Ok, here is the thing I see coming with regards to this. And why this particular argument from the WH is very, very bad.
Yes, other administrations have used backchannels for low level staffers. JFK even had his brother use a backchannel form of communication with the Kremlin.
But the point of all of those was…the information flowing back and forth was between the President, and the leader of the other country. Between the PRESIDENT and the other leaders.
Even if they were not speaking directly, whatever was being discussed made its way to the President.
So, this defense raises the question…was Kushner passing on information from Trump to the Russians, and from the Russians to Trump? Because, if this is just like every other back channel, then they are directly implicating Trump.
And if Jared wasn’t passing information, or intending to pass information, to and from the President, then Jared is in FAR deeper trouble than we realize. That IS treason, by any measure, because it means he was attempting to usurp the President’s authority behind his back.
This is a sticky widget that they can’t slice and have both ways. Either Trump WAS giving and receiving information, and is therefore directly implicated in the growing collusion scandals, or Jared was attempting to usurp the Presidency directly.