a key piece of smith's case, the pressure trump put on his vice president, mike pence, including a call on christmas day asking mr. pence not to certify the results. mr. trump allegedly telling pence, quote, you're too honest. how pence reacted today. our team in washington and our legal analysts standing by. also tonight, the scare on capitol hill. staffers running out of the senate office building after reports of an active shooter. police later giving the all-clear. what happened? the gunman who killed 11 people at a pittsburgh synagogue sentenced to death for the worst anti-semitic attack in u.s. history. the disturbing images, a cinder block cell in an oregon home. the fbi says a kidnapped woman was kept inside but made a dramatic escape. tonight the plea to the public for help. are there more victims? and visitors flocking to a zoo in china after this video exploded on social media. is that a bear or a human in disguise? >> announcer: this is "nbc nightly news" with lester holt. good evening, and welcome. less than 24 hours from now and for the third time in under four months, former president donald trump will appear in court as a criminal defendant. this for his arraignment in washington on federal charges related to his alleged actions to overturn the results of the 2020 presidential election. the grand jury indictment handed up late yesterday alleging the ex-president's actions amounted to a conspiracy to defraud the united states to obstruct and impede the january 6th congressional proceedings where the votes were tallied and certified and a conspiracy against the right to vote. all of it according to special counsel jack smith built on destabilizing lies about election fraud. tonight, we are learning more about six unindicted and unnamed co-conspirators in the case, and mr. trump denying any wrongdoing. his legal team tipping their hand as to how they may defend against the charges. garrett haake leads us off tonight with the very latest. >> reporter: former president trump tonight thanking his supporters for standing by him in the face of what he is slamming as a new unprecedented indictment. mr. trump now accused of leading a conspiracy in a desperate bid to hang on to power after losing the 2020 election, pursuing what special counsel jack smith's prosecutors say was a, quote, criminal scheme culminating in the violence of january 6th, though the indictment does not charge mr. trump with inciting the riot. >> the department of justice has remained committed to ensuring accountability for those criminally responsible for what happened that day. this case is brought consistent with that commitment. >> reporter: mr. trump facing four felony counts, conspiracy to defraud the united states, conspiring and attempting to obstruct an official proceeding and conspiracy against people's right to vote and have their votes counted. the indictment says then president trump knowingly spread lies about the election adding, the defendant had a right to claim falsely that he had won, but that he went too far pursuing, quote, unlawful means of discounting legitimate votes and subverting the election results. the indictment lists six unindicted and unnamed co-conspirators including according to their attorneys trump lawyers rudy giuliani and john eastman, who first allegedly tried to overturn the results in seven states including in georgia where the former president was recorded pressing the secretary of state for help. >> i just want to find 11,780 votes, which is one more than we have, because we won the state. >> reporter: when that failed allegedly moving on to enlist the vice president to use his ceremonial role on january 6th to fraudulently alter the election results. prosecutors say mr. trump repeatedly pressured mike pence including in a christmas day phone call. when pence refused, mr. trump allegedly telling him, quote, you're too honest. >> sadly, the president was surrounded by a group of crackpot lawyers that kept telling him what his itching ears wanted to hear. >> reporter: and later the indictment says attempting to use the angry crowd summoned on the 6th to pressure pence more directly. the indictment says mr. trump's own attorney general and white house counsel told him he had lost, but tonight his defense attorney insists mr. trump still believes he won and was acting on what his lawyers had told him. >> everything that mr. trump requested to be done was done with the advice of counsel, was done with lawyers giving him advice. those lawyers are going to come in and testify. >> reporter: arguing the charges against the republican front-runner are from a partisan prosecutor. >> so now we have the criminalization and the weaponization of public policy and political speech by one political party over another. >> reporter: presiding over the case will be federal judge tanya chutkan, an obama appointee known for handing out longer prison sentences in january 6th cases than prosecutors have requested. mr. trump's arraignment is scheduled for 4:00 and likely will arrive and leave from underground. >> let me change gears. a lot of people on edge at the capitol after reports of a shooting. what do we know about all that? >> reporter: that's right. police received an unsubstantiated active shooter call prompting evacuations and a lockdown of some senate buildings. no shooter was found but the mood on the hill a few blocks from the courthouse remains tense. >> thanks very much. now to the former president's response blasting his latest indictment as politically motivated, but mr. trump's former vice president is now taking new shots at his old boss. kristen welker with that part of the story. >> reporter: tonight, former president trump firing back accusing federal prosecutors of targeting him again because he's the strong republican front-runner against president biden, posting, why didn't they bring this case 2.5 years ago? they wanted it right in the middle of my campaign. that's why. the dramatic third indictment of mr. trump with a potential to shake up the gop race. some rivals are starting to sharpen their tone including mr. trump's former vice president, mike pence, who is cited in the indictment refusing his boss' request not to certify president biden's election win. >> anyone who puts themselves over the constitution should never be president of the united states, and anyone who asks someone else to put themselves over the constitution should never be president of the united states again. >> reporter: but mr. trump's top republican challenger, florida governor ron desantis, criticizing the indictment that could land with a jury in deep blue washington, d.c. >> a d.c. jury would indict a ham sandwich and convict a ham sandwich if it was a republican ham sandwich. i think americans need to be able to remove cases out of d.c. >> reporter: house speaker kevin mccarthy dismissing the indictments as doj's attempt to distract from republicans' investigation of the biden family finances. with each new indictment, mr. trump has expanded his lead making his growing legal peril a regular rally talking point. >> our enemies want to stop me because i am the only one who is going to be able to stop them. >> reporter: but while his legal battles have been a political boost, they've also taken a financial toll, draining mr. trump's campaign cash. his main political action committee spending $20 million on legal fees this year. tonight, voters reacting. >> i'm delighted, absolutely delighted. if ever he has earned and deserved something, it's another indictment. >> for me it will not affect how i vote. if he's on the ballot, my plan is to vote for him. for me it's about the economy. >> kristen joining me in the studio. kristen, a lot of democrats think mr. trump is the easiest matchup. you have new reporting which sounds like a warning from former president obama. >> it happened with a >> this happened during a june lunch between mr. obama and mr. biden. two sources familiar with the discussion tell us mr. obama vowed to help president biden win re-election, but also stressed the continuing strength of former president trump's base. >> kristen welker, thank you. all right, joining me now is chuck rosenberg. he's a former federal prosecutor and an nbc news legal analyst. chuck, good to see you. there's a couple themes coming from the defense in this case. one is that there was no intent, that mr. trump was simply relying on the advice of counsel. what do you make of that argument? >> well, advice of counsel is a real defense. you see it from time to time, but for mr. trump to rely on it, he would have had to have been completely candid with his lawyer and relied on his lawyer's advice in good faith. candor and good faith could prove to be stumbling blocks for mr. trump here. >> and what about the other theme that they're pushing, which is that it's a matter of free speech, that the president could say what he wanted to say? >> well, speech designed to commit a crime or to commit a fraud is not speech that is protected by the first amendment. you can't lie on your tax return or solicit money for your ponzi scheme or instruct a colleague to destroy documents subpoenaed by a grand jury and claim that that is protected speech. it is not. >> all right, chuck rosenberg, thanks for being with us. a federal jury in pittsburgh decided today that the sentence should be death for the man who killed 11 people in an anti-semitic attack on a synagogue in 2018. kathy park is in pittsburgh tonight. >> reporter: tonight, jurors unanimously handing down a death sentence for robert bowers, who carried out the worst anti-semitic attack in u.s. history. the final phase of the trial coming to a close, nearly two months after the same pittsburgh jury found bowers guilty on all 63 federal charges including hate crimes for the murders of 11 worshippers at the tree of life synagogue in 2018. bowers hardly reacted to the verdict while survivors and family members of the victims say this day brings a measure of peace. >> i feel like a weight has been lifted, and i can breathe a sigh of relief. >> reporter: in the same room where they waited for updates on loved ones on the day of the shooting, the group reunited again and found comfort in each other. >> we're all members of a club that we never chose to be members of, but we're all bonded for the rest of our lives. >> reporter: carol black survived the bloodshed by hiding behind a metal door but lost her brother in the attack. if you can sum up in one word your emotion when the verdict was read, what would that be? >> relief. they came to the proper decision in my opinion. >> reporter: in a final push to spare his life, bowers' defense team pointed to his troubled past, but prosecutors reminded jurors of the 11 lives violently stolen near five years ago replaying chilling 911 calls from inside the synagogue that day as he gunned down worshippers during shabbat services. today the u.s. attorney saying bowers targeted the congregants because they were jewish. >> the evidence in this trial proved that the defendant acted because of white supremacist, anti-semitic, and bigoted views. >> reporter: tomorrow the judge will formally sentence robert bowers to death and we anticipate an emotional day with victim impact statements. lester. >> all right, kathy park, thank you. in dayton, ohio, a hostage standoff came to an end early today with police fatally shooting two suspects, who had hijacked a parked semi truck with the driver inside. police said as officers approached the truck, they were fired on. they returned fire hitting both suspects, one male, one female, who died at a hospital. the driver received only minor injuries. now, to the dueling economic narratives playing out with new strong data on jobs and more voices saying a recession is not in the cards, and yet markets falling today after credit rating agency fitch stripped the u.s. of its aaa status citing political dysfunction. here's tom costello. >> reporter: from his juicery named after his grandmother, chris good has his hand on the pulse of the kansas city economy. he's convinced it's time to expand into a wholesale juice provider to whole foods. >> well, our economy in kansas city is growing. i think, as you all know, and we as a small business are also growing in concert with that growth. >> reporter: chris good's good news is also reflected in new jobs numbers. adp reported 324,000 private jobs added in july, 73% coming from small businesses. from its solid economic growth, receding inflation, and unemployment near a 54-year low, one of main street's biggest banks, bank of america, today joined the fed and reversed its prediction for the economy, paraphrasing john lennon, imagine no recession, it's easy if you try, but the optimism comes as credit rating agency fitch downgrades the u.s. from aaa to aa plus citing the insurrection, political polarization, and growing debt. >> and given the kind of deterioration and governance and unwillingness to really tackle these issues, we don't think that they deserve a aaa anymore. >> reporter: the white house quickly pushed back on the downgrade. >> what they're doing is punishing the cleanup crew when the guy who wrecked the room is long gone, and sorry, but that just doesn't hold water. >> reporter: the ceo of jpmorgan chase on cnbc reassuring investors the u.s. economy is very robust. >> this is the most prosperous nation on the planet. it's still the most prosperous nation on the planet. >> so, tom, clearly there's some good economic news, but a lot at home are still dealing with you could call everyday inflation. >> reporter: yeah, especially at the gas pump. the national average for gas is now $3.80 gallon, up 27 cents in a month, and they blame russian and opec cuts, and extreme heat slowing refinery operations in the u.s. and, meanwhile, higher interest rates are making it more expensive to buy a home. 30-year rates are now averaging more than 7%, lester. >> all right, tom, thank you. in 60 seconds a kidnapped woman escapes from a makeshift cell in a man's garage. police say the suspect is now under arrest and is being investigated for other alleged sexual assaults. ththe disturbibing detailsls next.. ... there are placaces you'u'd like to be. like here.e. and d here. nonot so much h here. ifif you have e chronic kidney disisease, farxiga a can help you keep living life. ♪ farxiga ♪ and d farxiga rereduces the risk of kidney failure, which can lead to dialysis. farxiga can cause serious s sie efeffects inclcluding dehyhydr, urinarary tract oror genital yt infectionsns in women n and m, and low w blood sugagar. ketotoacidosis is a s serious sidide effect thatat may lead d to death.. a rarare life-ththreateningg bactcterial infefection in t the skin ofof the perinim could occucur. stop t taking farxrxiga and cl yourur doctor riright away ifif you have e symptoms of 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punching her way through this metal screen door with bloodied hands. >> and she ran out into public, flagged down the first vehicle she could find. >> reporter: according to the criminal complaint, in july zuberi hired her as a prostitute in seattle then claimed to be an undercover police officer, even showing her a badge before placing her in handcuffs and leg irons and driving her 450 miles away to his residence in klamath falls, oregon, where the fbi alleges it recovered these chilling notes including one that reads, operation takeover, writing, make sure they don't have a bunch of people in their life. the day after the alleged kidnapping, zuberi was arrested following a 45-minute standoff in a walmart parking lot in reno, nevada. the fbi extending its investigation to at least 12 states where the suspect has previously lived using several different aliases. >> it is believed he may have used several different methods to gain control of his victims to include drugging their drinks. >> reporter: tonight state and federal officials say they believe there are more victims and urging others to come forward. erin mclaughlin, nbc news. and coming up, the alarming impact of global warming as a river that brings water to millions evaporates. the stakes for all americans in our series, "climate challenge." nce of room, bird, scrolling content on phone) you tried. limiting when it was okay. no tech behind closed doors. but social media's algorithms of addiction always won out. it's not your fault. alonone you can'n't stop. totogether, wewe will. we havave a plan.. jojoin us. 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>> i would say that this is a wake-up call in terms of climate change's impact on water availability for the colorado basin. >> reporter: with human-caused climate change, greenhouse gases pushing temperatures up, the colorarado river h has seseen a 10% d decrease in flow, compounding an existing emergency, a lack of water for the west. >> do you think this crisis is only going to worsen? >> i think in the long term, yes. >> reporter: snaking through seven western states, the overtaxed river provides drinking water and irrigation to 40 million people. the evaporating water supply could mean more restrictions and inflated costs for farmers passed alongng to americans across the countrtry. >> i think it's difficult for people to accept the fact that we just don't have the ability to extract more water out of the system. we're going to have to reduce our use. >> reporter: even after a winter of record rain, researchers say the deluge isn't enough to reverse two decades of climbing temperatures. tonight, as the snowpack evaporates and water levels drop, concern is rising along the colorado. miguel almaguer, nbc news. there is more ahead including the mystery over this viral video. is it a bear or person dressed as one? 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"i promise it's real," he said. seeing is believing. people could come and see for themselves. but across social media the debate will not be tamed. >> it looks too fishy to me. >> reporter: despite a statement released on saying, , some peoplple thouought the way i stand up looks too human, so i will stress again, i'm a sun bear. bear in mind there is precededent for impopostors here.. like in 201313 when a chininese zoo was cacaught tryingng to pass offff a dog as a lion. experts say malayan sun bears with their colored chest fur are just smaller and slimmer than most other bears. >> the extra skin is a really important adaptation for sun bears to avoid predators. >> reporter: still, the zoo is in no rush to escape the spotlight. attendance is up 30% as visitors claw their way to bear witness to all the hype. janis mackey frayer, nbc news, beijing. >> i'll let you talk about it amongst yourselves because that's "nightly news" for this wednesday. thanks for watching. i'm lester holt, please take care of yourself and each other. good night, everyone. s. it's a fight a lot of cities in the bay are battling. reducing homelessness doesn't need to be costly. good afternoon. i'm audrey asistio. our ian cole willel