making news in america this morning, a secret memo claiming to reveal misconduct at the fbi moves one step closer to being made public. this morning, what it could mean for the russia investigation one day after the fbi's deputy director stepped down facing an internal investigation. the state of the union. the boycott plan for president trump's prime time address as we learn who will join first lady melania trump tonight. plus, the embarrassing typo now being corrected. a mobile emergency center deployed to help fight the flu. hospitals taking drastic new measures as another boy dies after being diagnosed. this morning the three states currently being hit the hardest. plus, a famous film critic in trouble accused of buying his twitter followers. tom brady strikes a different tone speaking about

the radio host who criticized his 5-year-old daughter. and the new role for tom hanks everyone will be talking about. we do say good morning on this tuesday. we're going to start with that bitter partisan fight erupting in washington. republicans, as you know, have voted to release a classified memo on the russia investigation despite some dire warnings from the justice department. >> that memo written by a republican allegedly details fbi misconduct and the secret surveillance of a trump campaign aide, but democrats say the memo is just an attempt to discredit the special counsel. this all comes just as the fbi's second in command abruptly steps down. abc's serena marshall has the latest on that. good morning, serena. >> reporter: good morning, kendis, diane. that memo release and news that andrew mccabe, the deputy director, often the recipient of the president's ire announcing he will leave his

post six weeks early, this while the president was preparing for his first state of the union. andrew mccabe stepping down early from his role as fbi deputy director after learning he was going to get slammed in an upcoming inspector general report on the actions of senior fbi officials during the 2016 presidential campaign. >> have you been told mccabe is resigning? mr. president, have you been told that mccabe is resigning? >> thank you. thank you. >> reporter: mccabe was often the target of the president's ire. sources tell abc news the president had at one point called his wife who ran for office in virginia as a democrat a loser, and he revealed just last week shortly after becoming acting director the president asked him who he voted for. >> i don't think so. >> you didn't? >> no, i don't think i did. >> you did not? >> i don't know what's the big deal with that. >> reporter: thrust into the national spotlight after the firing of james comey, the fbi's number two defended his former boss on capitol hill and insisted the russia investigation was a -- >> highly significant investigation. >> reporter: his early departure

comes the same day that the house intelligence committee voted along party lines to release a confidential memo written by republican committee members alleging fbi wrongdoing. the justice department had previously called releasing the memo without review reckless. for now a dissenting memo from the democrats is being withheld. >> this committee voted to put the president's personal interests, perhaps their own political interests above the national interests. >> reporter: the president has five days to review the memo. when asked if the president would address the russia investigation or the memo during his very first state of the union, the press secretary, sarah sanders, simply said she was not going to get ahead of the president's address. diane, kendis. >> serena marshall live from d.c., thank you. andy mccabe's old boss, james comey, is now weighing in on his abrupt departure. >> overnight comey tweeting special agent andrew mccabe stood tall when for the last eight months when small people were trying to tear down an institution we all depend on. he served with distinction for

two decades. i wish andy well. i also wish continued strength for the rest of the fbi. america needs you. as serena mentioned, president trump is now just hours away from delivering his first state of the union address and expected to discuss the economy, immigration, infrastructure while promoting unity. but at least eight democrats are refusing to attend the speech citing remarks by the president viewed as racist or divisive. the first lady, melania trump,, is expected to be there. she'll be joined by a number of special guests including a family that just bought their first home and two couples who lost children to gang violence. meanwhile, new york senator kirsten gillibrand will be joined in the audience tonight by the mayor of san juan, puerto rico, who has repeatedly clashed the president over hurricane relief efforts. the cause of headaches and other pain suffered by american diplomats in cuba appears to

have returned but remains a mystery. the state department says 19 u.s. citizens have reported similar symptoms after recent visits. investigators suspected sonic attacks but haven't found definitive proof. american trips to the island have dropped sharply since the attacks were first reported. the state department continues to urge u.s. citizens to reconsider travel to cuba. and the u.s. navy is reporting what it calls an unsafe interaction with a russian fighter jet over the black sea. officials say the russian jet flew within just five feet of a u.s. surveillance plane crossing through the plane's flight path. the navy accuses russia of not behaving within international standards, but the russian government insists all international airspace rules were followed. we turn now to the flu epidemic. hospitals are taking drastic new measures to treat an overflow le patients and this morning there's word of yet another young boy's death just hours after being diagnosed. 7-year-old kevin baynes is the latest child to die after flu-like symptoms

in a season expected to break records for pediatric deaths. when baynes was admitted to a richmond, virginia, area hospital on saturday, he wouldn't walk, he could barely talk. he tested positive for the flu and strep throat then was sent home with medication, but just 30 hours later his sister went to his bed and noticed he wasn't breathing. >> i never imagined it could kill him. >> reporter: cities across the country are taking drastic measures to protect kids among the most vulnerable to this year's potent strain of influenza. new york's governor has issued an emergency declaration authorizing pharmacists to give flu shots to kids. schools in texas and florida now administering flu shots on campus, and at chicago's st. patrick high school, nearly 100 kids called off sick on monday alone. >> we don't want you at school if you're sick spreading your germs. >> reporter: in atlanta a mobile emergency hospital previously used in natural disasters like hurricane katrina is now being used to fight the flu parked outside grady hospital downtown to handle the overflow of

patients amid a 25% spike in flu cases. >> i've been working at grady for almost 15 years and have not seen it that bad in those 15 years. >> 5% of the country may have the flu right now and reports indicate kansas, missouri and iowa are being hit hardest. time now for a look at your weather on this tuesday morning. a look at the radar shows coastal storms building over new england. you'll see snow showers from western new york down to the appalachians with a few inches possible. temperatures will drop back to normal, january levels. looking at today's highs, it won't get above freezing in chicago, minneapolis or detroit. 44 degrees here in new york and 50s in the pacific northwest and los angeles and phoenix could both hit record highs today, 86 degrees in l.a.

well, still ahead, health experts sound the alarm about the impact that social media can have on children. also ahead, a major league baseball team pulls its controversial mascot. why some say it's not enough. and the number of bridges in the united states that are

we're back with the rescue we're back with the dramatic rescue on the slopes. about 150 people had to be airlifted by helicopter after the chairlift at this ski resort in austria broke down. it took about 2 1/2 hours to get everyone safely back to ground. no one was injured. here at home congress has taken a new step toward protecting athletes from sexual abuse in the wake of the larry nassar scandal at usa gymnastics. lawmakers in the house have passed a bill that would require

the governing bodies in amateur sports to promptly report claims of abuse to law enforcement. failure to do so could result in a one-year prison sentence. the bill now heads to the senate for approval. cleveland is getting a new look on the baseball diamond. the controversial smiling logo known as chief wahoo will be removed from the team's hats and uniforms at the start of the 2019 season, however, it will remain on team merchandise. the head of the cleveland american indian movement says more needs to be done. >> this is not all of what we want, but it's a small step in the right direction. i want them to change their name. we feel they change the name, the logo is going to go away anyway. in the meantime, in football a group called change the mascot is now increasing the pressure on the washington redskins. the team has not commented. dozens of medical experts are warning parents not to allow their children to use the new facebook messenger app for young children. in a letter to facebook, the

group says, quote, younger children are simply not ready to have social media accounts. it's very likely this new app will undermine children's healthy development. the app, which is called messenger kids, is meant for children as young as 6. facebook says the app provides a safe environment and has no advertising. amazon has built its own rain forest to allow workers to escape from their cubicles. vice president-elect jeff bezos opened the spheres in downtown seattle, which is part rain forest, part office building housing 40,000 plants from 50 countries. the custom l.e.d. lights create synthetic sunshine. employees will have to snag a reservation. they're already booked until april. >> hot demand. >> yeah. when we come back, the film critic accused of buying his twitter followers. and also ahead, the growing backlash against the head of the grammy awards after he said women need to step up in order to win more awards. and tom brady changes his tone after a radio host criticizes his 5-year-old daughter. daughter.

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say this morning. maybe i'll speak with you guys some other time. >> well, that is tom brady cutting a radio interview very short after a host made a disparaging remark about the quarterback's 5-year-old daughter. >> that comment was made when a boston radio show was discussing a facebook documentary series about brady. >> yeah, but now after learning one of the hosts has been suspended, brady is striking a little bit more compassionate. >> a little bit. days before the big game tom brady is making headlines for a moment off the field. >> i've always tried to come on and, you know, do a good job for you guys. >> reporter: last week a boston radio show was talking about the facebook documentary "tom versus time," which gives a rare glimpse of the 40-year-old's workouts and his home life. >> daddy. >> what? >> i'm late. >> i'm going to watch. >> reporter: the radio host brought up that specific scene

with brady's daughter. >> i thought the first scene was so staged where brady is like in the kitchen. his kid's being an annoying little [ bleep ]. >> reporter: when it came time for brady's weekly chat with the show, the quarterback hung up after stating his mind. >> so, you know, it's very disappointing when you hear that certainly with my daughter or any child. you know they certainly don't deserve that. >> reporter: the radio station has suspended host alex reimer indefinitely, but last night at the super bowl media event in minneapolis, brady struck a forgiving tone telling reporters he does not want reimer to be fired. >> we all have careers, and we all, you know, make mistakes, and i mean i'd hate for someone to have to change their life over something like that. that was certainly not what he intended. >> reporter: despite the comments, brady expressed no regrets about agreeing to the facebook documentary. the next episode will feature his son during a trip to china. for now brady has bigger things on his mind, the super bowl fast approaching. at media night he answered questions with eagles quarterback nick foles, who was

just 13 years old when brady won his first ring. >> he knows what to do. he is a professional quarterback. he's a great player, and obviously his team has a ton of confidence in him. he's had a great playoff season. >> and the radio station released a statement calling the comment about brady's daughter indefensible. as you drive to work this morning, keep this in mind, a new federal report finds more than 54,000 bridges here in the united states are structurally deficient. that's an average of 1 at risk bridge every 27 miles and according to government data, the pace of repairs has slowed in the last year. and the current pace -- at the current pace it would take nearly 40 years to fix or replace the bridges that need work. exxonmobil says it will invest $50 billion to expand its business in the u.s. the ceo says the investment is possible because of the company's strength and the trump administration's tax cuts. the money will be spent over the next five years for increased oil production and new manufacturing plants.

a murder trial is under way in hawaii for a woman accused of deliberately driving off a cliff to kill her twin sister. alexandria duval was driving a car with her cyst anastasia in 2016 and prosecutors say alexandria accelerated and plunged off a 200-foot cliff but duval's defense attorney says the crash was not intentional. >> it comes down to basically three facts that the evidence will show, that there was no braking, there was hard acceleration and, three, that there was a hard left turn. >> the evidence in this case is going to prove that it was, in fact, a tragic accident, evidence in many different forms. >> key in the trial, eyewitnesses who report seeing the two sisters physically fighting and screaming inside the car shortly before the crash. a scary case here in new york is offering a new warning about the risk of taking sleeping pills. police say a man was sleepwalking when he fell out of his apartment window and dropped six stories down onto some

scaffolding. it turns out that scaffolding saved his life. his girlfriend tells "the new york post" he took her sleeping pills before going to bed. research has shown people who take sleeping pills are more likely to report sleepwalking episodes. an influential film critic has been suspended accused of padding his twitter account with fake followers. "the chicago sun-times" says it will not publish richard roeper's reviews until the investigation is complete. roeper has 225,000 followers, but it's not clear how many he may have actually paid for. his name came up in a "new york times" investigation of famous figures who purchase phony followers, which are sometimes created with personal information from real people. up next in "the pulse," a new role for tom hanks. and also ahead, new calls for the head of the grammy awards to step down because of what he said about women. plus, a major state of the union typo.

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♪ it's a beautiful day in this neighborhood a beautiful day for a neighbor ♪ hello, neighbor. >> it's a beautiful day for a neighbor. won't you be ours? it's time for "the pulse," and we're starting things off with a little mister rogers because tom hanks wants to be your neighbor. >> he's set to play tv icon mr. rogers. the movie entitled "you are my friend" will focus on rogers' friendship with a journalist. >> production set to begin in the fall. a release date has not been set. "mister rogers' neighborhood" ran for 33 years on pbs. >> i still say eddie murphy would have been a good candidate for the role, his "snl" days. so, next they barely had time to roll up the red carpet here in madison square garden before #grammyssomale started trending on twitter.

>> this year only 11 awards out of 84 went to women, but in response recording academy president neil portnow appears to have thrown some fuel on that fire telling "variety" magazine it's because more women need to, quote, step up and join the ranks of musicians, engineers and producers. >> that drew an immediate response from three-time grammy winner pink that tweeted out a handwritten statement saying in part, quote, women don't need to step up. they've been stepping up and also stepping aside. now, pink also said, quote, women owned music this year. they've been killing it and every year before this. >> meanwhile, what did not kill it this year, the grammy awards themselves. in the tv ratings at least they were down 24% compared to last year, and ratings hit an all-time low among younger viewers. and an embarrassing typo had the government scrambling to reprint tickets to tonight's state of the union address. >> yeah, a democrat tweeted this photo of the word "union"

missmelled with an "m" instead of an "n." the congressman joked that education secretary betsy devos was in charge of spell-checking. uniom. and today is national plan for your vacation day. >> a group called project time off says more than half of american workers leave more than a week of vacation days unused each year. >> so the organization is reminding all of us to take control of our vacation days and plan that vacation for 2018. >> kendis. kendis. all right. i guess he's on vacation. guess he's on vacation. yone el. but on the inside, i feel chronic, widespread pain. fibromyalgia may be invisible to others, but my pain is real. fibromyalgia is thought to be caused by overactive nerves. lyrica is believed to calm these nerves. i'm glad my doctor prescribed lyrica. for some, lyrica delivers effective relief for moderate to even severe fibromyalgia pain. and improves function. lyrica may cause serious allergic reactions, suicidal thoughts or actions.

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4:27, you're up early and we are, too. >> every day. you're never more than seven minutes away from your accuweather forecast. we have more blue skies and sunshine. bone-dry, no need for the umbrella today. you can see that the clouds are not as widespread or as thick as yesterday. 37 in novato. we have 51 in fremont. here's sue. traffic is flowing nicely to 101. we had an earlier problem just

cleared to the shoulder but already making our central valley commute very slow with speeds of about 13 miles an hour from tracy on 205. that was three or four cars right at the merge of 205 and 505. or 580, excuse me. that's off to the shoulder. traffic hopefully will recover before we get out in earnest. a woman who was shot is expected to survive. live in san jose this morning. >> reporter: police just left this neighborhood on feller avenue. they were gathering evidence. we expect to learn later today what led an officer to shoot the woman who lives here. this all happened in the alum rock neighborhood yesterday afternoon. you can see from sky 7 a woman walking out of her home with her hands up which are covered in blood. our media partner ""the mercury

news" reports she walked out of her home and made unspecified threats to people including officers. she was armed with a shotgun. police fired at least one shot at the woman wounding her. neighbors are familiar with her. >> i don't know her personally. i know she has a dog that she walks pretty diligently. she seems to be quiet, keeps to herself. >> reporter: according to the paper the woman was reportedly suffering a mental health crisis and said she wanted someone to shoot her. this happens to be the same street where officers shot and killed an 18-year-old in 2016. as i was mentioning before, the police chief will be holding a news conference at 2:00 p.m. today and he's expected to release more details about what happened. reporting live from san jose, janine de la vega, abc 7 news. charges are expected to be filed against a popular ballet instructor accused of sexually

assaulting a child. viktor kavaniaev, most recently worked at the westlake school for performing arts in daly city. it was while he worked in contra costa county officials say the assault took place. he was arrested at his home on 16 counts including sexual assault involving a child under 14 and suspicion of rape by force. authorities have not revealed when the alleged assault took place. developing news where the highway patrol is looking into whether there's been another attack on a tech shuttle bus. investigators received a report of a bus with a shattered window on interstate 280 late yesterday. officers could not find the bus or the person who reported the incident. at least five buses have been hit in the area in the last month. it is 4:30 now. if you're just joining us on a tuesday, a quick update of your weather starting with meteorologist mike nicco. good morning, guys. let's talk about fog because it's more widespread this morning thanks to the lack of cloud cover compared to yesterday. visibility zero in pe