Judge Laurence Silberman of the U.S. Court of Appeals for the District of Columbia Circuit suggested the anti-nepotism statute might not apply to presidential appointments of White House personnel. In his decision in Association of American Physicians and Surgeons, Inc. v. Clinton, Silberman wrote,

Although [the statute] defines agency as ‘an executive agency,’ we doubt that Congress intended to include the White House or the Executive Office of the President. So, for example, a President would be barred from appointing his brother as Attorney General, but perhaps not as a White House special assistant.[9][5]

Silberman was ruling on whether federal open meetings laws applied to the President’s Task Force on National Health Care Reform created in 1993 by President Bill Clinton and chaired by First Lady Hillary Clinton.[9] At issue in the case was whether Hillary Clinton, in her capacity as head of the task force, could be considered an employee of the federal government. Since the anti-nepotism statute was not at issue in the case, Silberman’s opinion had effect on its legal status.

Hillary Clinton’s appointment to the task force is the only instance of a president appointing a family member to a position in the executive branch since the passage of the passage of the anti-nepotism statute.[3]

Well, until this past weekend, at least.

Look, I’ve worked in an industry where nepotism has been rampant, and not just the more egregious examples such as Shari Redstone and David Ellison.  I’ve worked in and a client of companies where key sales positions were held by the sons and daughters of their CEOs.  The most recent department I worked with had a fast-rising analyst who just happens to have a father who was in charge of one of the division’s most profitable areas.  After a brief sabbatical at another company and taking time home to get married and have a child, the company just hired her back as a mid-level executive.

Besides, if one accepts the “mob rule” approach that Trump seems to take with all of the businesses he oversees, rewarding family is actually kinda nice.  Do remember that Tony Soprano always treated Uncle Junior nicely.

And as for the “Celebrity Apprentice” cabinet that he’s cobbling together with allegedly unqualified toadies with decent Q scores among his target audience, things could have been even more bizarre.  When one thinks of “Family Matters”, one can’t help but think of Steve Urkel.  He’s out there waiting for an appointment.  And hey–he’s a game show host these days!!   That’s pretty much the top resume line of the guy doing the hiring.

Bizarre?  Of course.  Unprecented?  Clearly not.  And unique to one side of the aisle?  Definitely not.

Until next time…