In order to comply with federal ethics laws and after consulting the Office of Government Ethics, Kushner will take a number of steps to divest substantial assets, Gorelick said.
The anti-nepotism law was not directly at issue in the case, but Judge Laurence Silberman, appointed by President Ronald Reagan, wrote then that the law probably does not cover White House staff. He was also a key adviser during Trump's presidential campaign.
Donald Trump is handing over management of his business to his sons instead of selling his stake in the business or turning it over to an independent trustee.
She and Kushner have three children, Arabella Rose Kushner, who is in Kindergarten, Theodore James, who was born in March, and Joseph Frederick, 3.
Jared Kushner, the son-in-law of President-elect Donald Trump and one of his closest confidants, will join the White House as a senior adviser to the president, Trump announced Monday, while a lawyer assisting the family said that Kushner's wife, Ivanka Trump, will not immediately take on a formal role.
Trump is relying on an interpretation of the law itself, backed by a court opinion from 1993, as well as a separate provision of federal law from 1978 that allows the president to appoint White House staff "without regard to any other provision of law" dealing with employment.
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The Trump attorney said the process of selling the company would create new conflicts of interest. Here's what will happen to those businesses as he moves into the White House.
Kushner, 35, who is married to Trump's daughter Ivanka, is taking the post after receiving legal counsel that doing so would not violate US anti-nepotism law, transition officials said.
As part of exiting her investments, Ivanka Trump will stop receiving her share of profits earned by company assets, Politico reported. "Selling first and foremost would not eliminate possibilities of conflict of interest", she said, adding that "if President-elect Trump sold his brand he would be entitled to royalties for the use of it" and "further, whatever price was paid would be subject to criticism and scrutiny" and questions of pay-for-play.
"These papers are just some of the documents I've signed turning over complete and total control to my sons", Trump said at his January 11 press conference.
"I hope his father-in-law takes a page from his book and does the same, as presidents have for the past four decades, by divesting into a blind trust or the equivalent", Eisen said.
Reacting to Wednesday's announcement, Eisen emphasized that Trump failed to adhere to any of those ethical guidelines in outlining his new plan. Trump is scheduled to hold a news conference on Wednesday to discuss his plans for dealing with myriad conflicts of interest raised by his sprawling worldwide development, hotel, branding and entertainment empire.