>>> TONIGHT, THE DEATH TOLL FROM HAWAII'S WILDFIRE NEARING 100 AS QUESTIONS GROW ABOUT THE RESPONSE THE WILDFIRE THAT BURNED THROUGH MAUI NOW THE DEADLIEST IN MODERN U.S. HISTORY. AT LEAST 99 PEOPLE DEAD MORE THAN 1,000 STILL MISSING. JUST 20% OF THE FIRE ZONE HAS BEEN SEARCHED BY DOGS. AND THE POTENTIAL FAILURES FIRE HYDRANTS WITHOUT WATER, NO EMERGENCY SIRENS AND WHY DID AUTHORITIES SAY THEY HAD THE FIRE UNDER CONTROL ONLY FOR IT TO COME ROARING BACK TO LIFE OUR TEAM IN MAUI >>> ALSO TONIGHT, WILL DONALD TRUMP BE INDICTED A FOURTH TIME THE GEORGIA PROSECUTOR CALLING WITNESSES BEFORE A GRAND JURY INVESTIGATING HIS ATTEMPTS TO OVERTURN THE 2020 ELECTION RESULTS IN THAT STATE. WE'RE AT THE COURTHOUSE >>> A SMALL TOWN IN KANSAS NOW A BATTLEGROUND OVER FREE SPEECH AFTER POLICE RAIDED A LOCAL NEWSPAPER. HOW THE OWNER SAYS IT LED TO HIS MOTHER'S DEATH. >>> THE NEW LEGAL MOVE BY THE SUBJECT OF THE OSCAR-WINNING MOVIE "THE BLIND SIDE. THE FORMER NFL STAR WHO WAS TAKEN IN BY A WEALTHY FAMILY AS A TEEN NOW SAYS THE STORY WAS ALL BASED ON A LIE. >>> AND THE DRAMATIC RESCUE CAUGHT ON CAMERA FOUR DIVERS MISSING FOR HOURS FOUND BY THE COAST GUARD NEARLY 50 MILES OFF THE CAROLINA COAST. THEN THE EMOTIONAL REUNION. >> Announcer: THIS IS NBC "NIGHTLY NEWS" WITH LESTER HOLT >>> GOOD EVENING AND WELCOME. TONIGHT IN MAUI YOU CAN ADD A SENSE OF ABANDONMENT TO THE CASCADE OF EMOTIONS SWEEPING OVER DEVASTATED COMMUNITIES. AS SURVIVORS AND RESIDENTS LEARN MORE ABOUT WARNING SIRENS THAT NEVER SOUNDED, EVACUATIONS THAT NEVER CAME, HYDRANTS THAT NEARLY RAN DRY, AND WHAT MAY HAVE BEEN UNDERESTIMATIONS OF THE RISK THE ISLAND FACED THAT DAY TONIGHT ANGER RISING OVER WHY MORE WASN'T DONE TO PROTECT COMMUNITIES FROM THE RAMPAGING FIRE AND NOW AFTER DAYS OF UNCERTAINTY ABOUT WHERE THEY WILL LIVE SO MANY ARE JUST ANXIOUS TO GET HOME TO WHATEVER HOME LOOKS LIKE THE MOUNTING FRUSTRATIONS COMPOUNDED BY A STEADILY CLIMBING NUMBER OF THOSE LOST FOREVER. A NUMBER THAT BEGAN THIS DAY AT 96 BUT AS WE ARE REMINDED GRIMLY EACH DAY WILL AND DOES GO HIGHER. OUR TEAM REMAINS ON THE GROUND IN MAUI TOM LLAMAS BEGINS OUR COVERAGE >> NO, NO, NO. OOH, DANG, IT'S HOT. >> Reporter: TONIGHT, THE DEADLIEST WILDFIRE IN OUR NATION'S HISTORY IS UNDER INVESTIGATION, AND THE QUESTIONS ARE MOUNTING THE HORROR IN LAHAINA SPREAD THROUGH STREETS, INCINERATED CARS, AND FORCED PEOPLE TO FLEE INTO THE OCEAN. >> NO, NO, NO, NO, NO! NOT LIKE THIS. >> Reporter: ANGER GROWING BECAUSE SO MANY WERE FORCED TO MAKE LIFE OR DEATH DECISIONS WITH NO WARNING. >> NO, WE HAVE TO LEAVE! >> IT'S TRAGIC IT PROBABLY ALL COULD HAVE BEEN AVOIDED OR MOST OF IT COULD HAVE BEEN AVOIDED >> Reporter: A BRUSH FIRE NEAR LAHAINA WAS FIRST REPORTED EARLY TUESDAY MORNING, AND SOME EVACUATIONS WERE ORDERED. BUT MAUI OFFICIALS THOUGHT THEY HAD IT UNDER CONTROL, ANNOUNCING 100% CONTAINMENT AROUND 9:00 A.M., POSSIBLY GIVING RESIDENTS A FALSE SENSE OF SECURITY ONLY HOURS LATER COUNTY OFFICIALS SAID THE FIRES FLARED BACK UP, FUELED BY STRONG WINDS, BURNING THE TOWN IN AN OUT-OF-CONTROL BLAZE THAT BARRELED TOWARD THE OCEAN. HERE'S WHAT WE DO KNOW EMERGENCY SIRENS WERE NOT ACTIVATED ACCORDING TO HAWAII EMERGENCY OFFICIALS. AND FIREFIGHTERS CALLED TO THE SCENE SAID SOME OF THE FIRE HYDRANTS HAD LOW OR EVEN NO WATER PRESSURE >> YOU RAN OUT OF WATER WITH THE NATION'S MOST DEADLIEST WILDFIRE >> YEAH. YEAH IT WAS VERY DISHEARTENING. >> Reporter: INA KOEHLER AND JOHNNY VERONA ARE FIREFIGHTERS FROM LAHAINA THAT WERE THERE WHEN THE WILDFIRE EXPLODED. >> PEOPLE RUNNING FOR THEIR LIVES. PEOPLE BEING CARRIED OUT. PEOPLE BEING RESCUED PEOPLE GETTING STUCK POWER LINES WERE ALREADY DOWN BEFORE THE FIRE >> Reporter: THEY TOO LOST EVERYTHING. >> YOU COULD JUST HEAR SO FAST THAT THIS IS ON FIRE, THIS IS ON FIRE, THIS IS -- LIKE HOW IS THIS SPREADING SO FAST? >> Reporter: AS THE FIRES BURNED, THE PEOPLE OF LAHAINA WERE SURROUNDED THIS VIDEO SHOWS PEOPLE JUMPING INTO THEIR CONDO'S POOL TO ESCAPE THE FLAMES. >> WE JUST KEPT HUDDLING IN DIFFERENT CORNERS, GETTING AWAY FROM FLYING DEBRIS, GETTING AWAY FROM FLAMES >> THE FACT THAT WE WEREN'T INCINERATED IS A MIRACLE. >> Reporter: THE GUT-WRENCHING SEARCH THROUGH THE CHARRED REMAINS OF LAHAINA HAS ONLY JUST BEGUN. >> WHEN FOLKS ARE SHIFTING THROUGH BURNT DEBRIS AND DUST IS ON YOU, IT'S NOT JUST DUST ON YOU. IT'S OUR DEAD. >> Reporter: MORE THAN 1,000 RESIDENTS ARE STILL UNACCOUNTED FOR AS RECOVERY CREWS WITH CADAVER DOGS GO BLOCK BY BLOCK, HOME BY HOME >> IT IS EXTREMELY HAZARDOUS. THERE ARE STRUCTURES THAT ARE PERSONALLY STANDING THAT ENGINEERS HAVE TO CLEAR FIRST TO MAKE SURE IT'S SAFE FOR THE SEARCH AND RESCUE TEAMS TO GO INTO, MAKE SURE IT'S SAFE FOR THE DOGS TO GO INTO. >> Reporter: FOUR MEMBERS OF TAL TALFA SAMISANI'S FAMILY WERE KILLED BY THE FIRES. >> I LOST MY UNCLE, TONY, AND HIS WIFE AND HIS DAUGHTER >> Reporter: HE AND HIS WIFE ATTENDED CHURCH JUST A FEW MILES OUTSIDE THE BURN ZONE AS THEY START TO PROCESS ALL THEY'VE LOST >> YOU JUST HAVE TO LOOK TO THE LORD YOU JUST TRUST IN THE END HE HAS A PURPOSE FOR US >> AND TOM, ON TOP OF ALL THIS I KNOW FOLKS ARE PAYING CLOSE ATTENTION TO ANOTHER STORM CHURNING IN THE PACIFIC. >> Reporter: YEAH. IT'S THE LAST THING HAWAII NEEDS RIGHT NOW, BUT HURRICANE FERNANDA IS HEADING TOWARD THIS CHAIN OF ISLANDS. THE CHIEF OF POLICE HERE IN MAUI TELLS ME THEY ARE MONITORING THE STORM, THEY ARE WORRIED ABOUT IT, BUT ACCORDING TO OUR WEATHER TEAM THAT'S JUST SENT ME A NOTE RIGHT NOW, IT IS FORECAST TO WEAKEN BY THE TIME IT COMES NEAR HAWAII IT IS NOT EXPECTED TO HAVE STRONG WINDS OR HEAVY RAINS. A BIT OF GOOD NEWS FOR HAWAII, WHICH REALLY NEEDS IT RIGHT NOW, LESTER >> IT SURE DOES. TOM, THANK YOU >>> WITH THE INVESTIGATION OF THE FIRES UNDER WAY MANY ARE TURNING TO THE RECOVERY HOUSING A TOP PRIORITY AND THERE IS CONCERN ABOUT TOXIC FUMES AND DEBRIS MIGUEL ALMAGUER HAS HAD RARE ACCESS INSIDE LAHAINA. AND MIGUEL, NOT ALL RESIDENTS ARE GETTING BACK INTO THE BURN ZONE >> Reporter: LESTER, RESIDENTS WHO LIVE OUTSIDE OF THE BURN ZONE ARE BEING ALLOWED BACK INTO THE AREA, BUT FOR THOSE WHO LIVE IN THE HEART OF LAHAINA THE COMMUNITY YOU SEE BEHIND ME, THEY'RE NOT ALLOWED TO COME BACK JUST YET FEMA IS IN THERE, AND IT'S UNCLEAR WHEN THEIR WORK WILL BE DONE AS THE SMOKE RISES AND THE SORROW SETS IN, TONIGHT THIS CHARRED, DESOLATE MOONSCAPE IS THE ONLY HOPE AND HOME MANY HAVE LEFT >> IT'S CLOSED NOBODY CAN GO IN >> Reporter: BUT THE MAIN HIGHWAY INTO LAHAINA IS SHUT DOWN, AND THE PERILOUS CLIFFSIDE BACK ROAD IS THE SOLE WAY IN. >> THE ROUTE THEY'RE TRYING TO MAKE US TAKE IS A DANGEROUS ROUTE EVEN ON A GOOD DAY >> Reporter: FOR SO MANY RESIDENTS THE ROAD TO RECOVERY HAS HIT A MAZE OF BLOCKADES. NEARLY A WEEK AFTER THE FIRES MOST STILL CAN'T SURVEY THE DAMAGE TO SEE WHAT'S BEEN LOST OR SPARED. THE RANDOMNESS OF THIS WILDFIRE IS EVIDENT IN THIS NEIGHBORHOOD. THERE ARE HOMES AND APARTMENTS THAT ARE STILL STANDING BUT JUST ACROSS THE STREET HERE TOTAL DESTRUCTION. FOR THOSE THAT WANT TO RETURN AND REBUILD THAT PROCESS IS GOING TO TAKE YEARS. >> WE GET NO INFORMATION. AND TO BE HONEST THIS IS A LEVEL OF INCOMPETENCE I'VE NOT WITNESSED BEFORE HERE. >> Reporter: AS FRUSTRATION MOUNTS SO DO CONCERNS OVER A TOXIC WASTELAND. AMID THE GRIM SEARCH FOR BODIES AUTHORITIES FEAR CANCER-CAUSING CHEMICALS LIKE ASBESTOS AND BENZENE ARE FLOATING IN THE AIR AND HAVE MELTED INTO THE GROUND. >> I DON'T KNOW IF IT'S EVER GOING TO BE LIVABLE AGAIN. I DON'T KNOW IF WE'RE -- I MEAN, ALL THIS IS STILL SMOLDERING IT'S TOXIC, HAZARDOUS. >> Reporter: EVEN BOILED WATER IN THE SURROUNDING AREA IS UNSAFE TO DRINK. >> HOW COMFORTABLE ARE YOU HAVING YOUR FAMILY LIVE HERE NOW? >> I'M NOT COMFORTABLE. >> Reporter: WITH LARGE CROWDS IN SEEMINGLY ENDLESS LINES WAITING FOR ESSENTIAL SERVICES JUST OUTSIDE THE BURN ZONE, LAHAINA IS A TALE OF TWO CITIES >> SINGLE FILE, GUYS SINGLE FILE. >> Reporter: THERE ARE THE THOUSANDS WHO STILL NEED HELP AND THE MANY WHO ARE STILL LOOKING FOR LOVED ONES AS THE DEATH TOLL RISES, AUTHORITIES HAVE FOUND MANY VICTIMS IN RESIDENTIAL NEIGHBORHOODS BUT THEY STILL NEED TO GO TO OFFICE AND COMMERCIAL BUILDINGS. THAT PROCESS IS GOING TO TAKE DAYS AS THE HEARTBREAK STRETCHES AS FAR AS THE DEVASTATION -- >> LAHAINA IS GONE IT DOESN'T EXIST ANYMORE AS FAR AS THE OLD TOWN IS CONCERNED. >> IT TAKES A TOLL ON YOU EMOTIONALLY, MENTALLY, AND OF COURSE PHYSICALLY. >> Reporter: TONIGHT THERE IS DEEPENING WORRY ABOUT WHAT IS GONE AND WHAT'S BEEN LEFT BEHIND. AN ISLAND PARADISE AND A STILL UNFOLDING DISASTER MIGUEL ALMAGUER, NBC NEWS, LAHAINA, MAUI. >>> WE TURN NOW TO GEORGIA, WHERE A POSSIBLE FOURTH INDICTMENT OF THE REPUBLICAN FRONT-RUNNER, FORMER PRESIDENT TRUMP, LOOMS. A FULTON COUNTY GRAND JURY MEETING TODAY OVER ALLEGATIONS OF ELECTION INTERFERENCE. BLAYNE ALEXANDER HAS LATE DETAILS FOR US. >> Reporter: AT THE FULTON COUNTY COURTHOUSE IN ATLANTA TONIGHT HEAVY SECURITY OUTSIDE AMID MOVEMENT INSIDE WITH FULTON COUNTY D.A. FANI WILLIS CALLING WITNESSES TO APPEAR BEFORE A GRAND JURY AS SHE PRESENTS HER CASE AGAINST FORMER PRESIDENT TRUMP AND HIS ALLIES JUST AFTER NOON REUTERS REPORTED THE FULTON COUNTY COURT'S WEBSITE PUBLISHED A DOCUMENT INDICATING NUMEROUS CHARGES AGAINST MR. TRUMP. THAT DOCUMENT WAS IMMEDIATELY TAKEN DOWN IN A STATEMENT THE COURT SAYS A FICTITIOUS DOCUMENT WAS CIRCULATED ONLINE. BUT DID NOT EXPLAIN HOW IT GOT ON THE COURT'S WEBSITE. WILLIS HAS SPENT MORE THAN TWO YEARS INVESTIGATING THE FORMER PRESIDENT'S ALLEGED EFFORTS TO OVERTURN THE 2020 ELECTION RESULTS IN GEORGIA INCLUDING HIS PHONE CALL TO GEORGIA'S REPUBLICAN SECRETARY OF STATE >> I JUST WANT TO FIND 11,780 VOTES, WHICH IS ONE MORE THAN WE HAVE, BECAUSE WE WON THE STATE. >> Reporter: THEN THERE'S MR. TRUMP'S ALLEGED PRESSURE ON OTHER STATE OFFICIALS AND STATEMENTS MADE BY TRUMP ATTORNEY RUDY GIULIANI BEFORE A PANEL OF GEORGIA LAWMAKERS ESPOUSING FALSE CLAIMS OF A RIGGED ELECTION. TONIGHT GIULIANI, WHO HAS BEEN NOTIFIED HE'S A TARGET, IS SPEAKING TO NBC NEWS. >> I DIDN'T DO ANYTHING WRONG >> Reporter: OVER THE WEEKEND A POTENTIAL FOURTH INDICTMENT DID NOT SLOW THE REPUBLICAN FRONT-RUNNER'S STRIDE IN IOWA. WHEN ASKED ABOUT A POTENTIAL PLEA DEAL IN GEORGIA -- >> WE DID NOTHING WRONG. WE DON'T EVER TAKE A PLEA DEAL. WE DON'T TAKE PLEA DEALS. >> Reporter: THE FORMER PRESIDENT HAS ARGUED THAT WILLIS, A DEMOCRAT, IS PURSUING A PARTISAN INVESTIGATION, TODAY WRITING "I DID NOT TAMPER WITH THE ELECTION SHE ONLY WANTS TO GET TRUMP. >> AND BLAYNE, NOW MR. TRUMP'S ATTORNEYS ARE RESPONDING TO THAT DOCUMENT THAT APPEARED IN THE FULTON COUNTY WEBSITE. >> Reporter: THAT'S RIGHT, LESTER. THEY ARE SLAMMING IT TONIGHT AS MORE THAN A SIMPLE MISTAKE THEY SAY THAT A PROPOSED INDICTMENT SHOULD NOT BE RELEASED BEFORE A GRAND JURY VOTE AND ACCUSED THE D.A.'S OFFICE OF HAVING NO RESPECT FOR THE INTEGRITY OF THE GRAND JURY PROCESS TONIGHT A SPOKESPERSON FROM THE D.A.'S OFFICE IS NOT COMMENTING. LESTER >> BLAYNE, THANK YOU JOINING ME NOW IS SENIOR LEGAL CORRESPONDENT LAURA JARRETT. LAURA, HELP ME UNDERSTAND THERE HAVE BEEN TWO FEDERAL CASES. THIS IS A GEORGIA CASE THAT WOULD POTENTIALLY SEE AN INDICTMENT. WHAT'S THE DIFFERENCE? >> YES, AND THE FACTS ACTUALLY OVERLAP BETWEEN THE FEDERAL AND THE STATE CHARGES. BUT THESE POTENTIAL GEORGIA CHARGES COULD OFFER A MUCH DEEPER DIVE INTO WHAT PROSECUTORS SAY HAPPENED SPECIFICALLY IN THAT STATE. THE GEORGIA CASE COULD ALSO INVOLVE MORE THAN JUST MR. TRUMP AS MORE THAN A DOZEN PEOPLE HAVE BEEN TOLD THEY COULD FACE POTENTIAL CHARGES AND OF COURSE MORE DEFENDANTS MEAN IT WILL TAKE LONGER TO GET TO A POTENTIAL TRIAL, LESTER. >> I KNOW THERE'S ALSO A HEADLINE TODAY ABOUT THE HUNTER BIDEN CASE AND THAT CONTROVERSIAL PLEA DEAL. WHAT CAN YOU TELL US >> YES, LESTER, THAT PLEA DEAL FIRST BEGAN TO CRUMBLE UNDER SCRUTINY FROM A FEDERAL JUDGE. NOW LAWYERS FOR THE PRESIDENT'S SON SAY PROSECUTORS ACTUALLY WENT BACK ON THEIR AGREEMENT ON THOSE TAX-RELATED CRIMES, DETAILING HOW NEGOTIATIONS BROKE DOWN IN A NEW COURT FILING AND SAYING A SEPARATE AGREEMENT NOT TO PROSECUTE BIDEN FOR A GUN OFFENSE SHOULD STAND. MEANWHILE, THE LEAD PROSECUTOR IN THAT CASE NOW ELEVATED TO A SPECIAL COUNSEL SAYS THE CASE IS LIKELY GOING TO TRIAL, LESTER >> ALL RIGHT, LAURA, THANK YOU FOR THAT >>> ALSO TONIGHT, THE POLICE RAID IN A SMALL TOWN NEWSPAPER IN KANSAS IS DRAWING CRITICISM FROM ACROSS THE COUNTRY AMID CONCERNS OF PRESS FREEDOM. STEPHANIE GOSK HAS DETAILS. >> Reporter: POLICE IN MARION, KANSAS SEIZED HARD DRIVES, CELL PHONES AND DOCUMENTS FROM THE LOCAL PAPER'S OFFICES. FRIDAY'S RAID, CAPTURED BY SURVEILLANCE CAMERAS ERIC MEYER, THE PUBLISHER AND OWNER OF THE "MARION COUNTY RECORD" SAYS HIS PAPER WAS UNFAIRLY TARGETED. >> POLICE CHIEF SAW AN OPPORTUNITY TO LET'S REALLY STICK IT TO THIS NEWSPAPER, WHICH HAS NOT BEEN ENTIRELY SUPPORTIVE OF HIM. >> Reporter: THE SEARCH ALSO INCLUDED MEYER'S HOME HE BELIEVES THE STRESS OF IT CONTRIBUTED TO THE DEATH OF HIS 98-YEAR-OLD MOTHER, JOAN, WHO CO-OWNS THE PAPER. >> SHE BECAME SO UPSET ABOUT THIS THAT SHE WOULDN'T EAT THAT DAY, SHE WOULDN'T SLEEP THAT NIGHT >> Reporter: MEYER SAYS IT ALL STEMS FROM ALLEGATIONS MADE BY A LOCAL RESTAURANT OWNER, WHO TOLD THE CITY COUNCIL THE PAPER ILLEGALLY OBTAINED HER DRIVING RECORD, WHICH INCLUDED A DUI >> LAST WEEK WE RECEIVED A TIP FROM A SOURCE ABOUT SOME DRIVING VIOLATIONS OF A BUSINESS PERSON IN TOWN WE CHECKED OUT THOSE TIPS >> Reporter: ACCORDING TO THE SEARCH WARRANT, THE NEWSPAPER IS ACCUSED OF IDENTITY THEFT AND COMPUTER CRIMES MEYER DENIES THE ALLEGATIONS AND SAYS THE PAPER DECIDED NOT TO RUN THE STORY >> HOW UNUSUAL IS A POLICE RAID LIKE THE ONE THAT WE SEE HERE IN MARION? >> IT'S EXTREMELY RARE >> Reporter: NBC NEWS AND OTHER MEDIA ORGANIZATIONS ARE CALLING WHAT HAPPENED IN MARION A VIOLATION OF THE FIRST AMENDMENT. UNDER FEDERAL LAW JOURNALISTS' WORK IS PROTECTED AGAINST SEARCH AND SEIZURE WITH FEW EXCEPTIONS. >> YOU USE SUBPOENA POWER TO CORROBORATE ALLEGATIONS. YOU DON'T EXECUTE SEARCH WARRANTS. >> THERE WEREN'T ANY SUBPOENAS HERE >> THAT'S RIGHT. >> Reporter: THE MARION POLICE CHIEF IS DEFENDING THE RAID WRITING IN A STATEMENT, "THE JUDICIAL SYSTEM THAT IS BEING QUESTIONED WILL BE VINDICATED." STEPHANIE GOSK, NBC NEWS >>> IN 60 SECONDS, THE STAGGERING NEWS ABOUT THE CHANGING PLANET. WHY LAST MONTH WAS UNLIKE ANY OTHER AND HOW YOUNG PEOPLE PLAYED A KEY ROLE IN A LANDMARK CLIMATE RULING AND WHY IT MAY HAVE A MUCH BROADER IMPACT >>> IT'S OFFICIAL, JULY WAS THE HOTTEST MONTH ON RECORD. NASA AND NOAA SCIENTISTS TODAY CONFIRMING THAT LAST MONTH SMASHED THE PREVIOUS RECORD BY MORE THAN 1/3 OF A DEGREE A STUDY LAST MONTH FOUND THIS SUMMER'S RECORD-BREAKING HEAT WOULD BE, QUOTE, VIRTUALLY IMPOSSIBLE WITHOUT CLIMATE CHANGE >>> AND IN MONTANA TODAY A LANDMARK COURT DECISION A JUDGE SIDING WITH A GROUP OF YOUNG PEOPLE WHO ACCUSED THE STATE OF VIOLATING THEIR RIGHTS BY SUPPORTING FOSSIL FUELS ANNE THOMPSON JOINS US NOW. ANNE, THIS COULD BE A GAME CHANGER >> IT COULD, LESTER. AND IT'S A SWEEPING VICTORY FOR THE 16 YOUNG PEOPLE WHO BROUGHT THE CASE THE FIRST OF ITS KIND TO GO TO TRIAL A DISTRICT JUDGE RULED THAT THEIR RIGHT TO A CLEAN AND HEALTHFUL ENVIRONMENT IS GUARANTEED BY MONTANA'S CONSTITUTION WAS VIOLATED BECAUSE THE STATE PROHIBITED AGENCIES FROM TAKING CLIMATE CHANGE IMPACTS INTO CONSIDERATION WHEN EVALUATING FOSSIL FUEL PROJECTS. THE JUDGE ALSO RULED THAT THE BAN WAS UNCONSTITUTIONAL THE JUDGE FOUND THE STATE KNEW ABOUT THE DANGERS OF GREENHOUSE GASES FROM FOSSIL FUELS FOR AT LEAST 30 YEARS AND THAT UNTIL THE CONCENTRATIONS ARE REDUCED SHE SAYS YOUNG PEOPLE WILL BE UNABLE TO LEAD CLEAN AND HEALTHY LIVES IN MONTANA. THE STATE SAYS IT WILL APPEAL A SPOKESPERSON CALLED THE TRIAL ABSURD AND A PUBLICITY STUNT. LESTER >> ANNE, THANK YOU >>> UP NEXT, HIS STORY WAS DEPICTED IN THE MOVIE "THE BLIND SIDE." WHY THE FORMER NFL STANDOUT IS NOW SUING >>> IT WAS THE FEEL-GOOD HIT THAT WON OSCAR GOLD BUT NOW THE FORMER NFL STAR WHOSE REAL-LIFE STORY INSPIRED "THE BLIND SIDE" SAYS IT WAS ALL BASED ON A LIE. KAYLEE HARTUNG WITH THE STUNNING CLAIMS. >> NEVER HAD ONE BEFORE >> WHAT, A ROOM TO YOURSELF >> A BED >> Reporter: THE 2009 FILM "THE BLIND SIDE" CAPTURED HEARTS ON THE BIG SCREEN, TELLING THE STORY OF FUTURE NFL STAR MICHAEL OHER'S ADOPTION BY A WEALTHY MEMPHIS FAMILY BUT TONIGHT IN A NEW LAWSUIT OHER CLAIMS IT WAS ALL A LIE, THE TUOHY FAMILY EXPLOITED HIM FOR THEIR OWN BENEFIT, AND NOW HE WANTS TO SEVER ALL LEGAL TIES OHER ALLEGES THE TUOHYS HAVE FALSELY AND PUBLICLY REPRESENTED THEMSELVES AS THE ADOPTIVE PARENTS OF MICHAEL BUT NEVER LEGALLY ADOPTED HIM. INSTEAD OHER SAYS THE COUPLE TRICKED HIM IN 2004, LESS THAN THREE MONTHS AFTER HE TURNED 18, INTO SIGNING A DOCUMENT THAT MADE SEAN AND LEIGH ANNE TUOHY HIS CONSERVATORS GIVING THEM FULL LEGAL CONTROL OVER ALL OF HIS CONTRACTS BUT NO FAMILIAL RELATIONSHIP. IT'S A LIE OHER SAYS HE DISCOVERED TO HIS CHAGRIN AND EMBARRASSMENT JUST SIX MONTHS AGO >> A CONSERVATORSHIP IS VERY DIFFERENT FROM AN ADOPTION. A CONSERVATORSHIP DOES NOT CREATE A FAMILY RELATIONSHIP IT CREATES A LEGAL RESPONSIBILITY >> Reporter: WITH THAT POWER, THE PETITION ALLEGES, THE TUOHYS NEGOTIATED THE MOVIE DEAL FOR "THE BLIND SIDE" IN 2006. OHER CLAIMS THE FAMILY MADE MILLIONS IN ROYALTIES WHILE OHER SAYS HE RECEIVED NO PAYMENT WHATSOEVER THE TUOHYS HAVE NOT RESPONDED TO COMMENT BUT IN THEIR 2010 BOOK "IN A HEARTBEAT" THEY SAID OF THE MONEY MADE FROM THE MOVIE, "WE DIVIDED IT FIVE WAYS." SEAN TUOHY JR. SAID IN AN INTERVIEW TODAY THE FAMILY WAS NOT SURPRISED BY THE LAWSUIT. >> THERE'S THINGS BACK IN 2020, 2021 IF YOU GUYS GIVE ME THIS MUCH I WON'T GO PUBLIC WITH THINGS >> Reporter: MICHAEL OHER IS NOW 37 YEARS OLD AND RETIRED AFTER PLAYING EIGHT SEASONS IN THE NFL HE IS ASKING THE COURT TO END THE CONSERVATORSHIP AND PROHIBIT THE TUOHYS FROM USING HIS NAME AND LIKENESS AND PAY HIM HIS FAIR SHARE LESTER >> ALL RIGHT, KAYLEE, THANK YOU. AND COMING UP, THE DRAMATIC NIGHTTIME RESCUE OF FOUR DIVERS LOST AT SEA. THE >>> IN FLORIDA TODAY AUTHORITIES SAY AT LEAST 16 PEOPLE WERE INJURED WHEN TWO AIRBOATS COLLIDED. IT HAPPENED AT A WILDLIFE PARK IN CENTRAL FLORIDA SOUTH OF ORLANDO OFFICIALS SAID THE BOATS RUN BY WILD FLORIDA WERE CARRYING ABOUT 30 PEOPLE INCLUDING THE TWO CAPTAINS TWO OF THE INJURED WERE IN CRITICAL BUT STABLE CONDITION >>> AND FINALLY, THE DRAMATIC RESCUE OF FOUR MISSING DIVERS OFF THE COAST OF THE CAROLINAS. THEY WERE SPOTTED AND PULLED TO SAFETY IN THE MIDDLE OF THE NIGHT AND LIVED TO TELL THE TALE TO OUR SAM BROCK. >> Reporter: DRAMATIC NEW IMAGES TONIGHT RELEASED BY THE U.S. COAST GUARD SHOW A TINY RAFT BOBBING IN AN ENDLESS CHOPPY SEA. ON THAT RAFT, FOUR DIVERS WHO WERE MISSING FOR MORE THAN 15 HOURS >> ONCE THE SUN SET THEN EVERYTHING CHANGES. THE TEMPERATURES DROP ON THE SURFACE OF THE WATERS, THE WINDS PICK UP >> Reporter: BEN WITHERS AND THREE OTHERS HUDDLING TOGETHER WITH THEIR VESTS INFLATED SAW HELICOPTERS IN THE LATE AFTERNOON, BUT THEY WEREN'T SPOTTED BY RESCUERS UNTIL ALMOST 1:00 A.M. >> IT WAS THANK YOU GOD BECAUSE WE WERE ALL CALLING OUT LOUD, "GOD, PLEASE HELP US." I SAID TO MYSELF, WE NEED YOU NOW, WE NEED YOU NOW. >> Reporter: COAST GUARD CHOPPERS DROPPING FLARES AND A RAFT THEN A NAVAL WARSHIP, WHICH HAPPENED TO BE NEARBY, DISPATCHING A TEAM TO BRING THEM HOME HOW SMALL IS THE TARGET THAT YOU'RE LOOKING FOR? >> IT'S ALMOST LIKE LOOKING FOR A WATERMELON IN THE OCEAN. >> Reporter: BUT BY MORNING'S LIGHT IT WAS HUGS AND ANSWERED PRAYERS. >> WE HAD THE FAMILIES WAITING AT THE TOP OF THE DOCK, AND IT WAS JUST -- IT WAS A SPECIAL MOMENT >> Reporter: THE IMPROBABLE OUT TO SEA SAGA STARTING WITH A RECREATIONAL DIVE AT 9:00 A.M LED BY WIGGINS, WHO HAS DECADES OF SPECIALIZED NAVY DIVING EXPERIENCE. HE SAYS HE NOTICED THE STRONG CURRENT RIGHT AWAY WHEN THEY EMERGED ABOUT 45 MINUTES LATER, THE DIVERS COULD REACH ONE ANOTHER BUT THEIR BOAT WAS ALMOST 300 YARDS AWAY >> WHEN YOUR FAMILIES SAW YOU ALL FOR THE FIRST TIME, WHAT WAS THAT MOMENT LIKE >> NO WORDS. I MEAN, I JUST BROKE DOWN IT'S A MIRACLE >> Reporter: THE SIGHT OF LOVED ONES CREATING A SENSE OF RELIEF DEEPER THAN ANY OCEAN. SAM BROCK, NBC NEWS. >> QUITE A STORY THAT'S "NIGHTLY NEWS" FOR THIS MONDAY. THANK YOU FOR WATCHING I'M LESTER HOLT. PLEASE TAKE CARE OF YOURSELF AND EACH OTHER. GOOD NIGHT