CHRIS CUOMO (CO-HOST): On an ethical level, before we get to any legal exposure because of Kushner being part of that investigation, what is the rule about using a private e-mail account if I'm working in the White House?
[...]
WALTER SHAUB: The rule is you're supposed to use the government e-mail.
CUOMO: Do you have to? Is it a mandatory thing? Can you also use -- can you get a waiver? Is there a way to disclose it? What's the deal?
SHAUB: No, no. There's no waiver for it they're covered by the Presidential Records Act, which unlike the Federal Records Act that covers other agencies, mandates the retention of all work-related records. Now, they do have a policy to sort of be a catch-all when people violate the rule, they are supposed to forward copies of the e-mails to the White House systems.
CUOMO: Just relevant ones or all of them?
SHAUB: Well, all of them if they're work-related because of the Presidential Records Act.
CUOMO: So there is some discretion.
SHAUB: Only if they're work -- only if they're not work-related. The problem is if you go around using your private system, you're just inviting investigators to come to check your e-mail, your personal e-mail to see if you followed the rule to forward them to the White House.
ALISYN CAMEROTA (CO-HOST): I thought we learned this less lesson, Jeffrey. Can I have the two years of my life back from the last presidential race?
JEFFREY TOOBIN: Right. It is -- the hypocrisy is almost too perfect. I mean, every rally the chant was “lock her up” because Hillary Clinton, used a private server.
CAMEROTA: A private server -- and is that different than using a private e-mail account?
TOOBIN: I don't see how it's different.
[...]
CAMEROTA: Honestly, you don't see a distinction between a private server and a private email account?
TOOBIN: No, absolutely not. The rule is either that you use government email or you don't.
