Sign up for our daily briefing

Make your busy days simpler with Axios AM/PM. Catch up on what's new and why it matters in just 5 minutes.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Catch up on the day's biggest business stories

Subscribe to Axios Closer for insights into the day’s business news and trends and why they matter

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Stay on top of the latest market trends

Subscribe to Axios Markets for the latest market trends and economic insights. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Sports news worthy of your time

Binge on the stats and stories that drive the sports world with Axios Sports. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Tech news worthy of your time

Get our smart take on technology from the Valley and D.C. with Axios Login. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Get the inside stories

Get an insider's guide to the new White House with Axios Sneak Peek. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Axios on your phone

Get breaking news and scoops on the go with the Axios app.

Download for free.

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Denver news?

Get a daily digest of the most important stories affecting your hometown with Axios Denver

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Des Moines news?

Get a daily digest of the most important stories affecting your hometown with Axios Des Moines

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Twin Cities news?

Get a daily digest of the most important stories affecting your hometown with Axios Twin Cities

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Tampa Bay news?

Get a daily digest of the most important stories affecting your hometown with Axios Tampa Bay

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Charlotte news?

Get a daily digest of the most important stories affecting your hometown with Axios Charlotte

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Sign up for Axios NW Arkansas

Stay up-to-date on the most important and interesting stories affecting NW Arkansas, authored by local reporters

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Trump walks up the steps of Air Force One at Andrews Air Force Base on Saturday, en route New York for GOP fundraisers. Photo: Susan Walsh / AP

John Dowd, President Trump's outside lawyer, outlined to me a new and highly controversial defense/theory in the Russia probe: A president cannot be guilty of obstruction of justice.

The "President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution's Article II] and has every right to express his view of any case," Dowd claims.

Dowd says he drafted this weekend's Trump tweet that many thought strengthened the case for obstruction: The tweet suggested Trump knew Flynn had lied to the FBI when he was fired, raising new questions about the later firing of FBI Director James Comey.

  • Dowd: "The tweet did not admit obstruction. That is an ignorant and arrogant assertion."

Why it matters: Trump's legal team is clearly setting the stage to say the president cannot be charged with any of the core crimes discussed in the Russia probe: collusion and obstruction. Presumably, you wouldn't preemptively make these arguments unless you felt there was a chance charges are coming.

  • One top D.C. lawyer told me that obstruction is usually an ancillary charge rather than a principal one, such as aquid pro quo between the Trump campaign and Russians.
  • But Dems will fight the Dowd theory. Bob Bauer, an NYU law professor and former White House counsel to President Obama, told me: "It is certainly possible for a president to obstruct justice. The case for immunity has its adherents, but they based their position largely on the consideration that a president subject to prosecution would be unable to perform the duties of the office, a result that they see as constitutionally intolerable."
  • Remember: The Articles of Impeachment against Nixon began by saying he "obstructed, and impeded the administration of justice."

Bob Woodward tells me this "is a legal thicket and really has not been settled":

  • "I think a president can only be reached through impeachment and removal. But the House and Senate could conclude a president had obstructed, and conclude that was a 'high crime.'"
  • "In Watergate there was political exhaustion — plus, as Barry Goldwater said, 'too many lies and too many crimes.' These questions are now, in the end, probably up to the Republicans. The evidence was in Nixon's secret tapes. Is there such a path to proof now is one way or the other? We don't know."

Be smart: The one thing everyone agrees on is that the House of Representatives, with its impeachment power, alone decides what is cause for removal from office. For now, at least, the House is run by Republicans.

Editor's Note: Get more stories like this by signing up for our daily morning newsletter, Axios AM.

Not a valid email format.
Not a valid email format.
Server error. Please try a different email.
Not a valid email format.
Not a valid email format.
Server error. Please try a different email.
Not a valid email format.
Not a valid email format.
Server error. Please try a different email.
Not a valid email format.
Not a valid email format.
Server error. Please try a different email.
Not a valid email format.
Not a valid email format.
Server error. Please try a different email.

Go deeper

USCP chief: Officers testifying before Jan. 6 committee "need to be heard"

Thomas Manger, the new chief of the U.S. Capitol Police, Photo: Tom Williams/CQ-Roll Call, Inc via Getty Images

New Capitol Police chief Tom Manger said officers testifying before the Jan. 6 select committee this week "need to be heard."

Driving the news: The select committee's first hearing is set to take place on Tuesday and will feature testimony from law enforcement officers who were subject to some of the worst of violence during the insurrection.

Updated 2 hours ago - Politics & Policy

Pelosi appoints GOP Rep. Kinzinger to Jan. 6 committee

House Speaker Nancy Pelosi (D-Calif.) announced Sunday that she has appointed Rep. Adam Kinzinger (R-Ill.) to serve on the House select committee investigating the Jan 6. Capitol riot.

Why it matters: Pelosi's announcement comes after she rejected two of the five Republican appointments offered by House Minority Leader Kevin McCarthy (R-Calif.).

Mike Allen, author of AM
2 hours ago - Politics & Policy

America's "Friendscape" crisis

New research shows Americans have fewer friends than in the past, and are less likely to have a best friend.

  • Why it matters: At a time of excruciating mental and societal stress, this is another sign we're breaking apart. And the friendship drought could get worse with more people working remotely or hybrid-ly.