House Judiciary Chairman Jerry Nadler. Photo: Jim Watson/AFP/Getty Images

House Judiciary Chairman Jerry Nadler (D-N.Y.) vowed to press ahead with a contempt vote after the Justice Department sent him a letter Tuesday saying if it wasn't canceled, Attorney General Bill Barr would recommend President Trump assert executive privilege over the Mueller report.

"This is ... not how executive privilege works. The White House waived these privileges long ago, and the Department seemed open to sharing these materials with us earlier today. The Department’s legal arguments are without credibility, merit, or legal or factual basis."
— House Judiciary Chairman Jerry Nadler

Why it matters: Nadler scheduled the vote on Wednesday for the committee to hold Barr in contempt of Congress for failing to turn over the full report.

Context: The New York representative said hours before receiving the letter from Assistant Attorney General Stephen Boyd he would meet with the Justice Department Tuesday to "negotiate an accommodation" to Democrats' demands for the release of special counsel Robert Mueller's full, unredacted report. Boyd had proposed they meet on Wednesday afternoon.

What they're saying: In his letter to Nadler, Boyd requested the committee "hold the subpoena in abeyance and delay any vote on whether to recommend a citation of contempt for non-compliance with the subpoena, pending the President’s termination of this question."

"In the face of the Committee’s threatened contempt vote, the Attorney General will be compelled to request that the President invoke executive privilege with respect to the materials subject to the subpoena."

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Biden: The next president should decide on Ginsburg’s replacement

Joe Biden. Photo: Drew Angerer / Getty Images

Joe Biden is calling for the winner of November's presidential election to select Ruth Bader Ginsburg's replacement on the Supreme Court.

What he's saying: "[L]et me be clear: The voters should pick the president and the president should pick the justice for the Senate to consider," Biden said. "This was the position the Republican Senate took in 2016 when there were almost 10 months to go before the election. That's the position the United States Senate must take today, and the election's only 46 days off.

Trump, McConnell to move fast to replace Ginsburg

Photo: Alex Wong/Getty Images

President Trump will move within days to nominate his third Supreme Court justice in just three-plus short years — and shape the court for literally decades to come, top Republican sources tell Axios.

Driving the news: Senate Majority Leader Mitch McConnell and Senate Republicans are ready to move to confirm Trump's nominee before Election Day, just 46 days away, setting up one of the most consequential periods of our lifetimes, the sources say.

Updated 5 hours ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 10 p.m. ET: 30,393,591 — Total deaths: 950,344— Total recoveries: 20,679,272Map.
  2. U.S.: Total confirmed cases as of 10 p.m. ET: 6,722,699 — Total deaths: 198,484 — Total recoveries: 2,556,465 — Total tests: 92,163,649Map.
  3. Politics: In reversal, CDC again recommends coronavirus testing for asymptomatic people.
  4. Health: Massive USPS face mask operation called off The risks of moving too fast on a vaccine.
  5. Business: Unemployment drop-off reverses course 1 million mortgage-holders fall through safety netHow the pandemic has deepened Boeing's 737 MAX crunch.
  6. Education: At least 42% of school employees are vulnerable.