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.
If he isn’t a special government employee acting in an official capacity, but rather a private citizen negotiating with a foreign goverment on behalf of the US, he’s committing a felony violation of The Logan Act. Not that such things matter anymore, but still.
If he isn’t a special government employee acting in an official capacity, but rather a private citizen negotiating with a foreign goverment on behalf of the US, he’s committing a felony violation of The Logan Act. Not that such things matter anymore, but still.