DOJ Dumped Anti-Nepotism Memos, Allowing Jared into White House

The Justice Department’s Office of Legal Counsel (OLC) largely disregarded its older memos on anti-nepotism laws when it issued a new opinion signing off on presidential son-in-law Jared Kushner’s hiring in January. Politico obtained in a FOIA request for copies of those earlier interpretations of 5 USC § 3110, a 1967 law passed in response President John F. Kennedy’s appointment of brother Robert as attorney general. The language of the statute is broad and prohibits “appointment, employment, promotion, or advancement” of relatives by the president and other government officials. As with many statutes affecting the executive branch, the 1967 law is open to interpretation as to its applicability. It is the OLC career attorneys’ job to advise the White House as to its interpretation when asked, as OLC Deputy Assistant Attorney General Daniel Koffsky did with regard to Mr. Kushner’s hiring. In his 14-page memo, Koffsky cleared Kushner from anti-nepotism concerns, citing another law, 3 USC §105, that “authorizes 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.’” Koffsky went on to cite legislative reports