seditious conspiracy. what the fbi says it uncovered, cracking encrypted apps. the oathpe lder allegedly telling followers, we aren't getting through this without a civil war. federal authorities say they had quick reaction force teams prepared to transport weapons to d.c. we are also tracking a major winter storm tonight. the midwest, then the south, and then up the east coast, right into the northeast. on alert for snow and ice. dangerous driving ahead. and several inches of snow in some places. ginger zee times this out. tonight, britain's prince andrew stripped of his military titles just hours after a u.s. federal judge said the sex assault lawsuit against him can move forward. what buckingham palace is now saying tonight. the voting rights showdown on capitol hill. democratic senator kyrsten sinema and her words, just an hour before the president arrived on the hill to meet with democrats. did she, along with senator joe manchin, halt the president's efforts to protect voting rights? and now late word of a meeting tonight. and breaking news coming in now on sirhan sirhan, the man who killed robert k. kennedy. what california's governor has just now decided. and the father who stood up. his two little boys amazed. you'll see it right here. definitely america strong. good evening and it's great to have you with us here on this thursday night. and we begin tonight with the supreme court blocking president biden's vaccine mandate for large companies. the vote 6-3, the conservative justices against it. they did allow for the rules to move forward for 17 million health care workers at federally funded hospitals and facilities in this country. the supreme court decision coming late today. the conservative majority saying 0 th 0 that does not have the authority to enforce the rule. this effects some 80 million employees across the country. their own companies and bosses will now make that decision. many companies, of course, already have. as i mentioned, they did allow for a separate mandate to move forward for millions of health care workers at those federally funded sites. tonight, president biden's response, saying in part that justices blocked what he called common sense life-saving requirements. tonight, the president is now calling on the states and employ years to do the right thing. our senior white house correspondent mary bruce leading us off. >> reporter: tonight, in a blow to the white house, the supreme court blocking the biden administration from enforcing a vaccine and testing mandate for large businesses. the policy, which would have impacted more than 80 million employees, required they get vaccinated or wear masks and undergo weekly testing. the conservative justices argued the agency overseeing the mandate, the occupational safety and health administration, also known as osha, does not have the authority to regulate public health. >> osha has not traditionally mandated other vaccines for other hazards that could be -- pose a grave risk, some might say? the flu kills people every year. other grave diseases do, too. >> reporter: today, the court ruling 6-3, with liberal justices breyer, sotomayor and kagan dissenting, writing, "in the face of a still-raging pandemic, this court tells the agency charged with protecting worker safety that it may not do so in all the workplaces needed." many republicans tonight are celebrating the court's decision to halt the mandate, but the president says he is "disappointed that the supreme court has chosen to block common sense life-saving requirements for employees at large businesses that were grounded squarely in both science and the law." but in a victory for the white house, the court is allowing a vaccine mandate for workers at federally-funded health care facilities to continue, a move which impacts more than 17 million workers. the president tonight hailing that decision, saying it will save lives and that it is now on states and employers to do the right thing. pointing to united airlines which says that prior to putting in place their own vaccine mandate they were seeing an average of one employee dying every week from covid. the ceo stating, "we've now gone eight straight weeks with zero covid- related deaths among our vaccinated employees." >> they say that after their own mandate at united airlines. let's bring in mary bruce tonight. and you said it there. the president not t-- saying th supreme court decision, quote, does not stop me from using my voice as president to advocate for employ years. he said to do the right thing to protect americans' health and the economy. >> reporter: david, the white house is keeping up this fight. and they do believe that despite the court's ruling, that this mandate for large businesses encouraged millions of americans to be vaccinated and drove large companies like united to take action on their own. and tonight, the president is urging other large bidses to step up, as well. >> mary bruce, thank you. president biden taking new steps to surge resources where they're needed most, deploying six more military medical teams to six hard-hit states. 1,000 personnel part of this effort. tonight, our kayna whitworth in one of those states. she's at dayton's children's hospital in ohio. what doctors are seeing there right now, as kayna goes down the list of states tonight, where military medical personnel are now on the way. >> reporter: tonight, president biden deploying military medical teams to six hospitals in hard hit states -- new york, new jersey, michigan, rhode island, new mexico, and ohio. but at least 1,000 hospitals across the country are facing critical staff shortages. dayton children's in ohio is short-staffed and admitting more kids than ever since the omicron surge. >> because it is so much more infectious, we are seeing huge volumes of kids who are sick. >> reporter: doctors here say two-thirds of the kids admitted for covid have underlying conditions, many experiencing respiratory distress. >> you can even see it in the faces of kids who can't even talk yet, you know, their eyes get really big and they, you know, just -- we watch them struggle to breathe. and then on top of that, we watch their parents struggle. >> reporter: jackie kerby has been in the hospital with her 8-month-old daughter, enaeshya, who is fighting covid with a high fever and trouble breathing. jackie's vaccinated, but her baby is too young. >> sleeping, she barely can stay awake. she won't eat. that's not her. this turned her little life around. >> reporter: born premature, baby enaeshya is underweight and vulnerable. i bet you're scared. >> yes, i am very scared. i am terribly scared. >> reporter: when you look at her right now, what are you thinking? >> i want her to get better. i want to be able to take my baby home. >> reporter: doctors tell us nearly all of their sick patients have been unvaccinated and many of the parents who didn't get their eligible kids vaccinated are now questioning that decision. >> many families feel now that they should have vaccinated their children. and many of them have said who have recovered, the children say, "i would like to get vaccinated before i go home." >> reporter: jackie vaccinated her older children and is now urging other parents to protect their kids. >> make sure they wear the masks. you can get it. your kids can get it, and it can be a really, really bad outcome. >> reporter: and david, president biden making a long list of promises today. first, to provide a billion at-home rapid tests. and the white house plans on launching a website next week where you can go and order those tests. he is also promising every american a free, high quality mask. but david, the clock is ticking on those promises. david? >> we'll track it for sure. kayna whitworth tonight, thank you. now to that extraordinary move from the justice department today. the most serious charges yet in the attack on the capitol. 11 members of the oath keepers militia group charged with seditious conspiracy, including the group's leader, stuart roads, arrested in texas. the fbi breaking through encrypted apps. they say he allegedly messaged the group after the election, quote, we weren't getting through this without a civil war. here's our chief justice correspondent pierre thomas now. >> reporter: tonight, the justice department charging some of the capitol rioters with seditious conspiracy. their mission? to "oppose by force the lawful transfer of presidential power." those charged with trying to overthrow the government are alleged members of oath keepers, an anti-governme governmegoverng militia which heavily recruits current and former law enforcement officials. >> they're in tactical gear, they have body armor. you know, they're preparing for violence. i think what we saw was really an attempted coup, to a certain extent. >> reporter: the fbi's case built on cracking encrypted apps the group allegedly used to secretly communicate with one another. according to the indictment, two days after the election, oath keepers founder stewart rhodes allegedly messaged followers. "we aren't getting through this without a civil war." and days later, writing -- "we must now do what the people of serbia did when milosevic stole their election -- refuse to accept it and march en masse on the nation's capitol." the fbi says on january 6th, members of the group allegedly moved in search of speaker pelosi, why others allegedly staged an armed quick strike force in virginia, not far from the capitol. >> the details are stunning. pierre with us live from the capitol tonight. and pierre, you're hearing frfrom rhodes' attorney this evening? >> reporter: his attorney is pushing back hard, saying the government's case is built on nothing but lies. david? >> all right, pierre thomas following all of this since the sixth. pierre, thank you. next this evening, to the powerful winter storm sweeping across the country. the midwest to the southeast. the real concern there, ice. and then right up the east coast into the northeast. several states tonight already on alert for snow and ice. dangerous driving for days, as this moves right across the country. chief meteorologist ginger zee back with us tonight, timing it all out. hey, ginger. >> hey, david. we know that winder has been delayed, but in des moines, iowa, they are eight inches below average in snow. they're going to make it up all in one shot with this storm. now, it's not just iowa, it slides south through missouri, into the deep south, where they don't have a lot of equipment to clear this. northeast georgia just got a winter storm watch saturday night through sunday morning. 2 to 5 inches of snow just to the northeast of atlanta. a quarter inch of ice. driving very difficult. and sunday, it moves up the coast. by monday morning, the heaviest snow has fallen inland and it's rain from new york up through coastal connecticut into boston. and before any of that happens, the coldest air in three years. it will feel like 18 below. those dangerouses are dangerous. look at hartford there, up into maine. >> ginger, thank you. and happy birtd day. to the other news tonight, and a stunning rebuke for britain's prince andrew, stripped of his military titles, just hours after a federal just here in the u.s. decided a sexual assault lawsuit will go forward. tonight, what buckingham palace is now saying about the prince defending himself. abc's maggie rulli from london now. >> reporter: tonight, prince andrew now stripped of his military titles and royal patronages just hours after a u.s. judge said a civil sex abuse lawsuit against him can move forward. buckingham palace saying in a statement, "with the queen's approval and agreement, the duke of york's military affiliations and royal patronages have been returned to the queen," adding he "is defending this case as a private citizen." >> but to talk about a royal member of the royal family as a private citizen defending himself was clearly saying, "this man is no longer an active member of the royal family." >> reporter: a source telling abc news the queen's second son will also no longer use his royal highness in any official capacity. the prince stepped down from his royal duties in 2019, yet the monarchy has faced mounting pressure to do more, particularly one day after a judge in new york allowed virginia roberts giuffre to proceed with her lawsuit alleging the prince sexually abused her when she was 17, claims prince andrew has denied many times. >> there's so much damage being caused by this -- this case and these allegations that the royal family is now being dragged into it. the best thing to do is cut ties. >> reporter: and david, a royal source tells abc news this decision was widely discussed among the royal family. seemingly all of them now trying to get some distance from an tr andrew. >> maggie, thank you. back here at home tonight, to the vote gt rights showdown in washington. we have learned at this hour that senators joe manchin and kyrsten sinema are meeting with the president at the white house tonight. but earlier today, just an hour before the president traveled to the capitol to meet with democrats, what senator sinema declared in a speech. did she and manchin halt the president's effort on voting rights? abc's rachel scott. >> reporter: tonight, a tough blow for president biden from a member of his own party. less than an hour before the president was due to arrive on capitol hill to make a direct plea to democrats to change the senate rules to pass voting rights legislation, senator kyrsten sinema declared she's not on board. >> while i continue to support these bills, i will not support separate actions that worsen the underlying disease of division infecting our country. >> reporter: her announcement undercutting the president's visit. and when he emerged from his meeting with senate democrats, the president sounding somewhat defeated. >> i hope we can get this done. the honest to god answer is i don't know whether we can get this done. but one thing for certain, one thing for certain -- like every other major civil rights bill that came along, if we miss the first time, we can come back and try it a second time. >> let's get right back up to rachel scott tonight. and rachel, we did learn the president has invited senators sinema and manchin tonight. what more are you learning? >> reporter: well, senator kyrsten sinema is not budging on this and neither is senator joe manchin. he released a statement saying changing senate rules would be the easy way out. the white house says the president will continue to push on this and he will make another hard sell to both of those senators at the white house tonight. david? >> all right, rachel scott tonight. rachel, thank you, as always. there's also news tonight in the investigation in the house into the capitol attack. the republican lead er of the house, kevin mccarthy, now rejecting that committee's request to cooperate with the investigation. here's our chief washington correspondent jonathan karl tonight. >> reporter: on capitol hill today, republican leader kevin mccarthy defended his refusal to cooperate with the january 6th investigation. >> it is pure politics of what they're playing. >> reporter: the committee wants to ask mccarthy about his phone call with former president trump while the capitol was under attack. a year ago, he said he was willing to talk about it. >> would you be willing to testify about your conversation with donald trump on january 6th if you were asked by an outside commission? >> sure. nxt question. >> reporter: but today, mccarthy insisted he has nothing to say. >> my conversation was very short, advising the president of what was happening here. >> reporter: in fact, mccarthy's conversation with trump was much more than that. as i describe in my book "betrayal", mccarthy became angry after trump told him the rioters cared more about the election than he did. "who do you think you are talking to?" mccarthy told trump. "i just got evacuated from the capitol! there were shots fired right off the house floor. you need to make this stop." "they are more upset than you because they believe it more than you, kevin," trump responded. after the riot, mccarthy blamed trump. >> he should have immediately denounced the mob when he saw what was unfolding. these facts require immediate actions by president trump -- accept his share of responsibility. >> reporter: but two weeks later, mccarthy went to visit trump in mar-a-lago. and today, he seemed to take it all back. >> what changed from what you said on the floor criticizing him, saying that he was -- >> my criticism went to everyone on that day. why was the capitol so ill-prepared that day? >> reporter: the top republican on the committee was blunt. >> i wish that he were a brave and honorable man. he's clearly trying to cover up what happened. >> reporter: today, committee chairman bennie thompson said he is disappointed that mccarthy will not cooperate voluntarily and the committee is discussing issuing a subpoena, but david, a subpoena for kevin mccarthy is unlikely, for one, it is unclear how it would be enforced. >> all right, jon karl live back up on the hill again tonight for us. thank you, jon. when we come back here, the breaking headline tonight coming in on the man who kill ed rober f. kennedy. what california's governor has just now decided. and your health tonight. the new findings on the flu shot in children. (vo) verizon is going ultra and so is our best unlimited plan ever! mary, welcome to verizon's new plan with 5g ultra wideband now in many more cities. (mary) cool. (vo) up to 10 times the speed at zero extra cost. our 5g data is foreals unlimited no matter how much you use. (mary) did you just say foreals? (vo) sorry. let's put it to work with six premium entertainment subscriptions included! (mary) shhh, i'm in the lead. (vo) go on, watch all you want. (mary) i love this show. (vo) and because a better plan deserves a better phone... how about a new one on us? (mary) seriously? can du more. teamrk. seriously? th'which helps prevent asthma attacks. dupixent is not for sudden breathing problems. it's an add-on-treatment for specific types of moderate-to-severe asthma that can improve lung function for better breathing in as little as two weeks. and can reduce, or even eliminate, oral steroids. and here's something important. dupixent can cause serious allergic reactions, including anaphylaxis. get help right away if you have rash, shortness of breath, chest pain, tingling or numbness in your limbs. tell your doctor if you have a parasitic infection, and don't change or stop your asthma treatments, including steroids, without talking to your doctor. are you ready to du more with less asthma? just ask your asthma specialist about dupixent. tonight, california's governor gavin newsom has rejected parole for sirhan sirhan, who spent more than five decades in prison for assassinating robert f. kennedy in 1968. the governor saying he's never accepted responsibility for his crime. his possible parole dividing the kennedy family. who of rfk's son supporting his release. other family members against it, including ethel kennedy. when we come back tonight, news this evening about flu vaccinations, the flu shot this year, and children, and just how year, and children, and just how effective is the shot this time? e the last thing on my mind. hey mom, can i go play video games? sure, after homework. thankfully, voya provides comprehensive solutions and shows me how to get the most out of my workplace benefits. what's the wifi password again? here...you...go. cool. thanks. no problem. voya helps me feel like i've got it all under control. because i do. oh she is good. voya. well planned. well invested. well protected. maybe it's another refill at your favorite diner... or waiting for the 7:12 bus... or sunday afternoon in the produce aisle. these moments may not seem remarkable. but at pfizer, protecting the regular routine, and everyday drives us to reach for exceptional. working to impact hundreds of millions of lives... young and old. it's what we call, the pursuit of normal. ♪ ♪ i recommend nature made vitamins, because i trust their quality. they were the first to be verified by usp, an independent organization that sets strict quality and purity standards. nature made. the #1 pharmacist recommended vitamin and supplement brand. to be a thriver with metastatic breast cancer means asking for what we want. and need. and we need more time. so, we want kisqali. women are living longer than ever before with kisqali when taken with an aromatase inhibitor or fulvestrant in postmenopausal women with hr+, her2- metastatic breast cancer. kisqali is a pill that's significantly more effective at delaying disease progression versus an aromatase inhibitor or fulvestrant alone. kisqali can cause lung problems, or an abnormal heartbeat, which can lead to death. it can cause serious skin reactions, liver problems, and low white blood cell counts that may result in severe infections. tell your doctor right away if you have new or worsening symptoms, including breathing problems, cough, chest pain, a change in your heartbeat, dizziness, yellowing of the skin or eyes, dark urine, tiredness, loss of appetite, abdomen pain, bleeding, bruising, fever, chills or other symptoms of an infection, a severe or worsening rash, are or plan to become pregnant, or breastfeeding. avoid grapefruit during treatment. with kisqali. to the index. the new study on the flu shot and children. the cdc says flu shots dramatically reduce the risk of severe through in children, even when the vaccine doesn't fully match the strain, cutting that risk up to 78%. officials recommending flu shots for children 6 months and older. when we come back here tonight, the remarkable moment between a father and his two between a father and his two twin boys. lead to severe vision. and if you're taking a multivitamin alone, you may be missing a critical piece. preservision. preservision areds 2 contains the only clinically proven nutrient formula recommended by the national eye institute to help reduce the risk of moderate to advanced amd progression. "preservision is backed by 20 years of clinical studies" "and its from the eye experts at bausch and lomb" so, ask your doctor about adding preservision. and fill in a missing piece of your plan. like i did with preservision" looking to get back in your type 2 diabetes zone? once-weekly ozempic® can help. ♪ oh, oh, oh, ozempic®! ♪ ♪ oh, oh, oh ♪ ozempic® is proven to lower a1c. most people who took ozempic® reached an a1c under 7 and maintained it. and you may lose weight. adults lost on average up to 12 pounds. in adults also with known heart disease, ozempic® lowers the risk of major cardiovascular events such as heart attack, stroke, or death. ozempic® helped me get back in my type 2 diabetes zone. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. looking to get back in your type 2 diabetes zone? ask your health care provider today about once-weekly ozempic®. ♪ oh, oh, oh, ozempic®! ♪ you may pay as little as $25 for a 3-month prescription. you founded your kayak company because you love the ocean- not spreadsheets. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire [ sneeze ] matching your job description. are you ok? oh, it's just a cold. if you have high blood pressure, a cold is not just a cold. unlike other cold medicines, coricidin provides powerful cold relief without raising your blood pressure be there for life's best moments with coricidin. now in sugar free liquid. with less moderate-to-severe eczema, why hide your skin if you can help heal your skin from within? dupixent helps keep you one step ahead of eczema with clearer skin and less itch. hide my skin? not me. don't use if you're allergic to dupixent. serious allergic reactions can occur, including anaphylaxis, which is severe. tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. if you take asthma medicines, don't change or stop them without talking to your doctor. ask your doctor about dupixent. finally tonight, the father and his twin boys beaming with pride. all of them america strong. tonight, the remarkable moment. the former marine ranger, captain derek herrera, in the wheelchair. his 4-year-old twins watching. >> whoa! >> they watch as their father stands up for the first time, he does it in front of them. >> dad, you're tall! you're walking! >> yeah! >> hudson and hunter amazed. >> are you walking? >> i'm about to. what do you think? >> tall! >> we have followed captain herrera for years. leading his team 0 patrol in afghanistan, he was shot by a sniper in 2012. paralyzed from the chest down. afterward, the grueling recovery. the rehab. and that moment at bob woodruff's standup for heroes when captain herrera was about to walk across the stage with rewalk, exoskeleton technology. >> i forgot what walking was like. >> you're going to surprise the audience. >> yes. >> and he did it. this time, standing up before his sons. >> want to try going outside? >> yeah! >> and tonight here -- >> hi, david. >> we check in with the captain again. >> when i stood and heard hudson said to me how tall i was and that i could take a step and he was coaching me along, it really made me understand his perception of me and how he saw me and how he didn't see my paralysis or the fact that i use a wheelchair as a limitation. >> and tonight, his hope. >> i hope that epic year. well, we salute captain herrera, right along with his boys. good night. >> building a better bay area, moving forward, finding solutions. this is abc 7 news. >> as long as we have tens of millions of people who will not get vaccinated, we are going to have full hospitals and needless deaths. dion: military doctors being deployed across the country to fight coronavirus as even ers right here in the bay area fill up. anchor 2: but there are signs of hope in the most unusual place. how wastewater is showing the omicron surge could be went down. i'm larry beil. dion: i'm dion lim. you're watching abc 7 news at 4:00 right here on hulu live and wherever you stream. larry: the supreme court locked the test requirement for large workplaces. it did allow a mandate for workers at federally funded health care facility. dion: president biden will deploy medical teams to hospitals to fight the search. it will go to new york, new jersey, ohio, rhode island, michigan, and new mexico. chris: california reported 100,000 new cases for the third straight day, but the seven-day test positivity average has decreased only slightly to 23%. it was at 23.1%. dion: it's not just a positivity rate dropping that shows signs of improvement. chris: dustin dorsey shares potentially positive data suggesting the omicron wave may be on the way down. some are calling this the prophecy. dustin: covid testing has been at an all-time high as of late thanks to the omicron variant. but it's not the only indicator of community covid trends. and to find it, you have to dig deep. >> we are monitoring the levels of sars-cov-2 virus at wastewater treatment plants, all for wastewater treatment plants in santa clara county. dustin: since may of 2020, the county collected data through wastewater. since asymptomatic people don't often test and at home tests don't always reflect in the overall numbers.