Allen, writing in his new media company Axios' morning newsletter, reported that lawyers had “worked out a way” for Kushner, the influential husband of Trump’s daughter, Ivanka, to serve in the West Wing as “senior adviser.”
Such a position would not require Senate confirmation, though it is still unclear how Kushner and Ivanka Trump, both close advisers to the President-elect and vice chairs of his transition team, would serve in his administration without violating the spirit of anti-nepotism laws.
Though she did not confirm Kushner’s reported role in an interview with Bloomberg Monday, a lawyer representing Kushner said he plans to divest from assets and leaving positions that might present conflicts of interest should he take an administration job.
Jamie Gorelick of WilmerHale told the publication that Kushner plans to leave his position as CEO of Kushner Cos., his family real estate company, and sell his ownership stakes in its flagship building, 666 Fifth Avenue. He also plans to divest from Thrive Capital, an investment firm, and the New York Observer.
Kushner also plans to rid himself of any foreign investments and common stock, Gorelick said. “For the most part they are going to other family members through various trusts and the like,” she said. “He will not be the beneficiary of these trusts.”
In December of last year, Trump ally Newt Gingrich suggested Trump simply exercise the presidential pardon to excuse members of his family who may break the law by working in government.
In response, Richard Painter, President George W. Bush’s chief ethics lawyer from 2005-2007, said: “If the pardon power allows that, the pardon power allows the president to become a dictator."
This post has been updated.