i'm max foster. bianca is on assignment. just ahead -- >> donald trump now faces federal criminal charges for trying to hold on to the presidency in 2020. >> this is politics. this indictment is pure politics. >> mr. smith and his team followed the facts and the law wherever they lead. suspected gilgo beach serial killer rex heuermann facing a courtroom. >> we have a great deal of information, evidence, photographs, reports. ukraine is using drones to strike russian targets inside russia. >> probably would be a bad move. live from london, this is "cnn newsroom" with max foster and bianca nobilo. it is wednesday, august 2, 9:00 a.m. in london, 4:00 a.m. in washington where preparations are under way for an expected court appearance by donald trump on thursday after thrm court appearance by donald trump on thursday after the former president was indicted on criminal charges for efforts to overturn the 2020 election. this is the third time he's faced criminal charges. in this case prosecutors allege that he knowingly spread prolific lies of fraud. trump faces four counts including conspiracy to defraud the united states. six unindicted co-conspirators were also included in the guy i filing. jack smith says the lies fueled the attack on the capitol and his investigation will continue as he spoke out publicly following the indictment. in this case, my office will seek a speedy trial so that our evidence can be tested in court and judged by a jury of citizens. >> an turn for trump told kaitlan collins he thinks the possible trial could last months or even a year and claim this is an effort to criminalize free sp speech. >> donald trump had every right to advocate for his position. while he was president, he saw irregularities in the election process. he was being told under oath by people around the country that there were problems with the election. he also saw in real time the rules were changing without the state legislatures weighing in. and ultimately he has every right and in fact a responsibility as united states president to raise those issues. and now his advocacy is being criminalized. >> merrick garland is also reacting saying that the special counsel has, quote, followed the facts. >> in november i appointed jack smith to take on the ongoing investigation. in order to underline the department's commitment of accountability and independence. mr. smith and his team, experienced, principled, career agents and prosecutors have followed the facts and the law wherever they lead. >> paula r50ed has more from washington. >> reporter: this is the third criminal indictment that former president trump has faced this year. in this indictment jack smith alleges that former president trump after he lost the 2020 election, that he pursued a series of actions to try to unlawful overturn the results of the election. the special counsel acknowledges that he is within his rights to pursue litigation and cause for audits, but instead he pured an unlawful series of actions that resulted in this criminal indictment. among them they say that he and his associates tried to install slates of fake electors to overturn the results in seven states. and they also allege that the former president and his associates applied pressure on officials within specific states that the former president lost trying to get them to investigate or over turn the election results in their states. and they also allege that the former president tried to use the justice department with the help of a justice department official who is named as a co-conspirator to try to apply pressure specifically on the state of georgia. and it is widely reported that he pressed mike pence not to certify the results of the election for now president biden. this all culminated in the violence that we saw on january 6. prosecutors allege these lies helped propel the sense of does his trust in the government and in the outcome which in part resulted in the violence we saw in january 6. but the indictment lays out how then president trump did not do anything to try to quell the violence and in fact he and his associates doubled down in their efforts to try to overturn the results of the election. the former president is expected to make his initial court appearance on thursday. unclear if he will be in person or via zoom. and the investigation continues. the special counsel confirmed that on tuesday. and we know from our own reporting that they will continue to interview witnesses including one next monday. paula reid, cnn, washington. joining me now a thomas gift, political professor in london. it is easy to get lost with all of these cases. but the language of this particular indictment is so profound, talking about prolific lies and conspiracy to defraud the united states. >> thanks for having me. you're right, i think that this is the blockbuster indictment trump critics have waited for. not because it will be easy to prove, i don't think that it will be, but just because of the weight and scale of the charges. it goes to the worst thing trump did in office, the effort to shatter american democracy, the peaceful transfer of power. and it is easy to get desensitized to trump's behavior. innocent until proven guilty. and this will be an adversarial process in court. but basically it says that he has every right to spread mistruth, but once that digresses into a conspiracy, and one aimed at impeding the certification of ballot, then it becomes criminal and especially so because it was all crpredicad on fraud and deceit. >> and this is more about the procedural steps that donald trump took. so explain why that might be the strategy of the prosecution. >> i think you're right. to me what is noticeable is what is in this indictment and what is not in the indictment. what is there is this focus on the procedural steps trump took to overturn the 2020 election. what is not there or in the background is trump's actual role in whipping up the mob at the u.s. capitol. and i think that this was a strategic choice by jack smith. he wanted to keep the attention on the fact that he is actually thought were provable, maintaining a sort of surgical precision in that way and not get lost in the dicey maze that consumed i think much of trump's second impeachment trial. the kinds of conduct that he thinks he can prove, they are a lot different than trump's critics generally would use to make a political argument about malfeasance or abuse of power. >> and you explain how difficult this is going to be in terms of a case for the prosecution. because effectively what they are trying to prove is what is trump's mindset was and that is hard to prove with evidence. >> absolutely. for the prosecution, that will be key. because trump's legal team will frame their defense essentially by saying that there was lack of reckless intent to commit the crime. tru trump was just voicing his opinion without any clear malice. i think the problem for trump is that there is just so much evidence indicating that he was repeatedly told that there was no widespread election rigs, that he was informed it by high ranking members of his own administration and inner circle including bill barr and yet he continued to make false statements. so what is most striking about the indictment to me is just the relent lasless focus it places this one point, establishing that trump has been acting out of bad faith and not just ignorance. subjective point, but one that prosecutors will need to demonstrate if they want to secure a conviction. >> we'll keep following it. thomas gift, thank you so much. rex heuermann, the man charged with the murder of three gilgo beach victims appeared in a new york state court on tuesday. prosecutors handed over evidence that they have been collecting days after finishing a search of the suspect's home. but for now the judge is keeping it under lock and key. jean casarez reports. >> reporter: rex heuermann facing a suffolk county courtroom in handcuffs and a gray suit jacket. his first court appearance since his arrest. the prosecution handed over a large amount of discovery to heuermann's lawyers including photographs, reports and other evidence. >> you are talking about 13 years worth of investigation. >> reporter: the d.a. also saying that he does not believe any of the evidence handed over tuesday was taken from the 12 day search of his massapequa park house. >> it is a massive amount of material and it is continuing because the investigation is continuing. >> reporter: the hearing less than 24 hours after his wife asa ellerup gave an interview saying her home was completely torn up by investigators. her attorney releasing these photos showing boxes some with yellow tape labeled evidence. another photo what appears a section of a bathtub had been removed. >> she came home to complete destruction of her family residence where she lived and raised the children. >> reporter: and ellerun also tal t the emotional toll saying my children cry themselves to sleep. they are not children, they are grown adults, but they are my children. >> they are trying to piece life back together. >> reporter: and her attorney saying ellerup had no idea about the allegations from her husband who she has filed a divorce from. >> she has not been questioned by police. >> reporter: and heuermann faces charges of deaths of at least three women. and their remains were found along the stretch of gilgo beach in 2010. the architect has pleaded not guilty. heuermann's attorney claiming his innocence outside the courthouse tuesday saying that there is no plea deal on the table. >> i doubt that any one of you for a moment have even contemplated the possibility that they have the wrong guy. so what we're going to do, we'll defend this case in a courtroom. >> reporter: family members were in court, they have waited a long time for this, the district attorney of suffolk county says that this is very personal for them, they are interested and engaged. the next court proceeding is set for september 27. jean casarez, cnn, riverhead, new york. ukraine's air force says it shot down 23 russian attack drones overnight. these are the explosions over the capital kyiv. air defenses did their work there. but ukrainian officials say russian drones hit their targets in the southern city of odesa and that damaged a critical port facility and including a grain elevator and storage facility. clare sebastian is following these developments for us. they are coming dangerously close to being near nato. >> yeah, this is what they are saying, this is not a seaport, this is a danube port. and seaports, it is not possible to export grain. and danube ports are becoming much more important. as you say, it is just across the river from romania. you can see and hear the attacks from a nato country. and so this makes for a relatively dangerous moment in the conflict, but it also now that it is not an isolated incident, it smacks of a very clear russian strategy to really essentially cut off ukraine's options when it comes to exporting grain. that is not only something as president zelenskyy pointed out will affect the global food supply. wheat futures are up again this morning. they had been down. but also ukraine's economy. and this is a country that 140s of their entire exports for ukraine. and so if you want to handicap their ability to fund their defense, this is one way to do it. >> only last week that russia was reassuring other countries that they will keep the grain supplies going. >> that is what president putin was saying, not to worry, russia is a bigger exporter and we'll step into the breach. also offering to provide it free of charge. that again points to the callousness of this. russia looking to make more money off its own exports because it will be able to sell while ukraine can't. and so all of that is part of the overall picture. >> clare, thank you. fitch has down graded the u.s. credit rating citing the country's growing debt and expected fiscal decline. this is despite an agreement to raise the debt ceiling and avoid a u.s. government default. janet yellen says she disagrees with the town grade which is arbitrary and based on outdated data she says. a credit downgrade in 2011 pushed stocks sharply lower. and general motors is recalling nearly 900 vehicles over air bag inflaters that could explode. the vehicles included are the 2013 models of the chevrolet sonic, volt and tracks. as well as the buick. and millions from takata are already under recall. take a cat ttakata air bags are blamed for some deaths. just ahead, planes filled with french and italian nationals have left niger as tensions escalate. we'll have the latest on that political crisis. plus parts of the u.s. are bracing for more record high temperatures while others face severe storms. and later, kamala harris and ron desantis are ramping up political attacks on each other over florida's 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(announcer) change your life at golo.com. that's golo.com. special flights carrying nationals are under way in niger. the former colonial power france sent two jumbo jets to the capital on tuesday and flew more than 350 french citizens out of country as well as people from ten other countries. both have now landed in the french capital. and an italian plane carrying 87 passengers landed in rome. the foreign ministry is not calling it an evacuation but rather a special flight for those wanting to leave. we have team coverage of the latest developments. stephanie busari is in lagos. but let's start with jim bi bittermann in paris. important thing is keeping people safe, but what does this say about what is happening in niger? >> reporter: i think that it is a little bit of tension that exists between the french and the ex-colony in nirgationer th created this evacuation. and this is uncertainty about what it will look like after the coup and french are urging that the old regime be reinsighted. 350 so far have made it out and two more flights are en route. among them you can , there was to be out but sorry to leave. here is what some had to say as they came off the plane. >> translator: unfortunate to leave niger in this situation. more like a hostage station. so that is it and we're glad to be back. >> translator: we haven't left the house. since it started, we haven't left the house. we've stayed inside until we were evacuated. >> reporter: so there was uncertainty about what the situation would bring and a good deal of relief to be back in france. and two more evacuation flights are expected today. so it looks like the french are on the way of meeting the goal which is to get all the french citizens who wanted to leave, about 600 of those, out within 24 hours. >> jim, thank you. stephanie, foreigners have the option but for people in niger, they have to stick it out and put up with the crisis. that's right. the reality is that people in niger will have to face the consequences of this military takeover. economic sanctions have already been imposed by the regional powers who have also threatened the use of force if president bazoum is not reinstated. and so tensions are escalating. niger is one of the poorest countries in the world. and some of the people who would have left would have been working on major projects to help the people of niger, development teams and also, you know, initiatives to make life easier, to cushion the blow. france and the u.s. who are key allies of the bazoum government have also threatened to cut aid to niger now that the military is in power. niger received some $2 billion in international aid. so in weeks to come, people of niger will feel the pinch of this sanction, of this takeover. >> and our thoughts are with them. thank you both very much. fresh off the hottest mont g up to be much cooler this week in much of the u.s. more than 50 million people remain under heat alerts. others face the threat of severe storms and flash flooding. chad myers has your forecast. >> summertime heat won't go away for the middle part of the country with excessive heat warnings here well above normal for many spots. in the shade 106 in dallas. in the sun, it will be warmer than that. back to 110 in phoenix later on today after breaking the record streak of 110 or higher at 31 days. broke that on monday. below average temperatures northern rockies and above average across the deep south. that has really been where all the heat has been and where all the records again will be broken. record high highs probably three or four dozen weekend. dallas at 106 degrees every day this week, but when you add in the humidity, it will feel like 110. so, yes, it even feels warmer with that mugginess. there goes the rain that has been cooling off the desert southwest a bit. which means warm air again for vegas, phoenix, flagstaff and the like. even southern california. but the rain does eventually make its way over the ridge and gets to st. louis. 31 days in a row, high temperatures 110 or greater, a new record for phoenix. not the kind of record that you want to break. and today we get to 110 and then back breaking a new record. broken so we have to start all over. let's not do that. temperatures all the way to 116 on your sunday. so well above normal. something else that will happen is all of the rainfall will come over the ridge, back down across parts of st. louis. and this is the area missouri, illinois, that could pick up significant number of storms in a row. we call that training. one storm leaves and another storm comes right in the same place. and that training can cause significant flash flooding. we see one storm for thursday, another friday, it will just keep going this the same places. places that are already soggy will see more in the way of thunderstorms the next day as well. and still ahead, donald trump huddling with advisers and plotting strategy in the nice of hof -- face of his latest criminal indictment. ah, these bills are crazy. she has nono idea she's sitting ona goldmine. well she doesn't know that if she owns a life insurance policy of $10000,000 or more she can sell all or part of itit to coventry for cash. evenen a term policy. evn a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. 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(man) no health questions. -physical exam? -don't need one. it's colonial penn guaranteed acceptance whole life insurance. if you're between the ages of 50 and 85, your acceptance is guaranteed in most states, even if you're not in the best health. options start at $9.95 a month, 35 cents a day. once insured, your rate will never increase. a lifetime rate lock guarantees it. keep in mind, this is lifetime protection. as long as you pay your premiums, it's yours to keep. call for more information and the simple form you need to apply today. there's no obligation, and you'll receive a free beneficiary planner just for calling. welcome back. i'm max foster. let me bring you up-to-date with our top stories. ukraine repels a russian attack over the city kyiv. but some drones destroyed key strzok in strzok -- infrastructure in odessa. and donald trump will be due in court in washington on thursday on obstruction charges. law enforcement officials in washington, d.c. area are already working with the federal partners to plan for donald trump's court appearance on thursday. he could appear by video link, but a source tells a cnn that he is looking forward to the spectacle of showing up in person. kristen holmes has more. >> reporter: former president trump was huddled with his close political advisers after the third indictment in the special counsel investigation into january 6. and i'm told that they spent the day talking about what their next plans were. not just politically, but also legally. and as we have reported on multiple occasions, this has really turned into one fight, a political becoming the legal, because as we know former president trump likes to fight things out in the court of public opinion. and i'm told by multiple sources that they really plan on painting it as election interference. while they have been doing that since the beginning of the investigations and really ramped it up after the first and second indictment, i have talked to a number of allies who have more confidence in the approach particularly after the last week given recent polling that shows trump leading all of his primary opponents particularly one portion of a recent "new york times" poll that shows him in a head to head contest with ron desantis beating him with a big margin. and i'm told by the sources that they believe that this gives them the leverage to say this is political because he is effectively or at least looks like he will effectively be the gop nominee going into 2024. of course all of this cannot also be the legal strategy here, that is something that they will be working on behind the scrscreenes. but they will look at what happens next and still determining what happens thursday. i'm told that it will be a show and they will make sure that there is media presence as always we know that trump's team likes to make sure that they control the media narrative. and a criminal defense attorney is joining me live from new york. thank you so much. you're the expert on how lawyers hack kell these situations away from the noise around it. if we could start with the prosecution. what do you think of the indictment and their chances of success? >> thank you for having me. the prosecutor in this case definitely laid out a very detailed information as to what evidence they have against donald trump and it seems to be strong evidence against donald trump. they definitely laid out all the conversations as well as everyone that is involved. as you can see, there are six co-conspirators named in the indictment, not by name, but involved in the conspiracy. and it will be interesting to know whether any of those six co-conspirators will be flipped and the prosecution can use them against donald trump. but the prosecution in my opinion has a strong case. >> in terms of a defense then, how can they push back on this? we were talking earlier to thomas gift saying that it is actually very difficult to prove intent, effectively the mindset of donald trump going into the events. >> normally it is very difficult to prove intent on the prosecution side, but in that indictment there is a statement that the prosecution is using against donald trump where he says i guess we'll just leave it for the other guys to handle. right now he is acknowledging that he did not win the election. and so that right there is a key piece of evidence. in terms of how the defense will handle this, they will do exactly what they have been doing with the last two prosecutions. and that is put it in the media. because if donald trump is able to win and become the next president, what is he going to do, he will probably either pardon himself or direct the attorney general and u.s. attorney to drop those prosecutions and that way he is free to go. and that is his strongest defense in these cases. >> what do you make of the fankts that he may or may not appear in court? >> oh, max, you know this is donald trump, he is made for the media. of course he's going to appear in person because it is a part of the show, it is a part of his fundraising and his defense. it is a part of him framing the narrative that everyone is out to get donald trump as opposed to focusing on the facts and what is on that 45 page indictment and what the prosecution has shown thus far and grand jury has voted in terms of an indictment. and again, this is the third time, this third indictment in less than four months of the former president. >> do you worry about the judicial system? because obviously donald trump's argument is that it is all part of the establishment out to get him and his supporters continue to be loyal, all of the latest surveys including the recent one in the "new york times" shows that he is so far ahead, he is not losing support. do you worry all of that might work against the judicial system and really test the judge in this case? >> in terms of the judge in this case, the judge was actually appointed by former president barack obama. in terms of whether the political pressures and outside pressures are going to put pressure on this judge, highly doubt it. however, i do see this judge expediting the matter in the sense that she won't let the case linger and hopefully there will be a trial before the november election. so while donald trump does have all the supporters, what is going to matter at the trial are the 12 jurors listening to the evidence and are evaluating the evidence and making the determination whether donald trump is guilty or not guilty. not the outside noise. >> all right. thank you. we'll be speaking to you more about this in the coming months. and u.s. vice president kamala harris dismissed an invitation from ron desantis to debate his state's new black history curriculum. harris has criticized the curriculum that states enslaved people learned some skills they later used to their benefit. the vice president calls it propaganda meant to replace history with lies. desantis is accusing harris of mischaracterizing the c curriculum. the vice president did not mince words in a speech tuesday. >> i'm here in florida. and i will tell you that there is no round table, no lecture, no invitation we will accept to debate an undeniable fact. there were no redeeming qualities of slavery. new jersey lieutenant governor sheila oliver who made history as the first black woman to hold statewide elected office in the garden state has died. monday governor murphy's office said she was receiving medical care and unable to serve as acting governor while she was on vacation. oliver had served as new jersey's lieutenant governor since january 2018. she was 71. bed bath & beyond is back from bankruptcy. overstock.com bought the store and relaunched it as a website. the company xi krooef is promising a bigger and better experience. popular coupons won't return, but they are offering new deals. and if you are disappointed by the amount of meat at taco bell, you are not alone. a new york man accuses it of false advertising. he says he was tempted to buy an ad for taco bell's mexican pizza but says that the chain overstated the amount of filling by at least double the amount. he says that also goes for crunch wrap supreme and other items. taco bell has not responded publicly. still to come, the death toll climbs in china from floods. and a new storm making its way through the pacific sflo. and hundreds of thousands are fleeing sudan but finding new challenges as the rainy season begins. beijing has recorded its heaviest rainfall. the typhoon left a path of destruction and death toll is still climbing. crews are working to save as many as they can from the floodwaters. anna coren is joining me with more. the damage from that video is so profound, isn't it, and it will only become clearer as the floodwaters pull back hopefully. >> yeah, that's right. and it is extraordinary. the destruction that the super typhoon has left inin its path. 21 people are now dead across china, that is 12 in beijing and another dozen still missing. the storm has dumped heaviest rainfall over the capital ever recorded in 140 years. heavy rain began pummelling the area last saturday with the average rainfall for the month falling on beijing in just 40 hours. as a result, there is severe flooding. it is washing away cars, damaging buildings, roads. many residents -- thousands had to be evacuated. and authorities say nine people were killed, six still missing. and state media reports that maximum rainfall was recorded in ten weather sessions in the province also breaking historical records. the good news is that rainfall is expected to seize today. we've heard from xi jinping saying that every effort must be made to rescue those lost or trapped by the rains. china as we know and we've been report now for weeks is posting record temperatures this summer which scientists believe is a direct result to climate change. and the bad news is that there is another typhoon making its way toward china, sixth storm this year. it is powerful and slow moving. and it is currently lash ing gent japan. but it has weakened slightly. it is the equivalent of a category 3 atlantic hurricane. so far one person has died. it has knocked out power and phone and internet connections have been disrupted. and the airport is closed for a second day. okinawa is home to a majority of u.s. forces in japan. and the typhoon is expected to move towards china and taiwan later this week. >> anna coren, thank you. and the norwegian refugee counselor suspending its humanitarian work. the aid group is moving its operations to other regions. many of the funls refugees in c face hunger and flooding. >> reporter: a storm at a refugee camp in chad, double trouble for the sudanese living here. victims of the latest refugee crisis in africa. fleeing fighting between the sudanese army and the rsf, the rapid support forces. with plastic bags for carpets, sticks for structure, and nylon for shelter, they stand no chance against the cold. >> since the previous rainfalls, some people don't even have a tarp to cover them from rain. today the situation is very difficult because there is too much wind. there is no food available. the conditions are extremely difficult. and even the tents have not been set up well. the water seeps into them. >> reporter: and children have it worse. >> translator: my son is sick with inflammation. since we fled, we've been sitting like this with water over our heads. >> reporter: branches another ground is what is left of this woman's refugee home, devastated and alone, she can't hold back the tears. >> translator: this is the new mill yags humiliation that we're experiencing. >> reporter: since conflict escalated in sudan, more than 2.6 million people have been displaced and more than 800,000 have fled the country. creating one of the fastest growing refugee crises in the world. zain asher, cnn, new york. and still ahead, the latest action in the world cup. (man) mm, hey, honey. looks like my to-do list grew. "paint the bathroom, give b baxter a bath, get life insurance," hm. i have a fewew minutes. i can do that now. oh, that fast? remember that colonial penn ad?? i called and i got information. they sent the simple form i need to apply. all i do is fill it out and send it back. well, that sounds too easy! (man) give a little information, check a few boxes, sign my name, done. they don't ask about your health? (man) no health questions. -physical exam? -don't need one. it's colonial penn guaranteed acceptance whole life insurance. if you're between the ages of 50 and 85, your acceptance is guaranteed in most states, even if you're not in the best health. options start at $9.95 a month, 35 cents a day. once insured, your rate will never increase. a lifetime rate lock guarantees it. keep in mind, this is lifetime protection. as long as you pay your premiums, it's yours to keep. call for more information and the simple form you need to apply today. there's no obligation, and you'll receive a free beneficiary planner just for calling. - [announcer] do you have an invention idea but don't know what to do next? call invent help today. they can help you get started with your idea. call now 800-710-0020. to the women's world cup. argentina are playing sweden. sweden has already clinched their place in the knockouts. arrgentina must win to have any chance of advancing. and south a africa and italy are tied 2-all as they square off for a place in the round of 16. brazil have to win against jamaica to stay alive. and france will face panama. the pga tour is adding the biggest name in golf to its policy board. tiger woods is joining the group after a number of players complained about a lack of transparency. woods calls it a critical point for the tour after announcing it partnership with liv golf in june. he says he wants to make any future changes are in the interests of fans, sponsors and players. justin thomas voiced his support. >> 00 pretty good amount of us were frustrated with how things took place. but wrerp e were put in a funky tough position. and so we want to have a say of what is going on. now to stories in the spotlight. lizzo is being sued by three of her former backup dancers, they claim it was a hostile work environment and the complaint names lizzo's production company and the dance captain. other claims include racial and religious discrimination, fear of retaliation and pressure to reveal personal details in order to keep their jobs. family of a black woman whose cells have been used for scientific research for decades has reached a settlement. the family filed the suit arguing that the company is knowingly profiting from her tissue sample and cell line. the tissues was taken without concept. and later used to create a human cell line which have been used to develop a polio vaccine, in-veto coni in-vitro inadvertentization. friday's jackpot will be an estimated $1.25 billion. that would make it the game's fourth largest ever and could grow even hire agher. last time anyone hit it was back in april. thanks for joining me. i'm max foster. 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