An ethics watchdog organization filed a lawsuit Wednesday against Jared Kushner and the White House, seeking to bar the president’s son-in-law from acting as a political envoy unless he’s confirmed by the Senate and files public financial disclosures.
Citizens for Responsibility and Ethics in Washington argues Kushner “holds a continuing position and wields significant government authority” while running an investment firm with over $6 billion under management, with about 99% owned by foreign investors.
“The interplay and overlap between his government role and private business interests present a heightened risk of financial conflicts of interest,” the lawsuit says. “Nonetheless, Kushner continues to exercise significant government power while circumventing the very protections put in place to guard against such conflicts.”
The organization is calling for the court to declare that Kushner is unlawfully working for the federal government and block White House Cabinet members and departments from supporting Kushner’s activities until he is confirmed by the Senate and files all financial disclosures.
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In its complaint, CREW highlighted Kushner’s position as founder and CEO of Affinity Partners, a private investment firm based in Miami that is overwhelmingly backed by sovereign wealth funds in the Middle East, including Saudi Arabia, Qatar and the United Arab Emirates.
“The president’s son-in-law is currently acting with the authority of the United States government, shaping the most serious foreign policy and national security issues facing our nation, and yet, he has not complied with legal requirements to meaningfully assure the public of his competence and fitness, and that he’s putting America’s interests before his private interests,” said CREW President Donald K. Sherman in a press release.
The complaint also detailed Kushner’s growing involvement in President Donald Trump’s foreign negotiations since his first term, including his part as a major broker in negotiations in Israel, Russia and Ukraine in both official and informal capacities.
At the beginning of the year, Trump officially appointed Kushner as a ‘special envoy for peace’ and added him as an executive member of the inaugural Board of Peace.
In an email, Anna Kelly, the White House’s deputy press secretary, wrote that Kushner is a “proven dealmaker” with a record of success in assisting the president with foreign negotiations.
“CREW is an unserious, Trump-deranged organization that has been attacking President Trump, his family, and his administration since the first term,” Kelly wrote. “[Kushner’s] personal business activities have nothing to do with his diplomatic engagements, which he conducts on a volunteer basis at the President’s request and while paying his own expenses.”
Lawyers for CREW said Kushner continuing to work for the administration while evading the requirement for government authorities to file financial disclosures prevents the organization from accessing information that is “crucial to its work”.
“As long as Kushner occupies his diplomatic position without complying with these obligations, CREW will continue to be concretely harmed,” the lawsuit says.
The Constitution’s Appointments Clause and the Ethics in Government Act of 1978 require that individuals who hold continuing government positions be approved by the Senate before taking office and file public financial disclosures, respectively. Private citizens are prohibited from wielding government power.
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