President Donald Trump's son-in-law likely broke the law this week, one analyst wrote Wednesday.
Jared Kushner traveled to Moscow on Tuesday to participate in high-stakes foreign policy negotiations with Russian President Vladimir Putin over a potential peace deal with Ukraine. The U.S. delegation consisted of Kushner, Special Envoy Steve Witkoff, and an interpreter.
"Kushner’s participation in the Moscow meeting — and the similar role he played in the Gaza negotiations — likely violates the law," wrote Judd Legum for Popular Information.
As a representative of the Trump administration, he technically qualifies as a Special Government Employee — a designation that requires specific legal guidelines.
However, "Trump has not named Kushner an SGE," noted Legum, even though a 1977 Department of Justice opinion suggests that performing governmental functions under presidential direction can constitute an official capacity.
"Here, Kushner is engaged in activities that can only be conducted by government officials," wrote Legum.
Private citizens are banned from unauthorized foreign negotiations under the Logan Act. Furthermore, accepting payments from foreign governments is restricted under the Foreign Emoluments Clause. But since leaving the White House four years ago, Kushner has raised nearly $5 billion for his private equity firm. Nearly 99% of that funding has come from foreign sources.
"As a de facto SGE with substantial authority, the Foreign Emoluments Clause of the Constitution prohibits Kushner from accepting 'any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State,' noted Legum.
The Saudi government pays Kushner about $25 million a year, while other investors, such as the governments of Qatar and the United Arab Emirates, pay up to 2% a year.
"Kushner is continuing to collect these fees as he serves in a top foreign policy role for the Trump administration. This is precisely the kind of behavior the Foreign Emoluments Clause was designed to prevent," he said.
Kushner notably pledged last year that he would not resume a foreign policy role in a potential second Trump administration. He stressed his commitment to being a private investor and keeping away from governmental affairs.