Opinion: US Code might allow the White House to Appoint Trump Family Members, but it’s doesn’t make it less questionable!

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.

Reference:

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/

U.S. Leaked Document – “Termination Letter to Deputy Attorney General Sally Yates” (30.01.2017)

U.S. Representative Ted Lieu draft bill: “Swamp Flyers Act” (28.09.2017)

The Republican’s plan of fixing the tax-code is by bailing out corporations and the wealthy!

Just like the leaflet dropped in April 2017 as a serious Tax Plan, which was one-page long. Clearly, the people in charge of the economy and financial state of the United States. Are more preoccupied with taking private jets and eating while in office than actually working. I can question that after months after the leaflet, there was a tiny amendment on the newly proposed tax-plan. Since it is just small expanded text. Now instead of one single page, its gone up to 9 pages. Not like a handbook into the codes, neither economic implications of the taxes. Like which groups gets benefits, who will pay more and what sort of “damage” will the tax-cuts made by Republican Party do.

This released Tax plan: “Unified Framework for Fixing Our Broken Tax Code”, that was released today. You should expect better work, especially from former businessmen and bankers who are running the Commerce Secretary Wilbur Ross and Treasury Secretary Steve Mnuchin. Both of them has been bankers, but they still has no stats or proof of how these tax codes really affects society. It’s like selling house on only the paperwork and have no official showing of the house. When you get there it either be just a big lie or it be a shiny palace.

That the United States Government and Republican Party are delivering this sort ploy to trigger their wishes is insane. What is striking is words like these: “An additional top rate may apply to the highest-income taxpayers to ensure that the reformed tax code is at least as progressive as the existing tax code and does not shift the tax burden from high-income to lower- and middle-income taxpayers” (Republican Tax, 2017). This is like saying we will take away and make it simpler for the highest earners to pay less, while this will not burden the ones who earn less than us. So that the progressive though is that the highest earner will get a tax-cut and we promise it will not bother anyone.

But the framework are really showing its love for corporation and giving them tax-holidays from the last quarter of 2017: “The framework allows businesses to immediately write off (or “expense”) the cost of new investments in depreciable assets other than structures made after September 27, 2017, for at least five years. This policy represents an unprecedented level of expensing with respect to the duration and scope of eligible assets. The committees may continue to work to enhance unprecedented expensing for business investments, especially to provide relief for small businesses” (Republican Tax, 2017). So they can easily just tap lots of investments without showing them to the Internal Revenue Service, this means the investments would be easily invested and written-off, without considering the tax-record in general. This will be quickly profitable for big corporations and real-estate businesses. Who can easily invest and get profits within months. As they sell in the next year, as they are investing in 2017 and writing it off. While in 2018 selling it. Then they didn’t need to pay the tax for the investment done in 2017. This is double profit for the bigger businesses. It’s a match made in heaven for the multi-national corporations in the United States. The state will earn less and just make sure the investment will be even more short-term and be more buy-in and takeovers. Since they can earn lot’s on the investments, before dropping it or selling it the next year after writing it off.

The framework limits the maximum tax rate applied to the business income of small and family owned businesses conducted as sole proprietorships, partnerships and S corporations to 25%. The framework contemplates that the committees will adopt measures to prevent the recharacterization of personal income into business income to prevent wealthy individuals from avoiding the top personal tax rate” (Republican Party, 2017). Again, the proposed Tax is made to secure the wealthy, so they will get tax-cuts, this is not for the betterment of the state. It is to secure the wealthy and make sure their tax-rate is cut. Clearly, the treasury and commerce secretary are trying to help their friends and family on Wall Street and in the big business with a fancy tale of tax codes and cuts.

If you thought President Trump cared about Middle-America or even about the Working-Class, they we’re needed props and needed ballots for the election. But now that he got you in his pockets. He can get a payday, cut his taxes and make sure his friend on Wall Street gets their payday too! Peace.

Reference:

Republican Tax Plan – ‘UNIFIED FRAMEWORK FOR FIXING OUR BROKEN TAX CODE’ (September 2017)

Readout of the Secretary-General’s meeting with H.E. Mr. Hassan Ali Khayre, Prime Minister of the Federal Republic of Somalia (25.09.2017)

The Secretary-General reaffirmed the United Nations’ full support in the humanitarian, security and the human rights areas.

NEW YORK, United States of America, September 25, 2017 – The Secretary-General met with H.E. Mr. Hassan Ali Khayre, Prime Minister of the Federal Republic of Somalia.

The Secretary-General commended Somalia for the progress made in advancing state-building. The Secretary-General and the Prime Minister also discussed efforts related to security sector reform and revenue generation.

The Secretary-General reaffirmed the United Nations’ full support in the humanitarian, security and the human rights areas, as well as in the implementation of Somalia’s development plans. The Secretary-General also reiterated support to AMISOM and to the creation of Somali institutions.

Opinion: Donald J. Trump VS. Ri Yong Ho made UNGA General Debates into a spectacle!

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.

United States: Yoho and Sherman letter to Sec. Tillerson and Sec. Mnuchin on North Korean Sanctions (02.08.2017)

Anthony Weiner possibly sentenced up to 2 years for sexually interacting with a teenage girl!

So he had stopped in 2012, but started again 2016? Seem like a pattern.

The former United States Congressman Anthony Weiner, the Democratic Party member and former representative we’re today the Acting United States Attorney Joon H. Kim delivered the Government’s Sentencing Memo of his latest criminal case against Weiner. The Document that is delivered before his sentencing on the 25th September 2017. Since the case is so severe and the defendant knew what he did. Therefore, the punishment should be after those standards.

This is not merely a “sexting” case. (Def. Mem. at 37-43). The defendant did far more than exchange typed words on a lifeless cellphone screen with a faceless stranger. With full knowledge that he was communicating with a real 15-year-old girl, the defendant asked her to engage in sexually explicit conduct via Skype and Snapchat, where her body was on display, and where she was asked to sexually perform for him. (PSR ¶¶ 11, 12). That offense – transmitting obscenity to a minor to induce her to engage in sexually explicit conduct by video chat and photo – is far from mere “sexting.” Weiner’s criminal conduct was very serious, and the sentence imposed should reflect that seriousness”.

This here proves the acts of the politician, who should know better, as he was a member of legislators and also was somebody the public should look up to. Clearly, he lost his way, as he we’re getting engaged in a minor and using his grown-up capacity to lure her. This proves his ways of actually acting in a deprecating way.

The defendant’s submission repeatedly makes note of the 15-year-old Minor Victim’s various motives for communicating with Weiner and her profit from sharing those communications with the media. While careful not to cast blame on the Minor Victim outright or disclaim ultimate responsibility for his crime, he relies, in part, on the circumstances of their communications in arguing for a sentence of probation. That argument should be rejected, and Weiner should be sentenced for what he did – not what motived the Minor Victim. Weiner, a grown man, a father, and a former lawmaker, willfully and knowingly asked a 15-year-old girl to display her body and engage in sexually explicit conduct for him online. Such conduct warrants a meaningful sentence of incarceration”.

It’s hard to disagree on any part of this legal argument, as the 5-minutes of fame of the minor victim shouldn’t matter, as the politician used his position and knowledge, as well as personal history with these sorts of acts. Shows a pattern, also that he cannot help himself. That he even lures a minor victim to display her body to him online. He should have been more careful and considerate of his acts. As anyone should not go into this sort of acts, as sexually acts with a minor is breaking the law. A Congressman should know this. Even an ordinary citizen knows this. It would be betraying the law, by giving way for possible 5-minutes of fame for the victim, as that makes it acceptable to break the law. That sort of play, makes all crimes okay, as long as it makes you famous. Than, there would be less suits and court motions, whole industries built around the courts would go bankrupt by that argument alone.

Therefore, the possible time for serving behind bars makes sense:

As Weiner knew full well, the law unequivocally prohibits the online sexual exploitation of minors, no matter the app used to commit the crime or the apparent sophistication or motivation of the young teenager on the other end. The law must be respected to protect other teens from falling prey to the same conduct. The non-custodial sentence that the defendant requests would undercut this principle. A sentence within the range of 21 to 27 months would, by contrast, promote respect for the law and serve as a deterrent to others who are considering a path similar to that trodden by the defendant”.

That Anthony Weiner knew what he was doing is most likely. That he was liking what he was doing, also so. Since he also triggered the minor victim to do despicable acts. What is not surprising is that he trying to get mediocre or weak sentencing, since he as public figure should get lee-way. But the Judges thinks the principals and law should apply to him as anyone else. So that people would respect the rule of law. Also proving the public that this sort of behavior could have you punished.

We can hope that Weiner becomes state property for a long while, as an example of people should prey on minors or teenage girls to do sexually explicit acts. This sort of acts should be punished and done to honor the laws and the principals of justice. That the Southern District of New York wish to apply the sentence between 21 to 27 months, which is over a 1 ½ year or over 2 years in prison for what he did. That sort of example will prove that this far from acceptable and no one should be involved in this. Unless, it is to conceding adults who are doing it. So if Weiner was doing this with an adult woman, who wanted to this, than it would be okay. Not morally as a married man, but from a legal standpoint. Peace.

U.S. DoD Interim Guidance on Military Service for Transgender Individuals (14.09.2017)