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Special counsel Robert Mueller's team has informed President Donald Trump's attorneys that they have concluded that they cannot indict a sitting president, according to the President's lawyer."All they get to do is write a report," Trump lawyer Rudy Giuliani told CNN. "They can't indict. At least they acknowledged that to us after some battling, they acknowledged that to us."That conclusion is likely based on longstanding Justice Department guidelines. It is not about any assessment of the evidence Mueller's team has compiled.A lack of an indictment would not necessarily mean the President is in the clear. Mueller could issue a report making referrals or recommendations to the House of Representatives.The inability to indict a sitting president has been the position of the Office of Legal Counsel in the Justice Department since the Nixon administration and reaffirmed in the Clinton administration, but it has never been tested in court.It had been an open question whether, if investigators found potentially criminal evidence against Trump, Mueller's team would try to challenge those Justice Department guidelines.CNN reached out to Mueller's team. They declined to comment.Deputy Attorney General Rod Rosenstein publicly discussed the issue earlier this month at an event held by the Freedom Forum Institute. He was asked if a sitting president can be indicted."I'm not going to answer this in the context of any current matters, so you shouldn't draw any inference about it," Rosenstein said. "But the Department of Justice has in the past, when the issue arose, has opined that a sitting President cannot be indicted. There's been a lot of speculation in the media about this, I just don't have anything more to say about it." Rosenstein oversees the special counsel probe.Giuliani tells CNN the special counsel's team has decided that "they have to follow the Justice Department rules.""The Justice Department memos going back to before Nixon say that you cannot indict a sitting president, you have to impeach him. Now there was a little time in which there was some dispute about that, but they acknowledged to us orally that they understand that they can't violate the Justice Department rules," Giuliani said."We think it's bigger than that. We think it's a constitutional rule, but I don't think you're ever going to confront that because nobody's ever going to indict a sitting president. So, what does that leave them with? That leaves them with writing a report," said Giuliani.It would then be up to the House of Representatives to decide what to do about with the special counsel's report -- and whether to pursue articles of impeachment.Giuliani also said that he is using the one-year anniversary of the Mueller probe, which is Thursday, to push the special counsel to disclose how much money is being spent, and to actively begin negotiating with Trump's legal team over any Trump interview Mueller is seeking."Do you really need an interview?" Giuliani said he wants Mueller's team to answer."You've got all the facts. You've got all the documents. You've got all the explanations. We're happy to tell you they're not going to change." 3176

Sorry, kids — snow days are off the table for the upcoming academic year in New York City.If there's snow in the forecast, students will learn from home, according to New York State Education Department guidance. School also won't be canceled for any other kind of inclement weather. The city usually builds at least one snow day into the year's academic calendar.Education Department spokesman Nathaniel Styer said there will also be remote instruction on Election Day.“As we reopen schools for this critical school year, we are utilizing all of the lessons learned from remote schooling this spring to maximize our students’ instructional time," Styer said.Virtual orientation started Wednesday for thousands of students in New York City. On Monday, most school buildings will reopen with a blended learning schedule. This story originally reported by Aliza Chasan on pix11.com. 889

Sheriffs in at least eight counties in Texas have said that they will not fine or cite those who violate Gov. Greg Abbott's executive order that requires Texans to wear masks in public.According to The Washington Post, sheriffs in Denton, Nacogdoches, Smith, Upshur, Kerr, Gillespie, Panola and Montgomery Counties have already said they cannot — or will not — enforce the order. CBS News also included Houston County in a list of countries not requiring masks.Abbott — who previously blocked cities and countries from instituting orders requiring masks — signed the executive order last week. It says those who repeatedly violate the order could face a citation and a fine of up to 0, but adds that violators cannot be detained or jailed.The Post reports that the sheriffs object to enforcing the order for a number of reasons. Some said that they could not enforce the order because stopping a person on the street constituted "detaining" them. Other sheriffs said the citing violators was discriminatory because the order includes exemptions for those attending religious services. Still others say they lack the resources to track repeat offenders properly.In a lengthy Facebook post, Denton County Sheriff Tracy Murphee took issue with the order because it was not passed by the Texas legislature."The order is not a law, there is no requirement that any police officer enforce it, and it's unenforceable," Murphee said. "We can't spend our time running from place to place for calls about mask we can really do nothing about. Like I said I will comply because I want to comply. I won't and I don't believe I can take any enforcement action on this order."After Murphee announced his opposition to enforcing the order, a Denton County resident launched a Change.org petition calling for his removal. The petition has received nearly 5,000 signatures.Abbott's order says his order does not apply in counties with less than 20 confirmed COVID-19 cases. Some sheriffs in rural counties have said they will not enforce the order if they reach that threshold. 2070

SPRING VALLEY, Calif. (KGTV) -- A man was shot and killed in a Spring Valley parking lot late Sunday.San Diego County sheriff's deputies were called just before 8:30 p.m. after shots were fired in a parking lot at 8667 Jamacha Rd., a shopping center just off state Route 125.Responding deputies arrived to find an adult male had been shot. The unidentified victim died at the scene.It's not clear what led up to the shooting. Sheriff's homicide investigators were called to the scene to investigate.The Sheriff's Department did not say whether there were any suspects immediately after the shooting. 607

Smartphones can do a lot of things, but you can't yet buy one that folds. Samsung plans to change that soon.The world's biggest smartphone maker is aiming to release a device with a foldable display in 2018, its head of mobile Koh Dong-jin said in Seoul on Tuesday.Koh added that the company still has "hurdles to overcome" before making the phones a reality. 367

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