[FRIAM] And so it begins: the dark times

Steven A Smith sasmyth at swcp.com
Sat Jan 21 15:53:19 EST 2017


Jochen, et al -

I have to say I accept or agree with the idea of a sitting President (or 
any high official) having close access to their most trusted advisors, 
whether they are family or friends.  It is only natural IMO and in 
principle will allow them to do a better job. I understand the 
anti-nepotism rules to avoid there being any "profiting" which is moot 
among the uber-wealthy such as Trump and Kushner.   I understand 
restricting cabinet and other "conserved" positions such as the one 
Bobby Kennedy held from 60-6-4 as Attorney General.  We deserve a 
broader base of perspective than that of a "dynasty"...

All that said, Kushner (or Ivanka or ???) in the White House is 
disturbing for the conflict of interest reasons.  If Trump pretends he 
(and he alone, because HE is so mighty and great) could run both Trump 
Inc. and Trump USA at the same time, he is admitting to an intended 
conflict of interest (or complete unawareness of the basic meaning of 
the term?).   If he claims handing his day-to-day in Trump Inc off to 
Ivanka and Kushner and ???  waives the conflict of interest, he is 
mistaken, and by installing Kushner IN the White-House makes that 
conflict explicit again.  Nothing I would not expect from him.


- Steve


On 1/21/17 9:23 AM, Eric Charles wrote:
> Actually Jochen, this one is squarely on the Clintons. When Bill 
> appointed Hillary to a White House task force back in the early 1990s, 
> this went through the court system. The judges in that case ruled that 
> the law applied to Cabinet appointments and paid positions within the 
> larger government, but not to White House staff. Kushner will 
> similarly be in a unpaid position.
>
> “We doubt that Congress intended to include the White House or the 
> Executive Office of the President” D.C. Circuit Judge Laurence 
> Silberman wrote in the 1993 decision,// 
> <http://www.thedailybeast.com/articles/2017/01/09/hillary-clinton-helped-pave-way-for-jared-kushner-in-the-white-house.html> 
> “So, for example, a President would be barred from appointing his 
> brother as Attorney General, but perhaps not as a White House special 
> assistant.”
>
>
>
>
> -----------
> Eric P. Charles, Ph.D.
> Supervisory Survey Statistician
> U.S. Marine Corps
>
> On Sat, Jan 21, 2017 at 4:57 AM, Jochen Fromm <jofr at cas-group.net 
> <mailto:jofr at cas-group.net>> wrote:
>
>     First it was not clear what *-ism mix it will be -
>     authoritarianism, nepotism, cronyism, nationalism or a mixture of
>     it. Sarah Kendzior and Paul Krugman predict we will end up in an
>     authoritarian dictatorship. What do you think, which *-ism will it be?
>
>     Maybe you could say the new minority president teaches
>     nationalism, practices nepotism and cronyism and leads inevitably
>     to authoritarianism. Will he be allowed to break the law? Isn't
>     hiring of Jared Kushner already illegal?
>
>     The law clearly says: "A public official may not appoint, employ,
>     promote [..] 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."
>     https://www.law.cornell.edu/uscode/text/5/3110
>     <https://www.law.cornell.edu/uscode/text/5/3110>
>
>     -J.
>
>
>
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