Focus. Determination. Drive. Contra Costa College helped me blaze the trail. Now im a comet, and theres no stopping me. Come on, this is your shot. Take it. Join the team at contra Costa College. Start today at contracosta. Edu the memo and the new reporting on how it could be key evidence in the 2020 election case against donald trump. What one unindicted coconspirator sent over exactly one month before january 6th. A big win in the ballot box for abortion right, now how democrats hope to take this trend nation wide. People in hawaii are waking up to a dire situation. Dire is exactly how the Lieutenant Governor is describing the wildfires raging Out Of Control there right now. The unfolding disaster and the help that they need in hawaii right now. Well get to it. Im kate bolduan with john berman. This is cnn news central. Right now, hawaii is battling unprecedented wildfire. Strong winds are a big part of the problem making it difficult for officials to control the spread. Ill show you video taken overnight. This video overnight of just showing the wildfires moving quickly across western maui. The Drone Operator estimated that the fire was moving one and a half to three miles an hour. There are currently three active fires burning on that island. Two other fires are spreading on the big island. We will show you flames you can see flames, large plumes of smoke encroaching on local communities on these islands. Officials say several buildings there have been destroyed. Hawaiis Lieutenant Governor had said this about the challenges that theyre facing right now. 911 is down. Cell service is done. Phone service is down and thats been part of the problem, our Hospital System in maui, they are overburdened and people suffering from inthat lagsz and we need to fly people out of maui to give them burn support because Maa Hospital Cannot do extensive burn treatment. They are dealing with the situation, and it is unfolding as we speak. Cnns Derek Van Dam is joining us with more on this, how big of an impact is this having out at sea . Its certainly helping or aiding in the fueling of the flames and the tight pressure gradient. Well get to those details in just a moment, but listening to the radio that we have with the hawaii Lieutenant Governor and this is all Hands On Deck and shes issuing an Emergency Proclamation on the big island near waimea bay. Its not just maui. It is also on the big island of that way where were seeing these fires continue to spread. We have very erratic fire behavior. Weve all seen the video. Lets get to space and show you what it looks like. Get some contextual perspective on this. You can see hot spots from space and this is the big island, thats maui and smoke and you can see the direction of the wind because its pushing it in the southwesterly direction. The winds are coming from the eastnortheast and its all being fueled or helped fanned by what is Hurricane Dora to the south and west. So thats the High Pressure to the north and Hurricane Dora. Both are working together to put a squeeze on the island of hawaii and thats allowing for the winds to pick up and the problem is that this wind similar to lets say, Santa Ana Winds in Southern California is that it dries out and it warms up as it passes over the mountains and it creates these very dry, timberlake conditions. Weve had wind gusts in excess of 80 Miles Per Hour on the island of maui. Sustained winds over 25 Miles Per Hour and as we continue to see the Funneling Effect we will see the impacts with the wildfires continue at least for the next 12 hours before Hurricane Dora moves well away from the islands. 12 more hours. They really need help right now. Derek, thank you so much. Hes going to be watching this. Folks are clearly waking up or havent gone to sleep overnight for what theyre dealing with. On the phone joining us right now is one man who lives in hawaii and has been dealing with exactly what were talking about. Allen decar. Can you hear me . Yes, i can. Thank you so much. The control room just told me youve had to evacuate twice because of how these fires have been moving. Yes. Tell me what youve been going through. Whats the situation . So i live and work in lahaina town and had to evacuate. I took some video that you may have seen already of front street when it really kind of exploded in fire, and then i evacuated. I grabbed some people i saw on the street who didnt look like they had a good plan. I told them get in my truck. Theres only one road that leads out of lahaina and it was backed up, but thats okay. We made it through. I dropped everybody else off and i went to a place in another part of maui thats far away and as soon as i got there that whole area had to evacuate because of a totally different fire in kula that was, i guess, heading down to i was in Maui Meadows Near Wailea if you have a map. All of a sudden just as i arrived that whole area got evacuated. So now, im in a totally different part of maui in a rain forest because i figured that was enough, and im safe here at least from a fire e vashg situ evacuation because its a rain forest. As youre talking, some of the video you sent in. The winds of the fire the winds this just looks terrifying. Youve lived there a really long time. Have you ever seen anything like this . Yes. Never seen anything like this. The winds started overnight and there wasnt any real warning about this, so there was sometimes theres a warning about an upcoming storm. Certainly, we get lots of Hurricane Warnings about hurricanes that will come close, but not hit us, but nothing like that. The thing about this wind is it was a lot of gusts, 40 or 50 miles an hour, and this is in the middle of the night because things were breaking, branches were coming down, and i went outside at one point, and i had trouble standing up against the wend wind, but it was gusty. It wasnt a constant wind and it was hot. And it was hot. Ive never experienced one where it felt in my house when the wind blew and a little bit of wind came into the room it felt like there was a heater because we dont have heaters. So it was a weird sensation, and ive been here for 24 years, never had that here before. Its different. It does seem different. Talk to me about, also, you have a business, and i believe you have three maybe three properties . Do you know how your properties are . All three of my properties are in the same neighborhood in lahaina town. One of them one of the tenants had already come to me earlier in the very early afternoon because a tree from the resort thats right behind my property had blown over and destroyed everything in my backyard and she has guests coming tomorrow, now today, and she had set up a bunch of things for them and we were trying to figure out backup plans, and then she came back a half hour after that in tears really frantic, and all she could tell me she didnt have time to do anything. She just grabbed her mom and her dog. The house of on fire because the resort was on fire and it had come across the tree. So one of myw on fire because t resort was on fire and it had come across the tree. So ona on fire because the resort was on fire and it had come across the tree. So ons on fire because the resort was on fire and it had come across the tree. So one of my houses definitely caught fire. The other houses are each a block away, and i did not see them burn, but i recognize there is a very good chance that they are not there anymore. Both of them were completely covered in smoke after i started to evacuate. I went back to just check to see if the house was on fire or not. It wasnt, but i was standing at the street looking at my house, and i couldnt see my whole house because of the smoke, but the smoke was coming from another property that was a few buildings away and i went down to front street right after that and wanted to check on my gallery. Ive had a gallery in the center of front street for 23 years, and as i began walking that way, there is a Historic Building dickinson street, the old baldwin house, the roof was on fire, and i started taking a video of it because i was amazeded that there were no fire trucks there, and then as i turned and looked down front street, front street exploded in flame, and i took the other videos that i posted from dickinson on front street looking right into the heart of the business district, and theres about a twoblock stretch, two long blocks of front street that are the economic hub of maui, and there thats what you see in the video. I think this is the video that wooe ere seeing right now. Thank you so much. I am so glad to hear that you seem safe right now. I am so sorry for what youre going through and what is quite honestly very much unfolding as we speak as the officials in hawaii are saying these fires are burning Out Of Control. They just told us earlier this hour. Please be as careful as you can and we will stay in touch with you. Alan dick ar, thank you so much. This sounds horrible. Listening to him, and seeing the pictures and i get when we hear from officials this is not at all under control. The flames are blowing it on to the next street and before the highway. Its before dawn. Wait until they get to wake up and see the damage from overnight. Thank you. This morning what is being seen as a huge victory for Abortion Rights. This is over a Ballot Initiative in ohio. Voters there rejected a measure that would have made it harder to pass Abortion Rights measures in the upcoming november election and they did it resoundingly. 57 to 43 . Thats a 14 margin in a state that donald trump, a red state, trump won it by 8 . Cnns jeff zeleny is in columbus, ohio, this morning. This was a big result, jeff with potentially national implications. It definitely was, john. It means one thing, ohio will be the only state in the country with abortion on the ballot in november. This november. So all eyes in the state by state fight over Abortion Rights will be here in ohio, and it would have been regardless, but the rules will now be a simple majority will be needed to pass this bill. If the issue one, would have succeeded yesterday in ohio, it would have required a super majority of 60 and that was the voters and lawyers were asked if theyd like to change the rules of how difficult it is to change the states constitution and they resoundingly said no, but john, this is reverberating as you said, state by state and other states are looking at this and some initiative. Folks want to put this on the ballot next year in arizona and the key swing state and the white house weighing in, as well and the president saying overnight that this measure was a blatant attempt to weaken voters voices and yes, this was about abortion although the word wasnt directly on the ballot, but the issue absolutely was, and it is a continuation of what we saw just about a year ago last sumner kansas inover the Supreme Court decision of roe versus wade. It has gone to a handful of states and ohio is the latest one and john, this is a warning sign also for republicans going into 2024. If you look at the map in Suburban Areases where donald trump won handily, the no vote won handily. This has ramifications far beyond ohio and far beyond this year. Jeff zeleny in columbus. Standing between jeff and me, you can see cnn senior data reporter, i mentioneded that basically, the proxy for Abortion Rights won by 14 in ohio in a state that donald trump won by eight. You have another way to look at this swing. Jeff was talking about those counties that swung from donald trump over to the no side. This will give yuan understanding of whats going on. Joe biden won, get this, seven counties in ohio. Look at no on issue one. Won 22 counties, a bunch, a ton. Again thshgs is a proxy for Abortion Rights outperforming basically joe biden or the baseline for democrats and youve seen this, harry, in lots of measures over the last year or so. Abslaolutely right. Weve had six Ballot Measures that were abortion right side, on the Ballot Measure since july of 2022 when roe v. Wade was overturned and look at what they did, the proabortion side and they won every single one of them. 77 . Blue state there and blue state of california. 59 , look at montana, a red state, 53 . Kentucky, another red state where the proa Borgs Bortion i surprise where abortion won, and disappointing roe v. Wade. The vast majority of democrats at 93 . Look at independents. 69 . Boy, wouldnt that be a nice percentage for joe biden to get in 2024 . Even republican, nearly a third republicans disapproved of the Supreme Court overturning roe v. Wade. Obviously what democrats want is to figure out a way to take this obvious support on balance for Abortion Rights nationwide and see if they can expand it just beyond the abortion issue. Any evidence there . Yeah. Take a look at the special elections. The average special election the democratic margin compared to joe bidens margin. Look, in 2021, 2022, the role reversal. Those average democrats did three points worse than biden and look at the postroe, six points better than biden. Its not just abortion. Its transitioning to the ballot box. Harry enton, great to see you. Kate . Coming up for us, a never before seen memo with the plan to overturn the 2020 election and what this could mean for the case against donald trump. Top u. S. And mexican officials are meeting to talk about the southern border. At the top of the agenda, the controversial barbed wire and buoys that texas has put in the rio grande. We will talk to a democratic congressman who got a tour of the Floating Barricade and hear what he saw and sees now. And the american nurse and her daughter kidnapped in haiti, they are now free, we are told. More details we are learning about their release. Well be right back. Lebrity sal. With pictureworthy Designer Frames at a fly price from Sofia Vergara youre in my shot . Be sure to get my good side get two pairs of Celebrity Frames for 89. 95 for a limited time at americas best. Book an exam today. Okay everyone, our mission is complete balanced nutrition. Together we provide nutrients to support immune, muscle, bone, and heart health. Yaaay woo hoo ensure wit25 vitamins and minerals and ensure cplete with 30 grams of proin. So many people are overweight now and asking themselves, why cant i lose weight . 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If i can do that, i would have done well. Thats why were here. To help make it happen. The memo and the alleged elections scheme. The New York Times has obtained this previously secret memorandum that could be central to the prosecutors case against donald trump. Its a key piece of evidence that is talked about in the indictment, and it describes the alleged conspiracy to appoint fake electors after the 2020 election. The document, which has not previously ever been seen, explains and goes into detail how this could swing the election, the actions they would take in this memo and if not that, at least muck things up and buy the trump team more time. The memo was written by lawyer kenneth chesebro. Hes listed as coconspirator number five in the Election Interference Indictment and remember that none of the coconspirators named in the indictment have been charged. Cnns Jessica Schneider is following this. It is very interesting what is coming out in this memo and walk us through what you see. Yeah. Its interesting. Its revealing and of course, it is known to prosecutors and will leakly likely be a key part of the case. Kenneth chesebro, this is his memo, he knew it was far fetched and likely illegal and he kept pushing his plan and he wanted to create confusion in hopes that the fake electors could, in fact, be substituted for the real electors on january 6th. This was a plot he planned to execute through the Vice President mike pence and mike pences role as president of the senate and that way he believed trumps team could then steal the election. This is a sixpage memo where Chesebro Lays out the Court Challenges that were happening in the states and then walked about the Supreme Court potentially getting involved, putting it this way, saying even if in the end the Supreme Court would end up rulg that the power to count the votes does not lie with the president of the senate, but instead lies with congress, letting matters play out this way would guarantee that public attention would be riveted on the evidence of electoral abuses by the democrats and would also buy the Trump Campaign more time to win litigation that would deprive biden of electoral votes and or add to trumps column. Recognize what i suggest is a bold, controversial strategy. Now this bold strategy does seem to be at the heart of this indictment against the former president. This memo will play a key part in the case and kate, it is a case that is moving forward at a fast clip. We got word last night that there will be that hearing on friday morning about prosecutors plan to restrict which evidence trump and his team can get and share once prosecutors have handed it over. Were seeing a very active judge in this case with Tanya Chutkan who has taken control of the case and that is friday, just about two days from now. Kate . Jessica, thank you. Joining us is cnn mpolitical analyst, and cnn legal analyst, elliott williams. Lets talk through this memo. They see this memo as showing that this wasnt just ideas and advice, if you will. That this was a criminal scheme. Thats why it was included in this indictment. Where do you see it crossing the line. What do you see here . The acknowledgement as jessica noted, this is a bold, controversial strategy which is, itself a recognition that they certainly know theyre testing the bounds of the law, if not stepping over it, and look, thats going to be for a jury to sort out. The line that struck me in particular and they use it a few times in the memo is sort of toward the end where he says there should be messaging that presents this as a routine measure. Its this idea that they wanted to make clear to the public that whatever they were doing was the natural order of business and that itself, i think, could come in as evidence sort of how exactly how controversial it was, that they needed to present to the public how routine it was or at least that they thought it was routine and theres a lot in there and its not great evidence for ken chesebro as it comes out. I want to ask you about this, elliott, before g you in, lori. There are parts where chesebro sa im not necessarily advising this course of action. In another spot he writes i recognize that what i suggest is ld strategy, as you said, and that there are many reasons why it might not end up being executed on january 6th. I dont know if you see it as caveats or doubt or what does this do . Oh, absolutely caveats and this is why i was careful to say a jury will have to sort this out and an essential part of the trump teams defense is that we were just batting ideas around and this was just sound, legal advice as any responsible lawyer would do Presenting Ideas to the client and so thats how theyre going to frame it. Its an open question that will have to be sorted out at court, but thats how he sort of steps away from it saying, look, im putting it out there and this is what lawyers do and this is what happens. Laura, we know one question as Jeff Schneider was pointing out and one case that a judge will be deciding on likely this friday is how much evidence can be discussed . What boundaries there will be around Public Disclosure of evidence ahead of a trial. Donald trump Last Night InNew Hampshire he went after prosecutors. He went after his legal troubles and let me play a little bit of this for you. We won the election by a lot, and then they have this crap going on. Trump didnt really believe he won the election. Let me tell you, thats one thing, ill tell you, was there never a second of any day they didnt believe that that election was rigged. I considered a great, great, great badge of honor. I do. I do because im being indicted for you. I am being indicted for you. I wanted to make sure we played that last bit because that seems to be kind of the new mantra when he is talking about his legal troubles, right, laura . What do you think this does . That is certainly what the former president is running on in his bid for a second shot at the white house. He has repeated over and over again that if they are going after him that this means that they can go after his supporters and it doesnt quite make sense, of course, because his supporters werent carrying out a fake electors scheme and just on this fake electors scheme in particular that was the most Stra St Sprawling on the former president s efforts to overturn the 2020 Election Results and involved lawmakers across different states and it involved dozens of these people who decided that they were willing to be fake electors, but right now, the former president is still really strong in the primary. So the result of this indictment as well as the prior two is that the base is rallying around him. Hes leading ron desantis by more than 30 points. Hes leading the rest of the field by more than 30 points and so this is something that he is just continuing to make his entire campaign about. And laura, it continues now, but this sticks out in terms of the public view and kind of the approach that may have been attempted ahead of january 6th, after the 2020 election. This piece of the memo that said letting this that by putting this out there and by doing this, it guarantees that public attention will be riveted on the evidence. Just kind of the the pr attempt, if nothing else, short of it actually working that they thought that was to the advantage of donald trump. You see a lot of echoes of that now. You do, although i dont think that trumps die hard supporters are actually going to be peeling through this indictment or the potential evidence or the evidence that is in this indictment and that his supporters ultimately end up believing anything that he says be it lies and bee see it already right now heading into fullon 2024 cycle that hes trying to cast doubt about the 2024 election and that hes trying to say that its all stacked and all rigged against him. The easteirony of this, kate, i October Of 2020 when trump was president he actually called on his doj to indict joe biden, and now we see that hes claiming Election Interference when he was very well trying to interfere in the leadup to around the november election and then even after the november election in 2020. Lets see what happens next. Its great to see you both, thank you so much. John . So new concern over the floating barriers put up to keep migrants out of texas. To ca rvaa answer a few questions and our Techno Wizardry calclculates your cars value and gives you a real offer i in seconds well come to you pay you on the spot then pick up your car thats it at carvana you founded your Kayak Company because you love the ocean not spreadsheets. You need to hire. I need indeed. Indeed you do. Indeed insnt match instantly delivers quality candidates matching yr job description. Visit indeed. Com hire subways slicing their turkey fresh like on the titan turkey. Piled high with double the cheese and more meat. I proffer freshly sliced turkey. Its my favorite mouth guard flavor. Mmmm. Now available at subway. The sub, not the mouth guard. David im david goldberg, a bilingual Elementary School teacher and president of the california teachers association. As we start a new school year, theres something new happening in californias public schools. Jessie theyre called Community Schools. David where parents and families, students and educators are Making Decisions as one. Damien its a real sense of community. Leslie we saw doubledigit gains in math, in english, and reading scores. David its an innovation thats transforming our public schools. Narrator californias Community Schools reimagining public education. Happening, mexicos top diplomat will meet with Antony Blinken to discuss the southern border and much of it has to do with the buoys on the Rio Grande River to deter migrants from swimming across. Mexico upons them removed. Texas maintains it has the authority to install the buoys even with legal challenges from the u. S. Justice department. Joaquin castro of texas led a delegation to eagle pass where they got a look at those buoys and he joins us now. Thank you very much for being with us. So describe what you saw. Well, the buoys themselves which are barrel traps are death traps. A dead body was stuck to them just last week and the governor has ordered that this razor wire be placed along the banks of the rio grande and you have people that are getting caught up in that razor wire and the Texas National guard is under orders by the governor and his administration not to help anybody out, eaven families wit Young Children who are coming to present for asylum and these are a death trap and also, john, the Whole Operation Lone Star that greg abbot started two years ago has been a disaster, a nightmare for the people of texas. Its been a human rights and civil rights violation and its been full of human rights and civil Rights Violations and its straining our relationship with mexico, our largest Trading Partner as you just mentioned. You are calling these buoys a death trap and yes, there were bodies that were floating down and were caught in those buoys. What do you think the Biden Administration should do to get them removed . And is the administration doing enough . Well, the justice department, i believe, as you mentioned filed a lawsuit to basically stop greg abbot from doing what hes doing. So i think thats good, but also because of the very deep human rights and civil Rights Violations, i think the department of Homeland Security should suspend cooperation or coordination with the State Of Texas Through Operation Lone Star until all of these legal issues and civil rights issues can be sorted out. Right now greg abbot has gone rogue. Hes using tactics that you might come to see from north korea, and thats not something, i think, that the federal government, that the United States government should be part of. There is a taint to the whole thing of operation lone star right now. Should the u. S. Government be it from customs and Border Protection go and remove those buoys . I think the federal government has the right to do that. Look, itthe governor of texas doesnt have authority over a body of water than the ocean, and greg abbot realizes he doesnt have authority, but since donald trump came on to the scene, the republicans have made the border and immigrants the number one bogeyman issue and thats how they rile up the primary base. Instead of solving issues with health care, education, Economic Development and so forth they go back to the same thing over and over. Thats what you see Greg Abbot Doing now. Let me ask you this, congressman, what kind of barrier, if any, would you support at the border . Well, you look at what we have now, we have three or four times the number of Border Patrol agents that we have years ago. We have drones all over the border. Antitunnel technology, and we had a meeting yesterday with cbp, customs and Border Protection, where theyre using artificial intelenligence, ai, the boarder and more resources now at the border than any time in history. Congressman castro, we look forward to talking to you again. Kate . Up next, an american nurse and her daughter are now free after they had been kidnapped for two weeks in haiti. What we are learning now about their release and also how theyre doing. Thats next. Tourists tourists that turn into scientists. Tourist taking photos that are analyzed by ai. So researchers can help life underwater flourish. Most important kitchen tool . My brain. So i choose neuriva plus. Unlike some others, neuriva plus is a multitasker supporting 6 key indicators of brain health. To help keep me sharp. Neuriva think bigger. The Model Train Set is entrusted to todd. Mr. Marbles will receive recurring deliveries for all of his needs in perpetuity, thanks to autoship from chewy. I always loved that old man. Whats it say about the summer house . Yeah, the beach house the Summer Residence goes to mr. Marbles. mr. Marbles chuckles plot twist im sorry, what . Doesnt make logistical sense. Unbelievable. Pets arent just pets. Theyre more. You got a train set, todd. [announcer] save more on what they love and never run out with autoship from chewy. Gives you access to every game. But terry doesnt have directv. Come on. Work for dad here. Now, you can find the game easy. My barbecue is saved get in the redzone with sports pack. Call 1800directv my barbecue is ruined. This just in to cnn. We are getting some distressing news about democratic senator Dianne Feinstein. We are just now learning that the senator from california that she was hospitalized after falling in her home yesterday. Now a spokesperson to the senator tells cnn she was taken to the hospital as a precaution after the fall and that all of her scans were clear and that she was able to return home the same day. Still, senator Dianne Feinstein is 90 years old. She is the oldest member currently serving in the u. S. Senate and youll recall that she has faced a pretty steady stream of questions about her health recently with members of her own party saying that it may be time for her and resign after her extended absence earlier this year as she was dealing with shingles. Well have more of an update as it comes in about the senator and how shes doing. John . Watching that closely. New this morning the nour nurse and her daughter who were kidnapped in haiti have been released. They were taken from their aid campus near portauprince. Rafael is here with the details. What are you hearing . John, this development happening in the last hour. We learned of their release of raw haiti, the American Organization that the nurse works for released a statement. As you remember, the wife of a raw haiti director Sandro Dorsainvil were abducted while serving on the campus near the capital city portauprince. In a Statement Released a while ag it is with a heart of gratitude and immense joy that we at raw haiti confirm the release of Alix Dorsainvil and her daughter. We are praising god for answered prayer, the statement said. John, the organization asks that no one contact dorsainvil or her family. There is still much to process, they said and to heal from in this situation. The same day, john, they were kidnapped. The u. S. State department ordered the departure of nonemergency government personnel from haiti as the Security Situation in the country deteriorates as we have previously reported, haitis capital, portauprince and surrounding areas have been gripped by yearslong kidnapping for profit with hundreds of haitians targeted by those seeking ransom payments. A late july advisory by the u. S. State Department Given the recent armed clashes, people were asked to leave u. S. Citizens were asked to leave the country immediately, but the good news today, the nurse and her child are now free, john, back to you. They are out. We will wait for an update on how theyre doing. Ra rafael romo, thank you. Coming up for us, the River Front Brawl has led to three men faces charges and why the police chief says why more people could be charged. Well be back. camera shutter dont cha wish your phone was fun like this . Dont cha wish your phone was fun likeke this . Dont chaha wish your phone was fun like this . 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This morning Alabama Police say more charges could be coming after the river front in montgomery. Three men have been charged with assault. Cocaptain Damian Pickett spent 35 minutes peacefully trying to get a pontoon boat to move so people onboard could dock. Thats when it unraveled. One of them facing charges is identified with Richard Roberts charged with three counts of thirddegree assault. With us now is cnn legal analyst and criminal defense attorney joey jackson. Counsel, theres a lot of video here. Yes. What will decide this case . I think you just mentioned it, john. I think the video, of course is determinative, your eyes cant lie and as a result of that you will examine, prosecutors are what they see and as a result of what they see they will see if it rises to criminality and they were three charges so far against the three looking for one other and those charges at this point are assault in the third degree and it means intent to cause physical injury to another person. Its not first or Second Degree and the distinction being serious physical injury, if it was first degree it would involve a weapon. Theyre assessing, investigators and they have these three and well see what others get embroiled in this and are charged appropriate to what their behavior was. The police chief says they looked into hate crimes or charges related to inciting a riot, but said that the evidence doesnt meet the criteria. Whats the criteria hes talking about here . Simply because they have not done it to this point, it doesnt rule out the fact that they could moving forward. Lets take about what hate crimes are. A hate crime is you establish a motivation was based on the perception of race or the clear indication of race, right . Were you motivated to act in an you unlawful way such that you caused injury and it was based upon race here. Thats what theyll assess and see what comes up in terms of witnesses, statements and what other evidence may point to that. When you locate the incitement of a riot, now what youre talking about is commanding, encouraging other people to engage in tumultuous and violent behavior that would affect Public Safety and so thats what theyre also going to examine, remember, these are initial charges and other people can be charged and the ones that will be charged can be charged with a dribble charges, as they learn, police and prosecutors more about what happened . What do you think the likely defense will be . I think its tough because what ends up happening is that john, you mentioned it at the outset there is a video and the video is a clear depiction of activity. What were you doing . Whenever youre talking about assault the natural defense is selfdefense, but in order to establish selfdefense you have to establish a few things, number one, that you were in immediate fear of safety yourself. Number two, that your actions and response to that were proportionate to what a threat posed and that you acted reasonably, if you can make the defense whether it be successful as predicated upon what the facts show. Every case turns on its facts. Joey jackson, a pleasure. Thank you. Coming up for us, a dangerous situation is unfolding right now in hawaii. Wildfires burning Out Of Control in maui and also in the big island being fueled by high winds. The reports of people jumping into the ocean to escape the flames and smoke. Well have an update. Well be right back. [mo] if youre thinkining about going back to school, this is for you. I ended uppending less money my entire time at snhu than i did in just one yr at my other university. [juan] my time at snhu has given me more confidence now i can go for thapromotion. If youre ready to go back to school. You can do it. Southern New Hampshire university has changed my life. And it can change yours too. [announcer] visit snhu. Edu. Ma ma ma ma [clears throut] for fast sore throat relief, try Vicks Vapocool drops with two times more menthol per drop , and the powerful rush of vicks vapors for fastacting relief you can feel. Vicks vapocool drops. Fast relief you can feel. Will you pause it real quick . mumbles just sold the car to carvana. What . All i had to do was answer a couple questions and got a real offer in seconds. Then, they just picked up the car and paid me right on the spot. Sell your car at carvana dot com today. The coconspirator and the election scheme memo. The evidence in the hands of prosecutors that we are now seeing for the first time detailing how fake electors they thought could swing the election. What those details now mean for the case against donald trump. Hurricanecharged winds sweeping flames through neighborhoods, people jumping into the water to stay alive, and moments ago, officials told us the fires, they are not at all under control. And a cnn exclusive look at the ukrainian troops tasked with bringing home the dead from the front of lines and bringing closure to grieving families. Im kate bolduan with john berman. This is cnn news central