Could Jared Kushner take a job in the Trump White House?

Another option would be for Trump to put Kushner into a paid position on the White House staff, according to several legal experts, who say the federal anti-nepotism law would probably not prevent it.

While that law does cover a son-in-law, it prohibits a public official, which the president is, from appointing a relative to a federal agency.

This law would prevent Trump from giving Kushner a job in a Cabinet department. But would it apply to a job as a White House adviser? Probably not, though that is not crystal clear.

In 1993, a federal appeals court looked at the issue as part of a lawsuit over Hillary Clinton’s role in the health care task force. The court didn’t decide the question but strongly suggested that the White House staff is not a federal agency.

Even if the nepotism law did apply, the court said, “it may well bar appointment only to paid positions in government. Thus, even if it would prevent the president from putting his spouse on the federal payroll, it does not preclude his spouse from aiding the president in the performance of his duties.”