General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSo what became of this "nepotism clause"
I thought we had....
What's next? Melania as Secretary of Fashion?
Rhiannon12866
(206,014 posts)Today, JFK wouldn't be able to have RFK in his cabinet! And what are her credentials, anyway? Previous government experience? Educational background and qualifications? If this ridiculous horror show was a movie, nobody would believe it...
Arkansas Granny
(31,529 posts)Rhiannon12866
(206,014 posts)If they still teach history, that is. Obviously, Trump never took a history class, so he'll think it isn't necessary - like health care and food.
WePurrsevere
(24,259 posts)The nepotism thing just goes *poof*. The way I'm reading section c I'd say they're wrong.
Here's the law:
https://www.law.cornell.edu/uscode/text/5/3110
b) 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. An individual may not be appointed, employed, promoted, or advanced in or to a civilian 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.
(c) An individual appointed, employed, promoted, or advanced in violation of this section is not entitled to pay, and money may not be paid from the Treasury as pay to an individual so appointed, employed, promoted, or advanced.
(d) The Office of Personnel Management may prescribe regulations authorizing the temporary employment, in the event of emergencies resulting from natural disasters or similar unforeseen events or circumstances, of individuals whose employment would otherwise be prohibited by this section.
Rhiannon12866
(206,014 posts)I listened to Jimmy Carter's autobiography, "A Full Life: Reflections at 90," again recently. I have it on audio (read by the author ) and listen to it in my car. He talks about having to put his family farm into a "blind trust" during his presidency. He gave up a brilliant career in the Navy to take it over after his father died - and Rosalynn wasn't happy. He received no reports while he was president and when he returned to Plains in 1981 he learned that it had been "mismanaged" and there had been three years of drought so he almost lost not only the business, but also their home. He was able to pay off most of the debt by selling the Carter Warehouse, but they had to start over. But those were the rules and he accepted them when he took the job.
WePurrsevere
(24,259 posts)Hopefully in a short time they'll learn that they're not.
Jimmy Carter rocks. He's one of those people that defines 'class' (and Christian too IMO). TrumpInc is obviously the absolute antithesis of him.
Rhiannon12866
(206,014 posts)He respects nothing and no one, not the best quality for a president. And who voted for his entire adult extended family? The "professionals" he's chosen are horrible enough!
I've always been a fan of Jimmy Carter. My brother picked on me because he was my candidate from the time we learned who he was. But I didn't realize how much I agreed with him on pretty much everything until I listened to his whole story. He really has led a fascinating life. And he never retired - from anything! The Carter Center is still working to make things better for people all over the world - and he worked with every president who followed him whenever he was asked - and often volunteered, LOL. He even met with John Kerry when he became SOS because he still wants to work for peace in the Middle East. And now we have Trump who wants to send his son-in-law...
WePurrsevere
(24,259 posts)Trump and the GOP do it on a daily basis because they push my 'bleeding heart', 'harm none' and 'love thy neighbor' buttons.
I'm a fan of his too. He was the first presidential candidate I was finally old enough to actually vote for (1980). It has always ticked me off that, IMO, he's been so very underrated as a president and that some people played up his kindness of spirit to be a weakness.
sarcasmo
(23,968 posts)Rhiannon12866
(206,014 posts)KittyWampus
(55,894 posts)former9thward
(32,077 posts)Bill Clinton appointed Hillary Clinton to chair a health care task force. He was sued as a violation of the nepotism clause among other things. The DC Court of Appeals ruled that Congress may not restrict a president's ability under the Constitution to make appointments. The nepotism clause does not apply to the White House.
ASSOCIATION OF AMERICAN PHYSICIANS AND SURGEONS, INC., et
al., Appellees, v. Hillary Rodham CLINTON, et al., Appellants. 997 F.2d 898 (1993)
So Trump has Bill Clinton to thank....
WePurrsevere
(24,259 posts)for anti-nepotism laws in government. I would argue that, court ruling for a spouse aside, the spirit as well as letter of the law has been violated in Trump appointing any of his children (incl in-laws) to official positions in the WH.
IME a spouse is also not quite the same as other relations since spouses are often seen as an extension of each other to a degree so there's a certain amount of vetting of the candidates spouses. There's not so much, if any, of their children since we normally don't think of them in quite the same way.
Beyond legalities it's simply not a good idea. It's one thing to involve your children in a regular family business, it's a very different thing to treat our gov like it's your business.
Apparently the case isn't cut and dried to others either:
http://www.npr.org/2017/01/05/508382236/trump-relatives-potential-white-house-roles-could-test-anti-nepotism-law
http://www.salon.com/2017/01/10/no-consensus-on-anti-nepotism-law-and-kushner-appointment-2/
former9thward
(32,077 posts)Both your links mention the 1993 case (as a "court ruling" and then just ignore it. The DC Court of Appeals is not just a "court ruling". The DC court is second to the Supreme Court in power and more Justices of the Supreme Court come from the DC Court than any other.
WePurrsevere
(24,259 posts)who wrote the Constitution weren't great psychics. If nepotism is allowed for a president and it can be done with zero checks than this is one of those times they apparently didn't foresee the future clearly and take action to protect.
I can't help but wonder why the people in the articles ignored the 1993 decision as you pointed out. I haven't read up on the case nor the wording of the decision, etc so perhaps there's something in that that left the door open a crack?
Rhiannon12866
(206,014 posts)Trump's son-in-law sells real estate and I'm not sure what experience and qualifications his daughter brings to the job??
Atman
(31,464 posts)It could be argued that Trump's election was an unforeseen natural disaster and an emergency.
OnDoutside
(19,970 posts)we are getting to know a lot more of the failings of the American Electoral and Executive system, which need to be fixed.
No more unofficial advisors
Complete financial disclosure of all Presidential Candidates
Complete financial disclosure of all Governmental Secretaries
etc
Heartstrings
(7,349 posts)Potential cabinet nominees named before election.
OnDoutside
(19,970 posts)raccoon
(31,119 posts)Norbert9
(494 posts)dae
(3,396 posts)wishstar
(5,271 posts)I expect in a month or two we will hear that she has to be paid to be considered an employee