prosecution for some acts, but not all. greatly expanding the power of the president, ordering a lower court to determine the future of the federal election interference case against former president trump, but making it all but certain trump will not face trial before election day. special counsel jack smith not commenting. his office and the department of justice now said to be reviewing their options. trump claiming victory, calling the ruling a big win for our constitution and democracy. the court's three liberal justices saying the decision was deeply wrong, and effectively makes the president into a king above the law. terry moran from the supreme court, and pierre thomas standing by. also tonight, president biden under pressure, days after his widely criticized debate performance. what we're learning about discussions behind the scenes. hurricane beryl tears through the caribbean. the earliest ever category 4 storm on record. now heading for landfall in already hard-hit eastern mexico. the new images from inside the hurricane. ginger zee timing it out. as millions take to the air during this fourth of july holiday, dozens are injured over the ocean in the latest incident of severe air turbulence. a passenger apparently getting stuck in the ceiling of the aircraft. others coming to his aid. the jury returns in the karen read trial, but without a verdict. what's next in the case of the woman accused of killing her police officer boyfriend? and america strong tonight. the father/daughter duo making it a family affair inside the cockpit. good evening, thank you for joining us on this monday night. i'm whit johnson, in for david. and we begin with the seismic decision from the supreme court. an historic ruling forever redefining the office of the president. on the final day of the term, the court handing down its decision on donald trump's claim of absolute immunity from criminal prosecution for his actions while in office. the justices, in a 6-3 ruling along ideological lines, deciding former presidents are entitled to immunity for core official acts, but there is no immunity for unofficial acts. today's ruling almost certainly delays the january 6th case and the classified documents case until well beyond the election. special counsel jack smith with no response to the court's decision today. he will now have to make the argument that the actions trump took while still in office were unofficial acts. it will be up to the federal judges in both cases to decide. trump today calling it a big win for our constitution and democracy. and now demanding all cases against him be dropped. the biden campaign warning the court, quote, just handed donald trump the keys to a dictatorship. justice sonia sotomayor delivering a blistering dissent, writing the decision makes a mockery of the constitution and system of government. abc's senior national correspondent terry moran leads us off from the supreme court. >> reporter: at the supreme court today, a landmark decision that dramatically enhances the power of the presidency and makes it much harder to prosecute donald trump. at stake, whether the federal criminal case against trump for his alleged conspiracy to overthrow the 2020 election, including january 6th, would go forward. trump claiming as a former president, he could not be prosecuted, absolute immunity for any official acts taken while in office. and he argues everything he did then was official. chief justice john roberts writing for the court's 6-3 conservative majority, gave trump much of what he sought. first, roberts declaring, "the president may not be prosecuted for exercising his core constitutional powers." those include, roberts wrote, the president's commander in chief powers, pardon power, hiring and firing federal officials, and more. then, the chief justice went further. "he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts." that sets a very high bar for prosecutors to overcome, covering most of what a president does. and roberts added another layer of protection for presidents. "in dividing official from unofficial conduct, courts may not inquire into the president's motives." the bottom line in the trump case, the lower court judge must now sift through the evidence, separate out trump's official acts from unofficial conduct, and see if prosecutors can overcome the presumption that presidents are immune from prosecution. that process will all but certainly push the case past the november election. within minutes of the decision coming down, donald trump was declaring victory, posting on social media -- "big win for our constitution and democracy. proud to be an american." much of the chief justice's ruling essentially echoed what trump has been saying on the campaign trail. >> i feel that as a president, you have to have immunity. very simple. >> reporter: the court's three liberals seemed stunned and outraged. justice sonia sotomayor, in an impassioned dissent, declaring today's decision "reshapes the institution of the presidency, puts the president above the law." and she painted a grim vision of what it could mean. "when he uses his official powers in any way under the majority's reasoning, he now will be insulated from criminal prosecution. orders the navy's s.e.a.l. team six to assassinate a political rival? immune. organizes a military coup to hold onto power? immune. takes a bribe in exchange for a pardon? immune. immune, immune, immune. and she concluded -- "with fear for our democracy, i dissent." president biden's campaign saying the stakes in this election just got much higher. "they just handed donald trump the keys to a deictatordictator" never been has the supreme court decided if presidents could be prosecuted. so, the question now is, how will future presidents, not just donald trump, use the immense powers of that office, virtually free from any worry that they're breaking the law? whit? >> whit: major implications going forward. terry moran, thank you. and following the supreme court ruling, the doj and special counsel jack smith must now determine what charges against donald trump may be considered official acts, and which ones aren't. let's get right to abc's chief justice correspondent pierre thomas, and pierre, this could also impact the classifieds cas >> reporter: indeed, whit. the fact that we did not get a statement speaks volumes. not a single word. it tells you that doj officials feel the need to study the implications of this ruling. one of the things we need to look for if the june dge in the january 6th case concludes that the prosecution needs to be much more narrowly defined. and in the special counsel's document's case, there's little doubt tra trump's attorneys will also that when he took those classified documents it was an official act. but a number of the charges deal with what trump did after he left office, including allegedly trying to keep the documents from the fbi. so, the impact of today's ruling on that case is yet unclear, whit. >> whit: pierre thomas for us, thank you. we move on now to president biden, returning to the white house tonight for the first time since last week's contentious debate against donald trump. the president and his team trying to ease concerns and control the damage following his poor performance, defiantly dismissing calls from some democrats surging him to step aside. here's abc's senior white house correspondent selina wang. >> reporter: as democrats grow increasingly anxious, today, president biden is out of sight with his family at camp david. his aides insisting his campaign is full steam ahead. sources tell abc news the president's family is encouraging him to stay in the race after his disastrous debate performance. first lady jill biden telling "vogue" they "will not let those 90 minutes define the four years he's been president. we will continue to fight." adding biden "will always do what's best for the country." publicly, most democrats are sticking behind the president. today, pennsylvania senator bob casey, who is locked in a tough re-election battle, asked if he still thinks biden can run a strong race and serve a second term. >> yes and yes. >> reporter: but others, like kentucky governor andy beshear, opening the door to the possibility that biden may not be the nominee. >> well, the debate performance was rough. it was a very bad night for the president. but he is still the candidate. only he can make decisions about his future candidacy. so, as long as he continues to be in the race, i support him. >> reporter: the biden campaign trying to shut down any talk of the president dropping out, insisting "it would lead to weeks of chaos, internal food-fighting," and a "highway to losing" to donald trump. trump today taking it all in. >> well, they say he's not getting out. and they say getting him out is very hard, because he has the delegates. he has the votes. and that if he doesn't want to get out, there's not a thing they can do about it. >> reporter: and whit, the white house tells me the president will be out in public more and giving more interviews throughout the summer. i'm also told that tonight the campaign is holding another call with those anxious donors. now, however, whit, behind the scenes, there are these discussions happening about what could happen if the president chooses to step aside. whit? >> whit: selina wang at the white house tonight, thank you. now, to the unprecedented storm hitting the caribbean at this hour. hurricane beryl, now the earliest category 4 on record in the atlantic basis, with winds up to 150 miles per hour. this video from hurricane hunters flying into the eye of the storm. the life-threatening hurricane making landfall on an island in grenada, now targeting the ghin call republic and haiti. let's get right to ginger zee. ginger, this hurricane remains a serious threat. >> whit, no question. south coast of dominican republic and haiti both in a tropical storm warning. jamaica in a hurricane watch. by mid-week, they'll be seeing impacts. i want you to look at the map. we've got two to three degrees above average. that's the water temperature ahead of it. that is more like the peak of hurricane season in september, and here we are, it's only july 1st. that's why the hurricanes are acting like it's the peak. we're in a year post el nino. we anticipate the waters being warm. but on top of that, you have human emissions helping to amply fission this. you saw the track taking it into the yucatan by friday. but every little inch is going to count. if it slides further east, i want anyone on the west coast, of the gulf coast of mexico to pay attention. here in phoenix, all the way up to reading, california, we have the heat building. the holiday and into next week, phoenix had their hottest june on record. whit? >> whit: ginger, thank you. now to the images coming in, the passenger plane from madrid to south america diverted to brazil. at least 30 people injured, many thrown around the cabin. one passenger apparently getting stuck in the ceiling. here's abc's victor oquendo. >> reporter: tonight, terrifying turbulence rocking a packed international flight, injuring at least 30 people. video showing a passenger apparently stuck in the ceiling of the aircraft. his feet dangling over the aisle. it's unclear how he got there. you see the badly dan ly damage, blood-stained cabin, a seat destroyed, and holes where passengers slammed into the ceiling. paramedics seen carrying one person off the plane on a stretcher. the air europa flight from spain to uruguay, with at least 325 passengers onboard, hitting turbulence over the atlantic ocean early this morning. making an emergency landing in brazil. this man saying, "the plane suddenly destabilized and went into a dive," sending passengers without seat belts on flying. as millions are set to travel this holiday weekend, this is an important reminder why you are always urged to keep that seat belt fastened. whit? >> whit: victor, thank you. next tonight, a major development in the closely watched karen read murder case outside boston. the judge declaring a mistrial on the fifth day of deliberations. the jury again saying it was deadlocked and deeply divided. read accused of killing her boyfriend, a boston police officer, but her attorneys argue she was framed. here's abc's erielle reshef. >> reporter: tonight, a mistrial in the murder case making headlines. >> please rise for the jury. >> reporter: the jury hopelessly deadlocked in the trial of karen read, the boston-area woman accused of killing her police officer boyfriend after a night of drinking. >> despite our rigorous efforts, we continue to find ourselves at an impasse. >> reporter: the judge reading the note from the jury. >> to continue to deliberate would be futile and only serve to force us to compromise these deeply held beliefs. i'm not going to do that to you, folks. your service is complete. i'm declaring a mistrial in this case. >> reporter: prosecutors argued read hit her boyfriend, john o'keefe, with her lexus suv outside a party at another officer's home, allegedly leaving him to die in the snow. >> i hit him, i hit him, i hit him, i hit him. those are the words of the defendant. >> reporter: they pointed to the evidence, pieces of a taillight found days later. an expert testifying hair found on the car belonged to o'keefe. but the defense claimed karen read was framed and evidence planted. >> that hair was placed there. >> reporter: the defense arked read left her boyfriend at that party where he was killed and dumped outside, and that police tried to cover it up. defense experts said the injuries were not consistent with the impact from a car. o'keefe's family now faces a second trial. tonight, karen read's team says they'll be ready. >> no matter how long it takes, no matter how long they keep trying, we will not stop fighting. >> reporter: whit, a difficult day for john o'keefe's family, clearly not the outcome that they were hoping for. all parties are now due back in court july 22nd. this case far from over. whit? >> whit: erielle reshef for us tonight, thank you. now, new york's attorney general launching an investigation into the deadly police shooting of a 13-year-old boy in utica, new york. police say the boy pointed what appeared to be a handgun at officers, but it turned out to be a pellet gun. a warning, the video is disturbing. here's abc's stephanie ramos. >> reporter: tonight, new york's attorney general now investigating after police in utica fatally shot a 13-year-old who they believed was armed with a gun. officers stopping nyah mway and another teen after 10:00 p.m. on friday after police say the pair matched the description of armed robbers. >> can i just pat you down, make sure you got no weapons on you? >> reporter: body camera video shows mway running away, then turning around with what police say appears to be a gun. the suspected weapon circled in red in this edited footage from police. >> gun! got a gun! man's got a gun! >> reporter: an officer then tackling mway to the ground. >> drop it! drop it! >> reporter: tonight, utica's police chief telling abc affiliate wsyr -- >> when he was on the ground, he still had the gun in his hand. >> reporter: police later determining that weapon to be a bb gun, a glock replica with a detachable magazine. the teen killed just two days after his eighth grade graduation, prompting days of demonstrations. his family demanding justice. >> it is killing me that my brother is not here with me. >> reporter: whit, the three officers involved are on paid administrative leave. that police chief calling the shooting a tragedy. and asking the public to give the attorney general time to investigate this case. whit? >> whit: stephanie, thank you. former trump aide steve bannon is now behind bars in federal prison, serving a four-month sentence for contempt of congress. bannon taken into custody at the danbury federal correctional institution in connecticut. he was sentenced for refusing to meet with the january 6th committee. two years after being found guilty, the supreme court re rejecting his final appeal. when we come back, a small plane crashes in upstate new york, killing five members of the same family. and later, the e moeshgsal moment, michael j. fox on stage with coldplay. r investments we y look like other money managers, but we're different. 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(vo) beneful knows a full life doesn't just happen. it's a choice. to take a swing. to taste all life has to offer. choose joy, choose beneful. and try incredibites, just for small dogs. finally tonight, like father, like daughter. and the sky is the limit. america strong. tonight, one father/daughter bond is soaring to new heights. mackenzie rennhack always knew she wanted to be a pilot. growing up watching her dad, captain michael rennhack, suit up every day for nearly three decades, 22 years with southwest airlines. >> i do remember when i was little, i would grab my dad's hat and blazer and feel like i'm on top of the world. >> whit: mackenzie then taking off to make her dream a reality. studying in a professional flight program at arizona state university. her journey finally coming full circle, recently co-piloting two flights with her dad. first, from phoenix to houston. then, a flight from seattle to sacramento. >> the weirdest thing was figuring out what to call you. captain? mike? dad? >> whit: southwest taking a moment to celebrate the duo. >> you are all going to be part of a little bit of southwest airlines history today. that is captain mike. and that's his daughter. >> whit: captain mike rennhack addressing the cabin with a special announcement. >> it's kind of a special flight for me, my family. mom is on board. my wife diana over there next to her. and my daughter is onboard, too, she'll be your first officer today. >> whit: dad beaming with pride, calling it the best flight of his career. >> my little girl, yeah. i'm really proud. >> whit: proud girl dad. truly special. i'm whit johnson in new york. have a great night. heading into july with a major heat wave, brutal temperatures and our most dangerous week for wildfires of the year so far, firefighters are rolling out new resources to get ready so long to the splash brothers. details on the major warriors departure and klay thompson's new deal. plus, bills are due, but some in the bay area are struggling with their bank. the cybersecurity incident driving long lines at atms. good afternoon and thanks for joining us. i'm dion lim and i'm kristen z. let's get straight to that heat wave on the way. looking live out there a pretty warm start to this holiday weekend. you see the sun so it looks nice out there, but the temperatures are expected to keep going up and up. and check this out. plenty of people hit the beaches of the russian river in guerneville today. a pretty good spot to stay cool and we will certainly need it. we have team coverage, tracking the temperatures and wildfire risk heating up. abc7 news meteorologist sandhya patel has the new warnings to watch. we'll start with you, sandhya. yeah. and kristen and diane, let's talk about this heat wave that begins tomorrow. right now, the temperatures in our hot spots like concord, vacaville, saint helena, in the triple digits, but not so bad elsewhere. that's all going to change tomorrow. an excessive heat warning goes up for all areas shaded in that pink, and the area shaded in the orange, which is san francisco and the bay shoreline under a heat advisory. it remains in effect both of them remain in effect until saturday night. there will be an increased risk of heat related illnesses.