making news in america this morning, president trump's lawyer, rudy giuliani, with a bold, new claim saying the president could have shot former fbi director james comey and he still could not be prosecuted. the new legal wrangling in the russia investigation, plus the announcement overnight about first lady melania trump. breaking overnight, volcano disaster. dozens killed in a new eruption in central america. meanwhile, in hawaii another earthquake and people now trapped by lava. no chemo necessary? the groundbreaking new breast cancer study and the patients who may not need chemotherapy to improve their chance of survival. plus, this fbi agent showing off his dance moves when his gun accidentally goes off shooting a man at the bar. what's happening now to the agent.

also, a rare sight as a fireball lights up the night sky. and a polar bear escapes through this hotel window. what he stole just seconds earlier. and we do say good morning on this monday, everyone. i'm kendis gibson. >> and i'm maggie rulli in for diane macedo. we begin with a stunning new claim from president trump's lead attorney looking to show the depth of the president's powers. >> after suggesting that the president has the right to pardon himself and cannot obstruct justice, rudy giuliani now says the president couldn't be indicted even if he shot james comey. abc's janai norman has the latest for us. good morning, janai. >> reporter: guys, good morning. this is a series of interesting claims we're hearing from president trump's legal team and they seem to almost preempt any conclusion the special counsel may reach throughout the investigation. president trump's legal team is making the case -- >> can you not indict a sitting

president. >> reporter: lead attorney rudy giuliani with a shocking suggestion and hair-raising hypothetical telling "the huffington post" in no case can he be subpoenaed or indicted. if he shot james comey, he'd be impeached the next day. impeach him and then you can do whatever you want to do to him. in making the claim that even if the president were found guilty of a crime, he has the power to pardon. >> do you and the president's attorneys believe the president has the power to pardon himself? >> he's not but he probably does. >> reporter: but giuliani says the political ramifications would be too great for the president to pardon himself. all this as president trump's legal team responds to a 20-page leaked memo sent to the special counsel dated january 29th. the president's lawyers arguing he can't be guilty of obstruction of justice as he is the chief law enforcement officer, a claim legal experts are skeptical of. >> so, the notion that suddenly obstruction of justice is not something a president can ever do is a radical theory.

>> reporter: and that secret memo revealing for the first time the president's attorneys admitting president trump dictated the initial response about his son don junior's meeting with a russian attorney months before the election, something the white house previously denied. >> he certainly didn't dictate but, you know, he -- like i said, he weighed in. >> first it was denied then you say he dictated it. >> this is why you don't let the president testify. our recollection keeps changing or we're not even asked the question and somebody makes an assumption. >> reporter: and giuliani has made it clear president trump's team will fight in the special counsel attempts to subpoena the president telling abc news if that happens, we're going to court. maggie and kendis. >> i do have a feeling this will go on for some time. janai norman, thank you. after 25 days out of the public eye, first lady melania trump is scheduled to attend a white house reception today for gold star families, but the event is closed to the press. meanwhile, we've learned

mrs. trump will not be joining the president at the g7 summit in canada this week, and she will not be traveling with him to singapore for the historic talks with north korea. she was last seen in public a few days before undergoing a procedure for a kidney condition. breaking overnight, a midair scare for passengers on american airlines flight that was going from san antonio to phoenix. they were forced to make an emergency landing after hail shattered the windshield. the pilot said they had almost no forward visibility and had to rely on a side window. they landed safely in el paso, texas. one passenger said it was the scariest flight of his life. authorities in arizona say they're trying to catch a killer he stkeagn. plven ed in a span of three days including prominent forensic psychiatrist steven pitt. he was gunned down at his office in phoenix thursday. then on friday two paralegals were killed in a double shooting in scottsdale. police say those three murders are related. and now they're investigating whether the murder of a fourth

person saturday is also connected. >> the big concern, obviously, is there another victim just around the corner? the pressure then is on law enforcement to find this person. police are spending extensive amounts of time going through the backgrounds of every one of these victims to look for common themes. >> authorities have released a sketch of the suspect. you can see it there. they're trying to determine what may link the victims. a $21,000 reward is being offered for information leading to the killer. at least four people have been arrested after rival protesters clashed on the streets of downtown portland, oregon, as you can see. the groups included the so-called patriot prayer and their freedom march there and an opposing group claiming the march was bringing nazis to portland. now, police say members of each group used pepper spray and threw rocks and bottles. no officers were injured. we turn to a major health headline. a landmark new study finds most

women with the most common form of early stage breast cancer can safely skip chemotherapy and this finding could spare 70,000 americans a year from the ordeal and the expense of chemo. it's the largest study ever done about breast cancer treatment and its main finding is at least 70% of early stage breast cancer patients may not need chemotherapy while battling the news. it's welcome news to those who experienced it. >> i had nausea. i also then lost my hair. it felt like the worst fluid's flu i've ever had times ten. and you have absolutely no energy. >> the study used a gene test done on tumors to decide whether a woman would benefit from it or could receive hormone therapy. using this test, researchers found chemotherapy did not add any benefits in survival rates or reoccurrences for most women women 50 and younger in high risk groups might still need chemo. >> this is for the woman at

intermediate risk for it to return. better safe than sorry. this trial using this type of test lets us say to those women you will do fine without chemotherapy and spare all of the stuff that comes along with that. doctor ashton tells us the gene test using the study is widely available, and it's covered by insurance most of the time. it costs about $3,000. rain today is expected to provide some relief for crews fighting a large wildfire in new mexico. the fire has burned more than 50 square miles in the northeastern part of that state. it's forced evacuations already and crews have been working to protect nearly 300 homes. on the other side of the country more rain as well. a state of emergency was declared in parts of west virginia and several large trees ll, we have one low pressure

system that's beginning to depart out towards deeper waters but we have another that will swing through creating spotty showers and thunderstorms throughout the northeast continuing to keep it very wet and very unsettled throughout the day and looking for a chance of severe storms throughout portions of oklahoma city going into texas down towards dallas with damaging winds, torrential downpours and hail with storms erupting throughout central portions of texas then desert heat kicks back in with more problems with the fires in portions of new mexico. i'm accuweather meteorologist paul williams. well, coming up, the celebrity who gave up his cell phone and how it changed him. but first a developing story overnight. yet another volcanic eruption. this one in central america. dozens of people have been killed. the latest from the scene. plus, the executive behind the wheel of this expensiv corvette when he crashed it into a wall of a racetrack.

than doubles your chance of escape in case of a fire. smoke alarms can provide an early warning if you follow these 3 steps. repalce your smoke alarms every 10 years. if they're old an discolored it's time to replace them. check your batteries regularly. a great time to change them is every spring and fall when you change your clocks. and lastly, check your alarms weekly. replace. change. test. because early warnings help to save lives.

so, that would be a fireball over southwest china. a meteorite putting on quite a show, you might say, according to local media experts confirming small stones found on the ground in that area came from a meteorite. another liftoff for the private space travel company spacex sent the falcon 9 rocket carrying a communications satellite. it's one of the largest the company has ever launched. to the breaking news in central america. at least 25 people are dead and hundreds are injured after a volcanic eruption in guatemala. massive plumes of smoke now hover over the country. survivors covered in ash have been desperately searching for their loved ones. about 3,000 people have been evacuated southwest of the capital where the airport is now

closed. lava hit the village of el rodeo where search and rescue operation also continue this morning. this is the second time this year that the fuego volcano has erupted. back in this country a magnitude 5.5th hit. more than 500 earthquakes were reported at the summit of the volcano in hawaii within a 24-hour people. meanwhile, at least three people have been airlifted to safety after being stranded in an area cut off by lava. at least 12 others may be trapped without power or running water. an investigation is under way into the death of a family dog on board a flight from phoenix to newark. delta air lines says the pomeranian was fine when they checked on him in the cargo hold during a layover in detroit. but just two hours later he was dead. in march you'll recall a french bulldog died on a united flight. the family of that one reached a settlement with the airline after accusing a flight attendant of making them put the dog inside an overhead bin. an executive at general

motors was behind the wheel when a corvette being used as a pace car crashed into the wall before an indycar race. he was not seriously injured. gm says he was trained to drive high-performance cars and the base cost of that car, $123,000. >> oops. apple is expected to announce some new tools today to help people monitor how long they spend on their phones to help curb cell phone addiction. the music mogul simon cowell is making headlines after revealing that he hasn't been on his cell phone for ten months. he says it's made him happier and more focused. google recently announced its new android software will also include an app that lets you restrict your daily app usage to help prevent phone addiction. and coming up, a major league pitcher comes painfully close to a no-hitter. but first new details on this wild scene. a car driving onto a little league baseball field in a deadly hit-and-run. and the shocking video of

this fbi agent on the dance floor when his gun goes off shooting a person in the crowd. what could happen now to the agent. now happen to the agent. ove the rest lindt excellence created by our master chocolatiers pure, rich, darkly intense... made like no other crafted elegantly thin to reveal complex layers of flavor experience excellence with all your senses and discover chocolate beyond compare try lindt excellence with a touch of sea salt. non-drowsy children's claritin allergy relief. the #1 pediatrician recommended non-drowsy brand. because to a kid a grassy hill is irresistible. children's claritin. feel the clarity and live claritin clear. shark has added a rotating soft brush. so while deep-cleaning carpets, you can also grab large particles,

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be quick to talk to your teen's doctor about a meningitis b vaccine. the woman behind a deadly hit-and-run on this little league baseball field in maine is due in court today. a man was killed after trying to push kids out of the car's path. police say the woman behind the wheel drove through an open gate onto the field and has two drunk driving charges, but police haven't said whether alcohol is involved in this. she is being charged with manslaughter. the off-duty fbi agent showing off dance moves on the floor. >> this morning he is in big trouble after his gun fell out of his holster and then went off. the bullet hit someone in the crowd. abc's clayton sandell has more from denver. >> reporter: the fbi says it's reviewing this incident that began with an agent cutting loose on the dance floor, but as he goes for the backflip, it's his handgun that slips loose falling to the floor. it gets worse when he picks it

up accidentally firing. hitting a man in the crowd at a denver nightclub just have a party shot that's inside the bar. party shot in the leg. >> reporter: take another look. as he reaches down you can see the muzzle flash. the agent holsters the handgun as the crowd backs off. >> the gun went off from someone's pocket? >> we're out with the subject with the firearm. >> reporter: police took the fbi agent in for questioning early saturday morning. later turning him over to a supervisor. >> no matter who you work for, local, city, county, state, federal police, all the rules apply to you on or off duty. anybody that's sworn that pulls out a gun in a social setting and harms somebody else is in big trouble. >> reporter: the man who was shot in the leg went to a hospital but is expected to be okay. the fbi hasn't said whether that

agent will face any discipline or if he was drinking at the time. denver police say it's now up to the district attorney to decide whether that agent will face any charges. clayton sandell, abc news, denver. a police officer in athens, georgia, has been fired after an investigation found he intentionally ran down and hit this fleeing suspect with his patrol car. watch it again. that suspect who suffered scrapes and bruises in the crash was wanted for a probation violation. you see him there. state authorities are looking into whether criminal charges should be filed against the officer. an emotional graduation ceremony this weekend for students at stoneman douglas high school in parkland, florida. four seniors were missing at the ceremony. they were among the 17 people killed during that valentine's day shooting at the school. their families were given their diplomas. the mother of one of the students wore a t-shirt that said, this should have been my son. the students wore sashes that said msd strong while remembering their lost classmates. >> i wish she could walking across it with me as i wish she could be going off to college with me.

she'll forever be with me. >> the class president said the struggle to cope with the shooting will not define the survivors but it should motivate them. all right. turning to sports and game two of the thsty show. hurry hit nine three-pointers. that's a record, by the way, for the nba finals. scoring 33 overall and results were never really in doubt. the warriors easily beating the cavs, 122-103. they now lead the series, 2-0. game three wednesday night. we hope it's competitive. it is in cleveland. in baseball, cardinals pitcher michael wacha had a no-hitter going into the ninth inning against the pirates but then a base hit ended the dream. sorry, wacha. and his career, wachaore ndlso te game he said, maybe next time. i love that. that hope. >> maybe third time is a charm. >> maybe next time. up next in "the pulse," a

fourth grader's must see version of john lennon's classic song "imagine." also ahead, a polar bear breaks into this hotel and makes a daring escape. and how benedict cumberbatch saved a group of people from a gang attack. yeah, it's fine. you okay? eczema. it's fine. hey! hi! aren't you hot? eczema again? it's fine. i saw something the other day. myeczemaexposed.com. your eczema could be something called atopic dermatitis, which can be caused by inflammation under your skin. maybe you should ask your doctor? go to myeczemaexposed.com to learn more. dad! hiding when i was supposed to be quitting. i thought, i should try something that works. i should try nicorette. nicorette mini relieves sudden cravings fast. anytime. anywhere. nicorette mini. you know why. we know how.

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fighting. it happened near a statue of sherlock holmes. >> irony. okay, so now we take to you norway for a criminal on the run after a brazen escape. >> now, this isn't your common criminal. it's a polar bear. it broke into this storage room of this hotel and escaped by climbing out the window. apparently he stole some chocolate. the kitchen manager claims he also drank some booze. >> exactly. i like this bear. so, in this small town polar bears actually outnumber people. we're told the residents keep their doors open at all times so anyone being chased by a bear can make a quick escape, but just look for the drunk bear. >> risky. >> that's walking down the street. next one of john lennon's most recognizable songs, "imagine," of course, and a fourth grader from minnesota who is a big fan. >> check out his amazing rendition. ♪ imagine all the people living for today ♪ >> that's adam kornowski.

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good morning on this monday, june 4th. it's another morning of victory. we're happy about that. you're never more than seven minutes away from your accuweather forecast. >> meteorologist mike nicco has that for us. >> good morning, guys. victory over the heat? we've got that coming at you, too. the 90s out of here. the first signs of it, 14-mile-per-hour wind at fairfield, 15 at sfo and 13 at half moon bay. the sea breeze is going to get stronger. not many clouds out there this morning. those will also return tomorrow and aid the cooling. here is a look at the temperatures when you step outside. we do have a few 60s in san jose. still 69 in the hills in los gatos. concord 65. antioch still at 75. the rest of us in the 50s. we'll show you the microclimates coming up.

we have a serious crash to talk about in the east bay. this is a deadly crash overnight on 680 between walnut creek and alamo. this is on the southbound side, started about 1:30. calls in to chp that the driver was going northbound in the southbound lanes. that driver had crashed into the center divide. the female, the only person inside that vehicle, the driver is dead. they did try to revive that person, but she did not survive. they don't have many other details than that right now. for quite some time we had two lanes blocked on either side of the roadway. everything cleared right around 4:00 this morning. as far as traffic is concerned, we don't have any delays and the scene is in the clearing stages. obviously not a great start to the day here. we'll take a look at drive times at around 4:30. two down, two to go. the warriors may not play another game at or akal this

season after taking game two of the >> steph curry was on fire, scoring a finals record 9 three-pointers. >> i never woke up and said let's go get nine threes and the record. it's more so about playing the game the right way, having good intentions on the court and good things happen. so pretty special night and hopefully some more special things happening and we get two more wins. >> lebron james scored 29 points with 13 assists. j.r. smith who held the ball in the final seconds in game one, even though the score was tied, got a standing ovation from warrior fans in the pregame introductions. warrior fans made sure oracle was roaracle. >> hundreds of fans gathered

outside the arena looking for music. some held miniature championship trophies. and engaged in something that we think is dancing. most are sure this is the last game at oracle this season. >> love it. game two, this is how we going to do it. we punched them in the mouth. ready to go to cleveland. >> we're going to sweep the whole series. >> go warriors! >> back-to-back, back-to-back! >> back-to-back we're going to take it. >> he gets polite at the end. >> look at this kid. >> that's real dancing. >> the dubs are overwhelming favorites to take the series. some fans point to 2016 whenhe warriors caused up a amead and . >> it's going to be great. abc 7 the only place to watch the nash finals. game three of warriors versus cavaliers is wednesday. we