Is There Nepotism In The White House?

   The appointment of Ivanka Trump, Presidents Donald Trump’s daughter as his “adviser” in the West Wing of the White House has generated some serious concerns as to the validity, legality and morality of such an appointment.

As always the American press or media has a critical eye on every action that President Donald Trump is making in his capacity as President. No exception to the American press critical postures is with respect to the recent announcement of Ivanka Trump’s appointment.

For sure many howl of protest will join the present noise that some of the critics are now making.

Power Of Appointment By The U.S. President

   There is no doubt that the President of the United States has the power to appoint public officials or employees in the Unites States government. This appointing power of the President is expressly provided in the United States Constitution and other existing laws.

However, just like any other constitutional and legal grant of powers, it is subject to limitations. Such limitations must always be observed by any office holder since as repeatedly stated constitutional and legal principles, “ours is a government of laws and not of men”.

This simply means that the American government is founded by law and is governed by law and not through the will of any individual person. It is also mean that everyone in the United States government from the highest officials starting from the President down to its lowly employee must follow and obey what the law says.

The 1967 U.S. Nepotism Law

   Under Section 3110 (2), (3) and (3)(b) Title 5, Government Organization And Employees, the term “public official”, “relative” and the express prohibition on the appointment of relative has been clearly defined.

A “public official” means an officer (including the member of Congress), a member of the uniform service, an employee and 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”.

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

The express prohibition in the law says, “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 exercise 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 appoint, 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.”

Therefore the law is very clear and straightforward on the matter of prohibition of appointment with regards to the term “relative” as defined by law.

Do you think that Ivanka Trump will be appointed as “adviser” in the White House if she is not the daughter of President Donald Trump?

What qualifications does she have over other person? Are there no other person qualify for such position who is not related to the appointing power?

It will be to the public interest if anyone will challenge in court the validity or legality of the appointment of Ivanka Trump to settle once and for all this legal controversy.