Former acting Attorney General Sally Yates said on "Meet the Press" Sunday that if Trump were not president, he would likely be indicted for obstructing justice in special counsel Robert Mueller's investigation.

"I have been a prosecutor for nearly 30 years. And I can tell you personally I have prosecuted obstruction cases on far, far less evidence than this. And yes, I believe if he were not the president of the United States, he would likely be indicted on obstruction. ...
I think special counsel Mueller did a very fair job in going through all 10 instances and laying out both the facts that established he had committed the crime of obstruction, but also pointing out the defenses, both legal and factual. But there are several incidents that he described to which special counsel Mueller really couldn't point to any significant factual or legal defenses."

Why it matters: Mueller notably did not make a recommendation on whether President Trump should be charged with obstruction of justice, citing an Office of Legal Counsel opinion that states that a sitting president cannot be indicted. Mueller does note, however, that the opinion also recognizes that the president does not have immunity after he leaves office.

  • The evidence Mueller lays out, in addition to his decision to explicitly not exonerate Trump in his report, could in theory be used to prosecute him once he leaves office.

Go deeper: What Trump did, and why Mueller didn't reach conclusions

Go deeper

Louisville police declare state of emergency as Breonna Taylor decision looms

A demonstrator holds up a sign of Breonna Taylor during a protest in Louisville, Kentucky. Photo: Brandon Bell/Getty Images

The Louisville police chief declared in a memo obtained by news outlets a "state of emergency" for the department on Monday to prepare for Kentucky Attorney General Daniel Cameron's expected announcement on the Breonna Taylor case.

Of note: Louisville has witnessed more than 115 days of protests over the police killing of Taylor, an unarmed Black woman, with calls for all the officers involved to be charged.

Updated 1 hour ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 9 p.m. ET: 31,1833,800 — Total deaths: 962,793— Total recoveries: 21,348,410Map.
  2. U.S.: Total confirmed cases as of 9 p.m. ET: 6,833,800 — Total deaths: 199,818 — Total recoveries: 2,615,949 — Total tests: 95,841,281Map.
  3. Health: CDC says it mistakenly published guidance about COVID-19 spreading through air.
  4. Media: Conservative blogger who spread COVID-19 misinformation worked for Fauci's agency.
  5. Politics: House Democrats file legislation to fund government through Dec. 11.
  6. World: U.K. upgrades COVID alert level as Europe sees worrying rise in infections — "The Wake-Up Call" warns the West about the consequences of mishandling a pandemic.

Sen. Cory Gardner on vacant Supreme Court seat: "I will vote to confirm"

Photo: Alex Wong/Getty Images

Sen. Cory Gardner (R-Colo.) will vote to confirm President Trump's nominee to replace the late Ruth Bader Ginsburg, he announced in a statement Monday.

Why it matters: The development is a win for President Trump and Senate Majority Leader Mitch McConnell (R-Ky.). It should mean Republicans are all but assured to have enough support to hold hearings for Trump's potential nominee.

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