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Anderson Cooper 360 Degrees

Sources: Trump Plans To Surrender Thursday In Georgia, Bond At $200K; Illinois Woman Charged With Threatening To Kill Trump, Son, Barron; California Woman Killed After Argument Over Pride Flag Hanging Outside Her Store; Authorities Identify Suspect In Pride Flag Shooting; Trump Election Lawyer John Eastman To Surrender Wednesday In Atlanta; Biden Visits Fire-Ravaged Maui As Search Efforts Continue, With More Than 800 People Still Missing; Storm Hilary Drops Historic Amounts Of Rain On Southwest U.S.; California Hit With Historic Rain, Mudslides & An Earthquake. Aired 8-9p ET

Aired August 21, 2023 - 20:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

NICK WATT, CNN NATIONAL CORRESPONDENT (voice over): The pit is empty. Well, saved for some symbolic chunks of that first dam that came down.

UNIDENTIFIED MALE: We're hopeful that when the dams come down, that this pen will be full again.

WATT (voice over): Along with the river.

Nick Watt, CNN, Klamath, California.

(END VIDEOTAPE)

BRIANNA KEILAR, CNN HOST: Our thanks to Nick Watt, and thank you for joining us. AC 360 starts now.

[20:00:24]

ANDERSON COOPER, CNN HOST: Tonight on 360 --

Breaking News: CNN has learned when the former president will turn himself in this week in Atlanta, also about new threats against Georgia law enforcement in connection with it and an arrest and a threat against the former president.

Also tonight, there's still dangerous remnants of Tropical Storm Hilary. What more it might do after drenching Southern California and Nevada with more rain than they normally see all year.

And a shop owner in California, Lauri Carleton murdered for displaying a rainbow pride flag. Her daughter speaking out tonight about how her mom lived a life of love and acceptance.

Good evening. Thanks for joining us.

We begin with the breaking news, and there is a lot of it this evening.

First, late word that the former president will surrender to authorities Thursday in his fourth indictment. That's what two sources familiar with the plan tell us. It is just one of a string of late developments kicking off a week in which he and 18 others, these people here all have to turn themselves in.

But it is his surrender, of course, that is generating most of the headlines, including more threats against those handling it. A source familiar with the matter telling CNN, and we're being very careful with the language here, the threats have been made against Fulton County Sheriff's office employees and their homes for their role on Thursday.

That's in the wake of recent similar threats against DA Fani Willis. We learned about this shortly after Mr. Trump's attorneys agreed to a $200,000.00 bond deal. It his is first time paying any money upfront in his four indictments.

The agreement explicitly forbids him from using social media to "intimidate any person known to him or her to be a co-defendant or witness in this case, or to otherwise obstruct the administration of justice."

There is also this breaking item, a new filing from Special Counsel Jack Smith, rebutting the Trump team's effort to push the January 6 trial to April of 2026. We'll have more details on that shortly.

And also tonight, an arrest in Illinois. A woman there charged with threatening to kill the former president and his youngest son, Barron. As we said, a lot going on.

CNN's Paula Reid outside the Fulton County courthouse starts us off. Paula, is it clear why the former president won't just be released on his own recognizance?

PAULA REID, CNN SENIOR LEGAL AFFAIRS CORRESPONDENT: Well, Anderson, down here in Fulton County, the way this works is that first you negotiate your bond agreement, then you surrender, and then a judge schedules an initial appearance for you, an arraignment. That's your first time going before the judge.'

Now, in this case, even though this is his fourth indictment, this is the first time that he has had to post cash bond. He is also subject to a lot of other restrictions that are unique clearly tailored to him, including being barred from threatening anyone else involved in this case, especially on social media, because we've seen him attack judges, prosecutors, witnesses in this case.

And this appears tailored to him because we've seen four other defendants today negotiate their bond agreements, anywhere from ten to a hundred thousand dollars. And while they're also barred from talking to their co-defendants, none of them have this social media provision.

So that's five defendants of the 19 in this case, 14 more to go with these bond agreements.

COOPER: And what more do you know about the threats against employees of the Fulton County Sheriff's Office? REID: Yes, this is significant, Anderson because these are not the first threats that we've seen down here in Fulton County as a result of this case.

Our colleague, Nick Valencia has learned that employees in the Fulton County Sheriff's Office have been facing threats to themselves and their homes. Of course, last week, we reported on how there have also been threats against officials including the district attorney, Fani Willis, and even the grand jurors who voted to indict Trump because down here in Fulton County, their names were published as part of the indictment.

Now we know the FBI is working on some of those threats, but it also appears that today's bond restrictions are part of an attempt to tamp down some of these threats.

COOPER: There was also a new court filing from the special counsel pushing back on the former president's request for a 2026 start date. Jack Smith has asked for a start date of January 2, 2024. What more is Smith saying?

REID: Anderson, clearly they were quite far apart. I mean, the Trump team is asking for a trial date that would be nearly three years after indictment and it is about two years further out than what the special counsel is asking for.

So today, the special counsel had a chance to respond and they accused the defense attorneys of exaggerating the amount of discovery and misrepresenting the facts.

Now, the ultimate arbiter in all of this is Judge Tanya Chutkan. She is a federal judge. She has been on the bench for about a decade. She was nominated by former President Obama.

I've been in court with her on his case, and one thing is pretty clear, Anderson, she wants to move this along quickly, and next week she said, she will set a date for that January 6 trial.

[15:05:10]

COOPER: All right, Paul Reid, appreciate it.

Joining me here, CNN senior legal analyst, Elie Honig; also CNN political analyst, Trump biographer, and "New York Times" senior political correspondent, Maggie Haberman; and in Atlanta, Michael Moore, who like Elliot was a federal prosecutor, in his case, former US attorney for the Middle District of Georgia.

Maggie, I mean, this ruling now from the judge warning about Trump can't threaten anybody a witness. This is kind of an odd line. I mean, he is running against Mike Pence. If he tweets something negative about Mike Pence, where is the line there?

MAGGIE HABERMAN, CNN POLITICAL ANALYST: We are in unprecedented territory, and we have, I think, you know, grown tired of saying that, but it really happens to be true here. I think we're going to find out where the line is, and I think that we, as we have seen with former President Trump over and over again, with his social media feed and his commentary, he tends to test exactly where that line is.

We have seen him do it in the federal cases against him. I think we will see him do it here. But you are right, it is a very broad stroke. And so I don't know quite what this is going to look like. But Trump's lawyers have said over and over is that his free speech rights are being targeted, and he is the frontrunner for the Republican nomination. It's impossible to divorce all of this from that context.

COOPER: Yes. Elie, I mean, he tweeted recently about Mike Pence, you know, calling him "Little Mike Pence" or "Little Pence" and said he's gone to the dark side. That's -- you know, political candidates intimidate other political candidates all the time.

Again, where's the line?

ELIE HONIG, CNN SENIOR LEGAL ANALYST: Well, that's precisely the difficulty here. I think there's some tweets that are clearly over the line. Let's remember what Donald Trump said on Truth Social about Geoff Duncan, for example, right? Clearly attacking him, clearly connected to the case.

But Mike Pence is a little more ambiguous, because as you say, they are engaged in a political campaign against each other right now.

And so prosecutors and judges are going to have to use their judgment, but for every close call, like this example, with Mike Pence, there have been many that are far over the line and really, the question is going to be how tightly do prosecutors and the judge police this because everyone in this case has been threatened somehow.

COOPER: But, look, you know -- I mean, the former president, he walks that line constantly. I mean, he intentionally tweet tweeting out, if you come for me, I'll come for you. Again --

HABERMAN: Also, what you're going to see, and I'm sorry, Anderson, but this is also where you're going to see and tell me if you disagree with me on this, but you're going to see the difference between what the state judges and prosecutors are going to be comfortable with, versus the federal prosecutors, because so far, we have seen, at least in the federal cases, I think, a pretty wide amount of latitude given so far.

They are clearly signaling in Georgia, they don't want to do that here. But again, you're talking about multiple cases in multiple jurisdictions, there's going to be a collision.

COOPER: Michael, I mean, you know Georgia well. Do you see the judge there being tougher on the social media stuff?

MICHAEL MOORE, FORMER ATTORNEY FOR GEORGIA'S MIDDLE DISTRICT: Well, I'm glad to be with all of you. This is a fairly new judge. He has been on the bench for just a short time, less than a year. It will be interesting to see how he decides to run it.

I will agree with this premise, and that is, the line that's going to have to be walked will be about what he can say politically versus -- and defend himself politically versus what he could do to sort of throw gas on the fire on his criminal case.

And so I think that's going to be the danger, and the danger will be the prosecutors filing too many motions or making too many requests to sanction him in some way and then getting shot down.

So hopefully, they will reserve sort of the nuclear option of having a bond revocation or something like that until he does something that is clearly an overt threat, encouraging people, responding to a tweet, you know, or responding to something that is politically have been said to him or a challenge that has been made by one of his political opponents.

I just don't think it is going to be enough given the nature of the case, and the facts that we are in the middle of a campaign and there is just no way to divorce this case from that.

So once we acknowledge it, I think it kind of guides how we proceed.

COOPER: And Elie, what is the penalty? And what is the nuclear option that is somehow revoking a bond?

HONIG: Yes. The penalties can be increased bond amounts. You can say, you have to post more money. Now, the penalties can include other measures like electronic monitoring, house arrest -- this is all in a normal case -- up to and including the nuclear option would be imprisonment.

I mean, I don't think there's any realistic chance Donald Trump gets locked up for violating bail, but it happens. It happens in real life. It just happened to Sam Bankman-Fried as one example in the Southern District of New York.

But the collision here of politics and law is so complicated for exactly that reason.

COOPER: Yes. I mean, so Maggie, he is not going to go to this debate. He said he's not going to go to any debates.

HABERMAN: Yes, and who knows what exactly that means. It was a sort of ambiguous Truth Social post, but I do think that he feels as if he is up in the polls. I think the question is going to be whether he can help himself.

I don't think he wants to go to the Reagan Library debate in September. We'll see if he does or doesn't. But you know, he has all sorts of issues with the people who run the Reagan Library. After that, I think it's an open question both whether he would want to go and who will even be on stage at that point. [20:10:01]

Look, he's not as strong in the first two early states in the polling of those states, as he is nationally. I think that the national number looks very different, but he is still pretty strong in the early states. And so I think that his folks are going to stick to that and see you know, very little upside in him going.

COOPER: You know, Michael, the argument made by you know, Chris Christie, others is, well, if he's weak in Iowa and New Hampshire, he doesn't do as well there, then that is going to be a cascading domino effect in South Carolina and elsewhere. Do you buy that argument?

MOORE: Well, I think that's probably as much of a wish, as it is an argument that he's making there. I see this Trump machine sort of moving forward, full speed ahead.

Down here in Georgia, you've got Trump flags flying up in the North Georgia area left and right, and some of them there have been taken down, and some are new going up.

So I really don't think that the question will be his performance necessarily, that those other states if it hurts him, because I just see him that I think the primary is his to lose.

COOPER: Michael, we've already -- you know, we're seeing threats now against employees of the Fulton County Sheriff's Office. How much does that complicate security concerns around the actual turning in later this week?

MOORE: It's going to be complicated. I mean, remember that law enforcement is accustomed to having people make threats out at them. They spit out, they fight them when they get arrested. They're used to that kind of thing.

But this is unusual, because of the nature of the publicity, the fact that it is so public, and we are already dealing with a situation where the courthouse is basically cordoned off, and it looks like Fort Knox around there and that is something that they've not been accustomed to either.

So from the jail to the courthouse and all of that, the coordination between the Secret Service and local law enforcement is going to be important, but these kinds of threats are different than when we are talking about threatening grand jurors or threatening jurors, threatening witnesses.

I think law enforcement by and large, they are used to dealing with people who are recalcitrant, and who want to say crazy things and do crazy things. That's what the nature of their job is.

But this is different in that it is -- it is not necessarily dealing with one source of a threat. It's dealing with sort of a source that spreads out its tentacles and causes other people to do crazy things and that is what they've got to watch out for.

COOPER: Yes. Michael, appreciate it. Maggie, Elie, as well. Thank you so much.

Coming up next, former DHS secretary, Jeh Johnson on the breaking news and the climate of threats and apprehension that seems to surround these cases, the former president and the campaign.

Also a live report from Southern California where record rainfall came with an earthquake as well and the danger not over yet from what's left of Hilary.

(COMMERCIAL BREAK)

[20:16:18]

COOPER: Moments ago, the former president posted this on social media quoting now: "I'll be going to Atlanta, Georgia on Thursday to be arrested by radical left district attorney, Fani Willis." In addition to that and the breaking news tonight about threats against law enforcement handling the former president's processing in Fulton County on Thursday, there is also the recent reporting on threats against DA Willis and today's bond deal designed to stop the defendant from making or inspiring more of the same.

Top of all that, he himself along with his son, Barron, were also allegedly targeted, an Illinois women tonight is charged in connection with that. We want to have perspective now on what seems to be a panoramic threat picture from Jeh Johnson who served as secretary of Department of Homeland Security in the Obama administration.

He is currently heading up a pro-democracy taskforce with the American Bar Association.

So I understand your task force expects to study this about a year. I mean, how concerned are you about the panoply of threats, but particularly against law enforcement, election workers, what we're facing?

JEH JOHNSON, FORMER DEPARTMENT OF HOMELAND SECURITY SECRETARY: Anderson, I've been concerned for quite some time.

I believe according to public opinion polling that we saw on January 6th was the tip of an iceberg.

More and more Americans are becoming detached from reality. More and more Americans are becoming prone to violence in a climate in which many elected officials feel emboldened to engage in overheated extremist rhetoric.

I've said for some time that extremist rhetoric makes previously unacceptable behavior acceptable and for the violent, deranged among us, violence inevitable.

We live in a climate now where I hope many people do appreciate federal law enforcement agencies like the FBI, which is under attack, that every single day is out investigating threats against public officials, including the president, including the former president, apparently, and I am concerned about the current climate, COOPER: Is it -- I mean, you look at American history in the early 70s, there was -- you know, there were bombings routinely, politically targeted bombings. There was huge demonstrations against the Vietnam War, fights in the streets. I mean, is it that bad right now? I mean, is it as bad as we have seen in our lifetimes?

JOHNSON: I believe it is worse because it is becoming more and more acceptable among conventional so-called conventional politicians, members of Congress to engage in extremist rhetoric that encourages this type of attitudes.

COOPER: It is rewarded among many Republicans.

JOHNSON: Exactly. And that goes, in my opinion, and this is something that I hope our taskforce will address that goes to what incentivizes politicians to engage in this kind of rhetoric.

Something like 400 of the 435 seats in the House of Representatives are safe seats. So the Democrat is looking over their left shoulder at a primary challenge. And the Republican is looking over their right shoulder for a primary challenge, not thinking about attracting mainstream voters and getting them to vote for them.

And so, so much of this, in my judgment, tracks back to what incentivizes and disincentivizes. Those who have a public voice to engage in extremist rhetoric versus responsible rhetoric.

COOPER: It's also just given the nature of threats today, it's very hard to provide security to all the people who you know, probably have legitimate reasons for, I mean, grand jurors in Georgia are getting doxed by people who -- you know --

[20:20:03]

JOHNSON: And I hope that the state of Georgia, Fulton County, Georgia feels responsible for their protection in light of these revelations.

It is unheard of that the identity of a grand juror would become public.

COOPER: How does some -- I mean, you can point to all these pinpoints of aggressive behavior, of violence of just, you know political speech which is just beyond the pale left and right. How does that -- and what does history tell us about how does that change? How do you get out of that fever dream?

JOHNSON: I used to say that it will take a crisis to bring us together, like another 9/11. But guess what? We had another 9/11 called COVID for three years, and we had basic arguments about where it started, and what should be done to address it?

And, again, you know, when I talk to people who've been in public life for decades, they always tell me, Oh, it was worse way back then it was worse than the Seven News is worse in the 60s. It was worse during the Civil War where US senators were beaten on the Senate floor, Charles Sumner. This feels different to me because more and more, including the leading candidate for president on the Republican side feel emboldened to engage in rhetoric that they have to know encourages violent behavior.

COOPER: We also have media outlets, which are playing into this in a big way, which, you know, there were three broadcast networks in the early 70s. And certainly, while it's great to have a greater diversity of thought and diversity of opinion out there --

JOHNSON: Yes. Right. I'm 65.

COOPER: Some responsibilities --

JOHNSON: I grew up with the three networks, listening to Cronkite, Sevareid, Brinkley every night, and know, we grew up in an environment where you got your news from the networks, you got your news from a local newspaper, or you get your news from the radio. All of whom have conventional standards.

Now, there are so many different places for an American to go to get so-called information that you have these alarming poll numbers that suggest that a very large percentage of Americans believe the 2020 election was stolen, contrary to all evidence, contrary to all court rulings, and more and more people are becoming detached from reality.

COOPER: Jeh Johnson, I appreciate it. Appreciate the work you're doing. Thank you.

JOHNSON: Sorry, I can't be more encouraging.

COOPER: Well, you know, you're doing the work, so that's encouraging. There's encouragement in that. Thank you very much.

JOHNSON: Thank you.

COOPER: Tonight, also under the rubric of the current climate, another aspect of it, a California business owner, wife and mom of nine is dead after she was shot following an argument. The reason she was shot, she displayed a rainbow pride flag outside of her store. Details next.

(COMMERCIAL BREAK)

[20:26:22]

COOPER: There is shock and horror this evening after 66-year-old California business woman was murdered following an argument about the rainbow pride flag she displayed outside her store.

In a moment, we will speak to her daughter, the daughter of Laura Ann Carleton -- everyone called her Lauri -- about the mother she lost and the love and acceptance her mom displayed with that flag and all throughout her life.

But first, CNN's Josh Campbell has more on what happened. (BEGIN VIDEOTAPE)

JOSH CAMPBELL, CNN SECURITY CORRESPONDENT (voice over): It is an international symbol of equality, the mere act of proudly displaying it leading to Lauri Carleton's death.

LYNN LANING, LAKE ARROWHEAD, CALIFORNIA RESIDENT: Over a flag? Come on. I mean, we've lost a lot of people in our country over our flags, and some people don't like them.

CAMPBELL (voice over): Sixty-six-year-old Carleton was shot inside her Southern California clothing boutique Friday following a confrontation over the pride flag displayed outside the shop's entrance.

ANGELA FERRELL-ZABALA, MOMS DEMAND ACTION: This is absolutely devastating. No one should die for who they love or for standing in solidarity with love.

CAMPBELL (voice over): Reaction to Carleton's death poured in on social media, including Hollywood director and friend, Paul Feig, who directed films including "Bridesmaids" and the reboot of "Ghostbusters."

"We were all devastated for her husband, Bort, and her family and the LGBTQ+ community for whom Lauri was such a true ally."

Governor Gavin Newsom posted: "This disgusting hate has no place in California."

Carleton, a mother of nine children did not identify as LGBT, but advocated for everyone in the community. The organization Lake Arrowhead LGBTQ+ said in a statement, she will be truly missed.

Carleton's daughter told "The New York Times," the flag hanging outside the store had been removed numerous times by different people over the course of the past two years.

Authorities say the suspect fled on foot armed with a handgun and was killed during an encounter with police. "Detectives learned the suspect made several disparaging remarks about a rainbow flag that stood outside the store before shooting Carleton."

The shooting comes as the LGBTQ community faces ongoing threats of violence and an unprecedented wave of anti-LGBTQ plus legislation in 2023 according to the Human Rights Campaign.

REID: New details just released after a deadly mass shooting at an LGBTQ nightclub in Colorado.

UNIDENTIFIED MALE: It was so scary. I heard shots, broken glass. Bodies. How? Why?

ERIK BOTTCHER, NYC CITY COUNCIL MEMBER: You can draw a straight line to those murders from the hateful rhetoric and lies that have been spread about Drag Queen Story Hour. UNIDENTIFIED FEMALE: Police in New York are looking for this man who is seen throwing a brick at a window of an LGBTQ+ bar in New York City. It is the third time this same bar has had its windows smashed.

UNIDENTIFIED FEMALE: After this video was released showing a woman getting out of a white SUV and setting a pride flag on fire in front of Little Prince Restaurant in Soho, an arrest has been made.

FERRELL-ZABALA: When hate is paired with a gun the results are deadly, and when our elected leaders promote hateful rhetoric and push discriminatory policies, they foster this culture where this kind of violence as a result.

CAMPBELL (voice over): Meanwhile, in this small California mountain town, members of the community are grieving the loss of the latest apparent victim of anti-LGBT hate in America.

STEVE VALENTINE, LAKE ARROWHEAD, CALIFORNIA RESIDENT: I never dreamed something like this could happen in this community.

(END VIDEOTAPE)

COOPER: Josh, I understand police have just released some new information.

CAMPBELL: Yes, significant update just moments ago from the San Bernardino County Sheriff. The suspect in this case has now been identified as 27-year-old, Travis Ikeguchi of San Bernardino County, California.

Authorities say it took some time to identify him because after he was shot and killed, he didn't have identification on his person.

Now, as if we needed further proof this was an anti-LGBT actor, authorities say that at the store, Friday afternoon, he tore down the flag outside of the store and was yelling according to authorities homophobic slurs. Carleton then confronted him, she was shot and killed.

[20:30:13]

Authorities say that he fled about a mile away. He was firing upon sheriff's deputies who ultimately returned fire, shooting and killing him.

Finally, it is important to note, authorities say they have uncovered a significant social media presence by the suspect. He had an account on Twitter as well as an account on Gab, which of course a platform that is popular with the far-right.

Authorities, Anderson say, that they found many homophobic posts on that account, as well as anti-police posts.

COOPER: All right, Josh Campbell, appreciate it. Thank you.

Joining me now is Laura Carleton's daughter, Ari Carleton. Ari, I'm so sorry that we're talking under these circumstances. Thank you so much for being with us. I'm so sorry for your loss. How are you holding up? I mean --

ARI CARLETON, DAUGHTER OF LAURA ANN CARLETON: Well, me and my family are just trying to, you know, take it hour by hour, trying to find some sense of normalcy and finding that that's the hardest part. Just coming to terms with the new normal without our matriarchy.

COOPER: I mean, your mom sounds like such an incredible lady. And her interest, and I know in fashion goes way back. I was reading she worked at Fred Siegel, like when she was just starting out. What do you want people to know about her?

CARLETON: Well, that's a loaded question. My mom and I were very close because she had such a long history in the retail industry and was such a pioneer in it. And I myself have been in the retail industry my whole life. And I owe that to her. But I think what I really just want people to know about her was just how selfless and kind and compassionate she was.

She always put the needs of others ahead of our own. And, you know, we had a really rough winter here in Southern California and her and my father had opened up a free store next to Magpie where they gave out food and supplies to the families that were impacted by the storms here. And I think that really just goes to show what an incredible person that she was.

COOPER: I mean, it just -- it's so sickening to imagine that this is how your mom's life ended. I mean, did your mom talk to you about why it was important for her to display the pride flag and also the reaction she'd gotten positive or negative over the year?

CARLETON: Yes. I mean, I think for her it was just something that was so important and she was so fearless and any negative reaction. You know, she just powered through the flags had been torn down before by different individuals and she always went and ordered an even larger flag in response and put it up. So, you know, I admire her and I'm so proud of her and I know that she passed standing up for something that she believed in.

COOPER: What -- had she ever been afraid for her safety? You'd said her -- that some of the pride flags she'd put up had been torn down in the past. Was she ever afraid?

CARLETON: No. Yes. No. She was fearless and she was confident and she wasn't afraid to stand up to anybody.

COOPER: I read that your mom had actually ordered a new pride flag because the old one was fading.

CARLETON: Yes. When we arrived home on Friday night after the incident occurred, there was a package on the doorstep and it was a new flag, and she had told my dad that she had ordered it because the one that had been hanging had naturally faded from the sun.

COOPER: Wait, I'm sorry. The new flag had arrived, was waiting on your doorstep when you got home after your mom had been killed?

CARLETON: Yes.

COOPER: I can't imagine what that was like even seeing that I.

CARLETON: Yes. It was hard and emotional. But, I mean, even the store now and she has another store down in L.A., so many supporters and people that were a part of our community have gone and put up their own flags and rainbow flowers and so many things to honor her.

COOPER: I understand. One of your friends actually reached out to you to tell you, what, seeing that flag at your mom's store had meant for her and her family?

CARLETON: Yes. I mean, we've received so many messages from people that we knew or know strangers from around the world. But I think one of the most touching messages was from someone that we -- my twin sister and I grew up here and we would spend the summer months here and we attended a dance camp.

[20:35:21]

And me and my sister, identical twins. And this individual had an identical twin as well. And we bonded over that. And she messaged us this morning to let us know that she had driven past my mom's store a couple of weeks ago and seen the pride flag and that gave her the courage and the push to go home and come out to her family.

And that really resonated with us, and I know that's really all that my mom wanted, was for everybody here to feel safe and loved and accepted for who that they for who they were -- sorry.

COOPER: Well, are -- is there anything else you want people to know or share about your mom?

CARLETON: Yes, I just, I just -- I want to make sure that no matter what the circumstances were surrounding her death, that we just focus on who she was as a person just beautiful inside and out. And that we all move forward by preaching love and acceptance and equality in her honor. I know I sure will.

COOPER: You've had a great role model and we'll continue to. Ari Carleton, I appreciate your time tonight and I'm really grateful for you willing to talk about your mom and let us know about her. Thank you.

CARLETON: Yes, thank you for having me.

COOPER: Coming up, we have more breaking news out of the Fulton County Courthouse, namely when another top co-defendant will be turning himself in.

Also tonight, President Biden is in Maui at this moment with the first lady touring areas ravaged by the wildfires. As you know, at least 114 people have died there with about 850 people still unaccounted for. We'll have a live report on what the President said and the latest in the rescue and recovery operation.

(COMMERCIAL BREAK)

[20:40:46]

COOPER: Returning to our breaking news, the latest step in a process and the latest figure Attorney John Eastman in a process which will be unfolding all week, the surrender of 19 co-defendants, including the former President Atlanta's Fulton County Courthouse.

Our CNN's Paula Reid joins us once again tonight. So what are you learning about Eastman?

REID: Well, Anderson, we learned that he is expected to surrender on Wednesday. And while he is not the most well-known name among these 19 defendants, it's significant that this is the first one of former President Trump's 18 co-defendants who we know will surrender. We have a date.

We know today his legal team negotiated a $100,000 bond agreement with the Fulton County District Attorney. And now he will turn himself in on Wednesday. Now, it's notable that this date came out in a separate disciplinary, a state bar disciplinary proceeding. He is facing those proceedings in the state of California.

And his lawyer had to tell the judge, I'm sorry, my client can't be here on Tuesday or Wednesday because he's surrendering in Fulton County. So that's actually how our colleague, Kaitlan Polantz came to learn about this. She found this in the filing, but it is significant because this is the first of defendant where we have a date for their surrender.

COOPER: And we're looking at a video of Eastman on January 6th was standing by Rudy Giuliani talking to that mob. Can you just remind our viewers about the role he played in the fake elector scheme?

REID: Yes, he's a significant player here in this alleged conspiracy that he is charged in. He's a conservative attorney and he helped draft a plan for how then Vice President Mike Pence could help to overturn the results of the election.

Now, part of this was the fake elector scheme, so this was installing slates of fake electors. Now, that was originally an idea that was put forth by one of his co-defendants, Kenneth Chesebro. He put that forward, and then John Eastman actually, and some other lawyers expanded on it.

But John Eastman, in many ways is really the architect of this effort to overturn the election, trying to make legal arguments that have been widely discredited by most legal experts about how the vice president had the authority to overturn the election.

And, you know, I can tell you, Anderson, many legal experts, many sources were somewhat surprised that he and others were not formally charged in the January 6th federal case. COOPER: And as part of the former president's bond agreement today, he can't have contact with any of his co-defendants. That would include Eastman, right?

REID: Yes, exactly. So he cannot have any contact with him, Rudy Giuliani, Mark Meadows. Now Anderson, it's our understanding that most of these people are not still super tight with the former president. We know Rudy Giuliani recently asked him for money.

Mark Meadows is pretty much left the former president in the dark about what his legal strategy is. And Johnny Eastman has and his attorney have been trying to keep their distance as well. So it should not be an issue specifically when it comes to Eastman.

The bigger thing, I think, in terms of the former president's bond restrictions is that that restriction on social media and anything that can be perceived as a threat on social media, that right now, based on what we saw today in the bond agreement, that I think is going to be the biggest challenge for the former president and potentially for the judge overseeing this case.

COOPER: Yes. Paula Reid, appreciate it. Thank you.

Turning down to Hawaii there, take a look. Some images just a short time ago of President Biden and the First Lady hearing from survivors and witnessing the devastation from this wildfires and so far killed at least 114 people. A number that's expected to rise. About 850 people still unaccounted for.

It is the deadliest American wildfire in more than a century. President Biden said the whole country will be with Hawaii during the recovery.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: We will be respectful of the sacred grounds and the traditions that rebuild the way the people of Maui want to build, not the way others want to build.

(END VIDEO CLIP)

COOPER: I'm joined now by Bill Weir on the island of Maui. So Bill, what have people there been saying that they wanted to hear from the President? Do you think that he -- how was he received?

BILL WEIR, CNN CHIEF CLIMATE CORRESPONDENT: I think it's pretty obvious that the White House had heard in advance concerns from sort of working class Hawaiians and multi-generational locals here who had -- who said they really wanted to be listened to. They wanted a seat at the table for how this place is rebuilt.

[20:45:08]

You have to understand there's been sort of generations of tensions as sugarcane was replaced by tourism and water rights were taken to fill these million dollar neighborhoods and resorts. While a lot of times sort of working class, the lifeguards, the waiters, the performers at the Tiki shows were being cut out and squeezed out of their own lands.

And so for him to say a couple of times, we're going to pay attention to ancestral lands and traditions and follow that lead, but there is big tensions over here. I have a piece up on CNN.com about the water rights issue right now.

And so when he said, we want to rebuild Maui according to the wishes of the people of Maui, the question is which people? Is it the developers? Is it working class locals? There's a lot of questions around there.

But he did empathize and this is what he's so good at, given the tragedy of these lives. We just understand he just wrapped up meeting with some survivors at the War Memorial big shelter in central Maui there. Children who have lost parents, parents who have lost children who are just still cycling through just unfathomable grief right now. And that number of 850 missing is still just hard to wrap our heads around two weeks later.

COOPER: What did local residents do to prepare for the visit?

WEIR: Well, I've seen everything from, you know, just beautiful symbols of aloha. We were meeting with a Hawaiian farmer yesterday who was a little bit ambivalent about the federal response, but was making their ancestral poi, the kalo plants that the first Hawaiians brought here, making it for him.

Others came and put crosses, dozens and dozens of crosses that they had made along the Lahaina bypass so he would see some visual representation of the loss here. They're planning on coming back. They sort of had to leave before they closed the road to finish out the 114 crosses and then put 850 yellow ribbons publicly here. Just a stunning symbol.

COOPER: Yes, I mean, that number 850 is just staggering. I mean, is it possible some of that is just, you know, people not sure where somebody actually was, although -- I mean, obviously as time passes, it becomes more and more stark.

WEIR: Exactly, exactly. But actually, our producer, Norma, was in the hotel this morning and met a couple who asked -- they were asking, how can we get our names off the missing list? They didn't know the proper procedures to do that. It's been sort of unofficial. There's no public list of the missing.

According to the mayor, it was over 2,000 and had been whittled down to 850. So you can hope that some of those are just miscommunication at this point a couple of weeks after. But there are still plenty of folks who are coming to grips with the idea that their loved ones are now sort of part of the landscape here in this place.

And forensic anthropologists say that in scenes this tragic, it can take years to sort out the missing.

COOPER: Bill Weir, I appreciate it. Thank you. Just ahead, as remnants of Tropical Storm Hilary continue to have an impact in the west, we'll have a live report from Southern California, where life threatening floods and record breaking rain wreak havoc across the region.

(COMMERCIAL BREAK)

[20:52:12]

COOPER: Tonight, millions across the southwest are recovering after tropical storm Hilary brought life-threatening floods, damaging winds, power outages and evacuations to the region. More rain expected to fall tonight. Tomorrow, as officials work on cleaning up the remnants of the record breaking storm system.

CNN's Kyung Lah joins us now from Southern California, which saw some of the heaviest flooding and damage. Kyung?

KYUNG LAH, CNN SENIOR NATIONAL CORRESPONDENT: Well, Anderson, I am standing in what may at first blush look like it's a canal. But as photojournalist Greg Kane pulls out, you'll see this is actually a road and this is flooding all the way through this road. You can see the overpass, and this is just one of the many spots, one of the many streets in San Diego that still remain flooded after Hilary came through here.

And it's not just here in San Diego, but this scene is being repeated across Southern California.

(BEGIN VIDEOTAPE)

LAH (voice-over): To understand Hilary's wrath on Southern California, watch how even first responders, these San Bernardino firefighters were caught in the middle of a disaster.

UNIDENTIFIED MALE: The bottom line. Come here, come here, come here.

LAH (voice-over): Across Southern California, Hilary walloped residents. The mud and water was so thick, a bulldozer had to lift these stranded Palm Springs residents to safety.

UNIDENTIFIED MALE: We set up sandbags over the weekend, thinking that would be sufficient but it blew right through them.

LAH (voice-over): As a once in a lifetime tropical storm flooded cities, mountains, and deserts, collapsing summer records across the entire region.

MICHAEL CONTRERAS, FIRE CHIEF, CATHEDRAL CITY, CA: There's a lot of destruction, right? And Mother Nature clearly put her mark on us over the last 48 hours.

LAH (voice-over): Hilary made landfall as a tropical storm in Mexico early Sunday, slamming into the Baja Peninsula. California braced for impact, the first tropical storm to arrive in 84 years.

MAYOR TODD GLORIA, SAN DIEGO, CA: We're not built for this kind of rainfall. That's my main concern.I

LAH (voice-over): n one day, San Diego got 10 times more rain than what it typically sees all summer. And across the region, roads began to buckle.

As Hilary moved northwest into Nevada, the destruction continued. This is a road turned into a raging river.

UNIDENTIFIED MALE: I couldn't describe it. I'd never seen like that. So the amount of water we got last night, it's huge.

LAH (voice-over): And as if water from above were not enough, the ground in California shook. A 5.1 earthquake struck, epicenter Ojai and our north of Los Angeles.

CAPTAIN BRIAN MCGRATH, PIO VENTURA FIRE DEPT.: I wouldn't say it complicated efforts, but it definitely opened our eyes to -- that anything can happen at any time.

(END VIDEOTAPE)

[20:55:13]

LAH: And I want to return to some video that you just caught a snippet of it in my story but we now have a little more information about how those people ended up in that bulldozer in the Palm Springs area. This is actually Cathedral City, California. It's right near Palm Springs.

14 people from an assisted living facility. This is generally where seniors are cared for were non-ambulatory. The fire department had to figure out a way to get them out of this assisted living facility. So they borrowed the bulldozer from the local trash company and very, very carefully lifted non-ambulatory seniors into this bulldozer.

And despite, Anderson, this very unorthodox method, everybody stayed calm, everyone is safe. And they got through the mud and the water and, you know, you see them walking out there safe and sound. Anderson?

COOPER: That's incredible. Kyung, thank you so much. Appreciate it.

The next image boost that Russia was looking for with its first moon mission in decades. And the letdown of God instead from the encounter with the lunar surface.

(COMMERCIAL BREAK)

COOPER: A major blow to the Russian spaceship program and the country's image. Russia's spaceship agency reports that its first lunar mission in decades crashed into the moon's surface less than two weeks after launch. No report what caused the mishap. The unmanned spacecraft was supposed to explore the southern lunar region for ICE, it would have been Russia's first moon landing since 1976.

That's it for us. The news continues. The Source with Kaitlan Collins starts now.