Federal corruption and conflict of interest laws do not apply to the president's family members if they do not hold an official government position.
Posted by Deadline: White House, Checked
- Sources
- 3 support2 context
- Said
- 1 time·
- Confidence
- 60%
Deadline: White HouseOct 28, 2026
Sources support the core claim that conflict-of-interest provisions (e.g., 18 U.S.C. §208) do not reach family members who are private persons without government roles: the OLC opinion says informal advisory relationships with relatives in personal capacities do not make them employees subject to Title 18 conflict laws.
What was said
… But at the end of the day, the corruption and conflict of interest laws that regulate many government officials do not apply to the president, and they don't apply to his family members if they do not have an official government position. So it's really exposing some gaps in the law. The sanctions laws are an area where the president, as the chief executive, has a lot of power to grant, um, you know, to decide whether to enforce them or not. …
Deadline: White House · · from the transcriptPost →What we found
Supports. OLC's 2025 opinion states that a private person's informal advisory relationship with the President does not make them a federal employee subject to Title 18 conflict-of-interest laws, and that relatives may advise the President in their personal capacities.[2]
Supports. The FLRA-hosted statute text excludes the President, Vice President, Members of Congress and federal judges from the 'officer' and 'employee' definitions in 18 U.S.C. §§203, 205, 207–209, and 218.[3]
Supports. The CRS memo states that most Chapter 11 conflict-of-interest provisions do not apply to the President, Vice President, or Members of Congress, because of the 18 U.S.C. §202 definitions.[4]
Context. AP reporting on Kushner and Ivanka Trump says that, as government employees holding White House jobs, they are subject to ethics and recusal rules, so the claim's carve-out applies only to relatives without official positions.[1][5]
Context. AP reporting notes that the anti-bribery statute applies to the president even though conflict-of-interest rules do not, which bears on the claim's 'corruption' wording, though no source addresses bribery liability for relatives specifically.[5]
Sources
5 sources: 1 fact-checker, 3 primary, 1 not rated
- 1Kushner, Ivanka Trump face ethical land mines aheadapnews.com · fact-checker · cited for: context
- 2[PDF] Application of the Anti-Nepotism Statute to a Presidential ...justice.gov · primary source · cited for: supports
- 3Conflict of Interest Statues | U.S. FEDERAL LABOR ...flra.gov · primary source · cited for: supports
- 4Conflict of Interest and “Ethics” Provisions That Apply to the ...democrats-judiciary.house.gov · primary source · cited for: supports
- 5Jared Kushner and Ivanka Trump Face Ethical Dilemmas Aheadbusinessinsider.com · not rated · cited for: context
Where this claim was made
Said in 1 published post