Trump can legally hire son-in-law: US Justice Department

January 22, 2017 13:29

US Justice Department has said that President Donald Trump's decision to hire his son-in-law as a senior White House adviser does not violate federal anti-nepotism laws.

The Office of Legal Counsel issued a 14-page memo, saying that the president is not barred from appointing Jared Kushner because federal law grants the president special hiring authority that exempts him and his hires from anti-nepotism laws.

Anti-nepotism laws prevent appointment of family members to government positions. The statute, from 1967, reads: "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."

The law specifically identifies the president as one of the "public officials" the law applies to and a "son-in-law" as a prohibited relative.

But federal law also authorises the president "to appoint and fix the pay of employees in the White House Office without regard to any other provision of law regulating the employment or compensation of persons in the government service", CBS News reported.

"The most natural and straightforward reading of the President may appoint relatives as employees in the White House Office 'without regard to' the anti-nepotism statute," the OLC concluded.

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