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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

Trump blasts “wacky” GOP Sen. Cassidy after “Axios on HBO” interview

Former President Trump on Monday blasted Sen. Bill Cassidy (R-La.) after he told "Axios on HBO" that he is not sure Trump could win the 2024 Republican presidential nomination.

Driving the news: When told that Trump could be expected to win the nomination, Cassidy jumped in saying: "I don't know that."

Ben Geman, author of Generate
2 hours ago - Politics & Policy

Biden's carbon emissions-cutting pledge faces tough climb

Image from the Rhodium Group study "Pathways to Paris." Courtesy of the Rhodium Group.

The verdict is in: President Biden's U.S. emissions-cutting pledge isn't a fantasy, but the path to meeting it is very difficult and relies on forces outside of White House control.

Driving the news: The Rhodium Group just released an analysis of policy combinations that could close the gap between the current U.S. trajectory and Biden's vow under the Paris Agreement to cut emissions in half by 2030.

Felix Salmon, author of Capital
Updated 2 hours ago - Economy & Business

Johnson & Johnson pulls the trigger on Texas talc gambit

Illustration: Aïda Amer/Axios

It's official: Johnson & Johnson has invoked a Texas legal loophole in an attempt to protect the bulk of its corporate assets from claims that its baby powder caused ovarian cancer and mesothelioma.

Why it matters: It's the biggest and boldest invocation yet of the so-called Texas two-step defense. But it's still not clear whether it's going to work.