Tonight ahead of the super bowl. What theyre concerned about. Good evening, and its great to have you with us here on a tuesday night, and we begin with supreme suspense in washington at this hour and across this country. A decision coming in from President Trump that will change the makeup of the court and will affect key issues for years to come. All eyes on two men. Neil gorsuch from denver is in washington tonight. Thomas hardiman from pittsburgh, is son of a cab driver, once drove cab himself also in the lead for the running. He wants that primetime audience, which is typically a daytime announcement to 8 00 p. M. Eastern. The environment all in the balance. Abcs terry moran leads us off from the Supreme Court tonight. Reporter at the white house today, President Trump, a born showman, setting the scene for his primetime announcement. Well be announcing a Supreme Court justice who i think everybody is going to be very, very impressed with. So well see you at about 8 00. Reporter sources say the choice comes down to two men, both of whom have reportedly come to washington tonight, almost like some kind of reality tv show. One of the finalists, judge thomas hardiman, spotted on the road pumping gas. Can i ask about your trip to d. C. . Are you the potential Supreme Court pick . Reporter hes the 51yearold judge on the federal Appeals Court in philadelphia. Hes got a bluecollar background. First in his family to go to college, notre dame, known as a strong lawandorder judge. Then theres neil gorsuch, 49, a federal appeals judge in denver with sterling credentials harvard law, Oxford University known as a fine writer and staunch conservative in the mold of Justice Scalia. But judge hardimans gotten a boost from a key player President Trumps sister, judge maryanne trumpbarry, hardimans colleague on the bench in philadelphia. The court a critical issue for mr. Trumps supporters in the campaign, and he knew it. You have to vote for me anyway, you know why . Supreme court judges. Supreme court judges. Reporter whoever wins the prize from the president tonight with this appointment, the courts delicate balance wont change. President trumps pick replacing Justice Scalia to form the fourman conservative block squaring off against the four liberals, three of them women, with Justice Anthony kennedy, 80 years old, the crucial swing vote. You look at scalia, if you could do that, if you could duplicate that as far as im concerned, it would be absolutely perfect. Reporter the courts agenda in the coming years expected to include abortion rights cases, the battle to overturn roe v. Wade still raging. I am prolife and i will be appointing prolife judges. Reporter and cases driven by President Trumps nationalist agenda, like immigration and refugee issues, including the president s controversial executive order. Voting rights, especially as the president claims massive electoral fraud, and the scope of president ial powers. And terry moran with us live from the court tonight, and terry, we know there was no action taken on president obamas pick for Supreme Court for ten months. Republicans would not touch it, so are the democrats planning a similar strategy . Reporter Chuck Schumer hasnt said that for sure, but many Democratic Senators call this a stolen seat because of what happened to garland, and they will filibuster it, but they have to hold the line. They have three Democratic Senators that have already said they believe this nominee should have an hearing and an up or down vote, and thats more than garland got. Well see you shortly. 8 00 p. M. Eastern. That decision coming. Well see you then. In the meantime, one of the issues that could make it to the Supreme Court is the president s executive order on immigration. Tonight, the new backlash, and white house in damage control. The press secretary saying, it was not a, quote, ban in the first place. But President Trump used that word himself, and it turns out so did the press secretary. Abcs white house correspondent, jonathan karl. Reporter in the face of mounting legal challenges and a growing political backlash, secretary of Homeland Security john kelly stepped forward today to defend the president s extreme vetting executive order. This is not, i repeat not, a ban on muslims. Reporter despite reports that he was blindsided by the details of the executive order, kelly insisted his staff helped write it, and he had seen several drafts himself. Clearly, it was this whole approach was part of what thencandidate trump talked about for a year or two, so we knew all that was coming. Reporter the Trump Administration is battling these images families detained at airports when the ban on refugees and people from seven majority muslim countries went into effect. Lives in limbo. And now two of americas largest companies, amazon and microsoft, are joining lawsuits to stop the order. Speaker of the house paul ryan said he wasnt even told about the order until it was signed. No one wanted to see people with visas or green cards get caught up in all this. The rollout was confusing. Reporter in damage control mote, 872 refugees will be allowed into the country this week because keeping them out would have cause extreme hardship, and the press secretary says its not even a ban at all. You heard secretary kelly. I apologize. I want to get this straight. Reporter but wait. The president himself called it a ban in a tweet just yesterday. He is accuusing the words th the media is using. Wait a minute. Thanks, but i would like to talk. It cant be a ban if you are letting 1 Million People in. That is by nature, not a ban. Reporter and spicer himself has called it a ban twice over the past several days. Its a 90day ban. The ban deals with seven countries. Reporter this was the president on saturday. The day after he signed the executive order. We will have a very, very strict ban, and ewith will have extreme vetting. Reporter we tried to ask about that food. Sean. Sean well see you at 8 00. He called it a strict ban. Was the president wrong . Jon karl at the white house. Seems like an obvious question to ask. Noe no answer as he walked away. But republicans are furious with the democrats for bringing the formation of the president s cabinet to a near halt. Reporter they are crying foul on this. In fact, only four of the cabinet nominees have been confirmed. You can go back to the 1800s, and not find a president that has had so few confirmations, and today, the democrats worked to stall even further by refusing to show up for votes on his picks for treasury and health and human services, david. Jon karl right there at his post at the white house. Jon, thank you. Many of the Democrats Holding up the cabinet selections are cheering on the former acting attorney general who was swiftly fired by trump overnight. Sally yates questioned whether the order was lawful, telling the justice lawyers not to defend it. The white house then calling it betrayal. Promptly firing her. That drama spilling over into the confirmation hearings for the next attorney general now, and senior justice correspondent Pierre Thomas tonight. Reporter the white house says she betrayed the department of justice, but tonight democrats are embracing former acting attorney general sally yates as a hero. I know sally yates as a person of integrity. Sally yates stood her ground. That statement took guts. Reporter yates sent shock waves through washington with her announcement that the Justice Department would not defend the president s executive order. In a dramatic letter to the department, she questioned whether the immigration ban was consistent with this institutions solemn obligation to always seek justice and stand for what is right, adding she is not convinced that the executive order is lawful. Within three hours, yates, an obama holdover, was out, fired by President Trump. For the attorney general to turn around and say im not going to uphold this lawful executive order is clearly a dereliction of duty, and she should have been removed, and she was. Reporter yates received the news in a letter hand delivered to the Justice Department. In a blistering statement, the white house called her weak on borders and very weak on illegal immigration, saying she if you have a legally executed order, and the attorney general says im not going to execute it, it truly, clearly is a betrayal. Reporter her successor dana boente, another career prosecutor. His first order of business pledging to enforce the president s executive order. The clash comes as the Trump Administration battles to get its attorney general nominee, senator Jeff Sessions confirmed. Ironically, sessions once questioned yates in 2015 at her own confirmation hearing. The topic Justice Department independence. If the views the president wants to execute are unlawful, should the attorney general or the Deputy Attorney general say no . Senator, i believe that the attorney general or the Deputy Attorney general has an obligation to follow the law and the constitution and to give their independent legal advice to the president. Reporter today, democrats questioning whether sessions himself could demonstrate that kind of independence from President Trump. And Pierre Thomas with us live at the Justice Department tonight, and pierre, the Judiciary Committee was supposed to vote on Jeff Sessions, the president s pick, but the democrats are blocking that vote . Reporter the democrats did block todays vote knowing a little known procedural tactic, and they plan to try again tomorrow. Calling his colleagues, idiots and pathetipathetic. Emotions running high, david. Thank you. There is new reporting after a secret u. S. Mission in yemen turned deadly. A nay vey s. E. A. L. Killed, and William Ryan Owens from illinois. He was part of the team raiding an al qaeda compound. The first of the Trump Administration, and tonight the question. Did al qaeda know the americans were coming . Heres chief Global Affairs correspondent, martha raddatz. Reporter the raid started going terribly wrong from the beginning. The mission targeting the al qaeda operations compound had been in the works for months. But as the team of navy s. E. A. L. S flown in secretly from a u. S. Warship and dozens of Partner Forces approached compound, the s. E. A. L. S were met by withering gunfire. A source familiar with the raid told us today it was clear al qaeda knew the americans were coming. The pentagon says male and female combatants took up positions with heavy weapons, the intense firefight in close quarters, leaving s. E. A. L. William ryan owens dead and three other americans wounded. An osprey was called in to medevac the wounded, but in the darkness and dust, a hard landing left three more americans injured. The pentagon says at least 14 al qaeda fighters were killed, but officials are also assessing reports that the firefight left dead the 8yearold daughter, her picture posted online, of radical americanborn cleric anwar al alawki, killed in 2011. In. S you just reported. Sources telling you that al qaeda knew the americans were coming. They cover a quote, tremendous amount of information . Reporter they did. This mission from the beginning was meant to gather valuable intelligence from that compound. Its why President Trump signed off on it, and despite the efforts to fight off the s. E. A. L. S, they managed to grab electronics with data they hope will prevent fump terror attacks. Thank you. And new details now about that terror north of the border. Six muslims killed at a mosque while they prayed. Vigils across canada and the world after the attack in quebec city. Tonight, were learning more about the suspect and his antimuslim posts online. Abcs gio benitez is in quebec ci city. Reporter tonight, a closer look at the 27yearold who Canadian Police say terrorized a mosque in the middle of evening prayers. Alexandre bissonnette stands accused of killing six men, injuring more than a dozen others, shooting them all in the back when he allegedly stormed the mosque and opened fire sunday night. This canadian Facebook Advocacy Group for Syrian Refugees said they trolled their page. Vincent boissonneault knows him from school theyre connected on facebook. When you were looking at these posts, were you seeing signs of someone who might be antiimmigrant . Antiimmigrant in the broader sense, i guess so. Islamophobic, definitely. Islamophobic, definitely . I dont think anything could have told he was going to put his xenophobic thoughts into violent action. Reporter tonight, were seeing the faces of the men killed. This man, a professor at the same university where bissonnette studied anthropology and political science. These two teens saw the aftermath. They were on a stretcher. It was hard to hold back tears. Reporter memorials like this one are popping up all over this neighborhood. Bisonnette will be in court in late february where he will face more charges, including terrorism. Thanks. Next this evening, a dangerous commute for over 30 americans in the northeast. An Alberta Clipper will be into new england. This car landing upside down on a snowy road on new yorks long island. A fleet of ambulances in connecticut after a 30vehicle accident. Meteorologist ginger zee tracking it. Hey, ginger. Reporter hey, david. Just an inch or so. Just less, actually in new york city of snow and grople, but a problem on so many roadways. Police saying up to 300 accidents with this clipper coming through. You can see the Winter Weather advisories still in place for parts of massachusetts. This goes through early tomorrow and it will be out of new england and we time it, taking you to the evening hours of your wednesday. By that time, its out of maine, and thats what it will leave behind. If you are lucky, three plus inches. Come back inside. Thanks to you. There is much more oi head on world news tonight this tuesday. The security headline tonight involving the you believe so. Also the warning tonight. The senior who had 400,000 sto stole. The irs scam hitting all phons in the state. The study, and how late or early you should be eating dinner. And the fastmoving thieves. 200,000 worth of merchandise stolen in 30 seconds. A lot more ahead. I talked to my doctor and found a missing piece in my asthma treatment with breo. Oncedaily breo prevents asthma symptoms. Breo is for adults with asthma not well controlled on a longterm asthma control medicine, like an inhaled corticosteroid. 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Next tonight here, protecting your money. Tax season of course, is here. The irs warning tonight about a major scam hitting every state. Thousands of victims receiving phone calls, and tonight, you will hear the threats. Abcs Clayton Sandell on how to protect your money tonight. [ phone ringing ] reporter theyre the fake irs agents looking to steal real money, and this tax season, they are working overtime. Before there is an arrest warrant issued, i want you or your attorney to give us a call back. Reporter cindy stillwells 85yearold father joe was scammed by phone over two years, losing 400,000. It infuriates me that theres people out there doing this to senior citizens. Reporter her dad isnt alone. Since 2013 phone scammers tricked more than 10,000 victims out of more than 54 million. Fake agents are aggressive, even threatening to call the cops if i didnt pay up. And within the next hour, they will be at your doorstep to handcuff you and put you behind the bars. Reporter now the irs is warning about a 400 spike in another scam, phishing emails. Looking to steal your personal information, like passwords and Social Security numbers. The irs says they will never email you first. Theyll send a letter. The bottom line be very suspicious of emails and phone calls. I. R. S. , especially those wanting money. David. Tonight, the super bowl security. And the guidelines on when to eat dinner. Also walmart versus amazon. You could be the winner when it comes to shipping. Be right back. Wbe right back. Ebe right back. . For people whove been hospitalized for a heart attack. I take brilinta with a baby aspirin. No more than one hundred milligrams as it affects how well it works. Brilinta helps keep my platelets from sticking together and forming a clot. Brilinta reduced the chance of another heart attack. Or dying from one. It worked better than plavix. 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To the index of other news tonight, police in houston on high alert leading up to super bowl sunday. Police bracing for possible protests including dmon tragss against the president S Immigration ban. Police and military aircraft including blackhawk helicopters will patrol the sky during the dame. The faa issuing a 30mile flight restriction during the game. The Jewelry Store robbed in 30 seconds. In fort lauder dale, the suspects running off with about 200,000 of merchandise. New health guide lines for your heart tonight. The Heart Association suggesting when and how often you eat may cut the cause of ebeezty. Dont skip breakfast, and per d periodic fasting may help wagts loss, but they are suggesting la dinners may have a negative impact on the hort. To the delivery war this enaing. Walmart challenging amazon to offer Free Shipping to all customers. There is a minimum purchase of 35 to wayfy. When we come back, america strong. The surprise at school. 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See you tomorrow. Good night. We are ready to fight to keep our city safe. San francisco taking a stand against the federal government. Today the City Attorney announced a lawsuit against President Trump. Good afternoon, everybody, thanks for joining us. Im larry beil. And im ama daetz. The suit claims the president s executive order targeting sanctuary cities is unconstitutional. Carolyn tyler joins us live from city hall with a closer look at the lawsuit. Carolyn. Reporter well, this is a first of a kind lawsuit and accuses President Trump of overreaching. Unconstitutional and unamerican, thats how San Francisco City Attorney describes President Trumps executive order blocking federal funding from socalled sanctuary cities. Those are the hundreds of cities like San Francisco that limit cooperation with federal immigration agents in certain circumstances. No president can commandeer the local police force and turn it into the deportation arm of the federal government. Reporter the lawsuit accuses the Trump Administration of trying to financially coerce the city into abandoning its sanctuary policies. San francisco stands to lose 1. 2 billion a year, which is used for health care, schools, transportation and other necessities. The city is also expecting more scrutiny from immigration officials. Its no surprise that this president might continue to target us. Thats why ive said we should be ready. Reporter just last week immigration agents showed up at a Resource Center for latino families in the city. Today the Mission Community held a legal workshop to teach people their rights. The only thing that we can truly do now is educate ourselves and Stay Together as a community and support one another. Reporter this week San Francisco sheriff vicki henacy joined the mayor and police chief in sending a letter to the