moisturize your dry skin. gold bond. champion your skin. tonight, breaking news as we come tonight, breaking news as we come on the air involving former president trump. with so much focus on that question, will a new york grand jury indict trump, tonight, the breaking developments involving the special counsel's investigation into trump. sources telling abc news a federal judge has determined that the special counsel has presented compelling evidence that donald trump may have broken the law in his handling of classified documents found at mar-a-lago. the special counsel making the case that the former president allegedly misled his own lawyers when he had them declare that all classified documents were turned over. tonight, what we've learned. what this could now mean. also, the other case involving hush money. could a new york grand jury indict trump this week, as early as tomorrow? what our team is learning on that front, as well. jonathan karl right here tonight.

also this evening, abc news obtaining disturbing video showing the death of an inmate in custody, held down for 12 minutes by deputies and staff at a hospital in virginia. he is seen handcuffed and wearing leg irons, prosecutors say, unable to breathe. pierre thomas with late reporting. we're tracking this new and dangerous cross-country storm. flooding rains, winds gusting more than 80 miles per hour, from the west to texas, tennessee, then right up into the northeast. rob marciano timing it out. tonight, the massive strike shutting down the nation's second-largest school district. more than 30,000 staff members, including school aides, bus drivers, cafeteria workers, and custodians walking off the job in los angeles. tonight, a reality check here. what they're earning right now, and what they say they need just to pay the bills. kayna whitworth with workers who are parents, too. vladimir putin and china's president xi on the world stage. what they declared today. tom soufi burridge in kyiv. the race for president back here at home, and tonight, the new interview. what florida governor ron

desantis is saying about donald trump and about president biden, when desantis is asked, could he beat biden? your health. a new study tonight on birth control and breast cancer and the new concerns. and two new national monuments. president bide designating two new sites, one in nevada, one in texas. you'll see them right here tonight. also news this evening on the major news on home prices. and america strong tonight. the race to save the turtles. and what's already happened tonight. good evening and it's great to have you with us here on a tuesday night. and we begin tonight with breaking news on former president trump, as we await news on any possible indictment from a grand jury here in new york involving hush money.

word on that indictment could come as early as tomorrow. tonight here, abc news learning about a separate case. the special counsel investigating classified documents at mar-a-lago. tonight, a judge determining the special counsel has presented compelling preliminary evidence that the former president might have broken the law, by knowingly misleading his own lawyers when they filed sworn statements that the special counsel believes the former president knew were untrue. now all of this tonight, as authorities prepare for any possible reaction to the grand jury in new york city. again, if there is an indictment, it could come any day now, as early as tomorrow. of course, we do not know if the grand jury in new york will indict, nor do we know if this news involving the special counsel means the former president will be charged in that case. but all of this coming to a head, as the nation watches, and a former president runs for president again. abc's jonathan karl leading us off again this evening. >> reporter: as the nypd puts up barricades around a manhattan courthouse, with donald trump on the verge of possibly becoming the first american president to

be indicted, tonight, abc news has learned of a significant new development in one of the federal investigations he faces. sources tell abc news a federal judge has ruled the special counsel investigating trump's handling of classified documents has presented compelling preliminary evidence that trump broke the law. judge beryl howell's order is sealed, but the sources who described its contents to abc news say she wrote that special counsel jack smith had made, quote, a prima facie showing that the former president had committed criminal violations by knowingly misleading his attorneys so they would file a sworn statement he knew was false. that sworn statement came in june, when trump's lawyers certified that a diligent search of his mar-a-lago estate determined he had turned over all the classified documents in his possession. the special counsel convinced the judge the evidence was strong that the lawyers filed that statement because trump had

msled them. two months later, when fbi agents searched the premises, prosecutors say they found more than 100 additional classified documents, including some in trump's office desk. >> the shameful raid and break-in of my home mar-a-lago was a travesty of justice. >> reporter: sources tell abc news the judge ordered trump lawyer evan corcoran to hand over a number of records, including handwritten notes, invoices, and transcriptions of audio recordings related to what she called trump's alleged criminal scheme. the judge's order doesn't mean trump is guilty or that he will be charged in that case, but rather that prosecutors have made a case that they have preliminary evidence he may have committed a crime. all of this comes amid anticipation trump will be indicted in that entirely different case brought by manhattan district attorney alvin bragg. that case involves hush money payments made to porn star stormy daniels in the days before the 2016 election. a grand jury could hand up charges as early as tomorrow. the former president has called

for his supporters to protest. >> and jon karl with us here in new york tonight. and jon, obviously, you know, but just to keep this clear for everyone at home, these are two separate cases here. in the new york city case, this hush money case, we know a possible -- possible indictment could come as early as tomorrow, but we simply still do not know. >> reporter: yeah, we don't know. a lot of speculation about this, much of it coming from donald trump himself. but we don't know if the indictment is coming. if it does, trump would be ordered to come to new york for booking, just like any other criminal defendant. typically that would include things like fingerprinting and the taking of a mug shot. >> now, this other case that you're breaking news on right here this evening involves the special counsel, obviously, jack smith, who is looking into both january 6th and the classified documents at mar-a-lago. now, this is a federal judge who has determined that the special counsel has presented enough evidence, compelling evidence, that the former president may have known that what his attorneys signed simply wasn't true. >> reporter: and david, this is especially significant, because what the special counsel is

investigating, the alleged cimes that he is investigating, are significantly more serious than what is being investigated by the manhattan d.a. and, in fact, donald trump has already responded to our reporting tonight, a rather lengthy statement, where he attacks the special counsel, saying they are investigating, quote, false allegations. >> all right, jon karl, our entire team on this tonight. our thanks to you all. we move onto the other news here this tuesday night, a case making national headlines. abc news obtaining disturbing video showing the death of an inmate in custody at a state psychiatric hospital. tonight.the surveillance - video shows officers and hospital workers, they're seen dragging him into the admissions room, shackled and handcuffed. and prosecutors say later holding him down, unable to breathe. tonight, seven sheriff's deputies and three hospital workers are now charged with murder. abc's chief justice correspondent pierre thomas tonight. and we warn you, the video is disturbing. >> reporter: tonight, for the first time, we see on hospital surveillance video the sequence of events that lead to the death

of irvo otieno. the 28-year-old otieno is brought into a room, shirtless, handcuffed, and wearing leg irons. soon, the room steadily fills with deputies from the henrico sheriff's department. it's unclear why the situation escalates, but for 12 minutes, the prosecutor claims, those seven deputies and at least three members of virginia's central state psychiatric staff push down on otieno. prosecutors say otieno could not breathe and was smothered to death. his mother today demanding justice. >> they're monsters. they are animals. what they did to my son was awful. >> reporter: authorities suggesting a coverup. noting that it took 3 1/2 hours to call the virginia state police to investigate, and prosecutors say there was also a significant period of time between when otieno died and when someone called 911. tonight, listen to a portion of that 911 call. >> 911, where is your emergency?

>> hey, emergency is here at central state hospital. >> for a cardiac arrest? >> yes. >> reporter: but this apparently was not cardiac arrest, an instead asphyxiation. the prosecutor says regardless, the 911 call was too late. here is the painful scene when a hospital staff member apparently covers otieno's body with a white sheet. david, all ten suspects were formally indicted on charges of second-degree murder. and we're now getting a sense of the defense for some. one of the attorneys saying today that one of his clients did nothing wrong to stop that young man from breathing, only holding his legs. david, still so many unanswered questions in this tragic story. >> all right, pierre thomas on this case again tonight for us. pierre, thank you. now to that major storm moving across the country. 16 states on alert from california to minnesota. in the west, flooding rains, winds gusting more than 80 miles per hour. now several states including the south bracing for severe storms coming with this before the system arrives in the northeast.

in southern california, the pictures already. up to ten inches of rain possible with this, fierce winds and waves. lashing the coast. this is orange county you're looking at. and near whiteout conditions just outside l.a. in the angeles national forest. senior meteorologist rob marciano live in california tonight, tracking this storm, of course, another storm set to hit right across the country. hey, rob. >> reporter: hey, david. and we're getting another big pulse of the wind and rain right now here in l.a., where the rivers are running high and in some cases, rising. this storm really strong, top to bottom strength. and now the cold core is coming in. but i tell you what, san diego and santa cruz, you guys have really gotten hit hard with the wind today. you can see that swirl heading into san francisco. that's the center of the low. the cold core means it gets more showery, but when the showers come in, more heavy rain. the flood threat goes on tonight as does the wind threat into the mountains and into nevada and arizona. and then as the showers continue, we'll pile up the snow. the snow levels lower, pile up another couple of feet of snow in the mountains in california, and also in through the southern rockies. and then this energy gets into the southern plains on thursday

and looks like north texas will b under the gun. and then into shreveport and jackson and memphis, tennessee, on friday. potentially some tornadoes by week's end. david? >> all right, rob marciano, right by the l.a. river for us tonight. rob, thank you. meantime, also in los angeles, a massive strike shutting down the nation's second-largest school district. more than 30,000 staff members including school aides, bus drivers, cafeteria workers, and custodians all walking off the job. members picketing in that rain today. teachers also walking out in support. the union, which has been without a contract since 2020, saying its 30,000 members are barely making minimum wage, as costs in southern california soar. abc's kayna whitworth tonight in california. >> reporter: tonight, streets in downtown los angeles packed with protesters. as los angeles unified school district service workers strike for better wages and working conditions. it looks like this for blocks, as teachers have joined the

service workers in solidarity. they're out here supporting the custodians, the bus drivers, the cafeteria workers. nearly half a million students across a thousand different schools likely out of class for days, leaving some parents scrambling. >> it's a shuffle, yeah. it becomes kind of juggling and that's why the last minute, or just the shorter notice, i think, this time, is harder. >> reporter: the school district setting up food distribution and child supervision sites. and late today, the superintendant saying they're ready to return to negotiations, defending the district's officer as addressing the needs and concerns from the union, while also remaining fiscally responsible. but the union says the district offer of a 23% pay increase over five years simply isn't enough. they want 30%. many service workers living below the poverty line. the median income just $25,000 a year. >> i'm one of the people that working $25,000 a year, trying to make it. and it's really hard. i live check to check.

>> reporter: the union leader telling me this strike was a last resort. >> we're not seeking to strike. this is a sacrifice. half of our members are parents of a student in la-usd. >> reporter: and david, this strike will likely last for two more days. the superintendent says he's ready to keep negotiating, but the union says they won't settle, and it's highly possible there's an open-ended strike coming down the line. david? >> kayna whitworth in los angeles tonight. thank you, kayna. now to the war in ukraine and the images out of moscow today, where russia and china marked a, quote, new era of strategic partnership on the world stage. vladimir putin hosting chinese president xi at the kremlin. in a joint statement, warning against the war in ukraine reaching a, quote, uncontrollable phase. abc's tom soufi burridge in ukraine again tonight. >> reporter: tonight, in the grandest of halls inside the kremlin, president putin and china's president xi putting on a show. projecting the power of their partnership on the world stage,

signing economic agreements with closer ties in technology, energy, and trade. a new strategic alliance, useful for xi, vital for putin, amid western sanctions and his battlefield failures in ukraine. china proposing a cease-fire without russian troops withdrawing from ukrainian land. the plan a non-starter for ukraine and the west. in ukraine, a solemn moment today. japan's prime minister on his first visit, condemning russian atrocities in bucha, with the west preparing ukraine for a major military offensive. china and russia tonight issuing a veiled warning to the u.s. and its allies. not to let the war move to a, quote, uncontrollable phase. >> and so let's bring in tom soufi burridge live again in kyiv for us tonight. tom, the u.s., of course, has been warning china not to provide lethal aid, weapons to russia, but coming out of this meeting now, there's no evidence that's now happening at this point? nato says they've seen no evidence of that so far, but they have seen some signs that

russia is asking china for weapons, which china may be considering. and another major headline tonight, the pentagon moving up the delivery date of abrams tanks to this fall. david? >> all right, tom soufi burridge in ukraine for us again tonight. tom, thank you. now back here at home and the race for the white house. tonight, florida governor ron desantis, who hasn't yet officially announced he's running, in a new interview, what he's saying about donald trump, and about president biden, when desantis is asked, can he beat biden? here's rachel scott. >> reporter: tonight, nearly two weeks after traveling to iowa and one day after taking a swipe at donald trump over the hush money scandal, ron desantis in a new fox nation interview, telling piers morgan, "if i were to run, i'm running against biden." acknowledging he and trump would be competing for the republican presidential nomination, but saying, "ultimately, you know, the guy i'm going to focus on is biden, because i think he's failed the country." the florida governor saying, "i think the country wants a

change. i think they want a fresh start and a new direction, and so we'll be very focal about that." another very strong signal he is running without officially saying it yet. desantis, who walked with biden and their wives after hurricane ian, in this new interview asked -- do you think you could beat biden? the governor saying, "i think so." all of this as trump faces potential legal peril. and 24 hours after desantis said this about the former president. >> i don't know what goes into paying hush money to a porn star to secure silence over some type of alleged affair. i just -- i can't speak to that. >> reporter: florida governor ron desantis making it clear he has not made a final decision yet, saying he has a lot of work to do over the course of the coming months. sources tell us that any announcement would likely come after the legislative session ends in may. david? >> but we all know certainly sounds like a candidate, which is why you're covering him. rachel scott tonight, thank you, rachel. to the supreme court now, a unanimous ruling in a case involving a deaf man who the justices allowed to sue his

school district under the americans with disabilities act. miguel luna perez alleged his michigan school failed to give him an appropriate education without a qualified interpreter. all nine justices sided with luna perez, allowing him to sue for damages, even though the school said he hadn't fully exhausted administrative remedies. to the economy tonight, home prices falling for the first time in more than a decade. last month, home prices were down 0.2%. the median home price now $363,000. and with those easing prices, even with high interest rates, home sales were up more than 14% last month. that's the first increase in a year. when we come back on this busy news night, the new study this evening on birth control and breast cancer. and the new concerns. and two new national monuments in this country, and we'll show you them. when you have chronic kidney disease. there are places you'd like to be. like here. and here. and here.

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news. -- live breaking news. >> first storm hits the bay area with deadly consequences. we track it all and it looks like a hurricane. good evening, i am on the dates. >> thanks for joining us, it's intense, these weather conditions are dangerous, this is a clear message coming from emergency staff all around the bay area. a big rig overturned on the lower deck of the bay bridge blocking for lanes of eastbound traffic, and portola valley coming --, a tree fell and killed a driver. nearly 2000 people are without power right now. >> a train to railtown about a half mile east of port costar, nobody on board was hurt -- port costa, nobody on board was hers. very service was suspended because these conditions are not safe or crew or passengers. this is what it looks like at the embarcadero in san francisco.

and that is just an example of how strong the storm is. >> every quarter affected, sandhya patel is tracking it all for us. >> no one is going to escape the wrath of the storm, no doubt about it. dan and anna, let's take a look. you will notice that the area of low pressure rapidly intensified, right off of our coastline, the area of low pressure known as psychogenesis right there -- many of us have been dealing with strong and damaging winds. 60 miles per hour on mount diablo, 40 miles per hour in the santa cruz mountains, and as we look at the lower elevations, strong winds as well. testing at 55 miles per hour at sfo, 31 moscow or in livermore, 52 miles per hour in sfo rather, there is a weather warning until 9:00, arriving flights are experiencing over for our delays.