The deadline is set for trump and his 18 codefendants to turn themselves in in georgia, which is why everyone is keeping close watch on the Fulton County jail for any and all to surrender. The death toll is rising in the deadliest u. S. Wildfire in a century. 106 people have been killed in maui, but only a handful identified because the Inferno Made Human Remains largely unrecognizable, and now there are new critical questions about what may have sparked some of those wildfires. For the first time north korean officials go public on u. S. Army private travis king. They claim he is seeking refuge there, in part due to Racial Discrimination in the u. S. Military. Im john berman with sara sidner and kate bolduan. This is cnn news central. The georgia jail where donald trump and his 18 accused coconspirators are expected to surrender is open and ready for bookings. In fact, the sheriff has made clear its open 24 7, meaning any defendant at any time could turn themselves in. Trump has not indicated exactly when he will be showing up, and theres also no date certain yet for the other 18 charged, but with a deadline set and nine days left, what he and his codefendants decide to do within this time could matter a great deal in how this case plays out in court. We do know that Rudy Giuliani has given some suggestion, saying he will turn himself in next week, and trumps former Chief Of Staff, mark meadows, is also making plans, but hes now trying to get his case moved out of georgia and into Federal Court. We will dive into that strategy, the strategy behind that in a moment. Lets get to cnns nick valencia, hes live outside the Fulton County courthouse for more on all of this. Nick, talk us through what to expect when any and all of them do start to surrender. Reporter good morning, kate. If the Fulton County sheriff keeps his word and is true to his word that hes going to treat donald trump the former president and his 18 codefendants as he would anyone else who has been indicted here in Fulton County, which means being processed and fingerprinted through the infamous Fulton County jail, where earlier this year a man being held on pretrial detention was allegedly eaten alive by bed bugs, even the Fulton County sheriff here has admitted that this facility had some problems and hes tried to get that facility overhauled. The news of trump and his codefendants being processed here has created a reaction in atlanta. Were also learning about the defense strategies. Former Chief Of Staff for the former president , mark meadows and his team filing a formal petition to try to get a Change Of Venue from state to Federal Court. What theyre arguing in the formal petition is anyone who is charged during their alleged actions while they are a federal official should have their criminal proceedings moved from a state court to a Federal Court. Here is what theyre saying in part of their filing here. Nothing mr. Meadows is alleged in the indictment to have done is criminal, per se. Arranging oval office meetings, contacting State Officials on the president s behalf, visiting a State Government building and setting up a phone call for the president. One would expect a Chief Of State to the president of the United States to do these sorts of things. Mark meadows has been charged with two counts in the indictment including racketeering as well as violation of Oath Of Office by a public official. We understand he is going to file a formal petition at a later date, but it is now in the hands of u. S. District judge here in georgia. Kate . All right. Nick valencia, outside the courthouse in Fulton County. Thank you so much. Nick, a lot of action going to be happening there very soon. Sara . Turning to jack smiths federal investigation into the 2020 election. Cnn learned that prosecutors tried to get access to former President Trumps direct messages on twitter and there are a lot of them. Unsealed transcripts also give more hints into what the Special Counsel was looking for before indicting trump. Cnns senior crime and justice reporter Katelyn Polantz is joining us now. This comes as a revelation because we know a lot of people say he doesnt use email, he doesnt go online and send messages, but now were hearing about these dms. What is the Special Counsel looking for in these messages . Reporter sara, there was a lot of information the special Counsel Office was looking for in Donald Trumps twitter account, Even Associated accounts to it, all kinds of data that they wanted. Sara, this was quite a revelation. In these transcripts that were unsealed finally yesterday in this fight where the Special Counsels office had had this warrant approved to get donald trump the realdonaldtrump designation and twitter was fighting the idea that they couldnt tell donald trump about this. But in the course of these transcripts it was a revelation because no one really knew how much donald trump may have been talking privately to other people, potentially to advisers or other people that may have been using his account would be sending messages that would be in private because, like you said, he didnt email, he didnt text and there was always a question did he use direct messages on twitter. He sent so many tweets publicly. And then we have from these Court Hearings now twitter confirming to a judge that, yes, there was dms on Donald Trumps twitter account. The direct quote from one of the lawyers in this hearing was, we were able to determine that there was some volume in that for this account, meaning direct messages. There are confidential communications, period. And then at a different part of the hearing the twitter lawyer says what the Justice Department appears to be looking for, what they were focused on as they were trying to get that access to those messages, which they did ultimately get, saying, the doj was most interested in communications between Government Officials and twitter regarding the subject account. Now, that could be trump and others in his administration talking over dm, that also could be Government Officials talking to twitter more generally about his account being pulled down after january 6, but all of it got swept into the Special Counsel investigation. Sara . All right. Thank you so much, Katelyn Polantz there with some really interesting information. We didnt know that he was actually getting on his electronics and sending messages. No texting, no emailing. Weve been told that for decades, he is not the kind of guy who left an electronic trail. There is one here. What does that mean . I guess that remains to be seen. We will delve deeper into the georgia case. With us is former federal prosecutor elie honig, Founding Partner of law firm honig, berm nl and honig. I want to talk about two of the codefendants in georgia hire and a legal filing. Lets start with mark meadows, what hes facing. It is a fascinating case because he is not charged in the federal indictment brought by jack smith, he is not each one of the six coconspirators, he is charged in the state case coming from fannie with w. H. O. Counts. Racketeering, very broad, the allegation is he facilitated this whole effort on Donald Trumps behalf to steal the election. The other crime solicitation of violation of oath by a public officer, that refers to the call donald trump made to Brad Raffensperger where he said i need you to find votes. Mark meadows arranged the call and was on the call. He doesnt say that much. Thats all he is looking at here. He has made this motion to remove the case from state court where fani willis has jurisdiction over to Federal Court on the basis of this federal law relating to removal. What that law essentially says that you can remove to the Federal District court of the United States if what youre charged for is any act by an fer of the United States meadows will say i was Chief Of Staff at the white house and this is the key phrase, under color of such office. It wasnt you were Chief Of Staff, game over. Its was your conduct under color of what you are supposed to be doing in that job. This to me is so interesting and central not just to the georgia case but the federal cases already. Under color of such office. Mark meadows and maybe trump eventually will argue that we did this because, you know, i was president of the United States or as president of the United States or Chief Of Staff to president of the United States. Not as a political candidate for office. Exactly. How do you split that hair . I think donald trump is sure to make this motion, too. I think mark meadows has a stronger case because mark meadows will say as Chief Of Staff im arranging meetings, phone calls, visiting the states. Im doing what the. Tells me to do. Donald trump is going to have a little bit of a more difficult road because the president is not supposed to have a direct handson role in election, thats reserved for states, but trump will say in my capacity as Chief Executive i was taking care there is a part of the constitution that says the president ial take care that laws be faithfully executed. He will argue i was trying to do my job as president. Who gets to decide . The judge. So theres very little to guide us on this. This whole doctrine of moving a case from state to Federal Court and potentially getting it dismissed if a judge finds it was under color of such office, it goes back to the early 1900s. We have only had a very small handful of cases and really nothing even remotely comparable to this. I just want to stay on this for one more beat. If it is under color of such office, Donald Trumps argument here is that i legitimately thought there was fraud in the u. S. Election. As president i thought there was fraud. Exactly. There wasnt. He was told there wasnt. Theres been no proof that it was. If a judge were to say this were under color of such office, wouldnt that be leaning towards his theory of the case, trumps theory of the case . Absolutely. Not only is this a procedural argument, get me over to Federal Court but its also the core of his defense. I was doing my job, i thought i was doing my job, i was following what my advisers told me. Very much in tension with the alleged facts but that will be the defense. One reason why meadows and trump want to get this in Federal Court, why . If this case is charged only in Fulton County, not to do your magic wall gig, john, the jury will be very antitrump. The count in 2020 was 72 for biden, 20 for trump. Cherokee and forsyth county, 68 , 65 in favor of trump. Way better for trump. If they get into Federal Court the jury will be drawn from the entire Northern District of georgia which is basically all of these counties. If they stay in fani willis court it will be all from Fulton County. Lets talk Rudy Giuliani here because Rudy Giuliani also has been saying publicly that hes going to try to move this case to Federal Court. Thats a very long shot argument. Rudys argument, he was not a federal official, he will argue that he was an agent, meaning he was acting somehow on behalf of donald trump. As president. As president. Rudy giuliani was, i think at best, a personal lawyer, maybe a campaign lawyer. That to me is a hail mary of an argument. He will probably make it, but i dont think hes going to have any luck. Can we reflect on a moment on this man, Rudy Giuliani who used to run the Southern District of new york where you at one point worked, elie. The situation that he is now in. Its sort of astonishing for me to say this. I will just say personally because at the Southern District of new york he was there generations before a generation before me, but he was a revered figure, he had been the head of that office. He was, in fact, a pioneer of using the rico, the federal version of the rico law to go after gangsters and here he finds himself not just being sued and subpoenaed and investigated but actually under indictment. This man who used to lock people up as his job, now faces the very real prospect of being on the other side of it. And hes out of money apparently to pay for the lawyers. He will use public defenders. Thank you very much for that. Also joining us right now is fred upton, the former republican congressman from michigan. Good to see you again. Thank you so much for coming in. Lets talk about this fourth indictment against the former president. You voted to impeach, folks will remember, to impeach former President Trump when the house voted after the january 6th insurrection. You and just a handful of other republicans did. Now after not just one indictment over trying to overthrow the 2020 election but now two indictments against donald trump for this very thing, do you feel vindicated . Well, i do, and you remember the president right after january 6th said in his words he did everything totally appropriate. There are a lot of us that didnt think that was the case, as you look at the ten republicans that voted to impeach him in the house, we were all amazed that those on the inside, some cabinet members, certainly those In The West Wing didnt really defend us at all. They saw firsthand what we saw on the house floor back on january 6, but it sure did appear as though he tried to steal the vote, that he and we found out later about these false electors, michigan is one of those states that had a number of electors that tried to actually cast a vote even though biden won by 154,000 votes. Trump never came up with the evidence that would overturn an election in any of those states, certainly here in michigan, and he made these false claims that more people voted in detroit than lived there. That was dispelled. There was actually a Republican State Senate investigation in terms of some of the charges that he made and they were all debunked. Thats the same case in georgia where he claimed that 60 some thousand underaged people voted, which was never dispelled. Yeah, we all feel like weve been vindicated with their votes and obviously hes innocent until proven guilty, but youve got these four indictments, it looks pretty bad for him you would have to say. And its going to take a while. I mean, i dont know if its going to be a state court or Federal Court. I agree with will hurd when he says that one of the reasons that former President Trump is running is that hed like to exercise that pardon should he be reelected. Fred, let me ask you about t that. For everyone, fred upton always requesting that even though i always want to call you congress map man you always request that i call you fred. Ive been interested to see the response from republicans running against trump. You mentioned will hurd, im going to put up on the screen for everybody some of the reaction from these republican candidates that we have seen since this fourth indictment. By and large most of them are attacking the indictment. Tim scott calling the indictment unamerican and unacceptable. As you mentioned, you have will hurd, you have Asa Hutchinson saying that this further shows that trump should not hold office again. But what do you think by and large of how republicans have responded to now 91 criminal charges against donald trump . Well, theyre scared to death of the base. I look here at michigan, every member of the Michigan Republican delegation has endorsed trump and thats since some of the indictments. Theyre scared of a primary. You look at what jim jordan said earlier this week on this georgia indictment, he said, the president did nothing wrong. Really . My bet is that if he had a chance to change things around, he might not be in the situation that he is in today. You know, my former colleagues, theyre scared of a primary, they do control our Party Apparatus here in michigan, you have no Filing Deadli