♪ ♪ ♪ the co-conspirator and the election scheme memo. the evidence in the hands of prosecutors that we are now seeing for the first time detailing how fake electors they thought could swing the election. what those details now mean for the case against donald trump. hurricane-charged winds sweeping flames through neighborhoods, people jumping into the water to stay alive, and moments ago, officials told us the fires, they are not at all under control. >> and a cnn exclusive look at the ukrainian troops tasked with bringing home the dead from the front of lines and bringing closure to grieving families. i'm kate bolduan with john berman. this is "cnn news central." ♪ ♪

this morns wing, we are see for the first time new evidence that may be used against donald trump in the special counsel's 2020 case. "the new york times" has obtained this memo that has previously been secret. it was written by lawyer kenneth chesebro. he was named by prosecutors, you'll remember, as co-conspirator number five in the indictment, not -- in the indictment against donald trump, all of the co-conspirators so far, unindicted. the internal memo spells out in detail the plot to overturn the 2020 election with so-called fake electors and it also gives new insight into how the plot would unfold and what they really wanted to do as it was unfolding. cnn's jessica schneider is here with much more on this. jess, lay out what new is learned in this memo. >> yeah, kate. this memo dated december 6th.

it's known to prosecutors. it will likely be a key part of this case and it really lays out that even the man outlining this fake electors plot, kenneth chesebro, he knew it was far fetched and knew it likely would not get through the courts and he kept pushing this plan and it's clear in the memo that chesebro wanted to create confusion in the hopes that those fake electors could, in fact be real electors for joe biden on january 6th. this was a plan he planned to execute with mike pence in his role and we obviously know that didn't happen. it's a six-page memo. he lays out the four challenges that were happening in the states, and then he each talks about the supreme court getting involved. he puts it this way saying even if in the end the supreme court would likely end up ruling that the power to count the votes does not lie with the president of the senate, mike pence, but instead lies with congress, letting matters play out this

way would guarantee that public attention would be riveted on the evidence of electoral abuses by the democrats and would also buy the trump campaign more time to win litigation. so that's what this was about. this was about creating that chaos and confusion and then buying time maybe past january 6th for trump to win the election here and kate, in all of this, this memo coming out at the same time that we're seeing this case about the 2020 elections fraud really moving fast in the courts. we got word last night that there will be that hearing friday morning at 10:00 a.m. about which evidence trump and his team can share once prosecutors can hand it over, so we are seeing an active judge in this case, tanya chutkan and she's taking control very early in the process and we've got our first hearing on friday and we weren't expecting a first hearing until august 28th and things are moving rapidly and now we're getting a glimpse at this memo, a key part of the

prosecution, kate. >> jessica schneider, thank you so much. >> with us now cnn chief legal analyst laura coates, we have to talk to you together now. kenneth chesebro who is one of the co-conspirators lists out the plot of fake electors. why is this significant. >> first, that's just going to be a meme and i love the fact that that just happened and the notion here when you think about why this is so significant, of course, is because one, we did not have this information available to the public back during the january 6th congressional hearings. we did not know about it and it was referenced in last week's indictment which titillated everyone to figure out, what is this about and where is this going? the real significance is that one of the thing is donald trump and his team, he was acting under the advice of counsel and

you can ignore the fact that attorney general bill barr and other top prosecutors who either pointed gave different advice and he seemed to be hanging his hat on this. this seemed to go beyond the notion of let's think about this along the confines of what is lawful. this appeared as jessica laid out, a way to buy time in a way that is not a genuine application or valuation of what is possible under the law or according to the constitution and the fact that he seemed to be one of the co-conspirators outlined in this indictment, although not yet named, appears to contemplate that the jack smith special counsel team seems more like throwing something again the the wall and see if it will stick and part of an orchestrated plot to obstruct, conspire and trying to undermine the election results. >> laura, i'm fascinated with a couple of elements of the memo in a couple of different places where he -- i've been calling

them caveats where he writes i'm not necessarily advising this course of action and also saying in another place, i recognize that what i suggest is a bold, controversial strategy and there are many reason yes it might not end up being executed on january 6th? do you think this protects kenneth chesebro. does this offer cover for donald trump with regard to this memo or neither? >> i mean, there ought to be a course in law school on the best ways to hedge, because it's all throughout this entire memo and i'm articulating it nonetheless, and i'm articulating it nonetheless and this is part of what will be used for the defense here for the very reasons that you say, because this is all a matter of scholarly debate. any time you're in the wild, wild west and there is new information and you do not have the factual predicate that you have had in the past with this new notion, it suggests that you'll be able to say i'm just opining about things.

i'm evaluating this. the biggest issue, though, is going to be how and to what degree it was followed? is there corroborating evidence to try to suggest that there was more than that? the language inserted in the memorandum was not about trying to give an objective analysis and evaluation and rather a blueprint to criminal conspiracy and criminal activity and the big thing according to donald trump is does this suggest that he actually saw this memo? memos written between counsel does not necessarily mean it got to the underlying client. if he was able to rely on it, if he was aware of it, if he saw it, if he heeded it and followed it precisely or it was something floating in the universe? that will be part of what the burden of proof will be for jack smith and his team and the advice of counsel will be part of it and it sets up an interesting and antagonistic dynamic between donald trump and his attorneys and everyone else because the last thing you want is to have your attorneys

testifying against you about what they really said, did not say or what you knew because then that whole privilege issue of the attorney-client privilege really can be pierced more readily. >> hopefully they got privilege out of the investigation. one would think they'll make similar arguments at trial to remove that privilege. >> i want to go back to one thing you said and i want to paraphrase both you and what is in this memo. basically chesebro writes, even if this gets overturned in the supreme court, even if it is not deemed legal, it buys us time. does this case come down to the even if it's illegal part there, him saying, admitting that it might get overturned, but it's still worth doing because it will obstruct the hearing? >> well, two points. one, ethically, attorneys are owed and must provide a duty of kantdor to the court and they must make arguments that are sound, that are legally sustainable and that might have some nuance to it and things you

could actually discuss with the court about the parameters, but you ought not to ever be making things just to simply buy time. it is unethical behavior on the one hand. on the secondhand, of course, if you have advised your client that if there is something legally unsound and that it will not be sustained and not because you're not sure how the supreme court will rule or a lower appellate court or even the court before you in that instance. if you are already signalling that this does not have legal merit and it can be used to buy time and also to peak the interest of the electorate, that might fall under the conspiracy as alleged. >> laura coates, great to see you. thank you. >> great to see you both. in ohio, a defeated meure about the state constitution is a major win for abortion rights advocates and it really wasn't close. more than 3 million people voted in the special election with 57%

voting no on what was officially called issue one which would have made it harder to amend ohio's constitution. if it had passed it would have made a huge impact on the next step which a lot of people knew was exactly what this was about this was a ballot issue coming up in november aimed at offering more abortion rights in the state, codifying abortion rights in the state. cnn senior political commentator david axelrod is joining us now. david, how far can democrats take this now? this was a huge win for them. >> yeah. you know, kate, you'll remember the kansas initiative back before the midterm elections in which voters there affirmed abortion rights in that state and it really foreshadowed what we saw in the mid-term elections which was a much better performance for democrats than had been anticipated by historical kind of member you

ares and what this suggests is this issue is going to live on into the 2024 election and it comes at a time when republican candidates are battling to get to the right on this question, so they're moving further and further away from where the electorate is, and i think this is going to be an issue in the campaign, if there are issues in the campaign and we're want just listening to legal analysts talk about what happened in court that day. >>. >> i mean, republicans can read the same newspapers and see the same data as democrat, though. they see what happened in ohio and kansas before. so what can they do and what's the lukikelihood of them doing to mitigate this? >> the problem they have, john is this a split screen electorate and on the one side you have a republican electorate in which voters are very comfortable with very strict

abortion bans and on the other hand, you have the total electorate in which people are not and that's been the problem for the republican party for some time and for republican candidates and you cater to your base you make yourself more electable in your environment, and i think this is a huge problem and on the one hand, you can't win a general election if you don't get nominated. on the other hand, the things you do to get nominated may make it very, very difficult to win a general election and that's bind they've been in for some time. >> let's ponder this, can you win an election without a campaign manager? ron desantis is now in part of the reset or the redo, whatever he's going to call it, the ron desantis campaign now has a new campaign manager and john and i were talking before the show, as someone who was a strategist for a successful presidential campaign, what is happening

here? [ laughter ] >> well, look, i know what it's like when a campaign is not doing as well as it's supposeded to do and there were periods in the obama campaign and we made a strategic decision to focus iowa and if we did not focus in iowa, we would not be the nominee of the party and we threw our chips there and we were losing altitude in national polls and made donors nervous and made some other politicians who were supporting us nervous and there were calls for my head and others, but we had a plan. the candidate was comfortable with the plan and he was comfortable with the team. desantis camp -- i mean, it is a bad sign when all of the news you make has to do with reboots and staff shake-ups. that's generally a sign that your campaign is not on the right track and obviously the polling reflects that. but, you know, at some point -- at some point a rational

question would be, is it the staff or is it the candidate? and you can't replace the candidate so you replace the staff. we'll see if that actually makes a difference for desantis, but he's got deeper problems than staffing. i think he has message problems. i think he has performance problems and i think he has failed expectation problems and we'll see if he can come back from that. >> i don't know if it was the slogan that you came up or maybe someone else, the no drama obama campaign. i wonder if there will be slim chances or tough chances desantis. >> it's hard to rhyme. >> it was very hard to rhyme, david, which was our problem here. >> i think that re-boot ron is the way i refer to him, but yeah. you were going somewhere else. >> no, that was it. it does peak, you get to the

point here which is that the john mccain campaign that you ran against they changed. you can do this. it can be okay. >> yes. >> john kerry did it, as well. >> but a campaign that is winning, that is going well never changes campaign managers. >> yeah. the difference is that john mccain knew who john mccain was. they were tactical and maybe some strategic issues and john mccain knew who john mccain was and he was comfortable in his own skin. the problem for desantis more than any other is he seems to be calculating all the time what the right political maneuver is in that particular moment. i mean, it took him months to acknowledge that trump lost the election and even then, he didn't really answer the question which is 70% of republicans believe the last

elections was fraudulent, and do you agree with that? do you believe that the election was stolen from trump? he never got to that, but he's always dancing around and shifting his messages, and he looks like a politician making calculations. donald trump does not look like a politician. they think he's the leader of a movement and stands apart from all of the b.s. of politics and they come to him because of that. >> it's good to see you, david. thanks for coming in. >> always good to be with you guys. thank you. coming up for us, a wildfire fueled by powerful winds is wreaking havoc in hawaii and we have heard reports of people jumping into the ocean to escape from the smoke. >> one winner, 1.58 billion reasons to not go to work k aga.

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happening, a state of emergency in hawaii. new video shows wildfires moving quickly across western maui. hurricane-charged winds are making it nearly impossible to battle five separate fires including one that did move through a maui neighborhood. 911 service and cell service has gone down in parts of that island. officials describe a dire situation as hospitals are overwhelmed with patients

suffering burns and smoke injuries. kate spoke to a man who shot video of a fire encroaching on his west maui town. he described it as a wall of fire engulfing buildings on both sides of the street. he said he does not expect his homes to survive. >> one of my houses definitely caught fire. the other houses are each a block away, and i did not see them burn, but i recognize there is a very good chance that they are not there anymore. both of them were completely covered in smoke, and after i started to evacuate, i went back to just check to see if the house was on fire or not. it wasn't, and i was standing at the street looking at my house and i couldn't see my whole house and the smoke was coming from another property. it was a few buildings away and

then i went down to front street right after that, and wanted to check on my gallery. i've had a gallery in the center of front street for 23 years, and as i began walking that way, the -- there's a historic building on front street and dickinson, the old baldwin house, and the roof was on fire and i started taking a video of it and i was amazed that there were no fire trucks there, and then as i turned and looked down front street, front street exploded in flame? just remarkable pictures there, and earlier we also spoke with a hawaiian official who told us that these fires are not at all under control. cnn's derek van dam is with us now. not at all under control. what hope is there to turn the corner with these fires?

>> well, we've got a tough 12 hours ahead. winds are gusting to 66 miles per hour within the past hour. so clearly, still funneling and fueling some of these flames. so what you're looking at and the video you saw directly before me is from la haina, on the western side of maui. you have to understand that this is the economic hub of maay and this is where residents live and this is where tourist goes to vacation, you know, with 20% of the island without power, this is a significant, significant event for the island of maui and it's also hawaii. we've heard emergency declarations issued by the lieutenant governor of hawaii, from that burn scar or this hot spot on the satellite imagery. you can see the direction of the smoke. this is showing you how strong the winds actually are.

what's taking place here? why are we getting the strong winds over the hawaiian island? it is the high pressure squeeze between passing to the north and that's hurricane dora and it's putting the squeeze on the hawaiian islands and what that's doing is creating wind gusts in excess of 80 miles per hour and that's e kif give lent to a hurricane and it's for the entire hawaiian island chain and similar to what we experienced in southern california with santa ana winds. we are having this wind come up and over mountaintops. very simple, thermo dynamic processes at play here as the wind rushes over the mountains and through the canyons. it dries out and heats up and it increases the wind and until the hurricane and the high pressure moves away from the hawaiian islands, we will see the dry, hot winds that create these timber box conditions continue. john? >> a tough 12 hours ahead, derek van dam, thank you very much.

>> kate? >> coming up for us, president biden taking his bidenomics pitch out west and he's in new mexico as he continues his three-day tour and what he's going to be pitching today. >> and democratic senator dianne feinstein is back at home after a fall that sent her to the hospital. those details ahead. let innovation refunds help with your erc tax refund so you can improve your business however you see fit. rosie used part of her refund to build an outdoor patio. clink! dr. marshall used papart of his refund to give his practice a facelift. emily used part of her refufund to buy... i run a wax museum. let innovation refunds help you get started on your erc tax refund. stop waiting. go to innovationrefunds.com you really got the brows. ♪ i'm currently out of the office... focusing on a little blue-sky thinking. i'll be taking meetings... with family and friends. and checking voiceil...

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so we just learned that democratic senator dianne feinstein is at home recovering after suffering a fall that led to a brief hospital stay. cnn's lauren fox joins us now with the latest on this. lauren, what have you learned? >> yeah. senator dianne feinstein suffered a minor fall yesterday in her home, and this is what out is telling us today. sent it says senator feinn briefly went to the hospital yesterday afternoon as a precaution after a minor fall in her home. all of her scans were clear and she returned home. so she is no longer in the hospital, john. i think it's important to point that out, but this comes as there have been a series of barrage of questions about senator dianne feinstein's health on capitol hill. remember, she was hospitalized in february because of complications from shingles and

she was away for several months and when she returned there were some democrats that called for her to resign. we should also note that she has suffered a few moments of confusion here on capitol hill including one back in july right before lawmakers left for a month-long august recess in which she was as part of the defense appropriations mark-up and they were voting to pass that bill, and she thought that they were perhaps discussing more why they supported the bill. she started to read a statement. her aide told her just to vote aye and you can hear patty murray who is the chairwoman also telling her just vote aye which she did a few minutes later and it was a confusing situation and there have been a lot of eyes on senator dianne feinstein on capitol hill. she's 90 years old and the oldest member of the u.s. senate and obviously, she is now back home after suffering a minor fall yesterday. john? >> lauren fox, obviously, people

watching this very closely and her vote on the judiciary committee is crucial for democra democrats. >> kate? >> president biden continuing his three-state swing out west and he's speaking in new mexico as climate activists are pushing him for more urgency. cnn's jamie diamond. >> today it's about clear energy manufacturing and other manufacturing investments that the president are going to say are spurred on by the chips and science act which celebrates its one-year anniversary since being signed into law today as well as the inflation reduction act which includes the largest-ever investment in combatting climate change. the president will do this in a groundbreaking of a wind tower manufacturing facility in albuquerque, new mexico, and he'll pitch it as part of these billions of dollars of investments that we're seeing around the country in manufacturing as well as in the clean energy space.

now this is part of a broader effort that the president is undertaking during the three-state swing to talk about what he has accomplished in term of his legislative record and on the economy and the climate specifically. the president this morning, an interview aired this morning on the weather channel in which the president was doing that very job. talking about the $369 million in investments and talking about his efforts to spur on electric vehicles and in doing that sales pitch the president got ahead of himself claiming that he had declared a national emergency, which he has not. >> are you prepared to declare a national emergency with respect to climate change? >> i've already done that. we conserved more land and we joined the paris climate accord and passed a $368 billion climate-controlled facility. we're moving.

it is the existential threat to humanity. >> and when the president was pressed again by that interviewer on whether he actually has declared that national emergency he said, quote, practically speaking, yes. but the reality is the president despite calls for the president to declare that national emergency, he has not done so and that declaration is a formal step that the president could take that climate activists say would unlock sweeping authorities including being able to restrict certain exports of crude oil outside the country. it would also allow the president to stop some oil and gas drilling on federal lands. so that is a step that he has not taken that climate activists would like to see him take. beyond that, of course, the reason why the president is talking up his aks on climate. we know that climate is a motivating issues for young voters in particular and the, and they're trying it support

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♪ i gotta good feeling about this, yeah ♪ ♪ i'm with it ♪ ♪ i gotta good feeling about this ♪ ♪ yeah, ♪ ♪ so let's get it ♪ ♪ i'm feeling good vibes ♪ this morning cnn is getting a rare look inside the trenches of southern ukraine. the front lines of some of the fiercest fighting of this war is taking place. the exclusive footage was shared by the ukrainian military and highlights the grim job of gathering bodies of those lost in battle. a warning, this is graphic video.

our nick paton walsh has the story. >> even saving the dead can be lethal work. it is dawn and freshly overrun russian positions on the southern front where the assault on trench networks are spread out in the open. this is rare footage letting us see the point of view of a ukrainian soldier and body collector. his unit tasked with bringing back the fallen, their own, but also russian dead. this ukrainian body seeming to have almost melted into the ground. the heat speeding up decay, another factor in this grim, gloomy work where they're often guided to their target by the smell from which the masks aren't enough. [ speaking non-english language ]

>> russian drones see them and they watch them back. >> anti-drone rifles, a modern twist in trench warfare from the last century. it is exhausting work while troops here focus on survival and taking cover, vladislav and his team must carry these heavy and vital burdens where they can bring closure to the grieving, the chance of burial and a good-bye. a week earlier in another part of the trenches where the fight is clearly being ferocious, they have western-supplied armor that has been torn apart.

[ speaking non-english language ] ? ukrainian remains found, but the shelling is constant. [ speaking non-english language ] >> the search, however, in these captured russian positions is cautious, probing each spot for mines. [ speaking non-english language ] >> for the men, holding their position day and night, the body collectors are a welcome relief taking away the reminders of how close death is. [ speaking non-english language ] >> the rugs russians still looking for targets among the men rescuing russian corpses. [ speaking non-english language ]for targets among the

rescuing russian corpses. [ speaking non-english language ] >> it is the work nobody ever wanted to do, out, exposed in the open as ukraine prays for a breakthrough. now we finally see vladislav's face and the moment when they know they've survived. [ speaking non-english language ] >> the relief they feel here nothing compared to the families that may feel some less agony and closure from the cargo they return home. nick paton walsh, cnn, zaporizhzhia, ukraine. >> indeed, the agony of war. thanks to nick paton walsh for that. kate? >> yeah. up next for us, a bird's-eye view of new york's beaches. why officials are enlisting drones now to patrol the waters after a rare shark attack. we'll be back. meats fresh.

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officials in new york are using drones now to scan the waters for sharks after a rare attack just happened. a woman was bitten on her leg by a shark on monday at rockaway beach. the first such incident there in 70 years and that is where cnn's me miguel marquez is today. miguel, what are the drones doing and what are you seeing today? >> they are watching for sharks and i am braving the water now because the water is open again. the swimming is open again at rockaway beach. this is the very beach where the

65-year-old woman was bitten by the shark, but you can see there are's lot of people on the beach. the beaches are open, but swimming has been closed up at various points. they opened it up today. they had drones and the fire department had a boat and about 11 miles of beach to look for sharks and they're doing it at state beaches and other beaches around the city, but you know, look, today this morning you can still see there's a lot of birds out there. they are diving into the water, fishing for food. that is the first sign that if you are out there either on the surf board or swimming that it is possible that there could be sharks or other predators out there. this woman who got bit, she was at this beach. she was out in probably waist-deep water and it bit her on the back of her bad thigh, very, very badly they were able to get her to the

hospital and she'll make a recovery. very scary moments. so new york city now watch ing the beaches carefully. if they see something out that will appears to be a shark, they had two sightings east of where we are. they had a confirmed sighting yesterday. so if they see something, they will shut the beaches down or swimming down for an hour or so and give the all clear. and people can go back in the water. >> it looks like a beautiful day out tlp as long as you're safe, you're looking good, my friend. but i was going to say, are you wearing jean shorts? but we can get into your fashion choices later. you just stay right there. you be you. >> the drone is take ing pictur

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we want ed to update you on the outrage surrounding the treatment of baltimore orioles announcer kevin proun. he's not been on the air for weeks. listen to the chants at camden yards last night. "free kevin brown." >> so the fans are chanting "free kevin brown". now brown has been missing from the broadcast for a few weeks reportedly his apparent crime was noting that while the orioles are really good now, they are in first place, they had seasons they played really badly, especially tampa, which was true. they stunk. but now they are good. and that should make baltimore fans and baltimore owners happy. but reportedly, the owners were

not happy to be reminded about past troubles and that led to brown's absence and the "free kevin brown" chants. congratulations to the owners for turning a successful uplifting season into a story about rich owners making apparently capricious decisions censoring speech. way to go. brown will reportedly be back in the booth on trid. it really will be interesting to see if the ownership here apologizes. one ticket and one big jackpot, $1.58 billion, that's 1 person who won mega millions, which means millions of people did not win. if you happened to buy a ticket in neptune beach, florida, maybe you're smiling today. let's go to carlos suarez to find out about the winner. >> reporter: john, i am one of

those folks ta played yesterday and i'm here. i didn't win. we don't know a whole lot about the person that won this mega millions jackpot. folks that win the lottery in florida have a few months to come forward and claim all of that cash. but at some point, we are going to learn who this person is because florida law says that you have to disclose their name publicly. you have to say in what city the winner lives in. as you said, the winning numbers last night were 13,19, 20, 32, 33 and 14. that jackpot, a lovely $1.58 billion. for that one person up in the jacksonville area that won this prize money, if they take that one-time payment, we're told that is going to be $783 million that goes right into a checking account and some sort of investment fund.

we're foltold the winning ticke was a quick pick so that person decided to let the machine make them a pretty rich person. the last time someone won the mega millions was back in april. that amount of money just kept rolling week after week after week. now we are outside of a convenience store in hollywood, florida. and while no one here won the exact jackpot, there was one $2 million ticket sold here. the person here was able to get 5 out of the 6 numbers. the last time joined you guys, i got grief saying the person that won that $2 million is going to have to think about the fact that they were shy by one number, but here we are. >> great to see you. thank you so much for being there. and thank you for being here for the end of the show. >> you punched me in the face. >> that's not happened. >> there's the