“3 U.S. Code § 105 – Assistance and services for the President: (e) Assistance and services authorized pursuant to this section to the President are authorized to be provided to the spouse of the President in connection with assistance provided by such spouse to the President in the discharge of the President’s duties and responsibilities. If the President does not have a spouse, such assistance and services may be provided for such purposes to a member of the President’s family whom the President designates” (Cornell Law School).
I don’t know about you, but it’s just one of these days, where you see entitlement in the New York Gang or the Trump Administration. This was made and prepared for the President Donald J. Trump, as he was swearing-in and starting his term. Because the Office of Government Ethics (OGE), who is in-charge of checking and making the sure the personnel and staff is following the codes and procedures for their roles in government. Seriously, the OGE Lawyer worked the laws in his favor, even when I struggle to see it. My first question after reading the US Code 105 Title 5(d), did the President loose his wife? Therefore, because of his tragic loss, he needed counsel from son-in-law Jared Kushner and oldest daughter Ivanka Trump inside the White House. How can you spell the code wrong, “If the President does not have a spouse”. True she was in New York the first months of the Presidency. Still, she was still his spouse, meaning that “he had”. But before I rant, take a look into key parts of the reasoning for the appointments of his family inside the White House!
“Section 3110 of title 5, also known as the anti-nepotism statute, states that “[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.” 5 U.S.C. § 3110(b). The statute expressly identifies the President as one of the “public official[s]” subject to the prohibition, and a son-in-law is a covered “relative.” Id. § 3110(a)(2), (a)(3). Moreover, under Article II of the Constitution, the President exercises “jurisdiction or control” over the White House Office as well as over the rest of the Executive Branch. See Myers v. United States, 272 U.S. 52, 163–64 (1926); Inspector General Legislation, 1 Op. O.L.C. 16, 17 (1977). Less certain is whether the White House Office is an “agency”—a term that section 3110 defines to include an “Executive agency,” thereby calling up the definition of “Executive agency” generally applicable to title 5, see 5 U.S.C. § 3110(a)(1)(A); id. § 105. But whether or not the White House Office meets this definition (a subject to which we will return in Part II, infra), we believe that the President’s special hiring authority in 3 U.S.C. § 105(a) permits him to make appointments to the White House Office that the anti-nepotism statute might otherwise forbid” (Koffsky, P:2, 2017).
“A President wanting a relative’s advice on governmental matters therefore has a choice: to seek that advice on an unofficial, ad hoc basis without conferring the status and imposing the responsibilities that accompany formal White House positions; or to appoint his relative to the White House under title 3 and subject him to substantial restrictions against conflicts of interest. Cf. AAPS, 997 F.2d at 911 n.10 (declining, after holding that the First Lady qualifies as a “full-time officer or employee” of the government under FACA, to decide her status under the conflict of interest statutes). In choosing his personal staff, the President enjoys an unusual degree of freedom, which Congress found suitable to the demands of his office. Any appointment to that staff, however, carries with it a set of legal restrictions, by which Congress has regulated and fenced in the conduct of federal officials” (Koffsky, P: 16-17, 2017).
I will not jumping jacks around this OGE Lawyer Koffsky, but office that is run by the President is an Executive Office, that issues Executive Orders and Executive Memorandums. That if followed by current law and within provisions within the state because legal and acts that all citizens has to follow. To subject the White House into a sublime role of the state is demeaning, even if he needs support of the branches of government like the Courts and Congress. But that doesn’t make the White House into a playhouse for playboy bunnies, its the place where executive orders and legal minds meet to determine the future of the Republic. It’s insulting that Koffsky is belittling the office and the White House, so it fits legally President role and his ability to appoint family members.
Yes, the President is allowed to seek advice and that ad-hock with family members. That is without doubt, but that is different ones in while speak with an uncle in Louisiana before making a decision that matters for both United States and the World itself. There is problematic to hire family into the White House, as their supposed restrictions and the boundaries of their roles. Since the family bond will not be cut, but be ever present in the decision making.
That Jared Kushner is a Public Official is clear with his title and responsibilities, as a Senior Advisor to the President, who is working on American Innovation, Peace in the Middle East and combating the Opioid crisis in the United States. Ivanka Trump is by title the Assistance to the President. Both of them has had a public role and been acting as Public Officials. They have been there, traveling with the President and even taking his place when he was tired or wanted to relax. Like Ivanka Trump did during the G-20 in July 2017, when the not-elected family member took the seat G20 Leaders Table. So her assistance goes further than ordinary public officials. Since, this sort of role would usually end on Secretary of State and the Vice-President. However, it isn’t the case in the matter of Trump Family.
“Enforcement. While the statutory language bars the appointment of relatives as well as the acceptance of such appointments, enforcement of the prohibition may be limited. The remedy expressly provided for violating this prohibition states that the appointed individual “is not entitled to pay, and money may not be paid from the Treasury as pay” for that person. The statute itself does not require nor does it provide expressly for removal of the individual from the federal civilian position. As noted above, the provision was directed at stopping the practice of placing relatives on the government payroll, and thus the law assures that a relative so appointed may not be paid from federal funds for any such service. The statute likewise does not provide a penalty for the public official who appointed the individual. However, it may be noted that for some rank-and-file positions, not of a confidential or policy making nature, the appointment of a relative may involve a “prohibited personnel practice” by the appointing official” (CRS Report & Analysis, 2016).
Here is another one giving leeway for the possible hiring of Jared Kushner and Ivanka Trump, that is if they are in their roles unpaid and with ranks. Even, that is an issue with the role of the Senior Advisor Kushner and all his positions, even the clearances he needs to be able to fulfill his duty at the White House. Ivanka has also been part of the close-knitted leadership of his fathers. She been part of meetings and such. So both of them has been have been close to confidential material most likely, as they work so close with their relative, the President.
Just like covered in People Magazine in January 2017: “Though Kushner’s appointment does not require Senate confirmation, it is a controversial one: Anti-nepotism laws forbid the hiring of relatives to Cabinet positions, but are less clear on whether they can be appointed to White House staff roles. In American history, anti-nepotism laws are actually a relatively recent development: They were put into place in 1967 by then-President Lyndon B. Johnson not long after one of his predecessor’s appointments raised eyebrows” (Pearl, 2017).
So even if the law and the Anti-nepotism law are put in place to accept family members in White House roles. Still, the nepotism is in full affect. There is no half-step on that. The United States should have a hard time accepting the appointment of Jared Kushner and Ivanka Trump as Senior Advisor and Assistant to the President. All of this has entitled them and given them a special role in the Executive Office of the United States. What is clear by the U.S. Code 105, title 5(d) and will always stand out for the provision in the code that said this: “If the President does not have a spouse, such assistance and services may be provided for such purposes to a member of the President’s family whom the President designates”.
The President has a spouse, his third wife, Melanie, therefore he doe not need such assistance and services. Instead, they are using the titles in the anti-nepotism statutes, they can most likely not be as valuable as these words. However, Koffsky wrote this: “or to appoint his relative to the White House under title 3 and subject him to substantial restrictions against conflicts of interest”. These words are saying that its set substantial restrictions to the office, even as the President has let them be a vital part of his term, Kushner is nearly saving half of America and the Middle-East. Ivanka is publicly part abroad and in Washington. It’s not like they are restricted in that manner, but creating conflicts of interests. That should worry anyone caring about the honest of the public office.
Therefore it was striking what Jason Chafetz said in January 2017: “According to Josh Chafetz, a professor at Cornell Law School and an expert in constitutional law and legislative procedure, the White House is not regulated in the same way as other administrative agencies. “The bigger issue for the administration is not so much about the technical bounds of these nepotism laws, but it just looks bad,” Chafetz said. “I don’t think there’s anything legal that can be done in terms of the appointment. It just looks like there’s a pattern of cronyism that has emerged, especially in conjunction with the cabinet appointments.” (Delkic & Mallin, 2017).
It’s enough. Peace.
Koffsky, Daniel L. – ‘Application of the Anti-Nepotism Statute to a Presidential Appointment in the White House Office’ (20.01.2017)
Cornell Law School – ‘U.S. Code › Title 3 › Chapter 2 › § 105’ link: https://www.law.cornell.edu/uscode/text/3/105
CRS Report & Analysis – ‘The Federal Anti-Nepotism Statute: Limits on Appointing, Hiring, and Promoting Relatives’ (12.01.2016) link: https://fas.org/sgp/crs/misc/nepotism.pdf
Delkic, Melina & Mallin, Alex – ‘Nepotism Laws Don’t Apply to Jared Kushner Appointment, DOJ Says’ (21.01.2017) link: http://abcnews.go.com/Politics/nepotism-laws-apply-jared-kushner-appointment-doj/story?id=44951811
Pearl, Diana – ‘Donald Trump’s Son-in-Law Has Hillary Clinton to Thank for Skirting JFK-Inspired Nepotism Rules’ (11.01.2017) link: http://people.com/politics/jared-kushner-nepotism-laws-donald-trump/
In New York this week the United Nations General Assembly of the 72nd Session. We can clearly see that the world has changed. Not to the better, but a grim state of affairs. Where the greatest nation and former superpower United States of America (USA) having their President on direct war-talk at the General Assembly. This is not something that is normal, I can never recollect anyone talking like this at this venue. That the United Nations are used in this way is flabbergasting, but Trump never cares about audience or how it affects them. As long as he get PR and becomes the megalomaniac as he always is. Someone, should have learned him this, but the flawed education and obvious indifference of the world. Has been transpired to world long time ago.
I will look first at the most striking words President Donald J. Trump has against the North Korea, than do the same from North Korea Foreign Minister Ri Yong Ho. This will be interesting, before discussing their approach from the General Debate at the UNGA. Look!
President Donald Trump on the 19th September:
“If the righteous many do not confront the wicked few, then evil will triumph. When decent people and nations become bystanders to history, the forces of destruction only gather power and strength. No one has shown more contempt for other nations and for the well being of their own people than the depraved regime in North Korea. It is responsible for the starvation deaths of millions of North Koreans, and for the imprisonment, torture, killing, and oppression of countless more. We were all witness to the regime’s deadly abuse when an innocent American college student, Otto Warmbier, was returned to America only to die a few days later. We saw it in the assassination of the dictator’s brother using banned nerve agents in an international airport. We know it kidnapped a sweet 13-year-old Japanese girl from a beach in her own country to enslave her as a language tutor for North Korea’s spies. If this is not twisted enough, now North Korea’s reckless pursuit of nuclear weapons and ballistic missiles threatens the entire world with unthinkable loss of human life. It is an outrage that some nations would not only trade with such a regime, but would arm, supply, and financially support a country that imperils the world with nuclear conflict. No nation on earth has an interest in seeing this band of criminals arm itself with nuclear weapons and missiles. The United States has great strength and patience, but if it is forced to defend itself or its allies, we will have no choice but to totally destroy North Korea. Rocket Man is on a suicide mission for himself and for his regime. The United States is ready, willing and able, but hopefully this will not be necessary. That’s what the United Nations is all about; that’s what the United Nations is for. Let’s see how they do. It is time for North Korea to realize that the denuclearization is its only acceptable future. The United Nations Security Council recently held two unanimous 15-0 votes adopting hard-hitting resolutions against North Korea, and I want to thank China and Russia for joining the vote to impose sanctions, along with all of the other members of the Security Council. Thank you to all involved. But we must do much more. It is time for all nations to work together to isolate the Kim regime until it ceases its hostile behavior” (Donald J. Trump, 19.09.2017).
Foreign Minister Ri Yong Ho on the 23rd September:
“Since Trump uttered such reckless and violent words provoking the supreme dignity of the Democratic People’s Republic of Korea (DPRK) at this very platform, I think it is fair enough for me to make a response in the corresponding tone. During his 8 months in power, he has turned the White House into a noisy marketing place full of crackling sounds of abacus beads and now he has tried to turn the UN arena into a gangsters’ nest where money is respected and bloodshed is the order of the
day. The absurd reality that the person like Trump, a mentally deranged person full of megalomania and complacency, the person who is chastised even by American people as “Commander in Grief, “Lyin King”, “President Evil” is holding the seat of the U.S. President, and the dangerous reality that the gambler who grew old using threats, frauds and all other schemes to acquire a patch of land holds the nuclear button; these are what constitute the gravest threat to the international peace and security today. Due to his lacking of basic common knowledge and proper sentiment, he tried to insult the supreme dignity of my country by referring it to a rocket. By doing so, however, he committed an irreversible mistake of making our rockets’ visit to the entire U.S. mainland inevitable all the more. None other than Trump himself is on a suicide mission. In case innocent lives of the U.S. are lost because of this suicide attack. Trump will be held totally responsible. The respected supreme leader Comrade Kim Jong Un stated: as a man representing the DPRK and on behalf of the dignity and honor of my state and people and on my own, I will make the man holding the prerogative of the supreme command in the U.S. pay dearly for his speech calling for totally destroying the DPRK. Trump might not have been aware what is uttered from his mouth but we will make sure that he bears consequences far beyond his words, far beyond the scope of what he can handle even if he is ready to do so” (Ri Yong Ho, 23.09.2017).
The words are really out of bound. It is not the ordinary, it is no code, no brief statement that could been for many issues or many nations. In this particular event both gentleman and representatives of their nations went in for the kill. First Trump went on his way to offend and endanger the situation. The special thing is that both Yong Ho and Trump claims they are on a suicide mission, either its the American President or the North Korean one. There both of them are saying it. If this is true, than them both are possibly killing themselves and their nations for some brownie-points. That has clearly not sunk in at any of the parties.
The second thing you see, is how they both are envisions the United Nations and their role. That Trump think its a tool for his use and that the powers inside UN are for his causes and favors. He will see in the future that he is wrong. Since that is a consensus and majority vote in favors of sanctions and change of protocol towards a state. Nothing that happens on just a popularity contest. North Korea on the other hand, is worried about the vision Trump has and his agenda to destroy them. That is natural defense from them, as they have the worries of the rest world blowing them to bits. Trump doesn’t understand that others has self-defense and natural reactions to threats. Neither understanding the consequences of his actions. Which makes it ironic, that the North Korean counterpart see the same.
This here will not end here with these statements from either parties. The tide has not turned. And that is sad since the conflict and warfare will hurt someone in the end. Just like the United States Sanctions against North Korea and sudden move by China to stop selling Petrol. Not that anyone want another state with Atomic Bombs, but clearly it is hard to trust Trump with it either. He is not the stable world-leader, its hard to know if his fit to it. Since, he attacks without thinking consequence of his actions.
We will see how this goes, but these sort acts and statement cannot become the new normal. This sort of diplomacy and risk-taking shouldn’t be played on the grand-stage like this. It is not the place and neither is the possible result. United States should know better, they have been involved in conflicts for decades and are vital part in plenty. North Korea, who knows the Americans has interests in the South-East China Sea, should be careful, but they have to answer to not lose face. That is natural in the circumstance. They are squeezed by sanctions and further pressure, the United States knows this. United Nations should be used for peaceful means and possible place for debate for a better future. Not create war… Peace.
Yesterday, the North Koreans sent up another rocket to the sky, again the Japanese sent people into shelters and made sure they we’re safe. The rockets could have hit one of their islands. The South Koreans are getting more worried as the Democratic People’s Republic of Korea (DPRK) and their President Kim Jung-Un continues with missiles and launches. The extensive works and promotions of their arms development should worry.
This is just as the KCNA today issued this news:
“Pyongyang, September 16 (KCNA) — Trump announced that they would sell off weapons worth billions of U.S. dollars to south Korea. And he allowed Japan and south Korea to increase the quantity for buying U.S.-made military equipment. Timed to coincide with this, a spokesman for the White House at a press conference said that now is not the time to focus on the dialogue with north Korea. Minju Joson Saturday in a commentary says that Trump’s behavior goes to clearly prove that he has neither will nor ability to defuse tension on the Korean peninsula but he has only merchant-like calculation to use the aggravated situation as a golden opportunity for making money” (KCNA, 16.09.2017).
So the state propaganda is in full-effect. The North Korean are ready to blame everyone else for their activity. Not looking within itself and wondering, if they we’re shooting up less missiles, the United Nations Security Council wouldn’t have reasons for sanctioning it. Neither would United States has to sell and help Japan and South Korea with missiles defense like THAAD System.
The acts of North Korea is the reasons for the tensions, also the words of President Trump. Because he has sounded like warmonger, who is ready to send battleships and make another Korea-War. Since it went so smoothly during the last Korean war. President Donald Trump needs a repeat of that, this time hire his friend Eric Prince and his company to send mercenaries to the Korean Peninsula. That would be nightmare, not only for President Kim Jung-Un, but for all parties in the South East Asia. Nothing good would come out of it.
But North Korea if it shoots down a boat or hit land. Actually kills someone with a missiles, even if it was an exercise and just trying new technology. It might spark something unheard of. As long as life is not lost and the heads of South Korea and Japan, are keeping their cool. The warfare will not start. The loss of life will not happen. But the more you play with fire, the more likely someone is actually going to get burnt. At this rate, its just a matter of time.
President Kim Jung-Un does this to spread to fear and awe. But it is not working outside of North Korea. Even if China is peaceful and want to continue with cordial relationship. Even if South Korean government don’t want war, they still wants their citizens safe without fear of tomorrow, the same can be said by Japanese. The United States are there to support allies, but if they are really hit. Will the US put troops and bigger guns on the ground?
We can hope for dialogue, for debate and for negotiations, so that the North Korean doesn’t continue to shoot. That they hopefully doesn’t suddenly hit Seoul, Tokyo or any other place where millions of innocent people lives. North Koreans can with the right type of hydrogen bomb or other device really do lots of damage and hurt. The world doesn’t want to see that. Just like the rest of the world, this part of the world don’t need a war. No place needs a war. The Korean peninsula needs diplomacy and possible aid. So that the North Koreans and the rest of world can engage in possible solution to the stalemate. As the DPRK President is fearing for livelihood and life. Therefore he is using fear and missiles to get respect. Peace.
This is not the news you wants to wake-up to on a Sunday morning. You want your tea and coffee, while sipping it, without worry of another giant war. But the Democratic People’s Republic of Korea (DPRK) or the North Korea government clearly trying to push their military capacity. They have been shooting more missiles lately. This has not created a peaceful atmosphere, as Donald Trump as throwing shades of warnings, without any policy or plan. The Japanese has had their warnings and even had a missile over their territory. South Korea has also taken precautions, as they have more anti-missile system, the THAAD-System that they got from the United States. Therefore, the pressure from the nations around the United Nations, clearly has not worked.
Since the DPRK are evolving their missiles and now had made the H-Bomb, this is the news reports from the Korean peninsula and the countries around. Take a look!
Official Statement from DPRK on the H-Bomb:
“Pyongyang, September 3 (KCNA) — Respected Supreme Leader Kim Jong Un guided the work for nuclear weaponization on the spot. He was greeted by senior officials of the Department of Munitions Industry of the Central Committee of the Workers’ Party of Korea (WPK) and scientists of the Nuclear Weapons Institute before being briefed on the details of nuclear weaponization. The institute recently succeeded in making a more developed nuke, true to the strategic intention of the WPK for bringing about a signal turn in nuclear weaponization. He watched an H-bomb to be loaded into new ICBM. Saying that he felt the pride of indomitably bolstering up the nuclear forces at a great price while seeing the Juche-oriented thermonuclear weapon with super explosive power made by our own efforts and technology, he expressed great satisfaction over the fact that our scientists do anything without fail if the party is determined to do. He was acquainted himself with technical specifications and structural and operational characters of the H-bomb. The scientists further upgraded its technical performance at a higher ultra-modern level on the basis of precious successes made in the first H-bomb test” (KCNA, 2017).
CCUK statement on anti-DPRK news:
“A spokesman for the Central Committee of the Journalists Union of Korea in a statement on September 1 said this clearly proves that the puppet conservative media are made up of hack writers, servants of bellicose forces at home and abroad and group of traitors with whom we cannot live together” (…) “1. We will sharpen the just writing brushes to defend our leader, our Party and our social system and win a final victory in the confrontation with the US.” (…) “2. We will track down the puppet conservative reptile writers fostering discord within the nation under the auspices and at the instigation of the anti-reunification forces at home and abroad, and throw overboard all of them” (…) “ 3. Our grime and merciless pen will sight the bases which commit hideous crimes against the DPRK by spreading misinformation about it, and beat them to pieces” (…) “The puppet conservative media escalating confrontation with the DPRK while daring challenge the annihilating spirit of the army and people of the DPRK will never be able to evade the shower of retaliatory blows” (Uriminzokkiri, 2017).
China Statement on the DPRK H-Bomb:
“BEIJING, Sept. 3 (Xinhua) — China’s Foreign Ministry issued a statement on Sunday, expressing firm opposition to and strong condemnation of a nuclear test undertaken by the Democratic People’s Republic of Korea (DPRK). The DPRK Sunday successfully detonated an H-bomb, a hydrogen bomb that can be carried by an intercontinental ballistic missile (ICBM), DPRK’s Central Television announced. This was the sixth nuclear test the DPRK has undertaken. “Today, the Democratic People’s Republic of Korea, despite universal opposition from the international community, conducted another nuclear test. The Chinese government expresses firm opposition to and strong condemnation of the test,” said the statement of China’s Ministry of Foreign Affairs” (Yamai, 2017).
Phone-Call between Japanese and South Korean diplomats:
“SEOUL, Sept. 3 (Yonhap) — Top diplomats of South Korea and Japan held a phone conversation on Sunday to discuss countermeasures against North Korea’s sixth nuclear test, a foreign ministry official here said. Foreign Minister Kang Kyung-wha spoke with her Japanese counterpart Taro Kono via phone, the official said. They were expected to share their concerns about the North’s escalating threats and discuss responses including the pursuit of a new, tougher U.N. Security Council resolution against its regime” (Yonhap, 2017).
The United Nations Security Council sanctions and the ample pressure from China has not worked. If the international community doesn’t start a clear dialogue with DPRK. The Association of Southeast Asian Nations (ASEAN) has to make sure their nations isn’t in the firing line. The Chinese clearly has to make sure their trading partner and neighbor acts righteously. Since they are now making more advanced weapons. This is more worrying since they can damage the nations around it.
The H-Bomb production and test, the DPRK are really forcefully pushing their agenda. That even the North Korean are preparing to retaliate for the words of the United States. This is really not making the situation better. The DPRK are able to develop better weapons, while the nations around has to react to the ascending missiles from Pyongyang government. This is not peaceful measures, this is not something just to make statements. It is time to for real diplomats to travel there and discuss the future.
This is now needed, the Korean peninsula needs it and it is dire. The experiments of new weapons, the tests and the messages sent from North Korea. Their actions are causing troubles even in Japan, South Korea and should do so for China. But the ASEAN, should come out with a protocol and trying to fix things with the DPRK. Because, if the world doesn’t act swift upon it. They might continue with their weapons progression. Not only to strike fear, but to create a big enough arsenal to actually shoot a major city into oblivion. Therefore, the DPRK needs a peaceful resolution and a diplomatic one. This one needs that and the international organization together with partners of the DPRK, needs to do it now. Peace.
Korean Central News Agency (KCNA) – ‘Kim Jong Un Gives Guidance to Nuclear Weaponization’ (03.09.2017) link: https://kcnawatch.co/newstream/1504389746-780050885/kim-jong-un-gives-guidance-to-nuclear-weaponization/
Uriminzokkiri – ‘Anti-DPRK Campaign of S. Korean Puppet Reptile Writers Will Be Foiled’ (03.09.2017) link: https://kcnawatch.co/newstream/1504432832-868481910/anti-dprk-campaign-of-s-korean-puppet-reptile-writers-will-be-foiled/
Yamai – ‘China firmly opposes and strongly condemns DPRK nuclear test’ (03.09.2017) link: http://news.xinhuanet.com/english/2017-09/03/c_136579629.htm
Yonhap – ‘Top diplomats of S. Korea, Japan hold phone discussion on N.K. nuke test’ (03.09.2017) link: http://english.yonhapnews.co.kr/news/2017/09/03/0200000000AEN20170903005300315.html?utm_content=buffer22a2d&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer