The Maryland Democrat said Kushner's attorney told the committee in December that his client, who is also senior adviser to the president, has been using WhatsApp to communicate with foreign leaders in the course of his official White House duties.
According to Cummings's letter, Lowell said during their December meeting that Kushner was in compliance with records preservations rules because he took screen shots of his communications and forwarded them to his official email or to National Security Council officials.
Cummings said in his letter that the Presidential Records Act prohibits top White House officials, including the president and vice president, from using non-official electronic messaging accounts.
Cummings noted that Kushner's attorney Abbe Lowell told him and then-chairman Trey Gowdy (R-S.C.) late previous year that his client had been "using the messaging application What'sApp as part of his official White House communication with foreign leaders".
"This is why, from the Nation's beginning, Presidents from all political parties have determined that the law does not require the Executive Branch to provide Congress with documents related to confidential diplomatic communications between the president and foreign leaders", he said in the letter.
It was unclear whether Kushner continued to use WhatsApp after the December meeting. He also said that the Oversight Committee learned that McFarland "conducted official business on her personal AOL.com account" when she was deputy national security adviser and that they had "also obtained a document that appears to show that Bannon, former White House Chief Strategist, received documents" related to transferring United States nuclear technology to Saudi Arabia.
Cummings has accused the White House of "stonewalling".
Trump remarks on Conways' marriage in feud with aide's husband
Amazingly, Trump's latest tweet yesterday feels like an escalation from where thing have been between he and George Conway . Because we know Trump has known Conway for over a decade as he sung the lawyer's praises in a 2006 letter .
In a statement, White House Counsel spokesman Steven Groves confirmed the administration received Cummings' letter.
Cummings said that Trump's lawyer, Abbe Lowell, told the committee that Trump doesn't preserve official emails she receives in her personal account if she doesn't respond to them.
The Oversight Committee, which is investigating the White House's practices, said it has obtained information from the personal lawyer for Mr. Kushner and Ms. Trump, who are married.
Counsel to the President Pat Cipollone on Thursday rejected a demand made by House Democrats to hand over documentation of President Donald Trump's conversations with Russian President Vladimir Putin.
Multiple Democratic-led committees are battling with the White House over documents as they launch broad new investigations of Trump and his personal and political dealings.
The Post reported in November that Ivanka Trump sent hundreds of emails in 2017 to White House aides, Cabinet officials and her assistants using a personal account, many of them in violation of federal records rules. Lowell added he later told the committee, "Now she always forwards official business to her White House account". "The Committee requests that you confirm by March 28, 2019, whether you intend to comply voluntarily with its request or whether the committee should consider alternative means to obtain the information it needs to conduct its investigation", Cummings wrote.
The lawmakers expressed concern about media reports that Trump seized notes on at least one meeting with the Russian leader and tried to destroy records about those talks.
Citing Supreme Court precedent, Cipollone wrote that "the conduct of foreign affairs is a matter that the Constitution assigns exclusively to the President".