Rudy Giuliani. Photo: Jabin Botsford/The Washington Post via Getty Images

President Trump's attorney Rudy Giuliani told CNN and Fox News Wednesday that Special Counsel Robert Mueller's team told Trump's legal team that they have acknowledged — "after some battling" — that they cannot indict a sitting president.

Be smart: The Office of Legal Counsel in the Justice Department has long taken the position that they do not have the power to indict a sitting president. However, as CNN pointed out, Mueller still has the power to "issue a report making referrals or recommendations to the House of Representatives."

"All they get to do is write a report. They can't indict. At least they acknowledged that to us after some battling, they acknowledged that to us."
— Rudy Giuliani to CNN

Take note: Giuliani has been particularly candid with the media, and has had to "clarify" comments he's made during cable news interviews in the past. Earlier this month, Trump also remarked that Giuliani is still “learning the subject matter” and getting his “facts straight” regarding the president's legal matters.

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Coronavirus dashboard

Illustration: Sarah Grillo/Axios

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  2. U.S.: Total confirmed cases as of 12:45 p.m. ET: 6,777,026 — Total deaths: 199,352 — Total recoveries: 2,577,446 — Total tests: 94,211,463Map.
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Updated 1 hour ago - Health

7 states set single-day coronavirus case records last week

Data: Compiled by Axios; Map: Danielle Alberti/Axios

Seven states set new highs last week for coronavirus infections recorded in a single day, according to the COVID Tracking Project and state health departments. Wisconsin and Nebraska surpassed records set the previous week.

Why it matters: Problem spots are sticking in the Midwest, although the U.S. is moving in the right direction overall after massive infection spikes this summer.

Murkowski says she opposes voting on Ginsburg replacement before election

Photo: Greg Nash/Pool/Getty Images

Sen. Lisa Murkowski (R-Alaska) said in a statement Sunday that she opposes holding a Senate confirmation vote on President Trump's nomination to replace Supreme Court Justice Ruth Bader Ginsburg before the election.

Why it matters: Murkowski joins Sen. Susan Collins (R-Maine) as one of two Republican senators who have thus far said that they do not support rushing through a confirmation vote before November. Two more defections would likely force Senate Majority Leader Mitch McConnell (R-Ky.) to resort to holding a vote in the lame-duck session, which neither Murkowski nor Collins have addressed.