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

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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 1 p.m. ET: 33,443,701 — Total deaths: 1,003,337 — Total recoveries: 23,200,183Map.
  2. U.S.: Total confirmed cases as of 1 p.m. ET: 7,159,222 — Total deaths: 205,345 — 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%.