Justice Department says Trump can legally hire son-in-law Jared Kushner

The OLC issued a 14-page memo on Friday saying that the president is not barred from appointing Kushner because federal law grants the president special hiring authority that exempts him and his hires from anti-nepotism laws.

Anti-nepotism laws prevent presidents from appointing family members to government positions. The statute, from 1967, reads: “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.”

The law specifically identifies the president as one of the “public officials” the law applies to and a “son-in-law” as a prohibited relative.

But federal law also 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.”