in north korea, the regime confirming for the first time it has custody of an american soldier who bolted into its territory last month. what the north is claiming he said. and back at home, soccer superstar lionel messi propels his miami team to new heights. we begin this morning with a wildfire devastation in hawaii. this morning, the white house announced president biden and the first lady will travel to maui on monday to meet with first responders and survivors. and as the death toll climbs to 106, we're starting to learn the identities of some of the victims. they include 74-year-old robert vickman, 79-year-old buddy jantoc, franklin teros, who was trying to save a friend's dog, carol hartley who lived on lahaina for 36 years and a family of four that was trying to escape. and as news crews with cadaver dogs scour the area, a growing number of families are facing a grim reality, one man spoke with our affiliate khnl outside a morgue, saying he was waiting to identify his stepfather's remains. >> he's gone. i just want to identify the body. i haven't slept in six days and i just -- like i said, i just want to identify his body and put him at rest. >> the cause of the fire remains under investigation. firefighters say they struggled to find water. >> hydrants aren't working. that's no different than cops being in a gunfight without bullets. >> nbc's steve patterson joins us from maui. good morning. three lawsuits have been filed against hawaii's main power company. what do we know? >> reporter: yeah, jose. we know those lawsuits are based on the allegation of negligence. and i can tell you, you know, covering wildfires for now close to eight years, you have an easy recipe. it is dry brush mixed with high wind, that's the tinder, the match, it could always be equipment that has the possibility to fail. so then the accusation becomes wrapped in a question, which is why, if we knew high winds were going to be there last tuesday, was that equipment not shut off? let's get specific. the national weather service that day, that last tuesday which predicted winds of 45 miles an hour sustained, gusts up to 60 miles an hour. that's enough to cause a fire if there is a spark. so, again, the accusation comes from those allegations which is there should have been something done well before the fire even started. that's what we're hearing from attorneys. that gets into, of course, things that are a little bit more complicated, right? it is not easy to shut off power to an entire region of a specific island. especially when it is so well integrated in these population centers that could feed medical equipment, other things. that will factor into the discussion as well as what was sort of on the list of things that could affect this island, where was the possibility of wildfire? that is something that i think is in a discussion with the emergency managers and the government when it comes to talking to the power companies. but, again, the accusation stands and that's the reason for the lawsuits. meanwhile, you know, citizens, residents are wrestling with this, especially ones that lost their home and on top of knowing sort of where this might be going as far as nailing down a cause, they're also struggling with the fact that they feel like they had no warning. i want to point for you some sound of a resident who lost everything. listen to this. >> it is all gone, in a minute. and it is hard. to me, we don't have enough time to build it all up again. so many, many year we put our hard working that we have in that house. everything. we have no chance to take anything out. there is no warning, no nothing. >> reporter: meanwhile, the death toll continues to increase. the search zone is now above close to 27 to 32% complete. the death toll, of course, expected to go up beyond that. there is one other major thing happening today. you might see behind me, flashing lights. we're at a checkpoint, the major bypass in the lahaina is about to open in less than an hour or so from now. that is all traffic. anybody can now go into that zone for a specific amount of time, based in waves. that is a huge development here as residents and homeowners have been complaining about getting access and getting potentially crucial supplies back to where they live. jose? >> yeah, and, steve, i mean, just the thought that there are still more than a thousand people missing. >> yeah. incredible to think about and you have to imagine that over the course of the last few days, when those people -- of course the hope is that these people are in shelters, these people are staying with families, these people have been sleeping in their cars and they just haven't had the right resources to make those calls to let their families know that they're okay. so, over time, every day that goes by that that number, beyond a thousand people, doesn't drop down, it is getting more likely that at least a large percentage of that is counted among the dead. and then you factor in the fact they only combed over with cadaver dogs and search crews looking for people in that wreckage, only about 30% of it. i mean, it could get just really, really tragic here, jose. >> yeah. steve patterson, thank you so very much. appreciate you being with us. joining us now is dr. reza danesh, a physician in maui who runs an urgent care and mobile clinic. he's been treating people impacted by the wildfires. thank you for being with us this morning. can you describe what it is like for you right now? >> right now it's -- every day things are changing. and just hearing what you guys are saying about the opening is going to be very, very interesting about all the local people and people that have been trying to get to the west side to see the place or just see their loved ones. so that's what i'm kind of anticipating before i head out this morning. >> what challenges have you run into when helping people? >> the first challenges, first two, three, three days was just being alone, being in my mobile unit myself, just kind of driving around, trying to see which areas needed help, not having cell phone, not having any real update on what happened. the first day i decided to just go help because we heard there were some fires. nobody knew, nobody had any idea that, like, an atomic bomb went off in that city. i truly felt like a few homes might have been burned. i got news from our ems team that got in to fight the fires or paramedics who made it out of the zone and got cell phone started telling me there is bodies, bodies and this is -- it is devastating and that's when i activated our -- my nonprofit portion of my company called moto for the people and we got my mobile units that i had set up during the pandemic for house calls, i drove out there and i couldn't believe what i saw. >> what is it that you saw? you said you described it as an atomic bomb. what is that -- what's there? >> i mean, i got there midday and a lot of the pictures you see, just imagine what you see being very fresh, warm, smelling like rubber and toxins. and it felt like the pandemic had happened and nobody was around, but yet everything was destroyed. and then i started seeing some people come out and i couldn't believe how they survived. and then i started talking to these people and they really told me every 30 seconds, 15 seconds, another block was getting caught on fire and they ran to the ocean. just a storm, just heat and fire and smoke. that's when the horrific images are coming through. i was hearing their stories, dealing with respiratory issues, their eyes were all, just, burned and irritated from smoke, their airways, their tongues, their skin, their legs, their wounds, it was pretty -- i see lots of trauma, but just to see a lot of it up-front with the environment, just makes it very, you know, graphic and stressful and just seeing these images now, the aftermath of how these people just lost their lives and just saw so many people burned next to them, it just -- my heart goes out to them and i'm starting to see now a lot of people having survival guilt on the island, feeling bad of what happened because it is a tight, small community. it is devastating. it is, like, 9/11 equivalent right here on our beautiful island and a historic town that was once the capital of the whole state is just gone. >> dr. reza, thank you very much for being with us this morning. it is going to take some time and some of those injuries are just going to be with people forever. i appreciate what you do and i thank you for being with us this morning. and if you would like to help residents of maui, you can donate to the red cross. text the word hawaii to 90999, that makes a $10 donation. and for our spanish speaking viewers at home -- [ speaking in a non-english language ] turning now to a looming deadline for donald trump and 18 of his allies, now indicted by special grand jury in fulton county, georgia. all defendants have just nine days to turn themselves in. for trump, that deadline sits squarely between the first republican presidential debate and another hearing in the federal 2020 elections case. meanwhile, some of the co-defendants in fulton county are sounding off. former trump lawyer john eastman's legal team slammed the case as a legal cluster bomb. and vowed to fight the charges. former white house chief of staff mark meadows' legal team has filed a move to move the case to federal court. and here's what we heard from former new york mayor and former trump lawyer rudy giuliani. >> this is a ridiculous application of the racketeering statute. there is probably no one that knows it better than i do, probably some that know it as well. the first one to use it. >> joining us now nbc news correspondent vaughn hillyard outside the fulton county jail and catherine christian, former assistant district attorney from the manhattan d.a.'s office. she is also an msnbc legal analyst. so, vaughn, you're outside the jail there. what have you seen and what is the process going to be like going forward? >> reporter: right, rudy giuliani would call this a misapplication of justice, but that is an argument that he and his own counselor have to make in most likely a fulton county courtroom. in the next nine days, rudy giuliani, donald trump, and 17 other defendants, are going to have to show up here at the fulton county jail, just down that road from the courthouse, where ultimately the indictment was handed down, just about 36 hours ago. and they're going to have to surrender to the sheriff's office here. the sheriff, two weeks ago, said he intended if donald trump or others were to be indicted to treat these defendants like any other individual who is brought in, and here in atlanta. and that would be a process that includes a mug shot, and a fingerprint process here. you know, for the 19 defendants, nine days, they have 24 hours to appear here, the jail is open 24 hours a day. and the authorities have said they can come and surrender at any point. one important note is that the arraignment process and the surrendering process are two different events that will take place. arraignments for donald trump and others will appear on the judicial docket so at this point in time we do not know when the arraignment will take place, but we know the secret service is already working with the sheriff's office here to set up a potential visit by the former president of the united states. >> catherine, mark meadows' lawyers filed to move this case to federal court. what is the logic behind that? >> well, what they want to do is, it is about all about the jury panel. so, the d.a.'s case would be tried in fulton county and the jurors would all come from fulton county. if the case was removed to federal court, the jurors would come from all of the northern district of georgia. so you would have jurors who you can say would probably be more favorable to defendant trump and defendant meadows. now, his rational, in addition for the jury panel, he's saying he was a federal officer, which he was, chief of staff working for the white house, and that any act that he is being accused of doing, it was done under the color of office. he's saying part of his official duties as a federal officer. you can expect that obviously donald trump is going to try to remove it and also jeffrey clark who worked for doj at the time. it is all about the jury panel. >> and so how likely is it, catherine this case will be moved? >> it will depend on the judge. we have an example in manhattan, donald trump's lawyers tried to move the manhattan d.a.'s state prosecution to federal court. that federal district court judge says you cannot say that making hush money payments was part of your presidential duties. so this judge might say the same thing. you can't say that trying to allegedly overturn an election and intimidate witnesses is part of your duties as chief of staff, part of your duties as president, part of your duties of doj. it will be interesting. >> and, vaughn, what more do we know about the judge assigned to this case? >> reporter: you were just looking at some of his history. he's relatively young for a judge, first appointed to the bench in fulton county by georgia governor brian kemp, a republican, just this last february. he previously had been working as an inspector general inside of the kemp administration. he was appointed to that role in early 2021. and previous before that, he worked in the capacity to former assistant u.s. attorney in the northern district of georgia, but also before he took that role, he had actually worked inside of the fulton county district attorney's office. fani willis was technically his supervisor. but for scott mcafee here, this is a big case that if, in fact, he ultimately oversees here for scott mcafee, of course, he's not faced the attacks of donald trump yet, yet the former president has seemed to never hold back against anybody, even if they are republican appointed judges, for instance, even in the aftermath of the 2020 election he went on the attack against the u.s. supreme court justices that he himself had nominated to the bench here. so, for scott mcafee right now there is a lot of waiting and seeing in terms of exactly the role that he will play in this as we await the arraignment of donald trump and others. >> catherine, the indictment accuses the enterprise of harassment and intimidation of fulton county election worker ruby freeman. here's some of what she told the january 6th committee. >> i've lost my sense of security all because a group of people starting with number 45 and his ally rudy giuliani decided to scapegoat me and my daughter, shaye, to push their own lies about how the presidential election was stolen. >> what is the significance of highlighting what happened to ruby freeman in this indictment? >> it shows the victims that really were affected in this alleged scheme and this enterprise. so, the irony is that in the '60s, many people came from the north, i'm from new york, new yorker s came down south to help back people exercise their right to vote. so now in 2020, two new yorkers, donald trump and rudy giuliani, allegedly tried to disenfranchise voters from exercising their right to vote or for having their votes counted. and to intimidate and harass election workers. so, there is no first amendment right to intimidate and harass election workers to breach voting machines, to commit perjury. so, having her and her daughter also was also part of the intimidation and harassment, miss moss, part of this indictment brings it home that this was just not someone, you know, lying about winning an election. there were voting rights that were at stake if they were able to actually overturn these georgia election results. >> catherine and vaughn, thank you both for being with us this morning. so appreciate it. up next, what north korea is saying about why a u.s. soldier crossed the border and ran into the country. plus, new details about the investigation surrounding hunter biden. new reporting on how house democrats are trying to flip the script on republicans. we'll explain in 60 seconds. you're watching "jose diaz-balart reports" on msnbc. n. you're watching "jose diaz-balart reports" on msnbc. ♪it only costs $50 bucks at t-mobile.♪ ♪just one cord to set up.♪ ♪say goodbye to that truck.♪ ♪oh, what a beautiful mornin'...♪ ♪oh, what a beautiful day...♪ ♪they won't raise your rates at t-mobile...♪ ♪you'll get a great deal every day!♪ home internet from t-mobile... just $50 bucks a month. i remember when i first started flying, and we would experience turbulence. i would watch the flight attendants. if they're not nervous, then i'm not going to be nervous. financially, i'm the flight attendant in that situation. the relief that comes over people once they know they've got a guide to help them through, i definitely feel privileged to be in that position. ♪♪ for the first time, north korea confirms a soldier is in its custody after he ran across the border last month. joining us now is nbc's janis mackey frayer in beijing. good morning. what more do we know about travis king's status as of today? >> reporter: jose this is the first we heard from north korea that travis king is in custody after he willingly ran across the border into one of the world's most hostile countries. with tension at a high in the region, no lines of communication with north korea, and little certainty about what happens next. this morning for first time north korea confirming custody of travis king, the american soldier who did a cross border dash last month into north korean territory. state-run kcna now claiming private second class king, who is 23, wants to seek refuge there, or in a third country. a statement saying he confessed to illegally entering to escape, quote, maltreatment and racial discrimination within the u.s. army, adding he was disillusioned with the unequal american society. >> even if the north koreans were to come out and say he wants to defect, you couldn't trust the words, they would be not coming from private king himself. >> reporter: king bolted during a private group tour of the heavily fortified demilitarized zone. he was due to return to the u.s. the defense department telling nbc news it couldn't verify north korea's comments of private king, adding, quote, we remain focused on his safe return. his family back in wisconsin is concerned, telling nbc news last month -- >> i hope you come home soon and we can start back over. >> reporter: president biden set to host leaders from south korea and japan at camp david, where the growing threat of kim jong-un's weapons program will top the agenda. >> i suspect at some point travis king will be put on trial in north korea and he will be given a sentence. >> reporter: north korea saying nothing about king's well-being or what he faces. because travis king crossed into north korea as a civilian, the u.s. has not yet designated him a prisoner of war. there are a lot of unanswered questions on this. for now, king's mother is appealing for some sign that he's okay. a spokesperson saying, quote, she is a mom worried about her son and would be grateful for a phone call from him. jose? >> janis mackey frayer in beijing, thank you very much. this morning, house oversight democrats just released a strategy to counter republican investigations into hunter biden. it comes amid a new clash between special counsel david wisenteen and biden attorneys. part of the deal on felony gun charges is not in effect despite assertions from biden's team because of his not guilty plea. meanwhile, one of hunter biden's lawyers, chris clark, asked a judge to withdraw from the case as he's expected to be called as a witness in any litigation stemming from the failed plea agreement. joining us now from capitol hill is nbc's ryan nobles. good morning. where do things stand today? >> reporter: well, jose, there is no doubt that hunter biden and his legal team are dealing with a lot, special on multiple frons after this plea arrangement fell apart a little more than a month ago. in addition to the back and forth between the now special counsel and hunter biden's legal team, he's also facing a great deal of scrutiny from congressional investigators, particularly house republican investigators in both the judiciary and the oversight committee. the oversight committee in particular continues to release transcribed interviews from biden business associates and also from the investigators that were involved in the look into his finances and his business dealings. and now house democrats are responding to some of the information that house republicans have put out. and they are raising two important points. they say, first of all, the timing of this release from republicans strangely seems to be associated directly with the legal trouble that the former president donald trump is facing. they released the devin archer, the biden business associate transcript around the same day that donald trump was indicted by the federal government. and then released this latest transcript which was an interview with an fbi agent that talked about when he went to interview hunter biden around the same time that the information came out from the district attorney in atlanta. the point by democrats being that republicans aren't actually interested in finding out the details of hunter biden's business dealings but are just trying to provide cover to the former president. now, this, of course, is the democrats' argument in all this. republicans would argue that they are the ones trying to get to the bottom of hunter biten's involvement and whether it is directly tied to the president himself. one thing is for sure, jose, these problems not going to away for hunter biden and his father anytime soon. jose? >> ryan nobles, thank you very much. up next, how republican strategists think trump's latest indictment could hurt him in a key state in the race for the white house. you're watching "jose diaz-balart reports" on msnbc. e. you're watching "jose diaz-balart reports" on msnbc. 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>> yeah, so, jose, i think we have to look at republican primary voters and then general election voters separately. and the republican primary, what this is testing is a new phase, and the final phase of the political dynamics of all of donald trump's indictments. the phase, the volume phase, right? all of his competitors have baked into their strategy that at some point there would be too many indictments that people would say maybe donald trump can't give this a go. it is not a qualitative assessment. they don't seem to care about the actual charges. the question is, do voters look at donald trump in the republican primary and say he has too many legal troubles now, i want to look elsewhere? but in a general election, particularly in a state like georgia, what we know is this handicaps donald trump, hurts donald trump. this is a general election challenge for the president, that likely emboldened the incumbent joe biden. >> so, do you think that this is something that, i guess, you know, volume phase as we're talking, as david talks about, is this something that could hurt trump down the line? we have seen no evidence, at least in the primary process, it has been hurting him at all. >> well, i mean, certainly right now what we have seen is exactly the opposite, that each one of these indictments and the coverage of that has actually increased his hold on the gop electorate. and so i'm skeptical about that. i will say that when we get to a phase, if we get to a phase with early trials, where there is more evidence put on the record that voters have to, you know, listen to and digest all the time, that could have some effect. but i also think that absent a real critique by his opponents, there is nothing that really undoes the hold that donald trump has on the electorate and thus far, even with the latest indictment, you see very little criticism coming from national republicans, obviously governor brian kemp and mr. raffensperger in georgia have criticized the former president. but nothing coing from the national party. i think absent that, it is really difficult to see how one undoes the chains that donald trump seems to have around the republican electorate. >> yeah, david, let's talk about that specifically, donald was talking about georgia republican governor brian kemp did respond to trump's announcement that he will unveil a report on allegations the election was stolen in georgia. kemp tweeted and there you see it that the election was not stolen and that, quote, our elections in georgia are secure, accessible and fair. he's a trump critic who got easily re-elected in that state. is there something there that could have a message for outside of the state or no? >> well, i think what is different there is brian kemp has actually been consistent every step of the way and saying, no, the election wasn't stolen. he's politely calling out this 70-year-old man who is running around the nation saying i actually won the election in 2020, despite the fact that he wasn't. there are questions of delusion when it comes to donald trump on this matter. brian kemp is calling him out. when it comes to the others, one of the reasons that donna is right, the premise of your question is right, the indictments embolden donald trump is because all of the other republican leaders say brian kemp and a few others have spent two years saying this is a witch-hunt and i hope he doesn't get indicted, even mike pence who says donald trump did wrong says but i hope for the nation he doesn't get indicted. so for two years, all other leading republicans have actually been carrying the water for donald trump. they can't just flip on a dime and say, well, now i change my mind, i think he shouldn't run for president because he committed these alleged crimes. >> so, david, do you see things as essentially already set in concrete that it is donald trump because, i mean, we haven't seen the first debate that is coming up, but do you think it is already set? >> i very much think it is set. i think donald trump wins the nomination wire to wire. to my very first comment, though, we're entering a phase, this volume phase, if we will. we haven't seen it. we don't know. we not seen anything that takes down donald trump. but this is a different phase. now the table is set with all four indictments, still voters seem to think donald trump's our guy. >> former congresswoman donna edwards and david jolly, thank you for being with us this morning. up next, new video of the taliban actually celebrating how it retook control of afghanistan while making life hell for women and girls. we talked to an afghan woman who fled the country, fearing for her life. you're watching "jose diaz-balart reports" on msnbc. you're watching "jose diaz-balart reports" on msnbc. ♪ things are looking up ♪ ♪ i've got symptom relief ♪ ♪ control of my crohn's means everything to me. ♪ ♪ ♪ control is everything to me. ♪ feel significant symptom relief with skyrizi, including less abdominal pain and fewer bowel movements at 4 weeks. skyrizi is the first and only il-23 inhibitor for crohn's that can deliver both clinical remission and endoscopic improvement. the majority of people on skyrizi achieved long lasting remission at 1 year. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to. liver problems may occur in crohn's disease. ask your gastroenterologist how you can take control of your crohn's with skyrizi. ♪ ♪ control is everything to me. ♪ learn how abbvie could help you save. sometimes jonah wrestles with falling asleep... ...so he takes zzzquil. the world's #1 sleep aid brand for a better night sleep. 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>> i mean, i wouldn't say necessarily me, people like me were already attacked. most of them were taken, most of them were questioned and it was an ongoing investigation for everyone. so, not only that tends to be some sort of a problem, but it became an issue for every household who was either talking on tv or had -- or was working with -- since then i think my life has changed in many ways, but at the same time i couldn't believe that my own home was becoming a place where it was seen -- i was seen as a hostage or hostile. >> how is it -- we're in 2023 -- what's life like for women and girls in afghanistan? >> i was there two, three weeks ago and i went -- i didn't go officially, i'm not allowed to go officially anyway, i was smuggled in, i was there to teach my students for the past one month and we were working on the programs we have been working on for the past one year, life for women is living in secrecy. when i was there, this is not something that would be funny or seen as, why would you do that? it is the only thing that we could do. girls show up to schools, teachers still teach, everything is done, but it is done in a very secret way because women, young girls are not accepted as being part of the citizens of afghanistan. so everything is being done in secret. but at the same time, one thing i definitely would want to recognize and highlight is the fact that women are still going to schools and teaching. young girls are still showing up to schools. it is the world that is not showing up for afghan women. afghan women are showing up for the younger and for themselves. >> is there something you think we, the world, could or should be doing to help the people of afghanistan? >> i mean, the most important thing is ask your representative that for the past two decades afghanistan is important and how all of a sudden it is not anymore. where did all that money go and how come all of a sudden you're no more interested in what is happening in afghanistan, but the most important thing is start asking questions about why is no country investing in alternatives for education, why is nobody investing in access to opportunities for afghan girls and women right now, why is nobody willing to commit to afghan women and afghan girls right now? those are important questions that should be asked because right now afghan women cannot go to parks, cannot go to schools, cannot go to a job, they don't have any opportunity that you might have to -- every day you wake up. >> and women had for over a decade just two and a half short years ago. i thank you so much for being with us. really appreciate your time. >> thank you for having me. up next, the family of a man who was killed less than two hours after an encounter with police is demanding answers. why they're filing a wrongful death suit. you're watching "jose diaz-balart reports" on msnbc. ht you're watching "jose diaz-balart reports" on msnbc. profer the grand slam ham. and this rookie prefers fresh sliced turkey. perfect for when you're subbed out of the game. and if we profer it, we know you'll prefer it too. nothing better than a sub, sub. ♪i've got home internet from t-mobile.♪ ♪it only costs $50 bucks at t-mobile.♪ ♪just one cord to set up.♪ ♪say goodbye to that truck.♪ ♪oh, what a beautiful mornin'...♪ ♪oh, what a beautiful day...♪ ♪they won't raise your rates at t-mobile...♪ ♪you'll get a great deal every day!♪ home internet from t-mobile... just $50 bucks a month. oh stuffed up again? 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