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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

Cuomo accuser speaks out, calls denials "dangerous," "victim blaming"

Andrew Cuomo. Photo: Lev Radin/Pacific Press/LightRocket via Getty Images

A former aide to New York Gov. Andrew Cuomo, who accused him of sexual harassment, spoke out against his earlier denial of inappropriate behavior, telling CBS News that the governor's comments were "dangerous" and "victim blaming."

Driving the news: At a press conference earlier Tuesday, Cuomo specifically addressed the allegations made by his ex-aide, Charlotte Bennett, admitting he "did ask her questions I don't normally ask people," but he flatly denied other details of her allegations.

CDC extends ban on evictions until October after protests

Demonstrators gather during a protest against the expiration of the eviction moratorium outside of the U.S. Capitol in Washington, D.C., U.S., on Sunday, Aug. 1. Photo: Bloomberg via Getty Images

The Centers for Disease Control and Prevention issued an order on Tuesday barring evictions for most of the U.S. through Oct. 3.

The big picture: The moratorium will temporarily halt evictions in counties with "substantial and high levels" of coronavirus cases, which should cover areas where 90% of the U.S. population lives, per AP.

Updated 2 hours ago - Politics & Policy

Law enforcement confirms officer was killed in Metro station attack at Pentagon

Law enforcement officers patrolling the Pentagon's transit station on August 3. Photo: Olivier Douliery/AFP via Getty Images

Pentagon Force Protection Agency Chief Woodrow Kusse said an officer was attacked at a transit station outside the Pentagon on Tuesday morning, gunfire was exchanged between the suspect and law enforcement and multiple people were injured.

The latest: "PFPAOficial mourns the tragic loss of a Pentagon Officer killed during this morning's incident at the Pentagon," the Pentagon Force Protection Agency tweeted Tuesday evening. "Our thoughts and prayers are with the Officer's family.