Now Many President Have Put Family Members in High Positions of Government?

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Jared Kushner

January 17, 2017
By Fact Bank check by Ballotpedia staff

In a Facebook mail, former U.S. Secretary of Labor Robert Reich criticized President-elect Donald Trump'due south option of Jared Kushner to serve every bit a senior counselor to the president.^[1] ^[2] Kushner, the CEO of Kushner Companies and publisher of Observer Media, is married to Trump's daughter Ivanka. He served as an counselor to Trump during the 2016 campaign and is a member of the president-elect'south transition team.

In his post on Jan 9, 2017, Reich, a Democrat who served in the Clinton assistants, wrote, "Just Kushner is Trump'due south son-in-law and business partner. His major loyalty is to Trump and Trump'due south global business empire, not to the American people. He has no experience in government. Kings and despots install family unit members around them, to protect their power and money. Presidents do non – at least non until at present."^[ane]

Is Reich correct? Has no president appointed a family unit fellow member to a position in the executive branch?

Reich is wrong. Several presidents, beginning with John Adams, appointed family unit members to executive co-operative positions.

Presidential appointments of family members

Prior to 1967, there were no legal restrictions on presidents appointing family members to jobs in the executive co-operative. Still, that changed in 1967 when Congress included in the Postal Acquirement and Federal Salary Act a department containing restrictions on government officials appointing family members to federal government jobs.^[3] That department of the act, commonly known as the Federal Anti-Nepotism Statute, states,

A public official may not engage, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position in the bureau in which he is serving or over which he exercises jurisdiction or command any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a noncombatant 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.^[4] ^[5]

The statute defines a public official as "an officer (including the President and a Member of Congress), a member of the uniformed service, an employee and whatsoever other individual, in whom is vested the authority by police, rule, or regulation, or to whom the authorisation has been delegated, to engage, employ, promote, or advance individuals, or to recommend individuals for date, employment, promotion, or advancement in connection with employment in an bureau."^[4]

There is, however, some question as to whether the statute applies to the president'south authority to engage members of his White House staff.^[6]

In 1978, Congress passed HR 11003: "A neb to clarify the authority for employment of personnel in the White House Office and the Executive Residence," which was signed into law by President Jimmy Carter.^[vii]

The law states, in office, that "the President is authorized to engage and set up the pay of employees in the White Business firm Part without regard to any other provision of law regulating the employment or compensation of persons in the Government service. Employees so appointed shall perform such official duties equally the President may prescribe."^[8]

In a 1993 ruling, Gauge Laurence Silberman of the U.S. Court of Appeals for the District of Columbia Circuit suggested the anti-nepotism statute might non apply to presidential appointments of White Firm personnel. In his determination in Clan of American Physicians and Surgeons, Inc. five. Clinton, Silberman wrote,

Although [the statute] defines agency as 'an executive agency,' we doubt that Congress intended to include the White House or the Executive Office of the President. And so, for instance, a President would exist barred from appointing his brother as Attorney Full general, but peradventure not as a White Firm special assistant.^[9] ^[5]

Silberman was ruling on whether federal open meetings laws applied to the President's Task Forcefulness on National Wellness Intendance Reform created in 1993 past President Bill Clinton and chaired by Commencement Lady Hillary Clinton.^[ix] At issue in the case was whether Hillary Clinton, in her capacity as head of the task force, could be considered an employee of the federal authorities. Since the anti-nepotism statute was non at issue in the case, Silberman's opinion had event on its legal status.

Hillary Clinton's appointment to the task strength is the only instance of a president appointing a family unit member to a position in the executive branch since the passage of the anti-nepotism statute.^[iii]

Presidential appointments prior to 1967

John Adams was the kickoff president to appoint family unit members to executive co-operative positions.^[10] Adams appointed his son, John Quincy Adams, equally U.Southward. minister resident to Prussia in 1797, a position equivalent to administrator.^[11] Adams also appointed his son-in-law, William Stephens Smith, to the position of surveyor of the port of New York in 1800.^[12]

According to the National Constitutional Eye, at least six 19th century presidents appointed family members to positions in the White Business firm or other positions in the executive branch, including James Madison, James Monroe, Andrew Jackson, John Tyler, James Buchanan, and Ulysses Grant.^[ten]

During the administration of Woodrow Wilson, a presidential appointee became a family unit member rather than vice versa. In 1914, William Gibbs McAdoo, who was and so serving as secretarial assistant of the treasury and chairman of the Federal Reserve Board, married Wilson's daughter Eleanor.^[13] McAdoo connected serving in both roles, and subsequently the U.S. entered the Beginning World War, Wilson appointed McAdoo to the newly created positions of managing director general of railways and chairman of the War Finance Board.^[14]

Franklin Roosevelt appointed his son James to the position of administrative assistant to the president in January 1937. Half-dozen months subsequently, James was promoted to secretarial assistant to the president. In October of that yr, James' responsibilities expanded and he became the White House coordinator for 18 federal agencies.^[xv]

In October 1958, President Dwight Eisenhower appointed his son John equally banana staff secretary in the White Business firm. At the time, John Eisenhower was a major in the U.S. Army.^[16] ^[17]

President John Kennedy appointed his brother Robert as attorney general of the United States in January 1961.^[18] Kennedy also appointed his brother-in-constabulary R. Sargent Shriver every bit director of the Peace Corps in March 1961.^[19]

Conclusion

In a Facebook postal service, onetime Secretary of Labor Robert Reich criticized President-elect Donald Trump'due south intention to appoint Jared Kushner as a senior counselor to the president. Kushner is married to Trump'southward daughter, Ivanka. Reich wrote, "Kings and despots install family unit members effectually them, to protect their power and money. Presidents do not – at least not until now."^[1] Reich is incorrect. At least 11 presidents accept appointed family members to executive co-operative positions.