Photo: Michael Kappeler/picture alliance via Getty Images

William Consovoy, a lawyer for President Trump, claimed in federal appeals court that the president could shoot someone on New York City's 5th Avenue and not be prosecuted, Politico reports.

The big picture: Consovoy's comments were made on Wednesday during oral arguments over a subpoena for Trump's tax returns. Trump filed a lawsuit in New York last month to block the subpoena "on the grounds that as president, he has absolute immunity from criminal indictment or investigation," per Politico. A federal judge threw out Trump's suit to block the subpoena, and Trump filed an appeal.

What they're saying: Consovoy clarified he was not suggesting "permanent immunity," after Judge Denny Chin of the Court of Appeals for the Second Circuit asked, "Nothing could be done, that's your position?"

  • But as long as Trump is a sitting president, the attorney argued Trump could get away with the crime.

Flashback: The judge's question echoed a 2016 Trump campaign rally assertion that he could "stand in the middle of 5th avenue and shoot somebody" without losing voters.

Go deeper: The fight for Trump's taxes

Go deeper

Updated 57 mins ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 10 p.m. ET: 32,471,119 — Total deaths: 987,593 — Total recoveries: 22,374,557Map.
  2. U.S.: Total confirmed cases as of 10 p.m. ET: 7,032,524 — Total deaths: 203,657 — Total recoveries: 2,727,335 — Total tests: 99,483,712Map.
  3. States: "We’re not closing anything going forward": Florida fully lifts COVID restaurant restrictions — Virginia Gov. Ralph Northam tests positive for coronavirus.
  4. Health: Young people accounted for 20% of cases this summer.
  5. Business: Coronavirus has made airports happier places The expiration of Pandemic Unemployment Assistance looms.
  6. Education: Where bringing students back to school is most risky.
Mike Allen, author of AM
4 hours ago - Politics & Policy

Biden pushes unity message in new TV wave

A fresh Joe Biden ad, "New Start," signals an effort by his campaign to make unity a central theme, underscoring a new passage in his stump speech that says he won't be a president just for Democrats but for all Americans.

What he's saying: The ad — which began Friday night, and is a follow-up to "Fresh Start" — draws from a Biden speech earlier in the week in Manitowoc, Wisconsin:

Trump prepares to announce Amy Coney Barrett as Supreme Court replacement

Judge Amy Coney Barrett. Photo: Matt Cashore/Notre Dame University via Reuters

President Trump is preparing to nominate federal appeals court Judge Amy Coney Barrett of Indiana, a favorite of both the social conservative base and Republican elected officials, to succeed Justice Ruth Bader Ginsburg, Republican sources tell Axios.

Why it matters: Barrett would push the already conservative court further and harder to the right, for decades to come, on the most important issues in American politics — from abortion to the limits of presidential power. If confirmed, she would give conservatives a 6-3 majority on the high court.