Donald Trump has taken the unprecedented step of
requesting his son-in-law, Jared Kushner, receive top-secret
clearance to join him for his Presidential Daily Briefings, which
began Tuesday.
Multiple sources tell NBC News Trump received his first briefing
on Tuesday and designated both Kushner and Ret. Gen. Michael Flynn
as his staff-level companions for the briefings going forward.
While Flynn has the necessary security clearance, Kushner does
not, and it could take weeks — or even longer — for him to receive
it.
It's the latest in a series of unorthodox developments in
Trump's transition process that have cast a pall over his first
week as president-elect.
On Tuesday, former Rep. Mike Rogers announced he was leaving the
transition team, as part of what sources close to the transition
process told NBC News was a "purge" of loyalists to New Jersey Gov.
Chris Christie, who was demoted from leading the effort last week
due in large part to grudges held by Trump and Kushner, sources
say.
Naming Steve Bannon, founder and chairman of controversial
conservative Alt Right-leaning outlet Breitbart, as a chief
strategist in his White House sparked backlash from Democrats and
gave Republicans on Capitol Hill a new headache, as many dodged
questions about Bannon's controversial comments about minorities,
among other things.
And on Tuesday Trump also rolled out his Presidential Inaugural
Committee leadership, a list that was packed with many of Trump's
biggest donors and fundraisers and as such raised further questions
about his pledge to "Drain the Swamp" and rid Washington of
corruption.
While it's unclear when Kushner would receive security
clearance, the legality of such a move is murky as well, as it
raises questions about whether Trump is contravening the
anti-nepotism law that bars presidents from appointing family
members to cabinet positions or formal government jobs.
But Trump's advisers can argue that the transition team is
temporary, and thus not covered by the law. And Trump's own
children have indicated they'll continue to advise their father in
unpaid, informal roles, which may be outside the purview of the
law.
Still, experts note the purpose of the 1967 anti-nepotism
statute is to prevent nepotistic favoritism in the wielding of
federal power and benefits, so any notion of granting such an
important federal power to a non-employee family member contradicts
the purpose and spirit of that law, as well as standard
practice.
It's unprecedented for a "child or family member" to receive
security clearances, said Bradley Moss, a national security lawyer
who has held that kind of security clearance and clerked for the
National Security Archive.
He added, "You can't hold a security clearance as an informal
advisor — there is no such concept."