Legal Arguments and Financial Disclosures
CREW contends that Kushner “holds a continuing position and wields significant government authority” while simultaneously running an investment firm with over $6 billion under management, with about 99% owned by foreign investors. The lawsuit states that the “interplay and overlap between his government role and private business interests present a heightened risk of financial conflicts of interest.”
The complaint highlights Kushner’s position as founder and CEO of Affinity Partners, a private investment firm based in Miami that is backed by sovereign wealth funds in the Middle East, including Saudi Arabia, Qatar and the United Arab Emirates. CREW President Donald K. Sherman stated in a press release that Kushner is “acting with the authority of the United States government, shaping the most serious foreign policy and national security issues facing our nation, and yet, he has not complied with legal requirements to meaningfully assure the public of his competence and fitness.”
The organization is calling for the court to declare that Kushner is unlawfully working for the federal government and to block White House Cabinet members and departments from supporting his activities until he is confirmed by the Senate and files all financial disclosures. The lawsuit cites the Constitution’s Appointments Clause and the Ethics in Government Act of 1978, which require individuals holding continuing government positions to be approved by the Senate and file public financial disclosures.