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President Donald Trump’s lawyer Rudy Giuliani

President Donald Trump’s lawyer, Rudy Giuliani, told the Huffington Post Sunday that the Constitution's broad power would prevent a president from being prosecuted, even in the extreme hypothetical case that President Trump shot former FBI director James Comey instead of firing him.

“In no case can he be subpoenaed or indicted. I don’t know how you can indict while he’s in office. No matter what it is ... If he shot James Comey, he’d be impeached the next day. Impeach him, and then you can do whatever you want to do to him.”
— Rudy Giuliani to HuffPost

Be smart: Former White House ethics lawyer Norm Eisen, who served under President Obama, told HuffPost that Giuliani's claim is uninformed and the Constitution grants no such protection.

"A president could not be prosecuted for murder? Really? It is one of many absurd positions that follow from their argument. It is self-evidently wrong.”
— Norm Eisen

The backdrop: Giuliani's remarks follow a Saturday report detailing how the Trump's lawyer's bold new claim that the president can't obstruct justice because his presidential authority is so broad it makes obstruction impossible.

  • Giuliani also claimed on ABC News' "This Week" Sunday morning that Trump "probably" has the power to pardon himself if special counsel Robert Mueller's team finds him guilty of obstructing justice. But Giuliani clarified that Trump has no plan to do so.

Go deeper: How constitutional steps like impeachment actually work

Go deeper

Caitlin Owens, author of Vitals
4 hours ago - Health

Biden taps ex-FDA chief to lead Operation Warp Speed amid rollout of COVID plan

Photo: Alex Wong/Getty Images

President-elect Joe Biden has picked former FDA chief David Kessler to lead Operation Warp Speed, a day after unveiling a nearly $2 trillion pandemic relief plan that includes $400 billion for directly combatting the virus.

Why it matters: Biden's transition team said Kessler has been advising the president-elect since the beginning of the pandemic, and hopes his involvement will help accelerate vaccination, the New York Times reports. Operation Warp Speed's current director, Moncef Slaoui, will stay on as a consultant.

The case of the missing relief money

Illustration: Sarah Grillo/Axios

A chunk of stimulus payments is missing in action, thanks to a mix up that put as many as 13 million checks into invalid bank accounts.

Why it matters: The IRS (by law) was supposed to get all payments out by Friday. Now the onus could shift to Americans to claim the money on their tax refund — further delaying relief to struggling, lower-income Americans.

The post-Trump GOP, gutted

McConnell (L), McCarthy (R) and Trump. Photo: Erin Schaff-Pool/Getty Images

Republicans will emerge from the Trump era gutted financially, institutionally and structurally.

The big picture: The losses are stark and substantial.