"Section 105(a) of title 3, U.S. Code, which authorizes the President to appoint 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,” exempts positions in the White House Office from the prohibition on nepotism in 5 U.S.C. § 3110.
January 20, 2017
MEMORANDUM OPINION FOR THE COUNSEL TO THE PRESIDENT
You have asked whether section 3110 of title 5, U.S. Code, which forbids a
public official from appointing a relative “to a civilian position in the agency . . .
over which [the official] exercises jurisdiction or control,” bars the President from
appointing his son-in-law to a position in the White House Office, where the
President’s immediate personal staff of advisors serve. We conclude that section
3110 does not bar this appointment because the President’s special hiring authority
in 3 U.S.C. § 105(a) exempts positions in the White House Office from section