Andrew Napolitano. Photo: Robert Daemmrich Photography Inc/Corbis via Getty Images

Andrew Napolitano, a former judge and Fox News' senior judicial analyst, said that Attorney General Bill Barr was "wrong" to absolve President Trump of obstruction of justice based on the evidence in the Mueller report in a Fox News op-ed on Thursday.

The big picture: Napolitano called Trump's actions "unlawful, defenseless and condemnable" and said it was up to House Democrats to decide whether or not to impeach Trump on obstruction charges.

Background: In 2017, Napolitano was consulted by Trump's advisory team — which featured Steve Bannon, Jeff Sessions, White House counsel Don McGahn, among others — for his thoughts on who Trump should pick for the Supreme Court.

  • Per Politico, in the early days of the Trump administration, he also told friends that he was on Trump's shortlist for a Supreme Court pick.

What Napolitano said:

[T]he dilemma for House Democrats now is whether to utilize Mueller's evidence of obstruction for impeachment. They know from history that impeachment only succeeds if there is a broad, national, bipartisan consensus behind it, no matter the weight of the evidence or presence of sophisticated legal theories. ...
The president's job is to enforce federal law. If he had ordered its violation to save innocent life or preserve human freedom, he would have a moral defense. But ordering obstruction to save himself from the consequences of his own behavior is unlawful, defenseless and condemnable.

Go deeper: Mueller report shows Trump’s biggest power play

Go deeper

Updated 2 hours ago - Politics & Policy

Coronavirus dashboard

Illustration: Aïda Amer/Axios

  1. Global: Total confirmed cases as of 3 a.m. ET: 33,362,341 — Total deaths: 1,001,800 — Total recoveries: 23,153,572Map.
  2. U.S.: Total confirmed cases as of 3 a.m. ET: 7,149,073 — Total deaths: 205,069 — Total recoveries: 2,794,608 — Total tests: 102,342,416Map.
  3. Business: Companies are still holding back earnings guidance.
  4. Health: Trump announces plan to distribute 150 million rapid tests —The childless vaccine.
  5. Media: Fauci: Some of what Fox News reports about COVID-19 is "outlandish"
  6. States: Cuomo extends New York moratorium on evictions until 2021.
  7. World: More than 1 million people have now died from coronavirus — India the second country after U.S. to hit 6 million cases.

Kentucky attorney general to release Breonna Taylor jury deliberations

Attorney Ben Crump places his hands on the shoulders Tamika Palmer, Breonna Taylor's mother, near a mural of her daughter at Jefferson Square Park on Sept. 25 in Louisville, Kentucky. Photo: Michael M. Santiago/Getty Images

Grand jury proceedings in the case of Breonna Taylor, an unarmed Black woman fatally shot by police, will be released on Wednesday, Kentucky Attorney General Daniel Cameron confirmed to news outlets.

Driving the news: Cameron's announcement late Monday came hours after a judge granted an unnamed juror's court motion seeking the release of last week's transcripts and related recordings.

Bob Woodward: "I was not going to hide" my opinion on Trump

Bob Woodward didn't want to join Senate Republicans in privately condemning President Trump but declining to do so publicly, he told Jonathan Swan in an interview for "Axios on HBO."

Why it matters: Woodward has covered 9 presidents, but Trump is the first that Woodward explicitly described as "the wrong man for the job."