showing the inmate crawling up the walls and onto the roof in chester county. where they think he could be now. trevor ault in pennsylvania tonight. this record heat wave spreading across the u.s. from texas all the way up to the northeast. now the front coming, colliding with this heat. the real risk for damaging storms in the major cities in the northeast. we'll time it out for you. we're also following that tropical system that just became a hurricane before we came on tonight. they believe it could reach cat-4 status. will it affect the east? rob marciano standing by to time all of this out. in georgia today, the televised scene from court. the judge in former president trump's case in fulton county. what that judge is now signaling about the idea that the former president and all of his alleged 18 co-conspirators could be tried at once. breaking news tonight -- president biden rejecting the proposed conditions for plea deals involving five guantanamo detainees accused of aiding the attacks on 9/11. the horrific scenes. the deadly russian strike just as secretary of state antony blinken makes a surprise visit to ukraine. a russian missile targeting a crowded market at lunchtime. a child among the dead. britt clennett in ukraine tonight. here in the u.s., the new warning that will effect millions of americans and the air bags in your cars. potentially explosive air bag inflators. we'll go down the list tonight. this involves air bags used by multiple car makers. kayna whitworth reporting. authorities searching for a missing cruise ship passenger after the ship returned to florida. the remarkable images -- multiple shark attacks, and the rescue playing out. the new covid booster could get the green light in days. how effective is it against the most common strains being seen in the u.s. right now? and tonight, this question -- why are flamingos showing up in states as far north as ohio? it has bird watchers and scientists very intrigued. the answer right here tonight. s. >> david: good evening, and it's great to have you with us here on a very busy wednesday night. the dangerous heat wave and the front now coming set to with all of this heat. damaging storms in major cities in the next 24 hours. and the storm that just became a hurricane. they believe it could be a cat-4. will it affect the east? we'll have the new track for you in just a moment. we do begin tonight with the breaking news. federal prosecutors in a new court filing revealing they plan to indict the president's son, hunter biden. they plan to file felony charges involving the illegal purchase of a gun by the end of this month. the gun charge had been part of a plea deal that hunter biden thought he had secured, but that deal fell apart in july. the new filing brought by u.s. attorney david weiss, recently named special counsel by attorney general merrick garland. weiss, who was appointed by donald trump, has been investigating hunter biden for five years. abc's chief justice correspondent pierre thomas leading us off tonight. >> reporter: tonight, special counsel david weiss announcing in a court filing he intends to indict hunter biden by the end of the month on felony charges he illegally purchased a gun when he was addicted to drugs. the gun charge was supposed to go away as a part of a plea deal the president's son struck with weiss, the u.s. attorney from delaware appointed by donald trump who had been investigating hunter biden for five years. as part of the deal, the president's son would plead guilty to tax crimes. but that deal unraveled in late july, and weeks later, weiss asked attorney general merrick garland to appoint him as special counsel in the case. >> upon considering his request, as well as the extraordinary circumstances relating to this matter, i have concluded that it is in the public interest to appoint him as special counsel. >> reporter: weiss has made it clear the parties are no longer in plea negotiations, telling the court on august 11th, the parties are at an impasse and the government believes this case will not resolve short of a trial. president biden standing by his son but pointedly refusing to comment on his case. >> i have no comment on any investigation that's going on. that's up to the justice department, and that's all i have to say. >> reporter: hunter biden's attorneys are preparing to fight. they believe the original plea deal on the gun charge should remain in place. they say the president's son should not be indicted on that charge as long as he stays off drugs and out of serious legal trouble, david. >> david: pierre thomas leading us off tonight. pierre, thank you. now to these new and alarming images following the urgent manhunt in the northeast for an escaped murderer, breaking free from prison west of philadelphia. tonight here, the stunning new video of the convicted murderer. how he escaped from that chester county prison. first in a narrow hallway, then scaling the walls with his hands and feet, able to climb up onto the roof. authorities believe he is still in that region, a heavily wooded area. and here's abc's trevor ault in pennsylvania. >> reporter: tonight, stunning new video showing the daring prison escape of convicted killer danelo cavalcante, now on the run for nearly a week. >> at 8:51 a.m., cavalcante escapes from the prison having crab-walked up a wall, pushed his way through razor wire, run across the roof, scaled another fence, and pushed his way through more razor wire. >> reporter: prison officials in chester county, pennsylvania, releasing this footage after days of scrutiny, saying that razor wire on the roof had been added recently after another inmate escaped in an almost identical fashion back in may. but cavalcante was able to slip through that wire thursday, somehow evading notice of an observation tower guard. >> at 9:45 a.m., officers block noticed missing and officers conducted a special count. >> reporter: that was nearly after an hour after he scaled that wall, and prison staff didn't sound the public escape alarm or notify 911 until 10:01 a.m., 16 minutes after they realized he was missing. authorities say overnight, cavalcante was spotted for the seventh time. law enforcement swarming the area but still unable to find him in the dense woods. >> everything that i'm able to see, the various sightings that we've had, other aspects of this investigation lead me to believe that he is still there in that area. >> reporter: sources tell abc news the extreme heat is hindering the search, making it much harder for authorities to locate body temperature signals from their helicopters above. but authorities say they won't let up. >> it is important that we keep pressure on him as we continue the hunt. >> david: so, let's bring in trevor ault, live in pennsylvania again tonight. chester county officials, trevor, are facing tough questions about how the convicted murderer was able to escape. we saw that video there you just reported on. they've been warned about this prison? >> reporter: that's right, david, especially after that first prison break in may. but the acting warden says outside security consultants told them adding that razor wire to the roof would prevent an escape like this from happening again. that obviously wasn't the case. and now that tower guard, who didn't see or report cavalcante's escape, is now on administrative leave. david? >> david: trevor ault live in pennsylvania tonight. trevor, thank you. tonight, this late-season heat wave setting records from texas all the way up into the northeast. 88 million americans in 20 states now on alert tonight. and now this new front coming, set to collide with all this heat, and the real risk for damaging storms in major cities in the northeast in the next 24 hours. tonight, new york still city under a heat advisory. the first heat wave of the year here. many schools without air conditioning canceling in-person classes or dismissing early. and just before we came on the air tonight, the tropical system that has now become a hurricane. hurricane lee. they forecast it could reach category-4 status. we have the latest possible tracks tonight. of course, the question, could it affect the east? let's bring in senior meteorologist rob marciano, tracking it all for us, beginning with the heat tonight. hey, rob. >> reporter: well, david, we got that report today that also said that august, the ocean temperatures globally, record high, and that is fuel for hurricanes. we will get to lee in a second, but first, baltimore. 100 degrees, your third record in a row. newark, albany, burlington all broke records today. heat advisories up into texas, as well. that front is going to crawl to the east and not really come through and it's going to spark damaging storms during the afternoon tomorrow. d.c., baltimore, philly, new york city, all the way up into new england. these could have damaging winds, and the humidity sticks around. all right, hurricane lee now, about 1,000 miles east of the leeward islands. the forecast is to keep it north of the caribbean, but explode in intensity. rapid intensification with those warm waters, to cat 4 status on saturday. sometime on monday, it will be somewhere north of puerto rico. and then we're looking at computer models that want to turn it north, but it's so far away, there's no way to predict with any sort of confidence that this thing will miss the u.s. david? >> david: yeah, hopefully north and out to sea, but again, as you point out, rob, it's still so early. we'll continue to track it right here with you. thanks, rob. we're going to turn now to another breaking headline just as we came on tonight involving five detainees held at guantanamo bay, accused of aiding the attacks on 9/11. tonight, president biden is now rejecting the proposed conditions for plea deals involving all five. "the new york times" reporting the suggested conditions included guilty pleas in exchange for maximum punishments of life in prison, sparing them the death penalty. the decision comes just days before the nation commemorates the 9/11 attacks. we turn now to that televised court scene in georgia today. the charges involving former president trump and 18 other co-defendants. what the judge signaled today about whether they will all be tried together. here's our senior investigative reporter aaron katersky tonight. >> reporter: tonight, prosecutors in atlanta telling the judge they expect the trial of former president trump and his 18 alleged co-conspirators to take four months and involve dozens of witnesses. >> there are in excess of 150 witnesses that the state intends to call. >> reporter: prosecutors want to try all 19 defendants, including trump, together. but today, judge scott mcafee seemed unconvinced. >> i remain very skeptical. but we can -- i'm willing to hear what you have to say on it. >> reporter: it came in a hearing where two of the defendants, lawyers sidney powell and kenneth chesebro, each asked to stand trial alone and earlier than the others. powell had pushed the false conspiracy theory that georgia election machines were controlled by venezuela. >> what we are really dealing with here and uncovering more by the day is the massive influence of communist money through venezuela, cuba, and likely china. >> reporter: today, her lawyer saying powell played at most a small role in the broader conspiracy alleged. >> ms. powell had nothing to do with most it. ms. powell had nothing to do with false statements to state legislators, nothing to do with false statements to high-ranking government officials. >> reporter: chesebro allegedly plotted to keep trump in power using fake electors to falsely certify trump won georgia. his attorney arguing there's no reason to try him alongside anyone else. >> the state wants to make this case about donald trump. donald trump is one of 19 defendants. ken chesebro is another one. >> reporter: but prosecutors argue even if chesebro and powell had limited roles, they're charged with taking part in a larger conspiracy. >> anytime a person enters into a conspiracy, they are liable for all of the acts of all their co-conspirators. >> reporter: and tonight, the judge siding with prosecutors, ruling that powell and chesebro should stand trial together on october 23rd. but he still hasn't decided whether the former president and the others will stand trial with them or at a later date. >> it just seems a bit unrealistic to think we can handle all 19 in 40-something days. >> reporter: the judge will hold another hearing next week to decide whether prosecutors get their wish to try all 19 defendants together. former president trump was asked today, david, whether he would testify in georgia or any of the other three criminal trials he faces. he said he would, though, we know, david, his lawyers may have a different view. david? >> david: aaron katersky reporting on the case again tonight. thank you, aaron. this evening, a new legal obstacle for former president trump -- a lawsuit aiming to bar him from the primary ballot in colorado, citing the 14th amendment. that amendment's disqualification clause bars any person from holding federal or state office if that, quote, engaged in insurrection or rebellion against the u.s., whether or not they were convicted of the crime. the lawsuit filed on behalf of six republicans and unaffiliated colorado voters claiming trump's efforts to overturn the 2020 election disqualifies him. similar lawsuits are expected to be filed in other states. we turn now to the war in ukraine tonight and the horrific scene, a deadly russian strike targeting a crowded market at lunchtime. at least 17 people are dead. a child among the dead tonight. the attacks coming just as secretary of state antony blinken arrives, making a surprise visit to ukraine to demonstrate u.s. support. abc's britt clennett from ukraine tonight. >> reporter: tonight, the moment a russian missile strikes a marketplace during the lunch rush hour in the eastern city of kostyantynivka, killing at least 17 people, one of them a child. dozens are injured. first responders racing to the scene to put out the fires, treat victims, and carry away the dead in body bags. the kremlin for targeting innocent people who were simply shopping. the market attack, hours after u.s. secretary of state antony blinken arrived in kyiv for a surprise visit, in a show of continued american support for ukraine's fight. >> we see the important progress that's being made now in the counteroffensive, and that's very, very encouraging. >> reporter: blinken pledging more than a billion dollars in u.s. aid today, bringing the total amount committed by the u.s. since the start of the war to over $75 billion. blinken's visit coming at a critical juncture on the battlefield, with ukraine hoping more u.s. military support will help them push through russia's heavily fortified defenses in the south. western officials today saying that after 18 months of war, russia has now lost half of its combat power. david, the latest aid package for ukraine includes depleted uranium rounds for abrams tanks, which will help them pierce through the armor of russian tanks on the battlefield. david? >> david: all right, britt clennett live in ukraine tonight. britt, thank you. back here in the u.s. tonight, and to the new warning from federal authorities that will affect millions of americans. it involves the air bags in your cars. potentially explosive air bag inflators. tonight here, we go down the list. this involves air bags used by multiple car makers. here's kayna whitworth. >> reporter: tonight, an urgent warning for drivers, as 52 million air bag inflators could pose risk of serious injury or death, according to the national highway traffic safety administration, prompting the new push for a massive recall affecting at least 25 million vehicles on american roads. >> there is a chance that when the air bags deploy that, basically, pieces of metal, some shrapnel could be directed towards you. and instead of saving your life, it could potentially cause some injury, and so that is the big concern here. >> reporter: according to the agency, vehicles manufactured by 12 automakers may have driver or passenger air bags containing the potentially defective parts. bmw, ford, gm, hyundai, kia, maserati, mercedes-benz, porsche, tesla, toyota, and volkswagen. the eight-year investigation was spurred by reports of ruptures in different vehicle makes and models, allegedly resulting in several injuries and the death of a michigan mother of ten. marlene beaduoin's attorney says she was struck and killed by metal fragments when her 2015 chevy traverse was involved in a minor accident. and david, the manufacturer a.r.c. has not responded to our request for comment and also rejected the ask for a voluntary recall, saying this investigation lacked sufficient evidence and called those ruptures isolated events. david? >> david: kayna whitworth reporting here tonight in new york. good to have new new york, kayna, thank you. we turn now to the migrant crisis. there is late word tonight involving those floating barriers on the rio grande. a federal judge has now ordered texas to move those floating barriers to the shore. the judge ordering the state to move them to the river bank on the texas side of the river and not to put anymore structures in the river until a lawsuit filed by the department of justice is decided. tonight, governor greg abbott says texas will appeal. when we come back on this busy news night, authorities searching for a missing cruise ship passenger after the ship returned to florida, they noticed. also, the remarkable images, multiple shark attacks, and the rescue playing out, you'll see it. and why are the flamingos showing up in so many unexpected states? dupixent helps you du more with less asthma. and can help you breathe better in as little as 2 weeks. dupixent is an add-on treatment for specific types of moderate-to-severe asthma that's not for sudden breathing problems. dupixent can cause allergic reactions that can be severe. get help right away if you have rash, chest pain, worsening shortness of breath, tingling or numbness in your limbs. tell your doctor about new or worsening joint aches and pain, or a parasitic infection. don't change or stop asthma medicines, including steroids, without talking to your doctor. ask your specialist about dupixent. 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talk to your doctor and say yess to linzess. learn how abbvie and ironwood could help you save on linzess. to the index of other news, and tonight, moderna releasing to the index of other news, and tonight, moderna releasing new data about their new covid booster that could be available in just days. the company says the shot is expected to offer additional protection against currently circulating subvariants in the u.s., including the dominant xbb.1.5. it also offers a nearly nine-fold increase in antibodies against a highly mutated omicron subvariant also seen here. the booster could get the green light in the coming days, and be available by next week. we'll keep you posted. for the first time in two decades, the rolling stones are back with a new album of music. ♪ ♪ now what's that ♪ >> the band revealing the video for the first single "angry." their new album "happy diamonds" will be released october 20th. member charlie watts, who died back in 2021, is featured on two songs. lady gaga, paul mccartney, and stevie wonder also on the album. when we come back here tonight, the images -- the flamingos all over the u.s., in states where you don't usually see them. what's going on? 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