category two, winds between 96 to 110 mph. failures. category three, storm becomes a major hurricane, with winds between 111 and 129 mph, and can lead to devastating damage to buildings. category four hurricanes produce winds of 132 to 156 mph, enough to caused catastrophic damage to roofs and exterior walls and power cuts that can last for months. category five hurricanes, wind speeds in excess of 157 mph. this will cause catastrophic damage to entire homes and buildings too. affected areas will become uninhabitable. destructive winds and torrential rain. this looks like a hurricane. in fact, it's a typhoon. it was slamming into china's guangdong coast in august. the reason for the similarities that hurricanes and typhoons are the same in everything but name. earlier on in the programme we looked to do a fascinating research project in place in the caribbean. this was true caves through the use of stalagmite. we have not yet revealed what you have found out through the study of what is happening with the stalagmites. what hav

this, is what a category five hurricane leaves behind.ean paradise to ruins. it's just gone. what you do now? i don't know, i'm just waiting to get evacuated from here, and then i'm going to come back, and try and salvage something and help, i don't know. my whole life is here, so... it wasn't just barbuda. know. my whole life is here, so... it wasn'tjust barbuda. irma caused extensive damage here in the british virgin islands, plus at saint martin, said bat, anguilla, and the turks and caicos islands. after briefly weakening, irma was back to category five strength with winds of 160 mph. as it made landfall in cuba, creeping along the island's northern shore, for most two days. as irma was hitting cuba, i was in the united states, which was waiting for its second major hurricane in as many weeks, and this time, the target was florida. hurricane is battering cuba, around 300 miles to the south of us, and even here, you can feel the power of the storm, that's how big it is. irma's florida la ndfall that's how big it is. irma's florida land

as a category 1. it is going to be a wet hurricane bringing a lot of rain to an area that has already been saturated. if you have travel plans to the southeast certainly on sunday and monday check -- especially atlanta and florida.>>> for the rest of us we get into a red flag warning. sunday night into monday. it will be the strong winds. late sunday night early monday as high as 55 miles per hour. it will be warmer as well. those of the two big weather stories. he will give you the specific forecast for your neighborhood and all the events going on this weekend as well. >>> one of those events the blue angels. the are back in the bay area. the main attraction of fleet week. >> thousands of people gathered on the marina green to see the blue angels along with navy seals. jumping from plains. there was also the parade of ships in the air force viper demo team. it is always the blue angels the get the attention. >> it brings up a little boy in me when i hear those jets flying. the noise and the power. i

patti ann: is a category one and they had a might strengthen to category two but now they are saying it doesn't look like that will happen. >> no, that won't happen. is actually going to lose intensity coming up and so far about 85 miles an hour. patti ann: right. not as bad a wind event but once again, a water event. that storm surge warning from grand isle, louisiana to walton county in florida and the storm surge or be prepared and are beginning more prepared for these now? >> yes, we had a large storm surge of pensacola but in katrina came in with a nervous storm surge in 2005 up to 32 feet and he won't see anything like that but people are more familiar with it and after all this is one of the major tracks hurricane that hit the red states and it goes up the coast and people have to expect the sort of thing but some of the [inaudible] get larger surgery there but overall it's not a store but we have to be careful. patti ann: it has been a pretty bad hurricane season so far and we had years of relatively calm and what you make of all of it? >> we were almost lulled into thinking

director captured ben rocks has won a student academy award in the short narrative international category. the film that impressed the jury in los angeles was her graduation project for the hamburg media school. i had just done my taxes i was scanning in some receipts and the telephone rang in the other room the display said it was beverly hills calling so yes that was the famous call from hollywood. the film is based on an incident in kenya in twenty fifteen catch a bedrock read a news item about how muslim travellers have protected christians from a terrorist attack this is the german students research the subject for months and then shot the film on location together with the kenyan film same catcher ben rot and. the writer and editor faced lots of competition for the student academy awards over fifteen hundred entries in four international categories. students from the hamburg media school have already won that farai academy awards and many other accolades. for a fistful of gold is the second german we're not yohannes prices our documentary deals with illegal gold mining in ghana and

that is the category. so, it's on the face of the record the court had the formulation and gross that no power could impose a sentence. so with things not curable. >> no power only because it was not expressed that way. >> it's just how this plea agreement is properly a -- were talking about a forfeiture rule. here they concede that the plea agreement does not explicitly waived the defendant's right to appeal his conviction the only question is by operation of the plea itself and they would say no there is a category with cases that are not waived. >> this does not seem to be very helpful for the reason i pointed out. if it can be waived in there's power to do it. >> it has to be reformulated in another way. >> so where the formulation of that valley conviction against him. >> where the claim is is that if -- this is basically what is reserved. the intolerant line of cases say you do not have to waive everything, you can actually concede something. that's the first amendment or fifth amendment. but you can

they thought today would and category 2. it broke down to a category 1. it looks like it will stay category 1 and move on up. again east of here, the storm surge could potentially go up to 11 feet. we'll see what mobile bay receives. and the mississippi coastline, the low-lying areas, they could be having some serious situations. kellyanne: we havsituations. kelly: we have to keep ourize on ways east of you. patti ann: we are joined on the phone by the communications director, mike steel. thank you for being with us. we have been running video of from casey stegall from grand isle, louisiana where the flooding looks quite severe. >> we feel like for the most of part we have been blessed with this event. we continue 24 hour coverage in our state emergency operations center and that will tint next day or so. the governor's office and homeland security serves as coordinating agency for the resources. that surge threat that you have guys have been talking about is our biggest concern as we continue to watch this storm. some of that flooding in grand isle, nor

you hit category 2 at 95 miles-an-hour. we are not far off. this is a strong category 1 storm.st at 26 miles-an-hour. often times we talk about these moving closer to 12 or 13 miles-an-hour. so this is a quick-moving system. it is going to run over some warm water. it's been hanging out over warmer water. that's what energizes these, that's what fuels them. we will see it climb up from cat 1 to cat 2 because the fuel is there, all the heat you need. spinning still well off the shore as it lifts to the north, it will likely become a category 2, just before making landfall. that's going to be taking place at 11:00 tonight. you will start to see the impacts along the gulf coast, a couple hours before that, and then it will linger here for a little while before eventually by early tomorrow morning moving inland a little bit. very quickly falls apart once it moves over land. still a system that you will be paying attention to but no longer a hurricane by early tomorrow morning. that's something we will be watching. now, here is an hour by hour forecast, pay attention to your time st

it's expected to become not just a category 1 but a strong category 1. national hurricane center says there's a 50/50 chance that could become a category 2 hurricane with winds up to 100 miles per hour. we'll be watching this very closely over the next 24 hours, expected to make its way p.m. and so right in this area, it may continue to strengthen. in this area is where we're really watching, just to the east of new orleans. new orleans under a hurricane warning. i'm not too worried about new orleans now. that's good news for them. it's going to be around this area, around the mobile bay area. this area very prone to storm surge flooding. they're under hurricane warnings, under storm surge warnings. storm surge could be five to eight feet. that could be another area that's very hard hit from this storm. for us, watch what happens next, after the storm moves up. right across our region here. again, just south and east of this. this is where the track goes north and west, this is where the strongest winds would be and where some of the heaviest rain would

we are asking everybody to be prepared for a category 3. the storm will continue to strengthen, obviously. before removing to is limiting its ability to draw that energy from the warm waters, and that is a good thing. the other good thing it is going to hit and move through our area at a relatively fast rate, limiting the amount of time that it is going to drop rain and so forth. this is a very dangerous storm, nonetheless. important thing i am going to share with the folks of louisiana today, because of that 26 mile per hour forward movement of the storm but we are moving up the timeline we initially gave you. we are strongly advising that everyone be where they want to be to ride the storm out by 3:00 p.m. by that time, they should be properly supplied and have what they need to make it through the storm. advise everyone who is in a mandatory or voluntary evacuation area that has been called by their local authorities, every area that is under evacuation order, there is a shelter open in your parish. if you have any needs related to trans

it's a category one storm. with the falling pressure we're seeing the huge wall of water, wave heights are approaching 20 feet in the central portions of the gulf of mexico. we have this wall of water, what we call the storm surge anywhere from five to ten feet about what is known as the high tide levels. all the water will pour into the central portions of the gufer coast states -- gulf coast states. the buoy i'm zoomed into is the gulf shores of mississippi. we're seeing waves 6 feet and gusts up to 22 miles per hour. the bulls eye in the middle of screen is moving toward the coast in the next 12 to 24 hours. maximum sustained winds 25 miles per hour. the wind field with the storm is small. it's not as big as harvey or jose or hurricane irma it will come in west of mobile. hurricane warnings in effect through gulfport and pensacola, florida where some of the worst conditions from the hurricane are going to start being felt in the next 12 hours. heavy rain a storm surge of 5 to 10 feet above normal. winds up t

this is a look at the category one storm right now, expected to strengthen to category two perhaps. fake outer bands are already whipping states like mississippi and louisiana. those places will likely see heavy rain and storm surges. 13 million people along the gulf coast are in the storm's path, twice that many feeling it's impact. jay gray has more from mobile, alabama. >> 11:00 tonight for a potential land fall. >> reporter: nate now rushing across the warm waters of the gulf, building momentum, intensifying as it barrels toward the coast. 28 million or more from florida through louisiana expected to feel the effects of the storm. >> no one should take the storm lightly. this is proven to be deadly. >> it's going to hit you hard and fast. and if you're in the way, you're not going to be able to get out of it zplr the system is being blamed for more than 20 deaths as it ripped through central america as a tropical storm. by the time it makes land fall along the gulf coast, forecasters say it could be a category hurricane. those in the strike zone have been preparing for the last

and this category is an entirely epic category. whether the defendant is saying, regardless of the procedures used, regardless of the evidence, i cannot be validly convicted of this crime. >> what about -- >> your definition is what this dr. would hold your saying if, if the constitutional violation is not clear on the face of the admission? >> yes that is clear if it is not clear on the face of the record at the time of pleading guilty.that is what they use in justice kennedy's opinion where the court said this category of rights is where the formulation uses, where the court has no power to impose to enter the conviction imposed -- >> let's go to the standard charge which would be, crimes committed on 1991. continuing conspiracy crime, the defendant pleads guilty. and says, yes, i did the crime and 91 and participated in the conspiracy. that is all he or she says. why would not this be subject to the blackledge line of cases where would it be? >> i am sorry your honor. with the defendant debbie saying it was unconstitutional on a

that category of rights are the category of procedural and evidentiary preventions a defendant would be entitled to if he went to trial but are foreclosed once the defendant pleads guilty. the blackledge category is a entirely separate category where the defendant is saying regardless of the procedures used and regardless of the evidence amassed, i cannot be validly convicted of this crime. >> what about the limit to your definition of what this doctrine would hold, you're the constitutional violation is not clear on the face ofed admission? >> that's right. if it's not clear on the face of the record at the time of pleading guilty, that's the part the court used in justice kennedy's opinion for the court where the court said this category of rights is where the formulation brose uses where the court has no power to impose -- to enter the conviction or impose the sentence. >> let's go to the standard charge which would be a crime , committed on 1991 substantive crime and continuing conspiracy crime. the defendant pleads guilty and aid yes i did the crime in 1991 and participated in t

the coast of cancun mexico and is gathering strength full cost as expect the storm will become a category one hurricane before hitting new orleans on saturday and sunday which also woman is from the center for severe weather in the u.s. he says nature is unlikely to be as devastating as hurricane katrina which hit new orleans in two thousand and five. now it is already picking up strength and it's almost at hurricane strength probably by tomorrow morning in the united states it will be a hurricane and it will be a probably a category one hurricane maybe a category two hurricane as it makes landfall anywhere between louisiana and alabama and about twenty four thirty six hours that's wise in a very vulnerable city a very low lying city like new orleans to take precautions when a tropical storm or soon to be hurricane is coming their way that said name is very unlikely to be as intense as katrina katrina was a very large storm it was also considerably more intense than it is likely to be but since it's a weather forecast we don't really know exactly there still is a chance maybe it's a ten p

he's had failures, but for multiple categories he's shown he could grow businesses and develop categoriesver time and i think he'll be successful there, as well >> karen, is walmart doing enough to stave off amazon here, the stock price that we see the move today, mark lore and what we've seen the stock do year to date is that enough >> absolutely it is. also keep in mind they have ten times the number of stores, bricks and mortar, that whole foods or amazon with whole foods now has. as doug outlined in his prepared remarks, they get two times the customers who shop in the store and then become e-commerce customers and these same customers spend more in the store after they become e-commerce so it's not that you're losing sales to e-commerce at the expense of bricks and mortar >> all right, guys, lady, excuse me, thank you. take care, good to have you on >> thanks. >>> switching focus. at least ten dead as wildfires spread across northern california's wine country, forcing thousands to evacuate, while destroying hundreds of homes and businesses our aditi roy is in santa rosa now with the

i'll give the photography category to mike here. think mike knows how well he did on that run. >> unsung heroes of the action sports world, right, the photographers that capture it all.

we were not talking about a major category 4 or 5 storm.s a category one storm it is strong winds circulating around the center of the storm, but not a catastrophic hurricane bearing down on the gulf coast. the center is 100 miles east southeast of new orleans. the bright reds indicate that the storm is getting better organized. it is moving over warm water. there's the chance it could further strengthen over the next 24 to 48 hours. the spaghetti plots take this over mobile, alabama. it would put the worst storm surge over the panhandle of florida. it goes over the spine of the appalachians, over pittsburgh, monday and tuesday, it will pus you tell on the southeastern part of the storm. hurricane warning is in effect for new orleans east ward through gulfport and mobile alabama. and translate into watches in pensacola and further east. this area will see one to four feet above normal high tide levels, this is an area that will see a tremendous amount of rain, anywhere from 5 to 10 inches of rain. the saving grace, the storm is zipping on b

it is a category 1. might have thought it was a 2, but it is a 1. it made a second landfall at biloxi, mississippi, pushing through with sustained winds there of about 85 miles per hour or 137 kilometers per hour. the storm made its first u.s. landfall saturday in southeast louisiana. the mouth of the mississippi. >> category 1s are not as strong as, you know, it was feared it could have been, it could have intensified. but 85-mile-per-hour winds -- >> still up there. >> nothing to sneeze at there. the storm, as it pushes inland, still a great threat of tornadoes throughout the region. storm surge also a big worry along the coastline. more than 36,000 homes across florida, alabama, and mississippi are without power. and some areas could get up to ten inches, that's 25 centimeters of rain. you can see just how high that water is already rising here. these firefighters wading through water at the hard rock hotel and casino, that is near biloxi, mississippi. >> mainly in the parking garage, we don't think it will breach the actual casinos. >> important

in the category of cases around 10 to 15%. an appeal is taken. the large mashlgty of those cases are involving an alien who loses and takes his own appeal. to the extent the court was misinformed about the statistics it's really in a category of cases where it's the ayen aliens choice that causes a further stage of the proceedings to be triggered. that's not saying the alien is at fault. the court should use the same method as it does under the speedy trial act. in determines whether delay has been undo. the court focuses on the reasons for the delay whether it's a attributable to improper act by the government. opposing counsel says really the constitutional dispute is to the a rooifi arriving aliens crystallized. >> thank you, counsel. case is submitted. >> we hear the human stories and constitutional drama behind 12 frequently cited cases heard by the high court. landmark cases live ob on c-span. beginning in february. >>> chad readler was justice department civil division talked about the clause. and the role of the constitution. mr. reader p

the category one storm has now made a second landfall.made its first landfall near the mouth of the mississippi river. the effects will be felt all the way from louisiana to florida. officials expect dangerous storm surges. they've already seen some of that. also falling trees and downed power lines. more than 7,000 moments are without power in alabama at the moment. nate has carved a power of destruction killing at least 28 in coast rica. and in puerto rico, hope is in low supply. >> weeks after the hurricane, life here comprised of waiting in line for one service or another. at 8 a.m., the line for ice is two blocks long. >> reporter: i was talking to this family. they were telling me they've been here since 1 a.m. the plant official was supposed to open early this morning but that has yet to happen. and also there's been a 20% increase for the price of ice. >> and this woman came to get ice for her epileptics sister. she was turned away because she didn't have medical document tags. we asked why costs have gone up? she said because cos

in the end, it was a category 1. still, you were rocking and rolling as we were, because it was not just the way the water was falling out of the sky and the wind was blowing, but also the way that the gulf of mexico decided to take up residency on the shoreline here, especially on u.s. highway 90. that is one of the great concerns they have had because they knew that that highway, such a thorough fare, east and west, it would cut off a major route. there was also flooding in the casinos here in biloxi. three in particular. the hard rock, the imperial, and i'm going to lose my thought on the other one. but the golden nugget, thanks very much. the good news is that it looks like the water got primarily into the parking garages and into the public spaces, so that's the entryway areas, the ones closer to the ground. however, we're being told there was no flooding in the gaming area. so that's good there as well. there was one dynamic rescue in harrison county. a family in a car that turned in some water, they used a hig

the immigration judge didn't apply the category kal approach. which has been determined to be the right way to look at crime involving moral turpitude. >> thank you, mr. needler. >> thank you cheeief justice. let me begin with justice gor such's central point. this is not a job that congress can appropriately delegate to the courts, into enforcement officials on the ground, congress has written a statute that makes it impossible for ordinary citizens or for law enforcement or for immigration officials to figure out what the law is in congress's el gaited the function to them. it is done it with two features that this court described as dooming the act of resid chul clause. first the piece that most concerned the court. court said was most important. hypothesizing the ordinary case of a crime. and estimating the risk associated with that hypothesized version and whether that meets some vague standard. the government warned the court in johnson section 16 b was equally sus settable to challenge. the government was right then. and the differences i

it's not a category three, 4, 5 like we have seen. it has its own set of problems. >> it's a cat fwoir one people think it's not dangerous. it is. we're talking about dangerous storm surge. tornado warnings. and we're talking about an increase in the winds speeds over the next couple hours. it is a category one and made land fall already, first land fall. there's a chance it could make a second land fall at the coast of mississippi. it is a category 1. about 85 miles per hour. it's moving north about 20 miles per hour. so this is a fast moving storm. which is great in terms of the rainfall. it's not going to give it a long period of time to continuously pour rain over the area. alistening the coastline, we're seeing the biggest threat of the storm surge. anywhere between 7 to 11 feet above ground level. all the low lying areas are at an immediate threat. tornado warnings throughout the area. right now the current time line has hurricane nate pushing through north at about 20 miles per hour. making its way through alabama. possibly mak

this is a category 5 which few people have even heard of. a category 5 hitting land but it hit land and boy did it hit land. so i want to thank you, when to think a line. elaine, thank you very much. you have been incredible. elaine duke, acting secretary. dom, great job. to all my people, i have to say general buchanan got here a few days ago and no doubt about it you are a general. there is a reason you are a general, right? i said, give me a general. i'm one to have a general who plays games and you have been a great general. the whole team is amazing. the governor, who i did not know, i heard very good things about him. he is not even from my party and he started right from the beginning of appreciating what we did. he was tremendously supportive and he knew the level of problem that you had at the beginning before in the level -- what happened with the tremendous storms that hit your beautiful island. mr. governor, i just want to tell you that right from the beginning this governor did not play politics. he did not play it at all. he wa

it's a category one storm racing on by to the northwest at 25 miles per hour. note the wynfield -- note the wind field, it's a small impact storm. forecasted to make landfall around midnight tonight as a category 1 winds 80, 85 miles per hour. with that said it will produce a five to ten foot storm surge for places like mobile alabama and alabama/florida border. it will be a dangerous storm, it will not have the impact as some of the bigger hurricanes we saw earlier in the season produced. when i come back we'll look into the track of hurricane nate and what it means in our neck of the woods sunday and monday. >> we look forward to the update. folks along the gulf coast continue to protect their property boat owners are taking the extra step necessary, those living in the coastal parishes of louisiana have been told to evacuate their homes. the entire gulf coast region bracing fortunate's arrival. it's expected to make landfall sometime tonight. the city of new orleans keeping a close eye on the storm because of the city's fragile pumping system. louisiana has

it was thought it may come in as a category two, in fact it made landfall as a category one. the explosive deepening that sometimes happens in the gulf of mexico when these storms hit hot water, warm water, has not happened with this storm, partly because it is moving so quickly. it is like it is on rails. at least 25 people have died in costa rica, nicaragua, and honduras. in costa rica, 400,000 people were reported to be without running water. scenes like these have become all too familiar in the last few months. after back—to—back hurricanes, people in the caribbean are left without homes, power or clean water. visiting the islands to see the damage for himself, the united nations secretary general had a stark message. it is horrible to see a paradise island like barbuda transformed into hell. is the scenes that we are seeing more and more. and increasing intensity of hurricanes with an increased frequency and devastation. the origin is clear — we are facing the consequences of climate change. and for those facing the immediate impact, all they can do is watch, wait and re

hurricane nate is category one storm but it does have that potential to possibly even strengthen into category two before it does make this landfall but it is nearing the coastline to center of circulation or the eye of hurricane nate is just to the southeast of southeastern louisiana. it's motion is mainly off to the north it could jog a little bit to the northeast as we head into the next several hours. landfall along the coast gulf anticipated overnight tonight. winds right now at about 90 miles per hour strong category one system if it strengthens to 95 miles per hour that would make nate a category two hurricane that motion off to the north at about 23 miles per hour at its fastest and last 12 hours nate was moving with forward pace at 28 miles per hour. making it the fastest forward motion of a gulf hurricane on record. so it is trucking again expected to make landfall as we head into the overnight period. we'll eventually weaken move up into the tennessee valley and as we head into the early part of next week, natasha, we will see some impacts from nate mainly in the form of a

this is some good news, nate is still a strong category 1, but its chances of becoming a category 2 beforeall are dwindling. dry air is starting to infiltrate the system, and that's great. we don't want to see it be stronger. before it's moving around 23 miles per hour, it can intensify. they don't like to move this fast. hard to see the eye on satellite, you can. we're within 50 miles of the mouth of the mississippi. most of the winds and wind damage will be east of that on this coastal area. there will be some stronger gusts, you take 90-mile-per-hour winds and couple that with its movement at about 23, 24 miles per hour, there will be some power outages. the biggest threat now with the exception of a few isolated tornadoes around panama will be the surge. anyone along the track around alabama, georgia, could have power knocked out and flight delays in new england after the weekend. but let's talk about the surge. most places can handle three and four feet. but when you get to five or six or even more, that's going to be an issue. and that's a concern for all of those areas that we're go

nate is a category 1 hurricane right now. it could cause a storm surge of up to 9 feet in parts of alabama and mississippi president trump has declared a state of emergen emergency. hurricane nate the fourth storm to impact the united states in the last few months. what do you make of this. >> we thought it was going to go up to a category 2 at landfall. that's off the table. we're solidly in a category one, it's going to make landfall in the next two hours, join us right here, we'll take you through the landfall of the storm. you can see on the maps, this is the eye of the storm. it's not an irma or maria, this northern portion of the eye right here those are the strongest winds, that's when people are going to lose power in coastal mississippi and alabama. that's going to happen in the next hour or two. we watch this area in bright orange or red. this is the core of the storm. the hurricane force winds only extend out about 40 miles from the center. we're going to keep tracking this. tell people when they need to go into th

now it is starting to intensify yearlong mobile of category one hurricane closing in. >> nate made land fall along the southern edge of louisiana early, crossing over and backing into the the alabama border. >> because this storm is moving so quickly that conditions are going to deteriorate rapidly. >> growing waves pounding the coast from louisiana through the floor panhandle as many as 28 millions could be affected by the storm. for the most part empty. despite early warnings from police. >> it is not mandatory for you to evacuate yet but i highly recommend it because that's my job. >> many making the decision to stock up on supplies. >> i got my food and supply and my generator. >> 14 named storms and nine hurricanes. five of those of mayor hurricanes of category three or higher. >> tonight, a strong reminder, hurricane season continues through the end of november. >> reporter: yes, now this is fast moving system. it is going to intensify over night. because it is so fast t going move out just as quickly as well. forecasters are telling us by sun rise it is going to be clear sky and

kneedler: if category chose to give a category of crimes it thought rose to substantial risk, and -- put peoplen it will in prison, we should not expect congress to specify which laws? mr. kneedler: we think this lot reasonably captures what congress thought gave rise to serious risk of physical force being used. >> did i get correctly your answer to the question about moral turpitude being an alternative the government could pursued? the immigration judge found this -- were grounds we thought not correct because the immigration judge to not apply the categorical approach which had since been determined the right way to look at crime involving moral turbine dude. >> thank you, mr. kneedler. mr. rosenkranz? >> thank you mr. chief justice. man please the court. let me begin with justice justicedust -- , congress has originated a statute that makes it impossible for ordinary citizens or for law enforcement or for immigration officials to figure out what the law is and congress has delegated that function to them. it has done it with two features that this court described as clause.e res

it's still a category one. but what's more interesting to note is it's been very difficult to see an eye on the satellite imagery so we've been looking at radar. and what they are saying right now, they believe we had a landfall near the mouth of the mississippi river. hard to see where the eye is right now even on radar because we just do not have any moisture on the western end or southwestern end of this eye. in fact, faurl right now looks like they're just getting scattered light rain. most of the precipitation is to the north. they here's a live picture of bourbon street. light rainfall. most of the wind are to the east, not to the west. we've been hard pressed to find gale winds. now movement is north at 20. when you lose the bright colors here, ana, you're talking about a system you believe is trying to lose its punch, though we're seeing a little convex, the bright colors, in the core. it's going to be the core where we'll have the stronger winds and where we'll probably see some power outages. but it's

also in deciding what -- what falls in this category, statistics are not the -- the major thing. there are plenty of things to look at, the body of judicial decisions construing the very provision, the background of the legal traditional, which is what this court drew on in -- in leocal, in saying that burglary is a classic example, it's a classic example for the reasons that i just gave. you can look at the legislative judgments embodied in the crime, is the -- is the circumstance when force is not used, does it -- is it like the situations where the elements are -- are present? you asked for an example, i think, of a -- of a crime that would be in under acca and out here. possession of a weapon is one because possession -- inherent in the possession is not the use. there has to be a subsequent act in the use of a weapon. so that's -- that's out here because it's not in the course of committing the crime of possession. we said it was in, in acca, because it is -- injury might flow, and it was actually a pretty good illustration of the difference between the two circumstances. an

people say this is just a category 1. this is a killer storm. it has already caused death in central america. it only takes one tree coming down for somebody driving through a flooded roadway. tomorrow travel can be very, very treacherous. people need to take precautions and ride this out and stay safe. >> do you think people took precautions to evacuate. some people moved into shelters just to be safe. that would indicate they are they took heed to what emergency responders were telling them. >> they have done a good job getting the messaging out. particularly in a storm surge go to a shelter. one of the big services for the salvation army is keeping our homeless shelters open so people who would otherwise have a place to go. kelly: thank you very much for those updates. >> you have to stay focused. you have to stay prepared. this storm is moving fast. it will hit you fast. if you are in the way, you won't be able to get out of it. kelly: that was a stern warning issues for those living in the path of hurricane nate. it's inland now. i'm kelly

that's what you expect in a category 1 hurricane., some trees, some that are weaker that were going to fall sooner or later will come down. still the leaves on all the trees. and also adds a little bit to the damage that will be done. but it will mostly be tree damage. not a lot of structural damage from a category 1 storm. you have to point out we now are watching this northern eye coming on shore. i can zoom in here. we can start to talk about what areas we're most concerned with as far as the highest winds. we're not going to see winds in here that are going to be, you know, like what we saw with irma or maria or anything like that. these winds are more in the range of probably gusts between 70 and 90 miles per hour. here's pascagoulpascagoula. here's biloxi. this bright red will bring with it the strongest winds we've seen with the storm. we haven't heard of a lot of power outages up to this point. this will be the first real strong bands. and if we're going to get those power outages, it's with this band as it's now shifting on

the minor's case, but there is a catego category, between an and a minor. the use of physical force is inherent in the nature of the offense. when the adult, even if the adult is able to get the child to comply without actually using physical force, the threat or possibly for physical force is always present if the child resists. >> the children not being physically forced into sex, but being tricked into it by caretakers or talked into it, et cetera. one may have personal views about whether an adult can ever not be using improper. >> in that encounter, the potential for the use of force, the risk for the use of force is always the same. and whether or not forces used in 25% of the cases, that context is not the relevant. >> it doesn't surprise you the courts below are split on this question. just the way they were. the distinctions to do with the level of offense. particularly when it comes to sex offenses, it's d difficult to say stat choir ra p pe or sexual abuse of a minor because the elements may vary. >> you mind if i take it in a different direction

still a category 1 storm. as it goes over the warmer waters of the gulf of mexico, keep in mind the water temperature here is about 85 degrees. we have fairly calm winds, so we're not looking at a lot of wind shear to tear down the thunderstorms. we're still anticipating the storm to come in as a category 1 hurricane in the very early hours of tomorrow morning or late tonight. you'll certainly feel the impacts sooner than that. and notice the low-pressure system will work its way across much of the east. that's why our weekend forecast will be impacted as well. look at the heavy rain that's expected right in the central gulf coast, especially right along the border into mississippi, florida, alabama, and across much of the midsouth, including tennessee and georgia. as we look at the impacts we're expecting, tropical storm-force winds that will work their way in very soon, storm surge, of course, and rough surf along the coast. phillip, really the big story is the storm surge along the central gulf coast. >> al

this is a category two storm. give us this is a category two storm.o storm. give us mag a sense this is a category two storm. give us mag a sense of what damage you are expecting? what we are expecting, looking at a storm of this type, a 12 foot storm surge is going to have some effect in some other areas, the low—lying areas. more likely we will have some homes with water damage. it is how much we don't know. we are hoping we don't see a lot of wind damage, but after 2005 and hurricane katrina, are building standards when up. we still have some homes that probably do not reach that type standard. so we know we will have probably a lot of homes with roof issues, depending on the true wind speed. we know we are going to have power outages. the biggest thing is that we want every life to be saved and our message to our citizens, our residents and guests, by seven o'clock tonight be hunkered down in a safe location. we will go under a curfew until nine o'clock in the morning and then we can do damage assessment and ensure we get the services back to our

nate is now a category 1. it is expected to make landfall in the southeast possibly as a category 2. the latest on nate's path, strength and timing sglchbl. >>> we begin with breaking news f from london. a car rolled into a crowd outside of a museum. let's go to ali aruzi. pretty frightening times since this developed, ali, what do you know? >> reporter: that's right, alex. at about 2:20 local time, about 9:00 eastern, a car careened off the pavement, off the road into the pavement, crashing into several people. we don't know how many people were hit and how many people have been taken to hospital or the extent of their injuries, but we know this car crashed into a bunch of people. let me set the scene for you there, alex. this is an area called south ken kensington. there's several museums there. on a saturday afternoon in london, this will be teeming with people. families will come, groups will come, many with children, to visit the museums. it's on a major thoroughfare in london. if you follow the road, it

category three status. why? in the resume, you need these high temperatures to fuel the storm and also the jet stream in the region has helped strengthen it and it is a jet stream which will start breaking down as well. at the moment it is category three, the winds just fringing the eastern edges of the zeros and then quite quickly working towards the uk. if i show the track, it remains a potent storm, it gets larger but weakens in strength, going over a cooler waters and the jet stream will impact it as well. into the first part of monday morning we will see it arrive on the south—west coast of the republic of ireland. fight back when we say the first part of monday morning is that the rush—hour, will it be terrible for those in the south west? it will be there, also the winds in the uk, those around the irish sea will see the strongest winds potentially damaging impacts to travel, 70, maybe 80 mph gusts from corn well up to west wales in north—west england, northern ireland and into dumfries & galloway, not ev

nate is rolling towards the gulf coast and it's a category 1 hurricane.approved storm aid for the area. >> cnn's meteorologist chad myers is live from the weather center right now. what's the trajectory so folks know? >> roaring towards the gulf and it's 22 miles per hour. that is a quick clip. that's also some good news because it's not going to spend a lot of time in the gulf of mexico. but bad news, as it tries to push a storm surge out of the gulf coast. dr. michael brand joins us from the hurricane center senior specialist. doctor, as you look at the hurricane this morning, at surge potential, any surprises for you right now? >> well, we're continuing to see nate strengthen. winds at 85 miles per hour. additional strengthening, we could see nate high into category 1 or 2. potentially landfall. but we are very concerned about that storm surge potential especially from the mississippi river to alabama/florida border where we could see 5 to 9 feet of storm surge innovation in these areas. places like gulfport, biloxi, mobile bay and southeastern louisia

don't pay too much attention to whether it's a category 1 or category 2 storm.his storm is generating a very large wind field. the wave height at buoys south of new orleans are very, very high. and all that energy is going to hit the coast and so you're looking at storm surges of up to nine feet in mobile bay. and along the mississippi and alabama coast. and up to six feet all the way east to okaloosa island in the florida panhandle. that's a very significant surge event. people who live in the barrier islands really need to pay attention to what's going on. and at this point, if they're not ready for this storm, they need to leave. >> and that's a warning you're hearing from 35,000 feet above hurricane nate, as well as from officials on the ground in new orleans. rich henning, hurricane hunter for noah joining us on the phone. we'll be right back. and this woman is laughing because she's pretending her boss's terrible story is funny. still actually laughing. no longer making a human noise. experience the comedy, not your commute. dial star-star-audible on your

category is a separate category, with the defendant is saying regardless of the evidence that is amassed, i cannot be validly convicted of this crime. definition ofyour what this doctrine would hold? saying that the constitutional violation is not clear on the face of the admission, -- >> that's right. if it is not clear at the time of pleading guilty, that is the part using justice kennedy's opinion, where the court said this category of rights is where the formulation where the court has no power to impose, to enter the conviction or imposed the sentence. >> let's go to the standard charge, which would be, crime 1991,mmitted on substantive crime and continuing conspiracy crime. defendant please guilty and says , yes, i did it subsequent crime in 1991 and participated in a conspiracy. that is all he or she says. why would this not be subject to the blackledge line of cases? or would it be? then bethe defendant saying it is unconstitutional? >> yes. defendant would have in making the plea have had to admit certain facts that the defendant would have to be contradicting on appeal. we are

gulf coast. >> it is a category 1 storm. it made its second landfall tonight near biloxi, mississippi. its first landfall hours earlier was in southeast louisiana. that's near the mouth of the mississippi river. strong winds and drenching rains you see here. knocked out power to more than 36,000 people in three different states -- in mississippi, in alabama, and in florida. >> so the concern right now, potential tornadoes and storm surge. rising waters have been lapping at casino doors in biloxi and car doors too. it's not the casino that's flooded. this is a parking garage. the public affairs director told us that earlier. but let's get an update on the storm's strength and its position right now. our meteorologist ivan cabrera has not left the weather map all night. and what have we got going right now, ivan? >> well, just compiled some of the wind reports coming out of the storm. we've been saying it could have been worse. storms could always be worse. but this one kiehl actually could have been because there was a big wi