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House Judiciary Chairman Jerry Nadler (D-N.Y.) filed a lawsuit Wednesday to enforce a subpoena compelling former White House counsel Don McGahn to testify in the committee's investigation of President Trump's potential obstruction of justice.

Why it matters: McGahn, a key witness in former special counsel Robert Mueller's investigation who sat for more than 30 hours of interviews, has been blocked by the White House from complying with the subpoena, which was issued in April. In a letter to House Democrats, Speaker Nancy Pelosi stated that the McGahn lawsuit is part of the process of gathering "all the relevant facts" for the House to consider "whether to exercise its full Article I powers, including a constitutional power of the utmost gravity — articles of impeachment."

The big picture: The lawsuit follows a court filing last month seeking the release of grand jury materials from the Mueller report in which Nadler wrote that the committee had already begun "investigating whether to recommend articles of impeachment." He has declined, however, to label the investigation a formal "impeachment inquiry."

  • Nadler said on MSNBC this week that court decisions in these two key lawsuits will probably be reached by the end of October, and that the committee will have hearings with "witnesses who are not dependent on the court proceedings" in September and October."
  • Under this timeline, Nadler said that a decision on whether to report articles of impeachment would likely come "late in the fall, in the latter part of the year."

Between the lines: Nadler told Politico in June that the McGahn court case is "key to everything" because it addresses the question of whether the White House can assert "absolute immunity" over witnesses. "It’s one thing to tell a judge blanket immunity is not a right thing," Nadler said. "It’s another thing when a judge can see what that means in actuality, and how absurd it is."

  • Nadler added that former White House communications director Hope Hicks will talk to congressional investigators "only under legal compulsion." Hicks sat for a closed-door interview with the committee in June, but was blocked by White House lawyers from answering any questions about her time in the administration.

The other side ... McGahn's lawyer said in a statement:

"People should not forget that Don McGahn is a lawyer and has an ethical obligation to protect client confidences, and as I have said before, Don does not believe he witnessed any violation of law. And the President instructed Don to cooperate fully with the Special Counsel but directed him not to testify to Congress unless the White House and the Committee reached an accommodation. When faced with competing demands from co-equal branches of government, Don will follow his former client’s instruction, absent a contrary decision from the federal judiciary."

Read the lawsuit:

Go deeper: The impeachment slow-drip

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Biden releases 2019 tax returns ahead of debate

Photo: Alex Wong/Getty Images

Joe Biden's campaign released his 2019 tax returns on Tuesday, showing that he and his wife, Jill, paid nearly $300,000 in federal taxes last year.

Why it matters: The release, timed just hours before the first presidential debate, comes days after a bombshell New York Times report said that President Trump paid only $750 in federal taxes in 2016 and 2017. Biden's team is hoping to make the tax contrast a sticking point during their showdown.

Updated 1 hour ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 2:15 p.m. ET: 33,454,037 — Total deaths: 1,003,571 — Total recoveries: 23,204,219Map.
  2. U.S.: Total confirmed cases as of 2:15 p.m. ET: 7,165,067 — Total deaths: 205,476 — Total recoveries: 2,794,608 — Total tests: 102,342,416Map.
  3. Health: Americans won't take Trump's word on the vaccine, Axios-Ipsos poll finds.
  4. States: NYC's coronavirus positivity rate spikes to highest since June.
  5. Sports: Tennessee Titans close facility amid NFL's first coronavirus outbreak.
  6. World: U.K. beats previous record for new coronavirus cases.

NYC's coronavirus positivity rate spikes to highest since June

New York Mayor Bill de Blasio. Photo: Noam Galai/Getty Images

New York City's coronavirus positivity rate has ticked up to 3.25%, its highest since June, Mayor Bill de Blasio said at a news conference on Tuesday.

Why it matters: The jump — from 1.93% on Monday — came on the first day that public elementary classrooms reopened in the city after months of closures, but guidelines state that all public schools will have to shut if the citywide seven-day positivity rate stays above 3%.