making news in america this morning, the fight to obtain president trump's tax returns his a new roadblock. why the treasury is refusing to hand them over. plus, the new development as democrats push for special counsel robert mueller to testify under oath. a new clue after this airline disaster on the runway. 41 people killed as this passenger jet purse into flames. what the pilot is now revealing about the weight on board and what the crew failed to do. the dire new warning from scientists. why they claim 1 million animal and plant species are now at risk of going extinct. can anything be done about it? prince harry over the moon. >> mother and baby are doing incredibly well. >> when we'll finally get to meet his son and the unusual privacy surrounding the new royal baby.

plus, the new headline about sunscreen and the chemicals that >> sometimes you wr t. metimes you are the art and sometimes you're both. >> the stunning looks, the biggest moments and why the met gala turned into the met gaga. good tuesday morning, everyone. thanks for joining us. we begin with the trump administration pushing back against democrats rejecting demands to release the president's tax returns. >> the treasury department is citing concerns over privacy and the law. meanwhile, the threat of contempt is now looming over the attorney general. >> and we're getting mixed signals about whether special counsel robert mueller will get to testify about the russia investigation. abc's trevor ault has the latest from washington. trevor, good morning. >> reporter: hey,kenneth. this is really a battle between

the executive and legislative e publicans belie ppltiplee moa' repeed ts oeach this morning, the fallout from the mueller report on full display with treasury secretary steven mnuchin refusing to turn over president trump's tax returns writing to the house ways and means committees saying that the democrats' request to stump -- turn over the president's taxes lacks a legitimate legislative purpose and presents serious constitutional questions. separately tuesday justice department officials set to meet with house judiciary committee chairman jerry nadler, they'll try to negotiate a deal to release a less redacted version of the mueller report. >> complaints with congressional subpoenas is not optional. >> reporter: today's meeting happening a day before a scheduled vote to possibly find the attorney general in contempt as it unfolds, democrats are also in talks with robert mueller himself trying to schedule a hearing for the special counsel to testify. >> a tentative date has been set

of may 15th and we hope the special counsel will appear. >> reporter: president trump who previously said mueller's testimony was up to the attorney general now reversing course writing in a tweet that robert mueller should not testify. but abc news has learned the attorney general still believes special counsel mueller has a right to appear despite the president's apparent objections and some republicans also want the chance to question the special counsel. representative tom mcclintock telling fox news he thinks robert mueller tried to undermine the president. >> because there are some very serious questions about his conduct in that position. >> reporter: and all of this is happening as the president's former personal attorney michael cohen begins his three-year stint in prison for multiple crimes including campaign finance violations and he said before he reported to prison yesterday, there still remains much to be said. janai and kenneth, back to you. >> slamming the president as

he made his way to prison. trevor ault in d.c., thank you. police have arrested and accused a cop killer in mississippi. robert mckeithen was months away from retirement when he was gunned down in front of the police station monday. police captured darian atkinson in a nearby city after he was spotted on the street by a police officer. he'll be charged with capital murder and it's unclear if the officer was targeted or shot at random. we turn now to that airline disaster on the runway. 41 people killed when a passenger jet burst into flames in moscow. we're now learning the plane may have been carrying extra fuel. we're also learning more about the american killed on board and the hero flight attendant who saved lives. this morning, investigators are closely analyzing this video from inside that russian airliner that crashed in moscow as passengers and crew scrambled to escape the flames. the jet appeared to bounce three times before skidding to a stop. the pilots had just returned to the airport after reporting an emergency. some reports suggest it was a lightning strike. this morning a new clue on what may have contributed to the

crash. russian news media quotes the pilot saying the plane was landing with excess weight because the crew failed to dump any fuel before the emergency landing, which is common procedure for flights landing so soon after takeoff. >> under normal circumstances the fire trucks should follow that emergency aircraft down the runway and be ready to put out any fire. it was a long time before we saw any fire trucks come on. >> this flight attendant is being hailed a hero for reportedly kicking open the door and grabbing passengers by the collar pushing them onto the emergency slides even while some tried to grab their luggage first. >> it's a real question, did people slowing down to get their luggage delay the exit of people in the back and lead to deaths in this mishap? >> this is what the wreckage of the plane now looks like. the charred back end collapsed. jeremy brooks was the one american killed. the 22-year-old recent college grad from new mexico was taking a job as a fishing guide in russia. friends called him a kind soul. >> he was more excited than

anyone than ever before. he was doing what he loved. >> investigators have recovered the flight recorders. the plane had a history of safety problems. authorities are looking for any technical malfunction, pilot error or weather-related issues. at the same time investigators looking into the crash landing of a charter jet in jacksonville, florida, are focusing on the pilot's request to change runways. the last-minute change put the wind behind the plane making it land at higher speed. officials hope the cockpit voice recorder, which is still underwater, can offer some clues. the plane cannot be pulled out of the water until all the fuel is removed. more than 6,000 navy personnel are heading to the persian gulf putting u.s. firepower on iran's doorstep. secretary of state mike pompeo calls the move appropriate after u.s. intelligence indicated possible attacks being planned by iran against u.s. forces in the region. the u.s. aircraft carrier and bomber wing have now been deployed. the white house says it's not looking for war but is prepared to respond.

abc's martha raddatz says the method of the potential iranian attack remains unclear. >> reporter: there have been no specifics revealed about this potential attack, but this show of force certainly sends a strong warning to iran that if they do attack, they will face what the white house is calling an unrelenting response. >> tomorrow marks one year since the u.s. pulled out of the iran nuclear deal. iran's president is reportedly planning a speech to detail tehran's next steps. the nation's measles outbreak which we've been telling you is the largest in 25 years is still spreading. the cdc now reports 764 cases this year with 60 more in the last week. cases have been reported in 23 states now. pennsylvania is the latest added to the list. meanwhile, more than 300 people remain quarantined in the caribbean on a ship owned by the church of scientology. they've been tested for measles and are being kept on the ship until the test results are returned. they're due back today or

tomorrow. turning to the weather, parts of oklahoma is bracing for severe storms. in boynton beach lightning hit the dumpster and concrete wall surrounding an apartment complex. incredible moment there. let's take a look at your tuesday forecast. good morning. thunderstorms will erupt throughout texas up towards oklahoma city causing concern for damaging wind gusts and tornadoes and wichita, oklahoma city, amarillo, ft. worth down towards san antonio but not just that, flooding will be a problem, flash flooding, river flooding, road closures and travel disruptions and texas, louisiana, mississippi, alabama, tennessee as well as arkansas will have widespread scattered showers throughout the midwest then it will lean its way throughout the ohio valley region all the way to the northeast. i'm accuweather meteorologist paul williams. coming up, the big decision from b.k. burger king decides

whether to sell the meatless whopper. but first the dire new warning about 1 million animal and plant species now at risk of going extinct. what's to blame. plus, new research about sunscreen chemicals

13 people are dead after this private jet flying from las vegas crashed in mexico. everyone aboard the plane died including a family of five. the wreckage was found in a remote area of northern mexico. no americans were on board and no word on the cause of that crash. a dire new warning about the planet this morning. the united nations says 1 million species are now at risk of extinction because of human activity. rates hundreds of times faster than in the past.

researchers blame human caused climate change, pollution and overpopulation. but the report found it's not too late to reverse the negative trends if we change the way we grow food, produce energy and dispose of water. a health alert about the sunscreen used by millions of people every day. researchers say the active ingredients are seeping into your body. an fda study identified four chemicals that are absorbed through the skin and into the bloodstream. they don't yet know if they're harmful. they're now calling on sunscreenmakers to do more research to determine whether there's any risk, but still experts insist people should continue using sunscreen to protect against skin cancer. burger king has confirmed it's taking its meatless whopper nationwide. the so-called impossible whopper has been tested in st. louis. sales have been so strong that the sandwich will now be offered in every bk location by the end of the year. tiger woods is now a member

of another elite golf club. he's the fourth golfer to be awarded the presidential medal of freedom. the president congratulated on his will to win. >> tiger woods is a global symbol of american excellence, devotion and drive. he's also a great person. he's a great guy. >> to have the support that i've had for all these years, you've seen the good and the bad, the highs and the lows, and i would not be in this position without all of your help. >> woods received the honor three weeks after his emotional win at the masters. his 15th major title and his first since 2008. >> it's been quite a turnaround for tiger woods. coming up, the new push to legal identify so-called magic mushrooms. hbo respond mistake on "game of thrones." but first the mystery surrounding the new royal baby. o type 2 diabetes, are you thinking about your heart? well, i'm managing my a1c, so i should be all set. right.

actually, you're still at risk for a fatal heart attack or stroke. even if i'm taking heart medicine, like statins or blood thinners? yep! that's why i asked my doctor what else i could do... she told me about jardiance. that's right. jardiance significantly reduces the risk of dying from a cardiovascular event for adults who have type 2 diabetes and known heart disease. that's why the american diabetes association recommends the active ingredient in jardiance. and it lowers a1c? yeah- with diet and exercise. jardiance can cause serious side effects including dehydration, genital yeast or urinary tract infections, and sudden kidney problems. ketoacidosis is a serious side effect that may be fatal. a rare, but life-threatening, bacterial infection in the skin of the perineum could occur. stop taking jardiance and call your doctor right away if you have symptoms of this bacterial infection, ketoacidosis, or an allergic reaction. do not take jardiance if you are on dialysis or have severe kidney problems. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. so, what do you think? now i feel i can do more to go beyond lowering a1c.

ask your doctor about jardiance today. for everything that i give, i get so much in return. join our family of home instead caregivers and help make a world of difference. home instead senior care. apply today. we're back with niagara falls lit up in blue to celebrate the birth of the

newest member of the british royal family. >> it's a boy. the big question now is what will be the new baby's name. we're likely to find out tomorrow when prince harry and new mom meghan markle greet the media together. >> abc's julia macfarlane explains why this royal baby is like none before him. >> reporter: good morning, kenneth, janai. the world has been waiting for this. meghan and harry captured global attention with their whirlwind romance, and now everyone can't wait to see their new baby boy. as the sun sets in windsor, the royal couple spending their first night together with their new baby boy. the duchess of sussex went into labor early in the morning. a few hours later, buckingham palace announcing meghan had safely delivered a little boy weighing 7 pounds and 3 ounces. a beaming prince harry barely able to contain his joy. >> i'm so incredibly proud of my wife. and as every father and parent

would ever say, you know, your baby is absolutely amazing. but this little thing is absolutely to die for, so i'm just over the moon. >> reporter: he wasn't the only one. this royal birth warmly welcomed in the uk and around the world. here in windsor royal fans celebrating the happy news. >> hip, hip, hooray. hip, hip, hooray. >> reporter: the baby's new aunt and uncle will and kate also saying they're thrilled to meet the newest member of the royal family and warm wishes from his great grandmother, queen elizabeth. meghan's mother is by her side and her estranged father also sent well wishes to his royal grandson. we expect to see the whole sussex family in a couple of days' time and learn the baby's name. >> it's been very interesting how the duke and duchess of sussex have wanted to play this. the duke of sussex has a great deal more freedom, and he'll use it to protect his wife and now his little boy. >> mother and baby are doing incredibly well. it's been the most amazing experience.

>> reporter: with this little baby boy, meghan and harry make history. the first biracial anglo-american baby born into the british royal family. julia macfarlane, abc news, windsor. >> historic, indeed. julia, thank you. as the name for baby sussex, oddsmakers say albert, arthur and philip are among the top bets. meanwhile, the media are speculating on the cost of the new baby. meghan has reportedly spent $500,000 on her maternity wardrobe alone. the search intensifying for the 4-year-old girl who may have been kidnapped in houston. maleah davis was reported missing saturday night by her stepfather who says he was knocked out by the alleged kidnappers. when he regained consciousness he says his son was still with him but maleah was gone. her family is especially worried because she recently had brain surgery. >> i just buried my father and i can't even properly grieve and then to come home to my daughter missing.

the fear of unknowing is just tearing me apart. >> our houston station reports maleah and her two siblings were recently in the custody of child protective services amid allegations of physical abuse. denver could become the first city to decriminalize the use of magic mushrooms. today the residents of the mile high city ahead will head to the polls to vote on a referendum. the measure would make personal use or possession of magic mushrooms by people over 21 a low law enforcement priority. the controversial end to saturday's kentucky derby now appears headed to court. kentucky racing officials have denied a request to overturn maximum security's disqualification. the horse's co-owner now plans to sue. throha tied up their series with the warriors. night, 112-108. meanwhile,the bucks beat the celtics. in hockey the bruins and avalanche won last night.

and a buzzy story from baseball. a beswarm delayed the start of took the game and derek dietrich took matters into his own hands. he was running around with bee spray which earned him the nickname derek beetrich. hbo is responding to an epic fail on the set of "game of thrones." this prop, you see it right there, next to daenerys targaryen turns out to be a cup from starbucks. hbo admits it was left there by accident and joked that daenerys actually ordered herbal tea. maybe a few hundred years too early. up next in "the pulse," fashion's biggest night of the year. >> we'll show you why the met gala did not disappoint. ♪ you don't call the first plumber on the list do you? ♪ you wouldn't hire a two-star mechanic. so why do you stick with a bank that treats you like this? isn't it time you look for better? ask your friends. ask your co-workers.

we're pretty sure they'll send you over to us. because we're not just a bank, we're an ally. [phone ringing] ally, this is pamela how can i help you?

is your floor's best friend. only roomba uses 2 multi-surface rubber brushes to grab and remove pet hair. and the roomba filter captures 99% of dog and cat allergens. if it's not from irobot, it's not a roomba. ♪ it's a special "pulse."

will ganss is here to chat with us about the big met gala. >> lady gaga made quite an entrance to the annual fund-raiser at new york's metropolitan museum of art and she wasn't alone, was she, will? >> no, she was not. the event is often called the oscars of fashion. this year's theme was going camp. if you're looking for something subtle, this year's met gala may not be for you. lady gaga changing not once but four times on the pink carpet. setting the bar high for the rest of hollywood's elite. ready to dazzle at fashion's fiercest night, the theme, camp. offering celebs the chance to take major risks. billy porter channeling elizabeth taylor in "cleopatra" getting carried in on a throne. katy perry literally lit dressing as a candelabra. harry styles bending gender norms and kacey musgraves' hair going platinum walking the carpet as a life-size barbie. and several fashion plates arriving as birds of fashion. anna wintour, kylie and kendall

gender and cardi b covering the carpet in feathery fashion. awkwafina, emily blunt and mindy kaling going for the gold in these ensembles. jared leto getting ahead of himself. co-host serena williams sporting her sneakers under a stunning versace gown. ciara had this lair-raising look and tiffany haddish carrying snacks passing out fried chicken on the carpet. she ready, but are you ready for ezra miller blowing up the internet thanks to this mind-bending look. in case you had any doubts zendaya proving that the met gala really is the place where happily ever after can come true for hollywood royalty. very en vogue for fashion's fairy tale night. zendaya's cinderella gown is by tommy hilfiger. another pink car rhett highlight, celine dion hitting

all the right notes in this dress. it took 3,000 hours to create and all of that beading is heavy. it weighs a whopping 22 pounds. >> holy moly. chantix you can p smoking at first and ease into quitting. chantix reduces the urge so when the day arrives, you'll be more ready to kiss cigarettes goodbye. when you try to quit smoking, with or without chantix, you may have nicotine withdrawal symptoms. stop chantix and get help right away if you have changes in behavior or thinking, aggression, hostility, depressed mood, suicidal thoughts or actions, seizures, new or worse heart or blood vessel problems, sleepwalking, or life-threatening allergic and skin reactions. decrease alcohol use. use caution driving or operating machinery. tell your doctor if you've had mental health problems. the most common side effect is nausea. quit smoking "slow turkey." talk to your doctor about chantix.

i'm workin♪ to make each day a little sweeter. to give every idea the perfect soundtrack. ♪ to make each journey more elegant. at adp we're designing a better way to work, so you can achieve what you're working for. ♪ i'm discovering, i'm ♪ discovering ooooh ♪ ♪ all the color in, all the color in the world ♪ ♪ i'm uncovering, i'm uncovering ♪ ♪ oooooh bring color to life with the very best paint, only at your sherwin-williams store. let's see, aleve is than tylenol extra strength. and last longer with fewer pills. so why am i still thinking about this? i'll take aleve. aleve. proven better on pain.

making news right now at 4:27, parts of the bay area waking up to morning mist. so get ready for a slippery commute. a report card, you will get an f, the light rail trains are on time only 46% of the time. the theme was camp and the stars pulled out all the stops for the net gala. katy perry wearing a life size chandelier. jay leno carrying a head and serena in yellow. >> lady gaga wearing four outfits. more on that in our 5:00 a.m. hour. she had fun. >> welcome to tuesday, may 7th. >> our meteorologist has your

first look at the day ahead. >> good morning, let's talk about that mist. i ran into it on the western span of the bay bridge coming into san francisco. it wasn't until then that i ran into some of that. so the closer you are to the l going to get wet. low- to mid-50s out there. we will end up this afternoon in the 60s. along the coast of san francisco, mid- to upper-60s in the bay, low- to mid-70s in our inland neighborhoods. look for a lot more sunshine than we had yesterday afternoon. take a look at your traffic plan. here's alexis. >> good morning, we have mist or drizzle, there is nothing going on, on the roads right now. we don't have any issues. that's great news. taking you out to the tracy commute. 207 to 580,ilerou respectively. the norm right there. a quick check of emeryville, downtown oakland, those volumes

are slowly starting to fill in. >> thank you, alexis. developing news in san jose. >> it happened at tucson drive and jobina fortson has more. good morning. >> reporter: good morning, we reached out to san jose police to gather more information about this. we are waiting to hear back at this moment. i want to take you to the video of the scene earlier. you can see a heavy police presence there, lots of flashing lights, at least eight or nine police vehicles on the scene there. the call for the initial shooting came in at 9:47 p.m. that initial first call that is. there are unconfirmed reports of two victims. at least one of the two victims inside a residence. again, this is a developing story this morning. we are waiting to hear back from san jose police on this, as soon as we get updates we will be sure to share that on our app

and on here. >> jobina, thank you. it is now coming up on 4:30, if you are just waking up with us, good morning. >> i overlaid the wind. you can't pick up mips and wind on the radar. it overshoots it. you see 17 miles per hour. we are waking up to that cloudiness, the closer to san francisco, the embarcadero, more likely you will be dealing with mist and drizzle. we stay pretty close to the upper 50s at the coast. mid-60s by noon. everywhere else mid-70s, a jacket this evening. let's kick it practice, to alexis. >> we don't have any incidents to talk about so far today. so things are looking nice and light to start the day off. a