional fairy tale telling .”

    It is not so much that you are a prat that I mind. It is that you are a prat who has taken the name of Cardinal Newman.

    Although of course when I say “prat”….

    “Globalism is good , surely you see that ?”

    No it isn’t. Not in and of itself. Reducing the world’s biodiversity to a small number of European species is a disaster. Globalisation has not worked out for the bird species of New Zealand. It is not working out for the White populations of the world either.

  7. That is rhetoric not reality; we do more trade with Ireland than the entire Commonwealth. Outside the single market and customs union, the UK would have to penetrate the US and Chinese markets in terms that are utterly unrealistic. These two countries account for half of UK exports to the non-EU countries among our top 25 trading partners. They are hugely protected by non tarrif barriers
    Anyway the increase in US imports has flattened as the country’s potential growth rate has dropped, and China’s imports are slowing with slowing growth. The US has its most protectionist ( and odious )regime in my lifetime. Most of the rest of the UK’s non-EU trade is with Norway and Switzerland, which will retain single-market relations with the EU.The crux of our economy (28% ) is in exports and it is all in our largest Companies .We cannot live on plumbers and hairdressers Tim !
    Reality check required.
    Free Trade is always subject to cheap populist winker politicians like Trump ready to blame everything on foreigners , the emotional lure of protectionism is not unlike the lure of collectivism.
    The reality of free tarde is the EU with all its irritations compromises and bickering , there is not free lunch and certainly not with America

    Look Tim I have read your blog with approval for years , you are good bloke but you are so so wrong on this . You must be aware that business, the City and 4500,000 remain Conservatives detest this outbreak of lunatic Nationalism
    One more thing I will say , you do not start a movement based on “Our People first” and then tell them a load of cheap imports are headed their way.Look at Nissan , they want compensation to say , they cannot have it not if we are going to trade freely , I shall assume you understand why

    You have always railed against fake easy answers to genuinely difficult problems ( such as the idiot Murphy)… …..please go back to that . I liked that and we need you and people like you to save the country, we need everyone

  8. Just what we need –yet another CM prick who thinks he’s just discovered astroturfing.

    “Yes I really support your ideas Tim BUT….”

  9. ( CM ?)

    I like Tim, I think he is a handsome and brilliant man.
    The logic of his own magnificence impels his agreement to my Remain view if you will….. well keep an open mind anyway 🙂

    Toodles

  10. “You have always railed against fake easy answers to genuinely difficult problems”

    Actually, I ended up voting Leave for this very reason.

  11. we do more trade with Ireland than the entire Commonwealth

    I wonder why? (But citation needed anyway.)

    It wasn’t always that way. I wonder if being in the E-effing-U has had anything to do with it?

  12. Trump is threatening a global trade war ,he has stoked up primitive ethnic unrest . he is cosying up to Putin and backing off NATO ,m leaving Eastern Europe quaking and what do we worry about .

    You now, Amanduh Marcotte in her glory days at Pandagon couldn’t have said it any better.

  13. UK trade with Ireland – £27.4bn (ytd Nov 16)

    UK trade with Canada, India, Australia and South Africa – £38.4bn (same figures.) And there is clearly more to the Commonwealth than those.

    Link to the source stats.

    So no, we don’t.

  14. SE,
    Whateva, what about the feels though?

    Newmania has fallen for the idea that the EU equals Free Trade.

    He also makes the classic mistake of believing that we’ve reached some sort of endpoint, that human development is now done.

    Sclerotic Europe’s answer to Global competition is to erect trade barriers against the world. I can understand the benefits of an EU that spent less time navel-gazing, or one that was able to change direction as events demanded.

  15. re: Hallowed Be

    What Donald Trump saw in his son in law Jared Kushner is a younger version of himself. Trump took the 10 million in Elizabeth Trump and Son Organization (the Trump company was set up after the untimely death of the founder and headed by his grandmother for a time) and made it into what it is now.

    Jared Kushner’s father was sentenced to jail for trying to bribe his own brother during a court case. He had to step in and revived the company and did a pretty good job at it, greatly expand their holding. During his engagement to Ivanka Trump, all of the objections regarding their relationship came from his side of the family.

    He also took over the digital end of the Trump election campaign, and ran it lean and effectively.

  16. It probably wasn’t the best idea to bring up Hillary’s healthcare effort. The nepotism point was brought up then as well. I’d look for a link but it was Rush and I really hate listening to him.

  17. Meanwhile, another bunch of clowns come to the party:

    A US legal watchdog says it will file a lawsuit against President Donald Trump, alleging he is violating a constitutional ban on accepting payments from foreign governments.
    The group of lawyers and researchers say he is receiving payments from foreign governments via guests at his hotels and leases on his buildings

    I suppose its not a surprise, the Rs were quick to the lawsuit quoting the Constitution at the slightest chance.

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