Shep Smith: Kushner's security clearance omission 'can be a crime'

Fox News host Shepard Smith said Thursday that White House senior adviser Jared KushnerJared Corey KushnerNorth Korea looked to set up communications back channel through Kushner: report Prison reform, peace, and pardons: Jared Kushner's bold and lasting portfolio UK planning international meeting with Kushner to talk Mideast peace plan: report MORE’s failure to list some contacts with foreigners on personal disclosure forms he filled out as part of the security clearance process “can be a crime, punishable by prison.”

“Jared Kushner submitted his application, his 'SF-86' as they call it, and did not include 100 contacts with foreigners,” Smith said. “And then later had to go back and include them … but did not include the meeting at Trump Tower with the Russian lawyer and Russian translator. So that was another amendment to this thing.”

Smith noted President TrumpDonald John TrumpEx-ethics chief calls on Trump to end 'monstrous' migrant policies Laura Bush blasts Trump migrant policy as 'cruel' and 'immoral' US denies report of coalition airstrike on Syria MORE's son-in-law appears “good to go” with his security clearance now that the White House announced earlier this week that its decision to clamp down on temporary security clearances would not affect Kushner, who reportedly still holds only a temporary clearance.

"I can tell you that no decision within [chief of staff John KellyJohn Francis KellyMORE’s] memo will impact anything that Jared Kushner is working on. In terms of specifics on security clearance, I can't get into that," press secretary Sarah Huckabee Sanders told reporters on Tuesday. 

Kushner is reportedly resisting giving up his high-level access as Kelly carries out the review.

Kushner has updated his security clearance forms a handful of times since Trump’s inauguration, adding more than 100 foreign contacts that weren’t previously listed, including meetings with former Russian Ambassador Sergey Kislyak and the head of a prominent Russian bank that has been sanctioned by the U.S.

On his show Thursday, Smith said the omissions “for most people … can be a crime, punishable by prison.”

“Not in this case, apparently, but it can be,” Smith said.

Kushner’s lawyers have characterized the omissions as an oversight. 

CNN reported Thursday that special counsel Robert MuellerRobert Swan MuellerSasse: US should applaud choice of Mueller to lead Russia probe MORE’s investigation into Russia's election interference is holding up Kushner’s approval for a permanent security clearance.

Democrats including House Minority Leader Nancy PelosiNancy Patricia D'Alesandro PelosiDonald Trump is delivering on his promises and voters are noticing Trump rips Democrats for allowing MS-13 'animals' into country The Hill's 12:30 Report MORE (Calif.) have been calling for Kushner's clearance to be revoked since last July.