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Top White House officials and sources close to White House counsel Don McGahn tell Axios that McGahn will step down this fall — after Brett Kavanaugh is confirmed to the Supreme Court, or after the midterms. The president later confirmed Axios' reporting in a tweet.

The big picture: This potentially puts a successor in charge of fielding a blizzard of requests or subpoenas for documents and testimony if Democrats win control of the House in the midterms. And if the White House winds up fighting special counsel Robert Mueller, an epic constitutional fight could lie ahead.

  • We're told that Trump has not formalized a successor.
  • But McGahn has told a confidant he would like his successor to be Emmet Flood, a Clinton administration alumnus who joined the White House in May to deal with the Russia probe.
  • Flood also served for two years during George W. Bush’s second term as his top lawyer handling congressional investigators. 

A source familiar with Flood's thinking said: “The reason he can represent both Bill Clinton and Donald Trump is because he thinks these investigators come and basically put a target on their backs, trying to overturn every aspect of their lives searching for a crime."

  • "He feels that is a judicial and constitutional hazard."

Three senior administration officials tell us they hope Flood is the pick:

  • He’s trusted and respected inside the White House.
  • Most importantly, sources familiar with their interactions say Flood has — as well as any lawyer can — figured out how to talk to Trump.
  • The president focuses his attention when Flood talks to him: Trump reacts to the authority Flood carries as a heavyweight lawyer handling the topic that potentially poses an existential threat to the Trump presidency.

The timing for a McGahn departure is right for both sides, the officials say:

  • McGahn, whom some Trump allies fear coughed up too much information during his extensive cooperation with Mueller’s team, would leave on a high note, after the confirmation of Justice Neil Gorsuch, and the expected confirmation of Judge Brett Kavanaugh.
  • McGahn ran point on Trump's record run of conservative judicial selections, which has endeared Trump not only to his base but also to Republicans skeptical of his presidency.
  • In Flood, Trump would get a White House counsel with impeachment chops from the Clinton years, and little internal baggage.
  • McGahn has told a confidant that he doesn't expect to leave Trumpworld entirely after he leaves the White House. He privately said he expects to continue to be of assistance to the president through the re-election campaign.

Be smart: McGahn has had, at times, a strained relationship with the president.

  • A defender of McGahn's, who has been an uncomfortable bystander while the president has torn shreds off of McGahn, told Axios that McGahn did the best he could under very trying circumstances, and often had to bat back unreasonable and legally problematic requests.

Get more stories like this by signing up for our daily morning newsletter, Axios AM. 

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Go deeper

Updated 50 mins ago - Sports

U.S. swim team wins 6 Tokyo Olympics medals, including 1st gold

Chase Kalisz of Team United States celebrates after winning the Men's 400m Individual Medley Final on day two of the Tokyo 2020 Olympic Games at Tokyo Aquatics Centre in Tokyo, Japan. Photo: Al Bello/Getty Images

Swimmer Chase Kalisz has become the first Team United States Olympian to win gold at the Tokyo Games.

The big picture: The Rio 2016 silver medalist's winning time in the men's 400 meters Individual Medley Final was 4 minutes 9.42 seconds. His teammate Jay Litherland took silver, .86 seconds behind him.

Golfer Bryson DeChambeau will miss Olympics after testing positive for COVID

Bryson DeChambeau of the United States on the 18th tee during Day Two of the 149th Open at Royal St George’s Golf Club on July 16 in Sandwich, England. Photo: Andrew Redington/Getty Images

Golfer Bryson DeChambeau has tested positive for COVID-19 and will miss the Tokyo Olympic Games, USA Golf announced late Saturday.

What's happening: "Patrick Reed will replace DeChambeau and is undergoing the requisite testing protocol" Sunday and Monday before his expected departure for Japan, per a USA Golf statement.

In photos: Scenes from some of the worst fires raging in the U.S.

A home explodes into flames as the Dixie Fire rips through the Indian Falls neighborhood of unincorporated Plumas County, California, on July 24. The blaze started near the origin of the deadly 2018 Camp Fire and has churned burned over 185,000 acres. Photo: Josh Edelson/AFP via Getty Images

Out-of-state crews went to Montana to tackle a wildfire that wounded five firefighters as Australia sent a large air tanker to help Californian firefighting efforts, as 88 large blazes raged in the U.S. Saturday.

The big picture: Montana Gov. Greg Gianforte (R) tweeted his thanks to Utah and California for sending crews over the weekend, as the two states battle their own blazes. The Australian tanker arrived in Calif., this week, where Gov. Gavin Newsom (D) proclaimed a state of emergency for four northern counties Friday.