♪ more charges could be on the way, but for now, three white men have been charged with assault in the third degree for allegedly attacking a black boat co-captain in a fight that quickly morphed into an ugly riverside brawl in alabama this weekend. videos of the incident went viral. and it showed fighting broke down largely along racial lines. but last hour, police in montgomery said, none of the actions they have investigated so far have met the threshold for hate crime charges. here's cnn's ryan young who was at the press conference where we just learned a whole lot. and, ryan, i know that you have been speaking to officials there. you've been speaking to witnesses. what are they telling you? >> reporter: yeah, absolutely. after talking to mayor reed, it's pretty clear here everyone in the city was shocked. this is obviously a place a lot of people like to enjoy on the weekends. the video has obviously shocked the nation as it's gone viral. we do believe the suspects they're looking for are in selma, alabama, those arrests should happen soon. one person it in custody. they'll put out mug shots of everyone involves in this. more charges could be coming soon. of course, it was a man swinging a chair. detectives want to talk to them. and there were women involved in this police will be talking to them as well. the big question is whether it's racial charges and whether or not they have that. they do not believe at this point that it reached the threshold. look, as we were here, talking to people in the community, i know we did find someone on the boat, i know you like to call yourselves wildcat, bear with me on this, what was it like while on that boat going through that period of waiting? >> very disappointing, the river boat is a fun place. singing and entertaining on there for 12 years. and my deck was full of people. we kept asking them to move the boat. i even made up a song during those 30 or 45 minutes ♪ ooh ooh your boat ♪ you know, all they did they were shooting birds and shouting profanity. it's obvious all they wanted to do is cause a ruckus. >> to see that doing it the way he did, what was that like being on the boat and watching it go down. >> it's different on tv. but to come into montgomery, alabama, and do something like that, you know, everybody on that boat -- because we're family, i mean, 12 years, damon is the sweetest guy, the co-captain. he'll do anything for you. it's heart-wrenching. >> when you saw that young man jump in the water, what did that do to you? you could hear the people cheering him on to get to that shore to help david. >> anyone who is a good person, your fabric, what you're really made of, it does something to good people. it energized a righteous response. you know, it is unfortunate, but, it was real. it was happening right in front of us, there was no cause for at. >> obviously, the people in this community want something done. thank you so much for talking to me. >> all right. i think we're having some technical difficulties right there with ryan young in montgomery with the signal. but, ryan, thank you so much for that report. obviously, this is something that was heart-wrenching for people to witness there, as they did this weekend. jim. well, just moments ago, donald trump spoke to supporters in new hampshire, referencing his ongoing legal problems. >> they indicted your president, your former president, who is very popular. 75 million people. so, now, they ripped off the top. they took the gloves off. and we can say whatever we want. >> well, as trump continues to make his case to voters, his lawyers are trying to make their own case to the judge, after his indictment, alleging he tried to overturn the 2020 election. the trump team in a dispute over exactly which evidence can be discussed, shared publicly, that dispute between the prosecutor, special counsel jack smith and trump's defense lawyer, smith is seeking a protective order to keep trump from revealing evidence to the public before the trial. barring trump from getting copies of evidence deemed sensitive, and from taking down any personal details from such material. trump's lawyers say that order is too broad. limits the former president's first amendment rights. the two sides had in just five minutes ago to suggest times for the judge tanya chutkan who hold a decision on that. she plans to have a hearing this week. joining me is katelyn polantz, the grand jury convened for the day and have now left for the day. i presume that means no additional indictments today. >> not so far, but they're back. the last time we saw them, they were returning that indictment against donald trump, the special counsel from the prosecutor's office. and this morning, colleagues saw prosecutors from the special counsel's office and the grand jury reconvening today. now, grand juries can't continue to investigate a case that has been charged. but they can continue to investigate other things. and that's very likely -- >> other things related? >> related, potentially, other cases. but also, they can continue to investigate the case that is charged, other aspects to it. and so, we don't know what they're looking at. it's going to be confidential in they would return an indictment in the future. but it is notable that the grand jury is back. still active, coming the day after rudy giuliani's close associate bernie kerik was at the special counsel, talking to them about the giuliani team in 2020 election. >> based on the folks you spoke to, does that additional witness coming in after the indictment from special counsel, indicate that the special counsel is potentially gathering evidence, not enough for a crime, but gathering evidence to pursue that? >> it clearly does indicate they are still gathering evidence. bernie kerik is a western, who even in civil lawsuit it's related to the 2020 election, had not turned over everything, all documents. so there clearly is some stones that the special counsel is wanting to overturn both with him. and also we know another lawyer, or another person who will may be going in at another time at the special counsel's office. so there's stuff to do, even smith and his lawyers have been out there. he hasn't been, neither has giuliani. >> and of course, bernie kerik was highly involved in what turned out to be fraudulent, unfounded evidence of election fraud. katelyn polantz, thank you so much, as always. brianna. let's discuss this with michael moore and u.s. attorney for the middle district of georgia and currently a partner at the moore-hall law firm, michael, first, what do you mean of the grand jury continuing to meet, continuing what does this mean? do you think we'll see unindictmented co-conspirators possibly indicted? >> you took the words out of my mouth, i think that's the scenario that we'll be seeing, we know that special counsel likes to come back and add co-conspirators, we saw that in the documents cases right? it may be that he was unable to bend the new defendants to testify in his behalf, the government's behalf, so he ended up indicting them. i guess to this point, hearing information about unnamed co-conspirators listed out in the most recent indictment. they're saying, look, we've got a grand jury here, you can either come in and talk to us what happened or you can find yourself on the wrong side of the versus mark. it's pressuring people to come forward but it's a pretty big ax to have over somebody's ahead to figure out whether or not they want to cooperate and testify against the former president. >> and chris christie said on cnn last night not only does they think mark meadows, the former chief of staff, that he's flipped, but he could be one of the more devastating witnesses for the special counsel. i want to listen to chris christie here. >> it would be the worst testimony outside of the family members because mark meadows was with him constantly. >> involved in all of it, in georgia, the electors? >> he was a very involved chief staff, in my experience. he made sure he was in every meeting and every conversation. and we remember there are hundreds-text messages. that he turned over to the special counsel that he kept. >> stephanie, what do you think about that? >> you know, i really home that's true. there's no love lost between mark meadows, and that's something i've talked about publicly for quite a while now. but i think that, you know, everybody has a chance to do the right thing and be on the right side of history. so i believe that, you know, chris christie is correct that mark meadows was always there always knew what was going on and that's definitely my experience with him. i hope that's the case, i really do. that talk quickly about the sound bite you played at the top of the segment talking about we can say whatever we want to eye were the case coming up, the special counsel case for j. 6, i think he wants to derail the case and he wants to know what's going on with the case with the grand jury so he can derail this case. >> and tell me a little bit more about that. why do you think he wants to do that? >> well, again, it's donald trump. and he doubles down on everything. and if somebody tells him no, then he's immediately going to do the opposite. and the fact that the special counsel filed something saying, hey, we don't want to give a lot of this evidence because that could derail our case, we don't want to make a lot of things public. i can almost guarantee you if the judge rules in trump's favor, he will absolutely put things out there in an attempt to derail the case. that makes it draw out longer, give him more time to potentially win the election and then, you know, drop all of the charges against himself. >> i think the judge is going to have to be very prepared with whatever restrictions they set up, that donald trump could go ahead and still roll right over those. that's very much a possibility. secondly, michael, turning to the fulton county investigation, you have the former governor of georgia, geoff duncan, just agreed to testify. what does that say about another potential indictment that even trump's corner thinks is coming? >> well, i think it's probably likely we'll see an indictment next week. there's a judge that scheduled the hearing between the district attorney's office and trump team. and that hearing was to be held this week. we will see something. and they can't investigate unless there are actually charges laid in front of them from the grand jury to consider. so, it tells me she may be using belts and suspenders to titan up the indictment a little bit, and maybe fill in some places she felt about, after watching extensive interview that's former lieutenant governor gave or look at the most recent indictment by special counsel. i think she's cleaning that up a little bit so it's ready to go. the process of presenting an indictment could be presented in a day or two by a summary witness. it's would no way mirror the eight-month time delay that we saw. so the fact that she told the chief judge and sheriff's office and law enforcement partners to be ready for a specific period of time, i think she'll tspeak that. my guess is we'll probably see an indictment sometime next week. >> stephanie, we listen to chris christie talking about all of mark meadows' texts, the georgia secretary of state has a recording talking to trump. the former vice president took notes about his conversations with trump. you know, was there a culture, or what does that tell you about what folks were doing in the white house and this need for them some of to document what was happening? >> well, i think the phone call with regard to georgia is fascinating. the taking of the notes with mark meadows, with vice president pence, i think that's pretty normal, we would be in meetings all the time. i took notes all the time. a lot of times it was to be able to keep track of what he said if he changed his mind, we could go back and say, no, sir, he did say it. this is what you said. so that part i don't think is intentional or in the future we'll be in that situation. i do think the phone call with georgia is fascinating and quite damning as well. >> those, we all know, a contemporaneous memo can get someone in trouble for sure. stephanie grisham, michael moore, great to have you, thank you so much. jim. ahead this hour on "cnn news central" a sobering assessment on ukraine's countering forces what sources are telling me about their doubts about ukraine's capabilities. and two years after his public downfall, "the new york times" uncovered evidence of the role that andrew cuomo's sister played in allegedly smearing some of his female accusers. plus, we'll have an update on the latest planned mission to the moon. what nasa just revealed. with 2s by wyndham t to choose from, your wyndham is waiting. get the lowest price at wyndhamhotels.com what do we always say, s son? 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>> reporter: yes, it's a chilling russian tactic, it's fair to say, it's hard to imagine the strikes would be exactly in the same place, 40-meter gap between them without some motive. a residential area hit first, 30, 40-minute pause, first responders russian in and then they're hit by a second missile fired. we understand the damage around this particular area hit a totally too. which officials say were in occupied windows, 2,000 of them were shattered, and dozens of first responders and locals hit by the second blast. it's called a double tap because it causes as much damage as possible. it takes after the military tactic of shooting twice at an individual to cause the most trauma as you can in their body. we've seen russia repeat this. just another tactic to cause damage to civilians as they can, brianna. >> devastating, nick paton walsh for that report. supreme allied commander wesley clark joining us now. general, thanks so much for taking the time. >> thank you. you've heard the sobering arrests, you and i have spoken about the status as well. tell us your view, do you look and see and have similar concerns? >> well, i do have concerns because i think the administration has deliberately slow-rolled the deployment of advanced equipment in the ukraine. i think they've given the russians more time to prepare. and the ukrainians really don't have what they need. we taught them to fight, but we taught them to fight like nato fights. they don't have air have superiority, it's a russian defense, it's three belts, right now the ukrainians are at the security zone, and they're up against the security zone but they haven't really penetrated it to come to the main defensive area. so doctrinely it would be tufrl defense in the main defensive area. the whole idea to force the enemy out of position to maneuver so your air power when he's on the move. ukrainians won't have that kind of air power. i don't know exactly what military advisers and military leadership was thinking. somehow, we got inflated expectations. ukrainians have to fight this all the way. they're going to go stem by step, they're going to use their artillery the best they can, use that artillery to get through the defensive belts. it's go to be slow. they're going to have to clear the mine fields by hand. they're improvising their own equipment, but don't give up on them. they're determined to get their sea own back. >> i have here, disagreement, if you want to call it, difference in style, in fighting, a more soviet style as opposed to a more western style of advancing but there is this question of, if and when they can breach the first line of defense, whether russian defenses beyond that will be more brittle. and do you see any evidence of that? if they can break through the first, then they might have the ability to take further ground. >> well, they certainly might. and it depends in part, also, on the deep strikes. the taking out of the bridges, the rail networks and the ammunition stocks. so what you want to do is have the russians consume their forward stocks. not to replenish, let the russians consume the artillery, trying to defend the security zone, so when the ukrainians break through the security zone in the main battle area, the russians allow for that, the same ability to fight back. the ukrainians have to fight their own way. but this is not a soviet fight. soviet-style fight, jim. it's a tough infantry fight, it's improvising. >> i've heard that the ukrainians have the ability to adapt. they value initiative on the russian side. let me ask you about time, i've been told there's a concern when fall arrives, it's certainly different weather, different battlefield. and that's part of the time pressure here, that there is pressure to make ground before the fall. do you agree that that is a pressure point for ukrainian forces going forward? >> no i don't agree. i think it cuts both ways. as you look at that scene right there before you, you got unlimited visibility for russian air and attack helicopters. put some low clouds in there. some mist, some fog, that's in the advantage of the attacker in this case. so, i think the ukrainians are going to fight through no matter what the weather conditions are. and in some respects, the fall and winter may actually assist them. >> hmm, interesting. listen, we're going to continue to watch it. we know they'll continue to fight. general wesley clark, always good to have you on. >> thank you, jim. brianna. coming up, the disturbing remark allegedly made by a 6-year-old boy after he shot his first grade teacher. on the top of the pile! oh. only pay f for what you need. ♪ liberty. liberty.y. liberty. liberty. ♪ welcome to my digestive system. when your gut and vaginal bacteria are off balance. you may feel it. but just one align women's probiotic daily helps soothe digeste upsets. and support vaginal health. being middle class right now, it's tough making ends meet for sure. republicans in congress say if we just cut taxes even more for the biggest corporations the money will eventually someday trickle trickle down to you. right. joe biden would rather just stop those corporations from charging so damn much. capping the cost of drugs like insulin. cracking down on surprise medical bills and all those crazy junk fees. there's more work to do. tell the president to keep lowering costs for middle class families. i've struggled with generalized myasthenia gravis. but the picture started changing when i started on vyvgart. vyvgart is for adults with generalized myasthenia gravis who are anti-achr antibody positive. in a clinical trial, vyvgart significantly improved most participants' ability to do daily activities when added to their current gmg treatment. most participants taking vyvgart also had less muscle weakness. and your vyvgart treatment schedule is designed just for you. in a clinical study, the most common side effects included urinary and respiratory tract infections, and headache. vyvgart may increase the risk of infection. tell your doctor if you have a history of infections or symptoms of an infection. vyvgart can cause allergic reactions. available as vyvgart for iv infusion and now as vyvgart hytrulo for subcutaneous injection. additional side effects for vyvgart hytrulo may include injection site reactions. talk to your neurologist about vyvgart. you're watching football wrong! what do you call a guy in face paint that can't get the game? 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>> it seems more and more information we're getting on the story it gets more and more disturbing. this is unsealed search warrants from affiliate wtvr. the statements reveal statements the 6-year-old boy gave to a school employee who was vee straining him in the moments after he shot that teacher abby zwerner. he said, agency you said in the intro, quote, i shot that expletive dead. another quote, i did it. another quote from him, i got my mom's gun last night. a little more information we're getting on the moments right after the shooting according to the unsealed records. on abby zwerner's state to police later that day, she said when he pulled the gun out of his pocket in the classroom he said, quote, what are you doing with that? this young man was restrained by a school employee. a very brave school employee. abby zwerner ran out of the room, she ran into the room and restrained him in police gets to him. again, quote, i shot that expletive dead. i did it. i got my mom's gun last night. we reached the attorney for the money, james ellarson, he said, quote, the child had extreme mental issues and we're working to see if he improves every day. mr. ellarson told me on the phone that the child has been in therapy and there has been improvement showns. we've also got, brianna, response from the newport news school. some of the information from child protective services and others that they needed to get on this incident at newport schools was not really giving them. but new sport schools said sinc the tragedy, the school has worked closely with police. while they can't not the legal actions, they're working on the safety of all. the newport news document doesn't come out so much from this. but the boy seemingly showing no remorse. but again, we have to reiterate that the attorney for the mother said he's been in therapy and he's been improving. she'll be sentence to federal gun charges in october. >> jim. two years after his departure from office, "the new york times" is reporting on the role that andrew cuomo's sister allegedly played in smearing his female accusers. we'll have details. >> and new study shows wegovy does more than that for weighth loss. it could help with strokes. we'l'll have that straight ahea. that's why the new titan turkey is proferred by this football pro. and proferred by this football pro who actually uses her feet. and if we profer it, we know you'll prefer it too. i use my feet. have you seen me scramble? 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[ting] ♪ live in the moment. ask your doctor about otezla. the minute you drive off the lot. or more. that's why farmers new car replacement pays to replace it with a new one of the same make and model. get a whole lot of something with farmers policy perks. ♪ farmers mnemonic ♪ hi! need new glasses? buy one pair, get one free at visionworks! how can you see me squinting? i can't! i'm just telling everyone!...hey! buy one pair, get one free for back to school. visionworks. see the difference. ♪ this just in from the kennedy space center in florida. nasa has just provided an update on preparations for the artemis 2 moon mission. the mission will take a crew on a ten-day journey around the moon late next year, taking nasa one step closer to exploring the lunar surface in 2025 and most importantly eventually mars. today, we learned the artemis crew saw their spacecraft for the first time today. let's get to cnn's kristin fisher, she's just outside of the kennedy space center there. kristin, what are your takeaways from the updates? >> reporter: well, brianna, today was a big day for the artemis crew, since they were announced as a crew, they came to the kennedy space center for the first time and got to see their spacecraft they're going to fly to the moon likely in 2024, the orion spacecraft. it was inside a building not too far from here. we got to go see it. for a crew this is really the moment that makes things real when you finally get to see the spacecraft that you're going to fly. so that was a pretty neat moment. after that, nasa leadership held their first big update since the crew was announced four months ago. they're still on date for the 2020 launch date. the big question, brianna, what happens to artemis iii. that's the mission that nasa plans to put boots on the moon since the apollo launch. and that is largely in question because of spacex's starship which is supposed to land the astronauts on the moon. you remember a few months ago, we saw a launch attempt for spacex's starship essentially blow up after liftoff. jim fried said he was concerned that was going to push the launch date back to 2026 today at this press conference. he really reiterated the concerns, brianna, saying he's going to hold the contractors to a december 2025 date for the artemis mission. you know, he said he went down there a few weeks ago, he took a look at it he's starting to feel better but, brianna, that launch date for artemis iii is squishy. but the artemis ii crew two and that launch date much more firm, and that crew very excited after seeing their spacecraft for the first time. brianna. >> all right, let's hope that things solidify, because we want to see this all happen. kristin fisher live for from us florida. thank you. jim. he was one of the most nationally known governors in the country unless he was forced to resign after a series of allegations of harassment. now, a "the new york times" investigation has found that former governor andrew cuomo's sister was encouraging his loyalists to publicly shame and undermine his accusers, cnn's anchor and lead jake tapper, jake, it's based on part from text messages from madeleine cuomo, his sister, and a group who supported cuomo. >> for the first time, they reviewed a quote of 4,000 text messages and emails between madeline cuomo and this democratic activist group. you have in this trove, for instance, madeline cuomo, the former governor's younger sister saying good morning just spoke and he think a distraction could be helpful. she suggests photos of charlotte, that's charlotte bennett, one of the governor's accusers, bimbo photos, real zbik only, unsophisticated girls. it's that kind of encouragement that madeline cuomo gave to the activist all over the internet slamming the governor's accusers and acting as if they were this spontaneous, organic organization. >> i would imagine that the former governor responded. >> you are correct. a spokesman for andrew cuomo says, quote, the governor does not personally have nor does he follow social media accounts and was not directly or indirectly involved in these efforts saying he's not helback publicly, that's a spokesman for andrew cuomo. and madeline cuomo responded to the extent i invokedis name it was felt appreciated but not in my brother's direction or his knowledge. to be clear, i acted on my own with the people of wdny, that's the organization. and without my brother's involvement anyway. that, of course, is contradicted by the message in the probe. we're going to talk to debra katz, the attorney, about the shocking to "the new york times." with "the lead with jake tapper." could the popular weight loss drug wegovy are more benefits? 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um, it's called commitment. could you turn down the volume? here, you can try. get way more into what your into when you stream on the xfinity 10g network. so, the mayor of tampa, florida, made a big, expensive catch while fishing off the coast of the florida keys last month with her family. itasot a fish. the u.s. br patrol said the mayor jane castor spotted a package floating in the water and that is no-- >> that is a fish. >> that is a fish. the package they found contained something else. there you go. as it turned out, 70 pounds of cocaine, estimated street value $1.1 million. >> that is a lot. so the mayor said that she saved the exact location of the package on her watch as the family hauled it out of the water and then she contacted the sheriff's office to report the drugs. worth noting, that before castor became mayor, she was a 31-year veteran of the tampa police department. >> so might have been able to recognize that. i don't go fishing a lot, i'm from new york city. i've never seen that floating in the water. >> probably other things in the water. would watch to catch a 70 pound fish. i would be mad. i was a marlin or something. >> there was no reward. >> unfortunately, i don't think so. "the lead" with jake tapper starts right now. donald trump today predicting he will be stuck in court over some, quote, bullshit. his word, not mine.