millions that they may either be furloughed or required to work without pay. house republicans battling each other behind closed doors. rachel scott live on the hill. what house republicans are moving forward with, their impeachment inquiry against president biden. tonight, the major news, though. their own witnesses testifying on the hill today, saying there is no evidence right now president biden committed a crime. democrats pouncing. terry moran live in washington. in new york city at this hour, and in the east, the new storm now moving in. flooding concerns already. heavy rain and possible flash flooding. rob marciano standing by to time this out. authorities here in new york city seizing more than 40 pounds of fentanyl from an apartment. they say an alleged drug mill, just six blocks from that day care where a 1-year-old boy died of exposure to the drug. authorities arresting the suspect, saying he carried the drugs on the subway. breaking news tonight involving former president trump, losing his bid to delay the sweeping fraud trial here in new york. the new york a.g. now plans to call donald trump and three of his adult children to testify. it starts in days. president biden at the major announcement of the coming john mccain library. what he said today about donald trump, and what he hopes republicans, independents, and democrats will put first. the disturbing video tonight allegedly showing a state trooper assaulting two teenagers. that trooper indicted by a grand jury. we have news tonight in the case of that young ceo found dead. police say they have captured her alleged attacker now. and what they're now revealing about the attack. the small plane crash. a student pilot and instructor both dying, going down in a storm. and tonight here, we remember a beloved actor from the harry potter movies. good evening and it's great to have you with us here on a very busy thursday night. the government shutdown looking more likely tonight. the deadline just two days away. republicans cannot agree. also at this hour, the major storm moving into the northeast. there are concerns about this already. but first, right to capitol hill tonight, the fighting behind closed doors among republicans in the house. millions of government workers, including military families and border patrol officers, now bracing for a shutdown. their paychecks at stake here. house speaker kevin mccarthy struggling to reach a deal with a handful of hard-right republicans. federal agencies are now notifying millions of employees to brace for a shutdown, warning many employees could be furloughed or required to work without pay. among them, members of the military and military staff, and some 20,000 border patrol officers asked to stay on the job with deferred pay. millions of americans, their paychecks, and the government as a whole, now two days away from a potential shutdown. rachel scott leading us off on the hill tonight. >> reporter: tonight, with millions of americans, including military families and border patrol officers in danger of losing their paychecks if the government shuts down in just two days, house speaker kevin mccarthy struggling to make a deal with hard-right republicans. mccarthy saying if those renegade republicans support a short-term bill to fund the government, he'll add stepped-up measures to police the border. but tonight, those holdouts unmoved. do you believe mccarthy has the votes, if he puts that cr on the floor tomorrow? >> no, he doesn't. >> reporter: it will fail? >> yeah. >> reporter: behind the scenes, negotiations within the gop growing heated. there's still some republicans who say they're not going to vote for any short-term deal. >> did you ask them why? why would they side with biden on an open border, when we have an opportunity to do something about the border? are they doing it for that reason? doing it for personal reasons? doing it for chaos? >> reporter: tonight, the department of homeland security warning a shutdown would force some 20,000 border patrol officers to work without pay. federal money that helps local communities cope with the surge of migrants would dry up. local officials, like the mayor of laredo, texas, warning an already dangerous situation would get even worse. >> if the shutdown happens by this friday, i'll have to issue a declaration of emergency for our city. we can't have lack of security for our border. >> reporter: for a second day in a row, senate minority leader mitch mcconnell rebuking his fellow republicans in the house. >> shutting down the government is a choice. and it's a choice that would make the crisis at our southern border even worse. >> reporter: senate democrats, meanwhile, flat-out refusing to go along with mccarthy's plan. >> if we need to put on the table some border security measures, we should take the next two months to figure out exactly what that is, rather than throwing something together in an afternoon and jamming it into this bill. >> reporter: so, tonight, speaker mccarthy in a box. the clock ticking. his own members turning against him. is that a failure of leadership, the fact that republicans didn't start this process sooner, we're now down to the wire here? >> yes. >> reporter: and we're still going through this? >> yes. it is a failure of leadership. >> david: so here we go again, right back to rachel scott live up on the hill tonight. all eyes on house republicans. what is house speaker kevin mccarthy's next move here? >> reporter: david, just moments ago, speaker mccarthy says he still does plan to bring his own bill to the floor for a vote tomorrow. this would temporarily fund the government and add in border provisions, but he still does not have enough support within his own party to pass. and democrats over in the senate say his last-minute demands for more border security are coming too late in the game. bottom line, all signs are pointing toward a shutdown. david? >> david: millions of families will be affected by this. rachel scott, thank you. meanwhile, as millions brace for a shutdown, and what this could mean for their pay, house republicans moving forward on something else. the impeachment inquiry into president biden. there was a major headline today -- the republican-led committee's own witnesses testifying that there is no evidence right now that president biden committed a crime. democrats tonight calling this, quote, a complete waste of time, with the government on the verge of a shutdown. terry moran in the hearing room. >> the committee on oversight and accountability will come to order. >> reporter: today, the republicans made it official, holding their first hearing on whether to impeach president biden, looking to uncover whether he accepted bribes or abused his office in connection with his son hunter's overseas business dealings. >> this is a tale as old as time. politician takes action that makes money for his family, and then he tries to conceal it. >> reporter: but from the start, the republicans faced a problem, despite months of investigations, they have no concrete evidence of any wrongdoing by the president. even their own witnesses testified there is no proof of misconduct on the part of the president. >> i do not believe that the current evidence would support articles of impeachment. that is something that an inquiry has to establish. but i also do believe that the house has passed the threshold for an impeachment inquiry. >> reporter: democrats immediately pounced, denouncing the proceedings as a sham, an embarrassment, and a complete waste of time with the government on the verge of a shutdown. >> if the republicans had a smoking gun, or even a dripping water pistol, they would be presenting it today. but they've got nothing on joe biden. >> reporter: the democrats' witness offering this analogy, accusing republicans of trying to use the alleged crimes of hunter biden to go after his father. >> hunter biden is arrested for speeding in a car owned by his father, and the police go after the father. i don't think that's how the law should work. i don't think that's how impeachment should work. >> reporter: david, with two of the three witnesses republicans called saying they did not see enough evidence to justify an impeachment, one saying he didn't see enough evidence to justify any wrongdoing, democrats fired back. one of them saying the problem with slinging mud is, you have to have some mud. david? >> david: terry moran live on the hill tonight. terry, thank you. in new york city tonight, and across much of the northeast, millions now bracing for this new storm moving in, in fact, in new york, a flood watch already at this hour. let's get right to senior meteorologist rob marciano, tracking it all again for us. hey, rob. >> reporter: hi, david. we really have two systems that are converging over manhattan, over the next 36 hours, and the rains really have already started. the first low is down across the carolinas, been spinning there for days now. coastal flood alerts up and down the east coast. that will be drawn up by an upper low across ohio, and the rains will continue to pick up. the winds will pick up, as well, as we go through tomorrow. throughout the day, a raw, rainy, windy day up and down the i-95 corridor. some of the worst stuff could be at this time tomorrow, right around the rush hour. it lingers in through saturday morning, saturday afternoon. flood watches are up in and around new york city from central jersey to the lower hudson valley, in through parts of new york. two to four, maybe as much as a half a foot of rain in some spots. that will at the very least flood some roadways, maybe worse than that, before drying out on sunday. david? >> david: drive safely tomorrow indeed. rob marciano, our thanks to you tonight. authorities here in new york city this evening have seized more than 40 pounds of fentanyl from an apartment. they say it was an alleged drug mill and it was just six blocks from the day care where a 1-year-old boy died from exposure to the drug. authorities arrested a suspect who they say carried the drugs onto the busy new york city subway. here's our senior investigative reporter aaron katersky tonight. >> reporter: tonight, authorities say this new york city apartment doubled as a drug mill, packaging enough fentanyl to kill a million people. a lot of it wound up on the subway, carried by a suspected drug trafficker in this bag, filled with 13 kilograms of fentanyl. 13 kilos of fentanyl on the subway. that's terrifying. >> aaron, it is the most reckless and most irresponsible thing that traffickers could do, is move this poison on the public transportation system of new york city. >> reporter: police say the drug mill was just six blocks from the day care where a 1-year-old died, and three other children had to be revived with narcan after exposure to fentanyl. law enforcement sources now tell abc news, the owner, who is charged with the boy's murder, had pulled her own toddler out of her day care because she feared his exposure to fentanyl. tonight, the mayor of new york announcing plans for a summit on the fentanyl crisis. >> we are just dealing with a new enemy, and we have to stay ahead of those who are finding creative ways to create dangerous environments. >> reporter: the husband of the day care owner had managed to flee to mexico, but tonight, david, he's back on u.s. soil and facing federal drug charges. david? >> david: aaron katersky. aaron, thank you. and the other major headline here in new york tonight involving former president trump, losing his bid to try to delay the sweeping fraud case. the trial is now set to begin on monday. and new york's attorney general plans to call trump and three of his adult children to testify. here's pierre thomas. >> reporter: tonight, donald trump's attempt to delay his civil fraud trial denied. the case set to start on monday. and on the witness list, the former president himself, as well as three of his children. ivanka, eric, and don jr. the trial set to begin just days after a judge ruled that trump had committed widespread fraud by lying about the value of his assets, inflating his net worth by as much as $2.2 billion. trump has denied wrongdoing, saying the state attorney general's fraud case against him is fraud, and he's called the judge deranged. but the former president could now face penalties up to $250 million and the possibility of losing control of some of his most famous properties in new york, including 40 wall street, and his namesake, trump tower. the legal skirmishing before the case comes to court now appears to be over. new york attorney general leticia james saying today, quote, we are ready for trial. so, barring a new legal maneuver, in just four days, an incredibly consequential case goes to trial, with trump fighting to protect his fortune, david. >> david: pierre thomas right here in new york tonight. pierre, thank you. tonight, president biden at the major announcement of the new john mccain library in arizona. biden trying to reach out today with his message to republicans and independents. here's our chief white house correspondent mary bruce in arizona tonight. >> reporter: at a deeply symbolic event announcing a new library in honor of senator john mccain, president biden with an appeal to national unity, and doing something he rarely does, calling out donald trump by name, as a threat to democracy. >> trump says the constitution gave him, quote, the right to do whatever he wants as president, end of quote. i've never even heard a president say that in jest. not guided by the constitution or by common service and decency towards our fellow americans, but by vengeance and vindictiveness. >> reporter: the president urging americans to put democracy first. >> i'm asking you to, regardless whether you're a democrat, republican or independent, put the preservation of our democracy before everything else. put our country first. >> reporter: biden saying he is the president for all americans, not just those who voted for him. >> i was able to get the infrastructure bill passed. it's over a trillion dollars. the majority of it, so far, has gone to red states who didn't vote for me, because i represent all of -- no, i'm serious. i represent all americans, wherever the need is. >> reporter: biden taking aim at trump 24 hours after the republican front-runner rallied auto workers in michigan, but choosing to speak to them at a nonunion plant. >> david: let's bring in mary bruce, she's live in arizona. of course, on the republican side, former president trump leads the republican field by some 42 points or so, mary. as you know, last night, the second republican debate, this time, at the reagan library. trump did not go. his rivals pointing it out on stage, and here was florida governor ron desantis. >> donald trump is missing in action. he should be on this stage tonight. he owes it to you to defend his record, where they added $7.8 trillion to the debt. >> david: taking on donald trump, but desantis is some 40 points behind trump. the rest are behind desantis. so, trump's advisers tonight with a new message about potentially the next debate? >> reporter: well, david, they say he probably won't attend the next debate, either. they think he simply doesn't need to. donald trump is still dominating this race, without needing to take on the risks of debating. david? >> david: mary bruce in tempe, arizona, tonight. mary, thank you. we're going to turn now to the disturbing police body cam video allegedly showing a delaware state trooper attacking two teenagers following a prank. one teen ringing his doorbell and then running away. tonight, that trooper, though, has now been indicted. here's trevor ault. >> reporter: tonight, the growing outrage in delaware, as a state trooper is accused of a violent rampage for personal justice against two teenagers. >> i just want him held accountable for his actions, and i don't want to ever see this happen to nobody else. >> reporter: doorbell video capturing this 15-year-old kicking the front door of the home of trooper dempsey walters. that night, when walters learned the teenager had been detained, investigators say he drove to the scene, immediately striking the 15-year-old in the back of the neck with his knee. >> on your back! >> reporter: another officer placing the teen in a police vehicle. walters then allegedly turning off his body camera, but it still captured him striking the teen in the right side of his face, causing an orbital fracture. >> the footage in this case is hard to watch. as a prosecutor, the constitutional violations are stunning. >> reporter: and court documents say earlier in the night, walters first responded to the home of another teen with whom he'd had an altercation days prior. video there shows another officer drawing his weapon at the door, as walters pulls the teen to the ground. that teen was also injured. walters was indicted by a grand jury monday on multiple criminal offenses, including felony assault and depravation of civil rights. and david, walters has pleaded not guilty on all charges. he is on unpaid leave. of course, there are now growing cries that he needs to be fired immediately. david? >> david: all right, trevor ault tonight. trevor, thank you. there is also news tonight in the brutal murder of that young ceo in baltimore. the suspect is now under arrest. police say jason billingsley had a long criminal record and was wanted in a rape and arson nearby just days earlier. they arrested him at this train station in maryland last night. quoting the court documents, authorities believe that up and coming ceo, pava lapere, died of strangulation and blunt force trauma friday night. her body was found on the roof of her apartment building monday. it's unknown whether there was any prior connection. when we come back here tonight, there's news coming in this evening of a small plane crash. a student pilot and instructor both killed when the plane went down in a storm. and tonight here, we remember a beloved actor in so many of the harry potter movies. with wet amd, sometimes i worry my world is getting smaller because of my sight. but now, i can open up my world with vabysmo. vabysmo is the first fda-approved treatment for people with wet amd that improves vision and delivers a chance for up to 4 months between treatments. which means doing more of what i love. ♪ vabysmo is the only treatment designed to block 2 causes of wet amd. vabysmo is an eye injection. don't take it if you have an infection or active swelling in or around your eye, or are allergic to it or any of its ingredients. treatments like vabysmo can cause eye infection or retinal detachment. vabysmo may cause a temporary increase in eye pressure after receiving the injection. although uncommon, there is a potential risk of heart attack or stroke associated with blood clots. open up your world! a chance for up to 4 months between treatments with vabysmo. ask your doctor. 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"the king's speech." >> face boldly up to the bloody thing and stare it squarely in the eye as would any decent englishman. >> david: he was knighted in 1998, described as mischievous, funny, self-deprecating. tonight, actress helen mirren remembering him for his "natural irish sense of humor, naughty but very, very funny." and daniel radcliffe, harry potter, saying, "the world just became considerably less fun." >> do not pity the dead, harry. pity the living. and above all, all those who live without love. >> david: he leaves behind a remarkable body of work. thanks for watching here tonight. i'm david muir. i'll see you right back here tomorrow. good night. 30 years old tonight, hear from the mother of the six year old boy who was killed. >> and the clock is now ticking on the next step to recall alameda county district attorney pamela price. building a better bay area moving forward, finding solutions. this is abc7 news. >> tragic incident happened earlier today. there was a man working in the trench and there was a collapse. >> the tragic incident cost a man his life today. good evening. i'm karina nova and i'm julian glover. >> rescue workers were there for hours despite their efforts, ththis turned into a recovery operation. >> it all started around 1030 this morning at divisadero and oak k streets inin san francisca contractor working on a sewer project became trapped underneath about eight feet of dirt. >> abc seven news reporter melanie woodrow was at the site of the collapse all day with firefighters for close to two hours. >> firefighters attempted to rescue a contractor trapped under a trench collapse. everyone is shaken about this. around ten thursday morning. the call came in initially for a building collapse. first responders quickly discovered something else. this was a street side utility construction site that had a collapse within the footprint of their street side project. >> the fire department says one person was trapped under 8 to 10ft of dirt and concrete feet. >> firefighters used a street vacuum to suck the dirt up's