good morning america." making news in america this morning, florida bracing for michael. the hurricane growing stronger expected to make landfall as a category 3 storm. >> this is a massive storm. >> this morning the mandatory evacuations, the military preparing and the storm surge that's expected. a message of unity from supreme court justice brett kavanaugh as he prepares for his first day on the job. >> my goal is to be a great justice for all americans. >> while president trump calls the accusations against kavanaugh a hoax from evil people. new overnight, chaos along one of hollywood's busiest streets. reports of people injured during a rapper's promotional event. plus, the jail break caught on camera. two inmates escaping in trash cans. and history in the nfl overnight. the record-smashing performance

and peyton manning's hilarious reaction. and was a pizza chain really reselling frozen pizzas? the explanation after this shocking sight went viral. when you think it's delivery, but it's digiornio. that's the shocking thing there. >> but it's a delivery. >> exactly. good morning, everybody, on this tuesday. i'm kendis gibson. >> and i'm lynda lopez in for diane macedo. states of emergency have been declared in florida and alabama this morning as hurricane michael grows stronger. >> florida officials are calling the storm monstrous. it could be the worst to hit the florida panhandle in more than a dozen years. this morning mandatory evacuation orders are going into effect, and some gas stations are already out of gas as people make their way inland. this morning, time is running out for millions of people

bracing for hurricane michael as it barrels toward the gulf coast. >> this isavnoseing like >> reporter: michael could make landfall as a category 3 storm wednesday morning packing a storm surge of 8 to 12 feet. the state declaring an emergency in 35 counties activating hundreds of national guard troops. residents are filling sandbags, boarding up windows and stocking up on supplies. >> we weren't nervous last night when we went to bed, and then we woke up this morning, and all of a sudden it was -- well, it was first a category 2 and now it's looking like it's going to be worse than that so we're a little nervous. >> reporter: mandatory evacuations are now being ordered for parts of the panhandle but there are concerns that some of the shelters in the area won't be able to withstand the heavy winds. in a facebook post, the wakulla no shelters will be open because the county's shelters are safe only for a category 2 storm. >> every family must be prepared, every family. remember, we can rebuild your house, but we cannot rebuild your life. >> reporter: and right now in

the gulf, cruise ships are altering their routes. some oil and natural gas platforms are shutting down and back on land, the air force is relocating aircraft at its base near panama city to ohio far away from the storm zone. and many schools and government offices in the panhandle are closing today. we'll get the latest on the storm's track from accuweather in just a few moments. brett kavanaugh will hear his first cases today as a supreme court justice following a rare swearing in ceremony at the white house last night. president trump dismissed the sexual assault allegations against kavanaugh as lies, and he apologized to kavanaugh for the contentious confirmation fight, but kavanaugh says he's taking the job with no bitterness toward anyone. abc's stephanie ramos has the latest from washington. good morning, stephanie. >> reporter: lynda, good morning. you said it, brett kavanaugh will hear his first arguments as a supreme court justice today but this comes after a swearing in ceremony that was anything al e ett kavanaugh is now

officially on the supreme court bench. >> i, brett m. kavanaugh, do solemnly swear. >> reporter: during the ceremonial swearing in at the white house,resintru taking a victory lap while apologizing to kavanaugh. >> on behalf of our nation, i want to apologize to brett and the entire kavanaugh family for the terrible pain and suffering you have been forced to endure. >> reporter: the president also lashing out at those who opposed his nominee. >> it was a disgraceful situation brought about by people that are evil. >> reporter: it's unclear whether trump was referring to kavanaugh's accusers, senate democrats or others. the president even claiming that kavanaugh was proven innocent of the sexual assault allegations made against him by christine blasey ford and several other women, but there was no trial. kavanaugh has repeatedly denied all allegations and was ly confy supreme court justice in more

than 130 years. during the ceremonial swearing in as all of the supreme court justices looked on, kavanaugh said he was harboring no bitterness and vowed to approach the job fairly. >> the supreme court is an institution of law. the justices do not sit on opposite sides of an aisle. we do not caucus in separate rooms. the supreme court is a team of nine, and i will always be a team player on the team of nine. >> reporter: house minority leader nancy pelosi says she will file a freedom of information act request for the fbi record on kavanaugh. she says she wants the public to see the fbi report and the instructions from the white house regarding the scope of that investigation. lynda, kendis. >> stephanie ramos, thank you. now to a major development this morning in the disappearance of a reporter who worked for "the washington post" and was last seen walking into a saudi arabian consulate overseas.

this morning "the post" reports this surveillance image you see there shows jamal khashoggi entering the saudi consulate in istanbul. officials in turkey say they fear that he was killed right there inside the building. khashoggi was an outspoken critic of the saudi royal family and the secretary of state, mike pompeo, back here in the u.s., now calling on the saudis to support a thorough investigation. president trump is taking a wait and see approach. >> i am concerned about it. i don't like hearing about it, and hopefully that will sort itself out. right now nobody knows anything about it, but there's some pretty bad stories going around. i do not like it. >> reporter: saudi arabia calls the murder allegations baseless but has offered no evidence to show khashoggi ever left that building. a rapper's appearance overnight in los angeles ended in chaos with reports of multiple people injured. the rapper phora hosted a promotional event at the hollywood and highland center on

hollywood boulevard.ti. the crowd rushed towar and authorities in dallas say strong winds may have played a role in the collapse of a three-story town house that was under construction. six workers became trapped. one was killed. the others were injured but are expected to recover. and nearly two dozen students had to be rescued from this school bus in kansas city after getting trapped in rising floodwaters. some students say the driver may have thought the water was just a puddle. everyone was pulled to safety. and it's time now for a look at your forecast for this tuesday. good morning. michael is getting bigger and stronger ahead of schedule expected to be upgraded to a possible category 3 by later

this evening and will strike florida by wednesday evening, likely a category 3 hurricane. here's the problem, risk to lives and property. we're looking at a high risk for tallahassee, at least a moderate risk throughout georgia leaning into south carolina. that's right. south carolina in the path of this storm. i'm accuweather meteorologist paul williams. well, call it a big trash can escape. coming up, you'll see how two prisoners made a run for it. but first a heartbreaking animal rescue story. dozens and dozens of beagles found cramped inside one home. dog lovers now joining forces to care for them. and later, just how little free time parents have. we

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we're back with some video of some of the 71 beagles found cramped inside one home near allentown, pennsylvania. officials say the dogs were part of an illegal breeding operation. one rescuer said when you looked inside the house, all you saw was a sea of beagles. you didn't even see floor. the humane society is now evaluating the dogs and putting them up for adoption soon. the google+ social network has been shut down after a data breach. "the wall street journal" reports google realized back in march that the personal data of 500,000 users had been exposed but chose not to disclose the breach fearing it would attract attention from government regulators. now, google says there's no evidence any of the personal data was misused. the federal government says a florida cardiologist is now the most wanted deadbeat parent. david adams owes more than $4.2 million. that's 6 times what the other 16 people on the list owe combined.

an arrest warrant was issued for the doctor, but he fled possibly to israel. two inmates were able to escape from a jail in louisville by hiding inside kitchen garbage cans. they were taken out with the garbage and made a run for it, but it wasn't hard for police to sniff out their escape route. they were recaptured a short time later. >> that, indeed. okay, so before you see this next image, we should tell you that nobody was seriously injured, and that in itself is shocking when you take a look at it given that the truck ended up on top of a car after a chain reaction crash in prescott, arizona. the woman driving the pickup reportedly lost control when she was struck by another vehicle, and then she hit the car and sending the truck airborne. >> wow. >> police say everyone survived because they were wearing their seat belts, even that person in the red vehicle. >> that's miraculous. >> yeah. all right, coming up, how much of the gluten-free food in enstaurants is really

but first when we come back, new details about the limo company involved in that crash that left 20 dead and the owner's history as an fbi informant. later, the record sen monday night football, which peyton manning is not happy about. fbi informant. and football which peyton manning is not happy about a solr called beta-glucan. beta what? stay with me here. this is where it gets interesting. this fiber really doesn't like cholesterol. so it traps some of the bad cholesterol and shows it a thing or two. making quaker oats a delicious part of a heart-healthy diet. high five, fiber! what's the #1 new skincare product in 2018? olay whips. absorbs faster than the $100, $200, and even $400 cream. feels amazing. i really really love this. i will 100% swap up my moisturizer. can i have it? olay whips. before people invite something they want to know who you are.

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serious infections, which could need hospitalization; skin problems; and severe bone, joint, or muscle pain. are you on the path to stronger bones? if you're not sure. ask your doctor about prolia®. we're back with the new details about this deadly limo crash near albany, new york. a lawyer for the limo company is now claiming the vehicle was safe to be on the road. >> as the investigation into the crash gains steam, the 20 victims and their families were honored at a candlelight vigil. abc's maggie rulli was there. ♪ amazing grace >> reporter: a vigil monday night for the 20 souls lost on saturday. >> my heart breaks as i think of all the lives that will never be the same. >> reporter: the investigation into the horrific crash now concentrating on the vehicle, its driver and the small company called prestige limousine and its checkered history.

new york's governor cuomo pointing out several red flags. the driver was not properly licensed. the limo failed inspection a month ago and the company has been told to cease operations for now. >> in terms of the vehicle, we know that it had been inspected and passed a series of state inspections over the past couple of months, and it was safe to be on the road. i know that there are a couple of technical failures over the past, you know, couple of weeks. you know, the windshield wiper fluid might not have been filled when the investigator looked at the car, but in terms of the safety of the vehicle, we know that it had been inspected and it had passed. >> reporter: the ntsb and state police investigating trying to piece together the reason why the 2001 stretched ford excursion blew through a stop sign at a "t" intersection impacting with such force the engine block ended up in the driver's compartment with no signs of skid marks. >> we want to point out that like today and yesterday, on saturday it was misting and a

damp road could perhaps mitigate any skid marks. >> reporter: inspectors examining the mangled limo's data recorders, mechanical systems, as well as the road itself, which has a history as a danger spot. they will also look into the driver's record conducting an autopsy to see if drugs or alcohols were factors. >> we'll determine if there's any criminal culpability on the part of anyone. if there is we'll hold them accountable. >> reporter: that limo filled to capacity with friends and family on their way to a 30th birthday party for the youngest of four sisters, amy steenburg, who also just got married. all four sisters along with three of their husbands killed in the crash. maggie rulli, abc news, new york. >> the owner of the limo company was an fbi informant years ago after being arrested for helping immigrants cheat on driver's tests while he worked for the dmv. that helped him avoid a fraud charge and possible deportation to pakistan. well, doctors are growing more concerned about an early start to the flu season. it's already blamed for several deaths including a young lawyer

in raleigh, north carolina. 29-year-old scarlett levinson reportedly died from a heart attack following complications from the flu. now friends say she had been healthy and active. the flu killed 80,000 americans last year. that's the most in nearly four decades, and doctors are urging, of course, people to get their flu shots by the end of this month, and people with respiratory issues like asthma are among the most vulnerable. well, that gluten-free meal you just ordered at a restaurant may not be what you expect. a new study finds one-third of gluten-free foods sold in restaurants actually contain trace levels of gluten. pizza and pasta were the biggest offenders. researchers say the problem appears to be contamination, though, not fraud. >> oh, okay. good to know. it's a win or go home game for the new york yankees tonight in their playoff series with the boston red sox. last night boston's brock holt made headlines becoming the first player to hit for the cycle in the postseason as the red sox dominated the yankees, 16-1, and there he had it.

meanwhile, the dodgers are moving on to the national league championship series for the third consecutive year. they finished off the braves with a 6-2 win. well, a guy once thought to be too short to be an nfl quarterback is now the league's all-time leader in passing yards. saints quarterback drew brees set the record with this touchdown pass against the redskins last night. he passed peyton manning on the all-time list. peyton was happy for him, sort of. >> drew, for a thousand days i've held the record for all-time passing yards in the nfl. i got to tell you, it's been the greatest thousand days of my life. and thanks to you, that's over now. and you've ruined that for me. so thank you very much. i have nothing left to look forward to except slicing my tomatoes making dinner for my family putting together this wedge salad. you and i have come a long way since this picture back in 2000 when you were in college and i

was in my third year in the nfl. so, way to go. proud of you. good luck the rest of the way. >> brees says he's proud to have the passing mark. the saints won that game last night, 43-19. >> at least peyton's papa john's will have some fresh tomatoes. coming up, the music superstar invited to the white house and the issue he's raising with the president. also, was a famous pizza chain really selling frozen pizzas? the company's response to this viral video. and later the link between a woman's sleep schedule and her chances of getting pregnant. a woman's sleep schedule and the chances of getting pregnant.

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you see the boxes of digiorno there. people are demanding to know if little caesars was reselling frozen pies. >> so, digiorno tweeted, we have no idea what's going on. all we know is that we've watched this no less than 128 times. >> it turns out that little caesars location is inside a kmart. the company says the kmart employee was storing the frozen pizzas there because they were past their expiration date and were being thrown out. it says no frozen pizzas were ever served. >> so they say. well, kanye west is reportedly headed to the white house just days after defending president trump on "saturday night live." >> "the new york times" reports west will have lunch with the president thursday after meeting with trump's son-in-law jared to discuss criminal justice reform and manufacturing jobs near chicago. >> back in 2009 tmz reported that trump wanted people to boycott kanye over the vma incident with taylor swift. well now that swift has endorsed a democrat, the president said he likes her music 25% less.

and a new study is telling parents what they already know, they have virtually no time to themselves. >> this survey found how much time do parents get to themselves a day, 32 minutes. that's it. some admitted to hiding from their kids to catch a break. about a quarter of respondents said they spend 30 hours per week caring for their kids in addition to the other things they have to do. >> yeah, that includes at least six car trips each week, bringing their kids to school and the other activities, band camps, soccer. >> where are these parents getting 32 minutes? i don't even know about getting 32 minutes to yourself. >> more like two or three. minutes to yourself. >> more like two or three. careful not to get it in her eyes. i know, i know what a bath is... smile honey. this thing is like... first kid. here we go. second kid. you coming in mommy? ahh not a chance! by their second kid, every parent is an expert and more likely to choose luvs than first time parents. luvs with nightlock plus absorbs wetness faster than huggies snug and dry for outstanding overnight protection at a fraction of the cost. live, learn and get luvs.

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talk to your doctor about xarelto®. good morning. it's tuesday, october 9th. thanks for joining us. >> nice to see you. >> nice to see you guys. >> we'll get to traffic but first we'll start with weather and traffic with mike nicco. >> it's a little cooler, the temperatures are in the 50s instead of the 60s and 70s like yesterday. here's a look at what's going on with our temperatures. 57 in san francisco, oakland and fremo fremont. most of us in the mid to upper 50s. notice the change along the coast. there is going to be clouds and fog. there's sea breeze. 70s around the bay. more on the fog, let's turn over

to frances. >> you're talking about the cooler weather. there's fog at the golden gate. here's a live shot right now. you can see how the fog is going to affect visibility for your ride across the bridge. also, here's a live shot of 280 and highway 17 in santa fe. a problem on northbound, a dead deer blocking both lanes so we'll keep you posted. hopefully that will clear up soon. >> thank you. new this morning in the south bay, people run out of their home as a fire consumes it. >> abc7 news reporter matt keller live for us in san jose. >> reporter: four people were inside the home when this fire started. they're okay. this home is destroyed. check out what firefighters were facing. huge flames on mt. mckinley court near the foothills. call came in after 11:30, took

firefighters half an hour to knock down the flames. they were delayed because power was still onto the home. >> one of the complicating factors is we had a live wire so the building is charged with electricity. therefore, water streams with electricity is not a good thing. it makes it harder to extinguish the fire. >> reporter: two pets were brought out of the home but looking for a third pet. the fire appears to be accidentaland possibly started in the kitchen. the investigation into the cause continues. reporting live in san jose, matt keller, abc7 news. >> thank you. in the north bay, firefighters making progress on a wildfire. despite their best efforts, fire destroyed a house yesterday. no one was hurt in the fire.

another building burnt sunday. it's scorched 4,000 acres of land and is 80% contained. it's 4:30 on the dot. good morning. here's a quick update on your weather and traffic. mike nicco? >> thank you very much, reggie, jessica. hi, everybody. let's take a look at the winds. the fire danger expired at 10:00. the winds less than 10 miles an hour. they're 3 to 6 miles per hour in most neighborhoods. the fog confined to the coast. ten, that means unlimited everywhere we're looking. a look from the east bay hills camera and it's lurking just on the other side near the coast, the fog going to bring a cooling trend to the coast in san francisco while the rest of us will be warmer than average. you step outside, you'll have to dress a little warmer. my accuweather 12-hour planner showing 76, 64 this