Jared Kushner in damage control after saying he can't 'commit' to general election happening on 3 November

A federal statute makes it illegal for the White House to unilaterally postpone the election

White House adviser Jared Kushner walked back comments that he couldn't commit one way or another to the 2020 presidential election going ahead in November.

In an interview with Time magazine, Mr Kushner said it was too far in the future to tell if there was any scenario, including a second coronavirus outbreak, that could see the elections move past 3 November.

In a statement released to NBC News late on Tuesday, Mr Kushner clarified his comments after receiving criticism over an apparent lack of understanding of a federal statute that makes it illegal for the White House to unilaterally postpone an election.

"I have not been involved in, nor am I aware of any discussions about trying to change the date of the presidential election," he said.

During a wide-ranging interview as part of TIME 100 Talks series, Mr Kushner was earlier asked if he would commit to the elections happening on 3 November.

"It's not my decision to make so I'm not sure I can commit one way or the other," Mr Kushner said.

"But right now that's the plan and, again, hopefully by the time we get to September, October, November, we’ve done enough work with testing and with all the different things we’re trying to do to prevent a future outbreak of the magnitude that would make us shut down again. I really believe that once America opens up, it’ll be very hard for America to ever lock down again.”

A federal statute dating back to the 1800s defines Election Day to be held on the Tuesday after the first Monday in November.

"Never Trumper" and conservative commentator Bill Kristol said Mr Kushner's comments revealed an ignorance of the Constitution and law, as they took for granted that it was possible to have any say at all on whether the election goes ahead or not.

Donald Trump himself has committed to the election going ahead as planned, saying in March "the general election will happen on November 3rd."

During a coronavirus taskforce press briefing on 27 April, he said he's never thought about changing the election date.

"Why would I do that? November 3rd. It's a good number. No, I look forward to that election."