Trump's national security adviser, H.R. McMaster,
said during a press conference on Saturday that, if Kushner did try to set up such a back channel, "I would not be concerned about it."
"We have back-channel communications with a number of countries," McMaster said. "So, generally speaking, about back-channel communications, what that allows you to do is to communicate in a discreet manner."
Scott Olson, a recently retired FBI agent who ran counterintelligence operations and spent more than 20 years at the bureau, agreed that it is not unusual for low-level staffers to work between governments and bypass bureaucracy to exchange views and build consensus in advance of higher-level negotiations.
But what Kushner appears to have done is "substantially different, in two ways," he said.
"First, he is not seeking a back-channel for a low-level staff exchange," Olson said. "He wants high-level direct-contact communication. This is extremely dangerous because it results in verbal (and therefore undocumented and unwitnessed) agreements, which are binding on governments. Free governments do not work this way. They can't. If they do, they are no longer free."
He continued:
"Second, he asked to use a foreign government's communication facilities. This is way beyond a private server. This is doing US government diplomatic business over a foreign government's communication system. It's not an off-the-record conversation. It's a conversation recorded by the opposing party. This shows a staggering lack of understanding of the US and its place in the world. Actually, it shows a staggering lack of common sense. When he negotiates a business deal does he use the other guy's notes?"
Kushner, President Donald Trump's son-in-law and a top White House adviser, was willing to go extraordinary lengths to establish a secret line of communication between the Trump administration and Russian government officials, The Washington Post
reported Friday.
Kushner met with Russia's ambassador, Sergey Kislyak, in December at Trump Tower, where he floated the possibility of setting up a secure line of communication between the Trump transition team and Russia — and having those talks take place in Russian diplomatic facilities in the US. That would essentially conceal their interactions from US government scrutiny, The Post wrote, citing US intelligence officials briefed on the matter.
