♪ right now on "america this morning," high stakes hearing. the january 6th committee set to hear testimony today on the role extremist groups played in the attack on the capitol. were they motivated by former president trump? witnesses now coming forward, including a rioter who warned of civil war. plus, the legal setback for former trump advisor steve bannon. could president biden beat trump if the election were today? the new poll. plus, first lady jill biden facing backlash for what she said about latinos and tacos. the news no one wants to hear. the covid variant is now reinfecting americans, hospital admissions hitting the highest levels since winter. what's different about this

variant. explosion on the launch pad. the video overnight as a spacex booster rocket goes up in flames. >> two head lines from the fast food industry. starbucks reportedly changing its bathroom policy and the legal fight over subway's tuna fish. and the man trying to pus a nose. it's tuesday, july 12th. ♪ >> announcer: from abc news in new york, this is "america this morning". good tuesday morning, everyone. we begin with a high stakes hearing on the january 6th committee today. >> the committee is expected to focus on extremist groups who stormed the capitol and the alleged role former president trump played in motivating them. also we're expecting to hear from an ohio man who entered the capitol warning of civil war. >> it comes as steve bannon suffers a major setback in his

legal fight. >> in a series of hearings so far, the january 6th committee has tried to lay out what it called former president trump's coordinated plan to overturn the 2020 election. today they're going to try to tie those efforts to the deadly capitol attack. this morning, the january 6th committee preparing for its seventh hearing zeroing in on the capitol attack itself. >> usa! >> the committee trying to make the case former president trump's own words inspired his supporters to breach the capitol, trying to stophe20 >> mo assed thend lit o this hearis on radical extremists who took part in the assault. a former spokesperson for the oath keepers planning to testify as members of that group face seditious conspiracy charges tied to the riot. lawmakers also expected to call

steven ayers, an ohio man who plead guilty to his role in the attack. he posted on social media accusing president biden and democrats of treason and warning of a coming civil war. today's testimony coming after an about face by steve bannon, the conservative firebrand and one-time trump strategist who says he'll speak to the committee on the eve of his criminal trial for ignoring a subpoena. he refused citing executive privilege despite leaving his trump white house job in 2017. >> he said he's willing to comply if they just resolve the privilege issue which he feels he's bound by. >> a judge yesterday disagreed saying the presidential power to withhold information doesn't cover a former government official who worked for a now former president. federal prosecutors writing, quote, the only thing that has changed is that bannon is finally about to face the consequences of his decision. >> the january 6th committee

also spent eight hours friday interviewing former president trump white house counsel pat cipallone. members say parts of that recorded testimony could be played in today's hearing or the following hearing, which aides to the committee say is expected to be held next week. mona. >> thank you. abc news will bring you live coverage of today's january 6th hearing at 1:00 p.m. eastern. president biden travels to the middle east today with his approval ratings down to 33%. 60% of democrats want the party to nominate a different candidate in 2024. there is a glimmer of hope for biden. the poll found if the election were held today, he'd beat former president trump 44 to 41%. first lady jill biden isac e texas yesterday. first lady jil

biden facing criticism after telling a group of latinos voters they were, quote, as unique as breakfast tacos. >> the diversity of this community, as distinct of the bodegas of the bronx, as beautiful as a blossoms of miami and as unique as the breakfast tacos here in san antonio is your strength. >> the comment came during a prepared speech in san antonio, texas, where the largest latino civil rights group in the country gathered for a conference. now the national association of hispanic journalists is responding in a tweet, encouraging, dr. biden and her speech writing team to take the time in the future to better understand the complexities of our people and communities, the group adding we are not tacos. >> as excellent as an enchilada.

this is so offensive. >> political commentators on cable news quick to react last night. >> gaffes appear to run in the biden family. imagine if republicans said that. it would be probably breathless his stysteria for weeks. >> writing, quote, the regime media meltdown if a conservative called hispanics breakfast tacos like dr. jill biden. and texas senator ted cruz tweeting, quote, i'm what? the white house did not comment overnight. a setback in the fight to protect ancient sequoia trees in yosemite. the fire was 25% contained yesterday until crews reported an explosion of fire activity later in the day. the sequoias remain safe for now. historic drought conditions are the big challenge. fires across the u.s. this year have burned nearly 4 million acres, more than twice the average amount. will carr is in yosemite.

>> reporter: while fire crews are doing everything they can to protect these sequoias, you can hear the helicopters over head. this fire is continuing to burn through dangerously dry fuels.i weeks. >> nearly 550 firefighters are battling the fire and more are on the way. breaking in los angeles overnight, a police chase ended with a child rescued from a stolen car. authorities say the suspect took the vehicle from a gas station with a toddler in the a back seat. the driver surrendered after an hour- long chase. the officer was seen removing the child still in a car seat seemingly unharmed. iran may be joining russia's side in the war against ukraine. the ukra33 people have died aft the bombing of an apartment building. one man was pulled from the

rubble after 30 hours. a funeral huswas held in ja for former prime minister shinzo abe, assassinated friday. the suspect allegedly targeted him for supporting a church with the suspect blamed for his family's financial ruin. doctors are voicing concern about a surge of covid infections of the ba-5 variant. daily hospital admissions are the highest sense february. >> it's more transmissible, but it has a better chance of evading your immune system so that prior infection or prior vaccination may not do as much to prevent you from getting infected. >> then there's this. most at-home covid test results go unreported, making cases harder to track. another concern, 71 million

americans still have not received a single vaccine shot and less than half of eligible americans have received a booster shot. >> a new milestone for the planet. despite a slowdown in growth during the pandemic, the u.n. says the world's population will hit 8 billion people in november and india will overtake china next year as the most populated country on earth. time for a look at your tuesday weather. ♪ south florida got some heavy storms yesterday including lightning strikes caught on camera. more of the same are expected there today. checking the radar, there's also heavy rain along the gulf coast. some areas could see up to a foot over the next few days. storms could also produce flooding in the desert southwest and storms are expected in the northeast. more triple digit heat from dallas to memphis. 90 in both new york and portland today. 112 in phoenix. ♪

coming up, a big change at starbucks. also ahead, the scary situation as a bear tries to escape from inside this house. and later, it's not too late to plan your family vacation. some

back now with a bear cub trapped in this house near lake tahoe, california, bear-ly clinging to a window still as it tried to escape. the homeowner called volunteers to help remove the bear, which was inside the house for hours. eventually the cub found an open door and reunited with mama bare. a scary scene for little league players when gunfire interrupted their game. police are investigating after tis video showed the young players hitting the dirt when

they heard several shots fired near the field. the coach said he felt bullets fly past him and laid on top of a player to shield him from the danger. >> we were, you know, crawling in the dirt, and kids were, you know -- it had rained a lot so kids were face down in inches of water in the dugouts crying and, you know, the kid i'm laying on top of is saying,i'm never playing baseball. ar the bad men coming? are we going to die? >> a vehicle parked in a nearby parking lot was hit by the gunfire. police say there was no evidence anyone at the ballpark was targeted. breaking overnight an explosion on the spacex launchpad in texas. >> if you were on nsf live -- oh, hey. whoa. whoa. whoa. >> the booster rocket was being tested when something went wrong resulting in that fireball. the booster was developed for the company's next generation spacecraft. spacex boss elon musk says the launchpad is now closed, and they hope to know more later

today. today nasa will reveal four images captured by its new space telescope. it comes a day after the world saw for the first time a view from the james webb telescope, the furthest into the universe anyone has ever seen. >> that is the part of the universe that you're seeing, just one little speck of the universe. you're seeing galaxies that are shining around other galaxies whose light has been bent and you're seeing just a small, little portion of the universe. >> nasa says the image released yesterday shows light from nearly 14 billion years. starbucks is closes 16 stores in major cities after workers raised safety concerns and says the employees reported drug use and other incidents. "the wall street journal" reports managers will get leeway to close restrooms.

aor all deceivg customers about what it claims is, quote, 100% tuna products. subway tried to end the lawsuit by arguing any nontuna substance in a sandwich could be due to mayonnaise or other ingredients handled by workers. a judge disagreed. coming up, the new push for birth control pills over the counter. also ahead, another reality tv star in trouble for fraud. the new guilty plea next. (vo) when we started blue buffalo, we made a promise to our boy blue- that we would create the best pet food we possibly could, made with the finest natural ingredients and none of the things you find in many other pet foods. we call it the true blue promise and it's our commitment to feed your pet just like we would feed blue. it's what makes blue buffalo unlike other pet food companies... which have may different brands with different standards. we have one standard—the one inspired by our boy blue, for the wellbeing of your dog or cat. because like you, we love them like family, too. one prilosec otc in the morning

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♪ that is the iconic theme from james bond written by british composer monte norman who died at age 94. the theme caught on and was used for the 007 franchise. the fda is considering approving the country's first over the counter birth control pill. the company insists women can use its pill effectively and safely screen themselves for potential issues. another reality tv star is in trouble for fraud. this real housewives star is pleading guilty after insisting he was innocent. >> i'm innocent. i did not do any of the things that have been alleged against me. >> reporter: this morning reality star jen shaw is facing

prison after admitting that her lavish lifestyle on tv was funded by defrauding people out of millions. >> the only thing i'm guilty of is being amazing. >> reporter: dailymail.com capturing the real housewives of salt lake city star monday after she appeared before a judge confessing she knew what she was doing was illegal telling the court i knew this was wrong and i'm so sorry. federal agents raided the housewives set during taping last year. >> we're looking for jen shaw. >> reporter: shaw and her assistant were arrested off camera and charged with conspiracy to commit wire fraud and money laundering, all linked to a nationwide telemarketing scheme that targeted hundreds of people, many of them over the age of 55. shaw's lawyers saying ms. shaw is a good woman who crossed a line. she accepts full responsibility fr her actions and deeply apologizes to all who have been

harmed. as part of the plea deal, shaw must pay back more than $9 million to her victims and forfeit another 6 million. she's not the first reality tv star to face fraud charges. >> in a year we probably spend $300,000 just on clothing. >> reporter: just last month todd and julie chrisley were convicted of bank fraud and tax evasion. in 2014 teresa and joe giudice were sentenced to prison for fraud. jen shaw will be sentenced in november. she faces up to 14 years in prison. mona, andrew. coming up, the new list of best cities in the world to visit. the one u.s. city near the top. it's not new york. also ahead, why a man is trying to push a peanut up a my a1c stayed here, it needed to be here. ruby's a1c is down with rybelsus®. my a1c wasn't at goal,

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♪eck "the pulse," and we begin with cruise ships becoming the cheapest way to travel. >> even in the era of inflation cruise lines are offering major bargains. we found a three life night cruise to the bahamas from florida for $43 a night . >> we're seeing some really spectacular deals but we're also hearing from the cruise lines and those who sell cruises that 2023 is booking up really strong. so if you are looking for a deal, this is the time to book your deal. >> so why the low prices? experts say cruise lines are hoping to attract more passengers as pandemic occupancy limits are removed. okay, next a new list of the world's best cities to visit. >> it says number one is edinburgh, scotland, that stood out for its scenic

hot spots and forward thinking bars and restaurants. here in the u.s. new york, l.a., miami, boston and san francisco made the list. >> chicago beat them all taking second place for its world class dining, night life and art. next the colorado man with his eye on a record. >> or more accurately his nose. bob salem is making his way up pikes peak. his goal is to finish the trip in three days while pushing a peanut with his nose. he wants to be the first person this century to do it. >> i don't think i'm nuts, no. i think i'm eccentrically challenged. i like the weird and the strange. i love local stuff. >> right on. back in 1963 a man completed the challenge in eight days. next an intruder at a concert an elk wandered in. take a look. ♪ running money ♪ ♪ running money ♪

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>> building a better bay area, moving forward, finding solutions, this is abc 7 news. reggie: now at 5:00, subvariant

surge, the most dominant strain of covid is here and it is spreading fast. what doctors are saying about the symptoms associated with ba. abc -- ba.5. >> how new evidence led to the arrest of a bay area tech executive in a 30-year-old cold case. reggie: saving the sequoias as a fire burns and yosemite, the tough conditions that firefighters are facing. >> good morning it is tuesday, july 12. good morning to sue and drew. drew: we are getting rid of a lot of the heat from yesterday, it is a cooler afternoon and we will find better air quality. live doppler 7 in visibility mode. thick fog, i had to use the windshield wipers coming in here. half moon bay at a mile and a quarter of visibility. elsewhere we are good to go.