right now on "america this morning" -- a development in the fbi seizure of documents from former president trump's florida home. the fbi returning trump's passports as the justice department fights to keep some details of the search sealed, saying it could jeopardize a criminal investigation. plus, new reaction from rudy giuliani after prosecutors said he's the target of georgia's investigation into the 2020 election. high stakes elections. voters heading to the polls in hours in wyoming, congresswoman liz cheney faces an uphill battle against her trump-backed opponent. what's next for cheney after today, win or lose, and the other races to watch. cold case cracked? an arrest made 30 years after a double murder shook a small

wisconsin town, how dna and a traffic stop led authorities to their suspect. plus, high school heroes, a football team rushes to save a woman trapped in a car after witnessing a crash. the food staples including ketchup that could soon see a supply shortage. and a construction crew comes across a 12,000-year-old animal skeleton, so what was it? it's tuesday, august 16th. good tuesday morning, everyone, i'm mona kosar abdi. >> and i'm rhiannon ally, andrew is off this morning. we want to begin with new fallout from the fbi search at former president trump's florida residence. overnight, the justice deparment announced trump's passports have been returned to him. the passports were among several documents seized by federal investigators at mar-a-lago. along with boxes of classified material.

>> now the justice department is opposing the release of details in an affidavit which would lay out the reasons for the search. the department is citing harm to a, quote, an ongoing criminal investigation. abc's justin finch is live in washington with the very latest. justin, good morning. >> reporter: mona, good morning. the justice department opposing those calls to unseal the affidavit supporting its search of former president trump's mar-a-lago home. the department here holding off because it's called a grand jury and witnesses focus on the probe. focused on the mishandling of those federal documents. in federal court filing justice department prosecutors are fighting for the seal to remain on the affidavit used in the fbi search of former president trump's florida estate. the department revealing it's aiming to protect witnesses in what it's calling an ongoing investigation that implicates national security and indicating a grand jury is involved. >> they certainly don't want to

put former president trump or anyone close to him on what notice of what they're looking for. >> reporter: the former president also posting on social media that fbi agents also took his passports in their search. the agency telling abc it's returned those passports. the spotlight turns to whether or not national security secrets were compromised. the investigation will likely involve trump officials and could include fingerprint analysis. >> trying to figure out who knew what when or had access to what when from a chain of custody perspective. >> reporter: investigators are going through security footage of at least one camera viewing a hallway outside of a trump storage facility. abc news has learned that a trump attorney signed a statement in june following a fbi earlier visit, saying that all classified documents at mar-a-lago were turned over, but that wasn't true.

months later, that fbi search would remove 11 sets of classified documents. some marked top secrets and other "sci," which could include nuclear secrets and terrorism operations information. trump's team said that he had a standing order to declassify documents once they were removed from the oval office and taken to the residence. >> i think that claim is almost certainly a lie. it would have to be documented what they were. >> reporter: republican and democrat senate intelligence leaders are asking for secure access to view the seized documents along with an assessment of potential risk to national security, as a result of their mishandling. mona. >> justin, thank you. and there's new reporting on the lengths former president trump's attorneys allegedly went to overturn his 2020 election defeat. "the washington post" said trump lawyers including sidney powell directed a forensic data firm to access data in at least three

battleground states, nevada, michigan and georgia. improper voting equipment breaches are being investigated in two of those states. powell hasn't responded to requests for comments. rudy giuliani is responding to his status as a target in georgia's criminal investigation in the 2020 election. the state is looking into possible illegal attempts to overturn the results. in december 2020, giuliani appeared before a legislative committee in georgia and spread false claims of fraud in atlanta's fulton county. now he claims his statements should be covered under attorney-clint privilege. >> giuliani is now set to testify before a special grand jury, though he's expected to claim attorney-client privilege when this happens on wednesday if he's asked about donald trump. >> our cecilia vega, thank you. while defending himself yesterday, he also claimed that atlanta, quote, is a city known well for its corruption. senator lindsey graham said he'll appeal a federal judge's order to testify before a grand jury. graham argued that he was acting

within his official responsibilities as senator when he called georgia officials about the election. now to the major election in wyoming today. unless every poll is wrong congresswoman liz cheney will be ousted in the state's republican primary. she's been an underdog in the race since she voted to impeach former president trump. today, former president trump is expected to achieve his biggest political victory since losing the white house. >> liz, you're fired, get out of here. get out of here. >> reporter: wyoming congresswoman liz cheney, who voted in line with trump roughly 93% of time, now faces a likely defeat in the state's republican primary. cheney was just one of ten republicans in the house to vote for the former president's impeachment. and she's now vice chair of the january 6th committee. >> donald trump's plan to falsely claim victory in 2020 no matter what the facts actually were was premeditated. >> reporter: on the eve of the election many republicans in

wyoming branded her a traitor. >> there was a time that i told her that i would vote for her for president, i rescind that with vengeance. >> i can tell you this, if i were her i would think my legacy is over. >> reporter: some democrats in wyoming have switched their party registration to vote for cheney. a last-ditch effort to keep her in office, but it's unlikely to be enough to overcome her opponent harriet hageman. who most polls have winning by more than a 20-point margin. >> the reality is, is if and when i win tomorrow wyoming will finally have a representative that's from wyoming, understands wyoming, has been fighting for wyoming and will continue to fight for wyoming and our industries. >> reporter: in june, cheney telling abc's jonathan karl this about the prospect of losing her primary. >> i think that the single most important thing is protecting the nation from donald trump and i think that

that matters to us as americans more than anything else. >> now, if she loses, she'll serve out her term until january. meanwhile, another trump critic senator lisa murkowski is expected to survive her primary in alaska due to ranked vote income that state. this morning, salman rushdie's novel the satanic verses is topping amazon's best selling list. as iran denies any involvement in the attack on the famed author. rushdie has faced years of threat for his novel which some iranians found blasphemous. la wk, he abbed ar a doz cture in new york. authorities say the 24-year-oldn photos on his phone of an iranian general who was killed in a u.s. drone strike. rushdie is off a ventilator but and communicating.

but may lose an eye. a first of a kind variant-specific covid vaccine has been approved in england, the booster made by moderna targets both the original variant and omicron. researchers said the vaccine also performed well against the both ba.4 and ba.5 variants. a similar booster is set to be authorized in the u.s. as early as next month. all right, time now for a look at your tuesday weather. the governor of west virginia declared a state of emergency in two counties after dangerous flash flooding. the flooding led to dozens of water rescues and wiped out at least two bridges. more than one hundred homes were damaged, roads washed out and trees uprooted. two massive funnel clouds were spotted in north dakota. tornadoes also hit the same area. but so far no major damage has been reported. checking today's high temperatures, triple digits in dallas and phoenix, 70s and 80s in the northeast and 88 in california.

coming up, why a ketchup shortage could be looming. also ahead, an arrest made in a decades-old double murder. how investigators got the suspect's dna during a traffic stop. and a woman struck by lightning speaks exclusively to abc news. what she says about being the sole survivor of the incident.

back with the school bus crash in southwest ohio. 32 children were onboard when it slammed into a home near the indiana border. none of them were seriously hurt. the driver was taken to the hospital. it is believed he may have suffered a medical condition. the brother of a former nfl player is in police custody following the fatal shooting of a coach at a youth football

game. yagub talib turned himself in. he is being held in a dallas county jail. authorities say coaches from opposing teams got into a fight saturday night. talib is the brother of former nfl quarterback aqib talib. now to a cold case arrest in wisconsin. police say the man confessed to a 1992 double murder after dna during a traffic stop connected him to the crime. >> reporter: this morning, a wisconsin man is expected back in court after a recent traffic stop tied him to a decades old double murder. tony hayes said nothing during his initial appearance as family members of his alleged victims watched from the gallery. >> i don't know him personally. i know his family. and i feel bad for them, but i didn't do it. he did it. >> reporter: in 1992, timothy

mumbrue and tanna togstad were found stabbed to death in her home. the murders went unsolved for decades, and at one point, hayes was identified in the investigation. then a dna sample was taken from a pen hayes used during a traffic stop last month, and authorities say that sample matched the fluids on togstad's body. >> happy, anger, frustration. upset. but mostly happy. i'm just thankful that we finally have a person in custody, and it has been a long time coming for our family. so our family is really happy. >> reporter: according to investigators, hayes told them his father was friends with togstad's father and they were racing snowmobiles in 1977 when an accident occurred and hayes' father was killed. after initially denying he was involved, hayes confessed, telling investigators he was thinking about his father's death while drinking and decided

to go to togstad's house where he got into a fight before stabbing him before killing togstad. he is charged with two charges of homicide. he has not yet entered a plea. a cash bond has been set at $2 million. and coming up, the dramatic pictures after an rv slammed into a doughnut shop. and a 10-year-old boy is and a 10-year-old boy is attacked by a shark in the so, you're 45. that's the perfect age to see some old friends, explore new worlds, and to start screening for colon cancer. yep. with colon cancer rising in adults under 50, the american cancer society recommends starting to screen earlier, at age 45. i'm cologuard, a noninvasive way to screen at home, on your schedule. and i find 92% of colon cancers. i'm for people 45+ at average risk for colon cancer, not high risk. false positive and negative results may occur. ask your provider if cologuard is right for you. ready to shine from the inside out?

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back now with the motor home slamming into a doughnut shop. the rv driver and the man the in the store were hurt. the person in the shot was thrown across the room. fortunately both are expected to recover. we are hearing from the sole survivor of a lightning strike that killed three people in washington, d.c. the victims were in lafayette square across from the white house when it happen earlier this month. as the storm rolled in, a.m. be amber and three others huddled under the tree. amber the sole survivor spoke exclusively to abc news. >> i don't feel good about being the only survivor. that's for sure. i'm grateful but i don't feel good about being the only one. >> later on good morning merck, she describes how her shoes possibly safety her life. people in the southeast are on alert after another deadly

alligator attack. >> reporter: this morning, concerns about what is in the water in south carolina, a shocking and deadly alligator attack is under investigation inside the gated community in hilton head. >> at lot of us have seen many alligators and maybe have become complacent. >> reporter: an 88-year-old woman was gardening near the pond and slipped into the water. >> when we responded, that's what we observed. the alligator was basically holding her hostage. >> reporter: the nearly ten-foot gator was captured and euthanized. it is the fourth deadly alligator attack in e u. in soun florida. florida's fish and wildlife conservation commissions says alligator attacks are relatively rare. but shark attacks have been on the rise. one attack, a boy snorkeling in the florida keys on saturday.

>> he's been a great older cousin to me and i feel really sad that he got bit by a shark. >> reporter: 10-year-old james son survived. his family flagging down a good samaritan boat which happened to have a nurse on board. >> frantically asking for me to pray. he said his son was bitten by a shark and took his leg. >> reporter: james son was air lifted to a hospital where doctors had to amputate one of his legs below the knee. friends say his faith in god carried him through. shark attacks are also rare but there have been four shark bites since april in that part of florida. experts believe most attacks are of mistaken identity which explains why nearly all shark attacks in florida waters are what they call bite and release. >> our thoughts with that little boy and we hope he's okay. coming up, the amazing discovery by a construction crew. also ahead, the high school football players who jumped into

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some georgia high school football players came one a potential life-saving team. five teens saw a car smoking after it crashed near their building. they noticed a woman inside and realized she needed help. they jumped into action. >> once i seen the car smoking, i was thinking as if the car was going to blow up. so i was going to get the lady out quick. we're blessed, she's blessed and we are surrounded by good people in our football team. >> the coach says the school is

proud of them. the woman is expected to be okay after suffering cuts and bruises. >> drought conditions affect your pasta and your chips might not be either. tomato crop aren't as abundant. one quarter of the world's tomatoes are grown in that state. the price of spaghetti sauce and yes, ketchup, are all going up. some are warning of a possible shortage. next, a construction crew makes this discovery. >> they found this mastedon. they are searching for additional pieces of the skeleton. crews have filled more than 100 bags of bones. a pair of leaping dolphins escorting a cargo ship as it sailed up the river. it is more commony known as bow riding. the dolphins gain speed using

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america's value destination. >> building a better bay area, moving forward, finding solutions, this is abc 7 news. reggie: now at 5:00 the justice

department pushing back, calls for officials to release more information about the fbi search of former president trump's home. agents took his passports. kumasi: more cases of legionnaires' disease, how and where a southern california couple got it while visiting the bay area. >> the policeman knock on my door and say that your backyard is on fire so you need to get out of your house. reggie: flames coming dangerously close to east bay homes. the quick response from firefighters to stop it from burning structures. kumasi: sweltering summer heat, this is a live look outside where some parts of the bay area will see dangerously high temperatures. in morning, it is tuesday, august 16. reggie: let us start with the hot weather. drew: a heat advisory will begin at 11:00 a.m. because of dangerously hot temperatures. right now it is not too bad. pretty mild but that he does a

couple of hours aw