sweeping fraud case. the judge already ruling that trump and his adult sons committed fraud. what this trial will now determine. what this could mean for some of his most famous buildings. aaron katersky live outside the courthouse. outside albany, new york, tonight, the amber alert issued for a 9-year-old girl vanishing in a state park. the family pleading for the public's help. stephanie ramos in upstate new york. on the hill tonight, house speaker kevin mccarthy battling to save his job, in jeopardy tonight after he helped keep the government from shutting down. the speaker among 126 republicans in the house who joined democrats to keep the government running. now some of those holdouts want him out. rachel scott live on the hill. the horror at a day care. three children falling into the pool. two of them did not survive. the race to save them all. the warning tonight from actor tom hanks about artificial intelligence. what americans should know, don't get scammed, he says, it is not him. a former football star for the patriots and 49ers killed in a small plane crash in lake placid. gymnast simone biles tonight making history. the remarkable move. it will now be named after her. tonight's powerball jackpot, what would you do with a billion? and we'll take you inside the new sphere in las vegas. u2 and the moment that wowed so many. good evening and it's great to start another week with all of you at home. we begin tonight with former president trump in the courtroom today here in new york, in the $250 million new york state civil suit accusing him of sweeping financial fraud. allegedly inflating the value of his properties by more than $2 billion you allegedly to secure better terms from lenders and insurance companies. the judge already ruling that trump, his sons, and his business committed fraud. now weeks of testimony to come to determine what the penalty will be. trump's defense team chose this route with the judge, rather than having a jury. trump scowling at times, brissefuling at the state's arguments. among the proproperties that he might be at risk of losing? his fifth avenue apartment in trump tower. the value inflated by $200 million. mar-a-lago exaggerated by $600 million. trump coming before the cameras several times today, repeatedly attacking the judge. the a.g. saying today, no one is above the law. at issue, if americans can inflate the values of their own homes to get better deals, the a.g. arguing, the former president and his family shouldn't be able to do so, either. here's our senior investigative reporter aaron kate stersky lea us off outside the courthouse tonight. >> reporter: tonight, former president trump in court, stone faced at the defense table for the opening of the civil trial that threatens to shatter the success story at the heart of his brand. new york attorney general letitia james in court too, staring at trump from her seat in the front row. she is accusing the former president of being a fraud and a liar. >> no matter how powerful you are, no matter how much money you think you may have, no one is above the law. >> reporter: on the bench, judge arthur engoron, who has already dealt trump a severe blow, ruling he did commit fraud, inflating his net worth by as much as $2.2 billion by overvaluing much of his real estate empire. it could mean trump will have to give up control of his signature properties in new york. in court today, lawyers for the state arguing trump lied year after year. and they had the receipts. take the trump tower penthouse. the state says the trump organization inflated its value by some $200 million, declaring it was it was 30,000 square feet. but the attorney general's team showed trump's signature on a document certifying the apartment is actually a third that size, 11,000 square feet. and while trump said mar-a-lago was worth up to $600 million, the state contends its assessed value was actually no more than $27 million. and they played video from the deposition of trump's former lawyer and fixer michael cohen, who says he and former chief financial officer allen weisselberg artificially boosted the value of certain properties at trump's direction if, say, he wanted to move up on the forbes list of the wealthiest people. >> mr. trump would call allen and i into the office, and let's say it said he was worth $6 billion. well, he wanted to be higher on the forbes list, and he then said, "i'm actually not worth $6 billion, i'm worth seven. in fact, i think it's actually now worth $8 billion with everything that is going on." allen and i were tasked with taking the assets, increasing each of those asset classes in order to accommodate that $8 billion number. >> reporter: trump's lawyers said real estate values, even square footage, are subjective, and the trump properties are mona lisa properties, suggesting they're priceless. throughout opening statements, trump sitting with his arms crossed, shaking his head. he sometimes muttered under his breath. often whispering with his attorneys. he wasn't required to be in court today, but he came anyway, and several times spoke to reporters in the hallway, attacking attorney general james and judge engoron. trump was given the option of a jury trial, but his lawyers didn't take it. and now his fate is in the hands of the judge. >> this is a judge that should be disbarred. this is a judge that should be out of office. >> reporter: using familiar language from the trump playbook. >> so very simply put, it's a witch hunt. it's a disgrace. >> reporter: the state is now asking the judge to impose a $250 million penalty. the attorney general's office says trump inflated his net worth to win better terms from lenders and insurance companies. something ordinary americans can't do, and so, david, the state says, president trump should not be allowed to do it, either. david? >> david: aaron, thank you. we turn next tonight to the amber alert for a 9-year-old girl who vanished in a new york state park while camping with her family outside albany, new york. last seen on her bicycle. her bike has been found, but no sign of her. her family tonight pleading for the public's help. abc's stephanie ramos is outside albany tonight. >> reporter: tonight, the fbi joining a massive search for a missing 9-year-old authorities fear was abducted while riding in her bike in a park north of albany, new york. a team of 400 people are now combing through the woods, and searching by air, using choppers and drones. state police checking vehicles around the park. >> we are leaving no stone, no branch, no table, no cabin unturned. >> reporter: charlotte sena was last seen at 6:15 saturday night in moreau lake state park where she was camping with her family. after riding bikes with friends around this loop, the fourth grader decided to go around one last time alone before sunset. but when she didn't return after 15 minutes, her parents started searching. at 6:45, the bike was found along the path, but charlotte was gone. >> they came here to just have an ordinary time. the kids could have a chance to be in nature, have a chance to be kids. but instead, the day turned into every parent's nightmare. >> reporter: by sunday morning, police sending out an amber alert. the family posting photos and video of charlotte on social media to get the word out. >> no tip is insignificant. if you have ring cameras, if you were camping here this weekend. >> reporter: tonight, charlotte's family and friends say they need the public's help. >> every little bit helps, whether you saw something, think of something. focus on this, because this little girl needs you. >> reporter: and david, the park is behind me, this is a really large search area. the park itself is more than 6,200 acres, and state police say they are working around the clock. tonight, this community will gather for a vigil, praying for charlotte's safe return. david? >> david: everyone thinking about that little girl and that family tonight. stephanie ramos, thank you. now, to capitol hill, where house speaker kevin mccarthy is now battling to save his job, in jeopardy now after he helped keep the government running. averting a government shutdown. 126 republicans joining democrats in the house. now some of those holdouts want kevin mccarthy out. rachel scott on the hill. >> do you think your job is in jeopardy? >> reporter: tonight, after cutting a deal with democrats and a large number of moderate republicans to prevent a government shutdown, kevin mccarthy facing threats from members of his own party. >> recognize the gentleman from florida. >> it is becoming increasingly clear who the speaker of the house already works for and it's not the republican conference. >> reporter: florida congressman matt gaetz vowing to force a vote this week to remove mccarthy as speaker. are you confident you can survive this? >> yes. >> reporter: it would take as few as five republican votes to remove mccarthy. the big question, would democrats step in to bail him out? speaker mccarthy said he will survive this. should he be that confident? >> he's probably right. if kevin mccarthy works for democrats and utilizes democrats in order to keep power, that would be consistent with everything we've seen from him. >> reporter: after failing to win over the far-right wing of his party, mccarthy suddenly dropped his demands and worked with democrats on a short term solution to keep the government funded until november 17th. democrats agreed to strip out additional funding for ukraine, but president biden says mccarthy assured him the money would be approved separately. >> i hope my friends on the other side keep their word about support for ukraine. they said they're going to support ukraine in a separate vote. >> reporter: gaetz pounced. >> so, mr. speaker, just tell us. just tell us. what was in the secret ukraine side deal? >> reporter: and late today, mccarthy insisting he did not make a deal with the president. gaetz says there was a deal made in ukraine. >> really? by who? >> reporter: what is he talking about? that's what -- >> i have no idea. >> reporter: that's what he's been -- and the president said something similar too, that -- >> no -- >> reporter: was there a deal at all? >> you weren't there. there's no side deal going forward. >> david: let's get to rachel scott. going back to this deal to avert a government shutdown, you know, it wasn't just house speaker kevin mccarthy, as you know, along with the democrats. 126 republicans, as you just reported there, in the house, voting to keep the government open. >> reporter: yes, david. a large number of house republicans, and it passed the senate with sweeping bipartisan support, too. as for that effort to try to oust speaker mccarthy, congressman matt gaetz says he'll try to force a vote and he told me, if it fails, he'll try again. david? >> david: rachel scott tonight, thank you. now, to the supreme court, where jauss tis clashs thomas has recused himself from an appeal by john eastman. this is the first time thomas has done so in a january 6th case. eastman had appealed a lower court ruling that ordered him to surrender emails to the house jahn 6th committee. now, the nation's highest court denying eastman's request, but the court noting justice thomas did not take part. justice thomas' wife, ginny, emailed t ed john eastman in th weeks before january 6th. we turn now to the horror in a day care in california. several children falling into a pool. two of them did not survive. but there was an urgent effort to try to save them all. tonight, the investigation, how did this happen? and here's abc's zohreen shah. >> reporter: tonight, the san jose police homicide unit and the santa clara county d.a.'s office are investigating the deaths of two children after they fell into a pool at this day care. it happened just after 9:00 a.m. local time at the happy happy day care, based out of a resident. you can see the pool in the backyard surrounded by a tall fence. >> we have three patients altogether. two are going to be immediate. i need two more ambulances. >> reporter: there were reportedly five children at the day care at the time. ambulances rushing three to the hospital in critical condition. two of the children later pronounced dead. the third child expected to survive. and david, police say they will be on the scene for a significant amount of time as they investigate with the d.a.'s office. david? >> david: all right, zohreen shah tonight, thank you. to the war in ukraine tonight, and the warning from the pentagon after congress stripped money for ukraine. the pentagon with this warning, that the money is now slowing, and so is the help. abc's tom soufi burridge in ukraine tonight. >> reporter: the pentagon tonight warning that u.s. funding to provide arms and ammunition for the war in ukraine is running low. congress avoided a government shutdown in part by stripping $6 billion of funding for the war. a pentagon official saying existing funds are dwindling to the point where the u.s. has already slowed down resupplying some its own forces. the demand for weapons and munitions is staggering. new video showing the ferocity of the fight on the war's main southern front. formidable russian defenses and firepower holding ukraine back, with casualties mounting. hospitals full of badly wounded soldiers. taras losing an arm to an explosive drone after an assault on russian positions went horribly wrong. out of seven men in his unit, he believes four did not survive. "the enemy's advantage is enormous," he tells us. "it's why, when our infantry advances, they just die." david, officials say there's hardly any money left for humanitarian and financial aid for ukraine, but a new military package could come this week, using existing funding. david? >> david: all right, tom soufi burridge reporting from kyiv for us. tom, thank you. back here in the u.s. tonight, and to the newest warning about the threat posed by artificial intelligence. tonight, the warning comes from actor tom thhanks, warning americans not to get duped by a new pitch. he says it's not him. here's abc's kayna whitworth. >> reporter: tonight, one of hollywood's most beloved stars warning against the dangers of artificial intelligence. tom hanks writing, president beware. there's a video out there promoting some dental plan with an a.i. version of men. i have nothing to do with it." the actor seeking to protect his fans from being duped by the power of technology, when videos, likenesses, even voices can be manipulated by a.i. the use of artificially generated images in the entertainment industries, one of the core issues at the heart of the sag-aftra strike, actors seeking protection against their image being used without their consent. hanks cautioning against artificial intelligence in a recent interview. >> outside of the understanding that's been doing with a.i. or deep fake, there will be nothing to tell you that it's not me and me alone. >> reporter: and david, hanks is just the latest to warn about the dangers that a.i. can pose. this as lawmakers are trying to figure out how to regulate it and protect consumers. david? >> david: kayna, thank you. now, to the election conspiracy case in fulton county, georgia. tonight, bernie carrick is fighting a subpoena to testify. prosecutors did not charge him in the case, but they have identified him as an unindicted co-conspirator. carrick's attorney says testifying puts him in jeopardy and they are asking for immunity in exchange to testify. the trial for two of the 19 defendants is set to begin later this month on october 23rd. to california tonight, where governor gavin newsom has tapped laphonza butler. she leads emily's list that supports william candidates and was a campaign adviser to kamala harris, who will swear her in tomorrow. she's the first openly lgbtq person to represent california in the chamber. when we come back here on a very busy monday night, a former football star killed in a small plane crash in lake placid, new york. a fan favorite for the patriots and the 49ers. and news, again, on the smoke from the canadian wildfires, seen here in new york still today. in a moment. there are places you'd like to be. like here. and here. not so much here. if you have chronic kidney disease, farxiga can help you keep living life. ♪ farxiga ♪ and farxiga reduces the risk of kidney failure, which can lead to dialysis. farxiga can cause serious side effects including dehydration, urinary tract or genital yeast infections in women and men, and low blood sugar. ketoacidosis is a serious side effect that may lead to death. a rare life-threatening bacterial infection in the skin of the perineum could occur. stop taking farxiga and call your doctor right away if you have symptoms of this bacterial infection, an allergic reaction, or ketoacidosis. farxiga can help you keep living life. ask your doctor for farxiga for chronic kidney disease. if you can't afford your medication, astrazeneca may be able to help. ♪ farxiga ♪ -when you bundle your home or renters with your auto, progressive provides protection for almost everything you own. -but do you really need... -my weighted hoop? it's for my snatched waist. foot treadmill. purse that says purse. my tuesday chalice. lake making kit. mushroom humidifier. futuristic coat rack. tells you how many coats are on it. two. 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"mysterious ways." ♪ she moves in mysterious ways ♪ >> david: it is the world's largest sphere call structure. 526 feet wide, 366 feet tall. able to fit 20,000 people. for months, the sphere has been projecting early images from the outside. the moon, the earth, a tennis ball. even a blinking eye. but now, for the first time, audiences going inside. many documenting their experience. walking out of the floor and looking up. ♪ the show beginning, a kaleidoscope of images taking over. the audience on their feet, cheering. the floor to ceiling graphics making you feel like you're outside. the $2.3 billion project is banking on attracting audiences from around the world. concerts, movies like "postcards from earth" bringing elephants right into the sphere. u2 plans to perform 25 shows here before the end of the year. bono telling apple music he hopes this will bring audiences together and closer than ever before. >> this is about trying to make a connection with our audience. trying to make the worst seat in the house the best seat in the house. this was all just an attempt to get closer to our audience. >> david: and it worked. i'm david muir. i'm see i'll see you right back here tomorrow. thanks for watching. good night. in san jose. three children fall into a pool at a home daycare to drown, and one is in the hospital. good afternoon. i'm christine zee and i'm karina nova. >> police are saying very little about this tragedy that took place shortly after nine this morning. it happened at the happy, happy daycare located on fleetwood drive in san jose's almond valley. >> abc seven news reporter leslie brinkly joins us live from that neighborhood. leslie. what a tragedy. >> and i can tell you from talking to some of the police officers working the scene here today, they're finding it difficult. many of them have children of their own. it's just unthinkable. as you said, two children drowning in a backyard swimming pool at a daycare where you take your children somewhere and expect that to entrust them in someone else's supervision and someone else's care. let's start off with this from the emergency dispatch that went out this morning. >> two year old boy unconscious . his breathing is uncertain. he was found drowning, attempting cpr instructions. >> now the emergency call came in around 9 a.m. fire and police personnel rushed to this home in the san jose suburb. happy, happy daycare operates out of a home on fleetwood drive at clover hill drive. three children were rushed to the hospital where two died. one survived and is said to be in a condition that is not life threatening. the pool is seen

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