response. and hurrican hilary is getting stronger. and timing is everything for team trump. his lawyers proposing new trial dates and negotiating when he will sur render in georgia . we begin with the maui official who defended the decision not to activate the warning sirens. he is now stepping down. he cited health reasons for his resignation. it comes with the death toll at 111 people and more than 1,000 still unaccounted for. randi kaye has more on the fallout. >> so many of the residents felt like we had no warning. >> reporter: hawaii has one of the largest public safety outdoor siren warning systems in the world. sirens that were silent as wildfires raged. the question is, why. first it was this -- >> it would not have saved those people on the mountain side. >> do you regret not sounding the sirens? >> i do not. sirens as i mentioned earlier is used primarily for tsunamis. >> reporter: that is what the head of maui's emergency management agency said wednesday. but even before that press conference ended, his reason had changed. this time suggesting that the sirens weren't used because people wouldn't have been able to hear the warning. >> it is an outdoor siren. so a lot of people indoors, air conditioning on, whatever the case may be, they won't hear the siren. plus the winds were very gusty and everything. i heard it was very loud. so they wouldn't have heard the sirens. >> reporter: same story with hawaii's governor. first this -- >> sirens typically used for tsunamis or hurricanes. to my knowledge, at least i never experienced them in use for fires. >> reporter: and then minutes later, another explanation, this time the governor suggested at least some of the sirens were broken. >> the sirens were essentially immobilized we believe, we believe, by the extreme heat that came through. some were broken. and we're investigating that. >> reporter: yet that doesn't all track with the county's own web page, maui sirens.com, which clearly states how the siren system is capable of alerting residents to multiple disasters including wildfires. and we also found this explainer about the siren's uses on hawaii's emergency management agency's web page. >> we also use sirens for hurricanes, brush fires, flooding, lava, hazmat conditions or even a terrorist event. >> reporter: this map shows where the warning sirens are located. according to the state, there are about 400 sirens statewide including 80 on maui. and in the historic town of lahaina where more than 100 people were killed in the flames, there are five sirens. five sirens that were not used to warn those in grave danger. instead, officials say they chose to send alerts by text message to cellphones and as well as alerts on land lines and through tv and radio. >> it is our practice to use the most effective means of conveying an emergency message to the public during a wild land fire. >> reporter: while that may have worked in some cases, the wildfire moved so swiftly, it knocked out power and cell service. so how were residents supposed to receive the warnings? >> no warning at all. there is not a siren, not a phone alert, not a -- nothing. not a call. >> reporter: randi kaye, cnn. we furnisturn now to a majo weather event. hurricane hilary has grown into a category 4 storm. hilary could bring heavy rain and strong winds to california and the southwest this weekend. so let's track it all with derek van dam. when will folks begin to feel the impact from the storm? >> depends on where you are located in the western baja peninsula, probably the next 12 to 24 hours. in southern california, saturday night as early as saturday night and certainly into sunday and monday. here it is, hurricane hilary latest 5:00 a.m. eastern standard time advisory from the national hurricane center, ups those sustained winds to 145 miles per hour. that make this is a powerful category 4 atlantic hurricane, of course it is in the pacific. steering winds have a major fang t -- factor on where the system goes and you can see the potential to impact the southwestern portion of the u.s. how much is still to be seen. we have a lot of cool water ahead of this tropical system, so we do anticipate a significantly weakened storm as it approaches southern california and extreme northwestern sections of the baja peninsula. perhaps slight strengthening within the next 12 hours. but as it keeps the colder waerks water, it will start to weaken. but the update has a tropical storm entering the border of the canada and mexico region. and that will be significant depending on if it moves east of the track or if it stays offshore, it could be a major wind and rain event for southern california. and into the southwestern u.s. but this is a game of miles. this will determine who receives the most flooding. we'll monitor the track. does the storm system stay offshore or does it move inland. kind of shredding the system before it reaches let's say san diego or los angeles. but one thing is for sure, we anticipate flash flooding risks and potential for high elevation wind gusts that could top 60 miles per hour. we have a weekend ahead of us here. >> i can tell. hopefully people heed the warnings. appreciate it. to this now. donald trump's lawyers are proposing an april 2026 start date for his federal election sub version case. that is more than two years later than jack smith's proposal. he wants to start this coming january. but this is all as negotiations are getting fine tuned in georgia for the former president to surrender as soon as next week. that is for the state charges. and all the while we're learning the fbi is stepping in after some fulton county officials were threatened after trump was indicted there. paula reid has more. >> i have four of them now if you look. >> reporter: former president trump reacting to his georgia indictment for the first time on camera and calling for his party to come to his defense. >> they have no idea the anger they cause. the republicans have to be tough. the republicans are great in many ways, but they don't fight as hard. they have to get a lot tougher. >> reporter: this call to action comes as the georgia residents who served on the grand jury that indicted trump for trying to overturn the 2020 election are facing threats and even getting doxxed online. >> they were called to serve and now they have been basically put on the ax by these disclosures. >> reporter: names, pictures, profiles and even home addresses purporting to belong to the grand jurors are now circulating on far right websites, their names were published on the indictment, a public document as is the practice in georgia. but experts say -- >> this is really a quirk of law in the state of georgia that the names of grand jurors come out with the indictment. so this is really the first time we've seen this kind of thing come out in a national case. >> what i'm going to do now -- >> reporter: cnn cannot independently verify the details and it is unclear if the information circulating online is that of the actual grand jurors or just people of the same name. former georgia state senator and attorney testified in the case and she says these threats might impede prosecutors' ability to find a trial jury. >> everyone is going to know who they are. their lives will be turned upside down. so just to be able to sit a jury of people who would be even willing to put, you know, their lives on the line is going to be really, really difficult. >> reporter: and it is not just the grand jury under threat. judge tanya chutkan who is overseeing the federal location interference case against trump received a threatening voice mail earlier this month. according to court documents, a texas woman called chutkan's chambers on august 5 and left a message threatening to kill anyone who went after former president trump. she also allegedly threatened to kill congresswoman sheila jackson lee as well as people in the lgbtq community. she is now in custody. over the last week, trump has repeatedly posted to social media speaking directly to the fulton county grand jurors and judge chutkan saying will someone please tell the fulton county grand jury that i did not tamper with the election? and saying that chutkan obviously wants me behind bars. very biased and unfair. trump was scheduled to hold a press conference monday to amplify his baseless claims of voting fraud, but now we've learned that that is unlikely to happen after his advisers who are currently negotiating his surrender in georgia told him that an event like that could just add to his increasing legal problems. paula reid, cnn, washington. along the political lines, president biden will give tri-lateral diplomacy a try as he hosts the leaders of japan and south korea today at camp david. the sun mimmit aims to tackle is like russia and china and they will discuss more defense cooperation. anna coren is live in hong kong. a summit like this is really unthinkable just a few years ago. so this is a pretty big deal, right? >> reporter: yeah, this is very significant, danny. as you say, a few years ago this would never have happened considering the historical grievances and at times hostile relationship between south korea and japan. these are america's two most important allies in the indo-pacific region and yet here we have the south korean president and the prime minister of japan putting aside those gives to meet with president biden at camp david in maryland in about six hours time. at its core of the susummit, it about dealing with north korea and more importantly how to deal with arising and aggressive china. beijing is making its military presence felt in the region. think of taiwan and territorial disputes in the south china sea. and we heard from the u.s. ambassador to japan and he said that china assumed that south korea and japan would never resolve their differences and get on the same page. he believes that this mechanism of cooperation that is forming now between the three governments will be a major deterrent for china. take a listen. >> i think it doubles down not only our strength of our alliance, but more importantly, it doubles down on the fact that we've created something that exactly is what china was hoping would never happen. >> reporter: beijing will be watching the summit very closely. we heard from wang yi last month warning against aligning themselves too closely with the u.s. at the end of the summer, leaders are expected to announce expanded cooperation not only in joint military drills and military information sharing, but also in ai, supply chains and cyber and economic security. the hope is for this tri-lat to become an annual meeting in its own right. it kicks off at 11:00 local time when president biden will be meeting with them. >> and we'll be watching closely. thank you. to this now. a federal judge in delaware has dismissed two tax misdemeanor charges against hunter biden. those were the last remaining components of the plea deal that fell apart. it paves the way for special counsel david weiss to potentially bring more charges in other jurisdictions. the fate of a separate but related deal to resolve a felony gun possession charge though is still unclear. coming up in a moment, dramatic moments in the courtroom with a mistrial declared in the case of two white men charged at shooting at a black fedex driver. plus what could be a break in the case of a mother of five murdered on a maryland hiking trail. and next more on the judge with just six months on the bench now assigned to donald trump's fulton county case. stay with us. with flonase, allergies don't have to o be scary. spray flonase sensimist daily for non-drowsy, long lasting relief in a scent-free, gentle mist. 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months but now he has one of the most consequential cases in history. gary tuchman reports. >> reporter: this is scott mcafee, superior court judge, presiding over a recent murder case seen in courthouse video. >> to that end, i believe that the state did prove beyond a reasonable doubt that there was sufficient evidence to convict on each of the charges in this case. >> reporter: judge mcafee, now randomly assigned to a dramatically different legal scenario. he was just appointed six months ago to fill a vacancy. before that, he served at the state inspector general and both state and federal prosecutor after graduating from the university of georgia law school in 2013. classmates and professional acquaintances say he is politically conservative. notably mcafee was a state prosecutor in the complex trial division in fulton county led by fani willis. a georgia state representative and a defense lawyer has handled two cases where mcafee was the prosecutor. >> in the cases i had with him, he made reasonable decisions related to pleas or discovery requests and he was fair. politics never came into it. >> reporter: university of georgia records show he was the treasurer of the law republicans, a group that serves libertarian members of the law school community and provides support for republican political candidates. he was also treasurer of the federalist society, an influential conservative and libertarian organization in the u.s. just a few months ago he presided over a case involving an outspoken trump supporter and conspiracy touting lawyer. >> i have political views. i believe our country has been taken over by communism. >> reporter: but this case didn't involve politics or trump, it was a contempt case. judge mcafee held him in contempt and leveled fines against him. scott mcafee has only been on the bench a few short months but now dealing with a case that could be one for the ages. gary tuchman, cnn, atlanta. for more, let's bring in a former federal prosecutor and author of" a spy in plain sight." i can't imagine, this would be a pretty daunting case for a new judge, right? >> sure, for any judge. i mean, come on, danny. but the fact is he has a conservative background. he has lived in atlanta his entire life. this is not some guy that the trump team can say is just a raging democrat, you know, who is out to get him. that song and dance won't work. and he is a young guy, he has a lot of energy, he is going to attack this case. he has a lot of experience both state and federal. yes, in the prosecution, but you heard the defense lawyer speaking laudbly about him. so he seems to be fair which is really all that you want and need in any case but especially a case like this. >> and i want to talk more about the case itself. trump's former a.g. bill barr was on fox news thursday and spoke about the georgia case. take a listen. >> i'm not happy with the georgia case. i think it is much too sweeping, much too broad, excessive case that is -- making it looks like people are piling on and being excessive and feed the narrative that he is being victimized here. and i also think that there is merit in the point that this is a case that i don't think will be triable before the election. >> we have too sweeping and too broad. what are your thoughts? >> i strongly disagree. i think that this rico case is an excellent example of what it is meant to be used for, to tell a story about a broad conspiracy. barr's right in the sense that it is broad, but that is because the conspiracy was so bad. it involves so many people and it took a while, right? that is what rico is meant to get. it is meant to grab all these people and put them in that rico net and be able to tell the story of each individual defendant and each overt act or steps, substantial step that they took in the furtherance of that conspiracy. of course it is broad. that is how rico is supposed to be. as far as timing goes, i disagree again. i don't think that this is a two year out play. i don't think it necessarily has to be. of course trump's lawyers will argue for that. but i think that this d.a. has got a tight case, she tells a tight story and she will be ready to go in the six months she asked for. now, that will be tough on the calendar. you've got all these defendants. i don't think that it will go in six months. but two years? it doesn't need to happen. doesn't need to happen. >> i want dote to get your perspective on the federal election sub version case. trump's lawyers are proposing to start the trial in april of 2026. lawyers wrote in a filing, quote, the government's objective is clear to deny president trump and his counsel a fair ability to prepare for trial. even if they don't get it pushed to 2026, is there a good chance that that case and that trial starts after the election? >> no, i think that trial is the one that has the best chance of starting the soonest, right? because we just talked about how the rico case is by definition very vast an broad and you've got a lot of indicted co-conspirators. in the federal case, you have a lot of unindicted co-conspirators. build one defendant and just basically one jurisdiction. to say that he's too busy, we're all too busy to stand for indictment for all these things. but one thing i was thinking about this morning, with all of these different trial dates being juggled and all the different jurisdictions, is that unusual. and i was thinking not really. i certainly had defendants who were facing crimes in most jurisdictions both state and federal. i was a federal prosecutor. but in state cases, right? but the big difference in all of those and trump is that those people, two were imprisoned while awaiting trials. that won't happen here, but i think that that was interesting that that really is the one difference because it is not unusual for somebody to be facing multiple jurisdictions, multiple charges in multiple jurisdictions. >> and some of these words we're saying again unthinkable just a couple years ago. but i appreciate your persp perspective. >> you got it. let's do some quick hits across america now. a judge in mississippi has declared a mistrial in the case of a white father and son charged with the attempted murder of a black fedex driver. the defense had claimed police did not turnover a key video, the d.a. says a new trial will be scheduled. and authorities say dna in the case of a maryland mother murdered earlier this month has been linked to a home invasion and assault in los angeles. so far though authorities have not identified the suspect, they only say it is a man in his 20s. and the d.a. in shelby county, tennessee has dropped more than 30 cases involving the fired memphis police officers charged in tyre nichols' death. charges were reduced in a dozen other cases. coming up, ukraine has been asking for american made f-16 fighter jets for months. now a major development coming out of washington. plus a new memo for ron desantis from his super pac, why it is stirring up anger and confusion in the race. ♪ i j just want to lie motionless in a chair! ♪ booking.com, booking.yeah ♪ ♪ at the alzheimer's association walk to end aleimer's, this is why we walk. ♪ they're why we walk. ♪ we walk in the alzheimer's association walk to end alzhiemer's because we're getting closer to beating this disease. join us. wow, you get to watch all your favorite stuff. it's to die for. and it's all right here. streaming was never this easy, you know. this is the way. you really went all out didn't you? 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. >> moscow's mayor says a drone has been shot down over the city this morning leaving falling debris near the expo center. no one was hurt. this is the third time in the past month that today bdebris h the area. and the u.s. has approved committing f-16 jets to ukraine as soon as training is complete. nada bashir is joining us from london. we talked about this yesterday. ukraine believes the jets still won't arrive until next year. so what can you tell us? >> reporter: look, danny, the supply of these f-16s really depends on the training of ukrainian pilots. these are advance u.s. made fighter jets and it could essentially if a months for ukrainian air force pilots to be fully trained to operate them. we heard yesterday from a spokesperson from the ukrainian air force saying that they certainly wouldn't offer it before the end of this year and that is a significant blow to ukraine ukraine's military as the counteroffensive continues to grind on. and of course u.s. official saying that the biden administration is prepared to approve the transfer of these jets to ukraine as soon as the training is complete. we've heard from u.s. official familiar with this matter saying that secretary of state antony blinken has been in contact with counterparts in denmark and the netherlandss to assure them of this commitment. of course the u.s. and european partners have been taking the lead. it was anticipated that the training could begin in month. but right now it is unclear when it will begin or how long it will actually take. we've heard of course from other european partner, they are focused on developing this training program. ukraine's air force says they are hopeful this can begin in the near future. and in the meantime the u.s. government is set to be in talks with other european partners who do have that supply of the u.s. made f-16s to see who else might be prepared to supply the jets to ukraine when they are ready. >> mad mad toda mad. and now the search for survivors under way after heavy rains triggered landslides in northern india. at least 72 people have died in and around the city in the himalayan foothills. vedika sud has more. >> reporter: homes swept away, lives destroyed. since sunday more than 70 people have died and more than a dozen are missing. after heavy rainfall led to landslides and flooding across india's state. a man is heard repeating oh, lord, oh, lord, shocked as he sees the floodwater gushing through a valley. search and rescue operations have been under way since a desperate attempt to loepgcate survivors buried under debris. for those who were lucky, the wait has been excruciating. >> translator: we should get the missing members of our family back. we should get a glimpse of them for the last time and set their souls free. we have no doors left open for us now. we should get them back. >> reporter: with more heavy rain on the way according to forecasts, they remain alert sending residents to relief camps. this monsoon has been devastating for the state. since the start of the rainy season in june, 300 people in the region have died according to the chief minister. on wednesday, he carried out an aerial survey of some of the worst affected areas. like in many parts of the world, sites like these are becoming more common. they estimate the damage has caused losses over $1.2 billion u.s. and could take a year to rebuild infrastructure. but for some residents, it is more than just infrastructure. lives will also need to be rebuilt. vedika sud, cnn, new delhi. let's get some quick hits around the globe. officials in canada's northwest territory is calling the 230 wildfires burning unprecedented. 20,000 residents of yellow knife are ordered to evacuate by noon today. and moving south, a powerful 6.3 magnitude earthquake and after shot rattled central colombia. at least one person died. at least 60 migrants are feared dead after a boat disaster off cape verde. 38 were rescued including four children. coming up next, head of emergency services for maui resigned amid criticism for not sounding the warning sirens. and what one republican presidential candidate is being viced do at a debate without donald trump. while an earnings tool helps you plplan your trades and stay on top ofof 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to the list of those lost. >> have we found remains that are maybe smaller than other remains? i'm not going to sit here and sensationalize that. >> reporter: the official death toll from the wildfires is now well over 100 with possibly more than 1,000 people still missing. jose garcia lost his 15-year-old brother in the fire. after trying in vain to run home and save him. >> everyone was saying get out, don't go that way. even though i was four or five miles away, i could feel the heat. >> reporter: his father found his brother's body in the burned rubble of the family home. >> what we saw is where he always slept, what he had seen was not just a body, but the body of a 15-year-old kid who had way more life ahead of him. >> reporter: and then they took his remains to authorities. jose now turning his pain into poetry. >> what could i do, no power i hold, i'm lost and i'm found, i'm lost all around. we're losing our town. >> reporter: the shear scale of the devastation has impacted everyone on the island. >> no one has ever seen this that is alive today. not this size, not this number, not this volume and we're not done. >> reporter: identifying the dead remains a difficult task. there are often no fingerprints and many remains are unrecognizable. relatives of the missing are being asked for dna samples. the search teams are also deeply faem affected. >> we have to do this right and realize that the responders that are going out there are recovering their loved ones. members of their families. >> reporter: search sand rescue scouring more than 2,000 homes and businesses as the magnitude of the loss sinks in. >> it is hard to take in. >> reporter: and even as authorities delicately search the rubble for human remains, some residents say that they have been approached by speculators, reawakening medical others of historical wrongdoing including colonization and overgovernment and further stoking fears of losing their land. governor green reacted to those fears and mounting frustration over reports of unso he police at this timed calls from outsiders looking to buy damage prop properties. >> we'll work to block those actions. >> reporter: there are signs of some improvement here. we have been watching as electricity crews try to put the power back on and we have also mean seeing cellphone towers being repaired. so that is some good news. some return to normalcy. but the reality is that recovery here is going to take a long time, likely several years. and as attention begins to fade away, it is important to remember that there will be thousands of people here in lahaina who will still need the help of the federal government. but hawaiians and the people of lahaina will do what hawaiians do and that is band together, support each other and help one another move forward. gloria pazmino, cnn. >> just unimaginable. let's switch gears now to politics. the first republican presidential debate isn't until next week, but there is already news from it. the "new york times" reported a super pac behind ron desantis' campaign posted a number of documents including a degbate memo with strategies. desantis' campaign is denying any knowledge of this writing, "this was not a campaign memo and we were not aware of it prior to the article." for much more, let's bring in mad michaela gardner from bloomberg news. desantis' team denying any news of in memo. do you have his team has to rethink their debate strategy? >> i think that the release of this memo certainly puts them at a disadvantage especially if they are planning to use it and draw from it. i mean, this memo is pretty wide ranging. it talks about nikki haley, mike pence, tim scott, chris christie, all these folks that he is expecting to face next wednesday. but i think something that is interesting here that is underlying is the campaign has seemed to rely more on the super pac in recent weeks especially because they are going through a cash crunch. there has been instability in the campaign. we know desantis has gone through multiple campaign managers in recent weeks. and so it could be signaling again this reliance on this pac. we know desantis was on a bus tour that was funded by the pac recently. i think the bigger problem here is daesantis is already at a disadvantage. debate skills are not necessarily his strength. but at the same time, we know he is preparing at least once a week. he has hired a veteran coach, bret owe done nell, who has worked with mitt romney, john mccain, george w. bush, all folks that clenched the nomination. but he also has nothing to lose and everything to gain. he is 40 points behind trump. he has fallen significantly in recent weeks. and frankly this is about shoring up his political career. he needs to have some sort of breakout moment or at least hold his ground for this to be a success for him. >> i think the stakes are incredibly high and i'm glad you pointed out there is debate prep and also perceived closeness to that super pac. and i want to note that rthey responded. >> are you preparing to be hammered? >> i've been prepared for that for a lot of my life and i'm prepared to take that on. truth is i'm an outsider in this race and i think that is threatening a lot of the professional politicians understandably. a guy like me is not supposed to be in this race according to their book. >> so seems like there are some candidates who are already seizing on this moment, this desantis news, for their own political gain, right? >> vivek is an interesting gtody because he started polling really low but there have been bumps. fox news poll had him in third place earlier this month and he has already criticized this memo that the super pac has out and calling desantis robotic, seemingly hitting on some of the issues with his connection to voters and called some of the attacks boring and canned. but i think specifically about this memo that is interesting, they plan to bring up some of the things that he is touting as an asset. his time as an outsider, his time as a business owner, specifically his decision to start a firm with a chinese state owned company and also some of his ties to the democratic financier george soros who is the subject of a long time criticism for republicans. so he certainly should expect those attacks if not from desantis but other folks. >> i know i'm tremendously looking forward to this debate either way whether we see those attacks from desantis or not. i appreciate your perspective on this morning. thank you very much. coming up on "cnn this morning," trump's legal team wants a 2026 trial date in the january 6 federal case. and next here, the brooklyn nets release the season schedule with a hilarious new video. you won't want to miss it. with flonase, allergies don't have to be scary spraying flonase daily gives you long-lastiting, non-drowsy relief. 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[coughing] ...from this highly... ...contagious virus. not all dangers come with warning labels. talk to your pharmacist or doctor... ...about getting vaccinated against rsv today. amazon has great deals on everything kids need. instead of spending more, he spent less. seemed obvious. why would a person spend more money? he's eight and he gets it. i'm 10. well, that's less impressive. scary moments in last night's preseason game between the eagles and browns has two players were carted off with neck injuries. i'm a philly guy and that was scary. >> certainly was. happened last year with damar hamlin and tua tagovailoa. just really hoping that everyone has a safe and healthy season this time around. but the cart had to come out on the field twice in last night's eagles/browns game. both for neck injuries. tyreek cleveland's head slammed into the ground. he was carted off. and later this the game, a defensive lineman was chasing the player and his head hit ama back. the team announced that both players had movement in their extremities. lionel messi speaking to the media for the first time since arriving in the u.s. he has scored nine goals in his first six games since joining inter-miami. messy i go on tmessi says he is thrilled with the decision to play for miami. >> translator: today i can tell you that i'm very happy with the decision i made and for how my family and i live our day to day lives and how we enjoy the city and this new experience. and how the people received us from the first day, from the people of miami and people of the u.s. in general. >> nba regular season schedule is now out. nikola jokic and the nuggets will begin their title defense against lebron james and the lakers. the rematch of last season's western conference finals headlines the opening night doubleheader on october 24 on tn t t. and suns will visit the warrior warriors. and the brooklyn nets meanwhile borrowing a page from the titans released video, they went to coney island and asked tourists to name that logo. and watch how it went. >> the new york yankees. ♪ >> insurance. ♪ >> buffalo's right? ♪ >> this is the brooklyn bridge. ♪ >> two question marks trying to make love. ♪ >> tigers, lsu tigertigers. ♪ >> exploding field goal. ♪ >> those are so good. i guess that person thought that the hawks logo was state farm i don't know. but they are priceless. >> love it. go 6ers. new developments out of maui, boss tin charge of emergency sirens just quit. a live report next on "cnn this morning." good morning, everyone. it's friday. we're so glad you're starting your day with us. >> good morning. >> good morning. it's friday. we made it through the week. it was a good week.