right now on "america this morning." courtroom showdown. the battle between former president trump and the justice department set to play out today in florida. what the trump team is now saying about those highly classified documents found at mar-a-lago. power grid emergency as the west coast faces record smashing heat. electric car owners are asked not to charge their vehicles in peak hours. and now, a wildfire erupting, shutting down a major highway. the new evacuations. serena strikes again. >> there is a little left in me. . >> the comeback queen serve up a major set. ousting the second best player in the world at the u.s. open. tiger woods on edge during the match. what serena said after the big

win. tragedy at the airport. what we're learning about a mishap that left a baggage handler dead. a $10 million mistake? what one woman did when she realized all that money was wrongly deposited in her account. and this dog needed more than a doggie paddle. the scare for the swimming pooch and how she escaped. from abc news in new york. this is "america this morning." good thursday morning, everyone. we begin with the showdown in court today between former president trump and the justice department. >> at issue is whether a so call special master should be appointed to review documents seized at trump's home in florida. it come one day after the justice department released this photo of highly classified documents found at mar-a-lago. >> some legal analysts call trump's request for a special master a delay tactic. but trump's team responded, laying out their position. justin finch has the new details

this morning. what can you tell us? >> good morning. all eyes today on a florida federal judge, eileen cannon. a trump appointee. now set to decide whether or not a special master will carry out a third party review of the trump's mar-a-lago resort and o- residence. the judge has indicated preliminary support for granting that request. in dueling court filings, a likely preview. in the late wednesday filing, former president trump's legal team argues, if left unchecked, the department of justice will impugn, leak and publicize selective aspects of their investigation with no recourse for trump. but made no mention of trump's claim that he declassified those records. hours earlier, the doj's response called that special master request unnecessary. arguing in its 36-page court filing that they already carefully reviewed those documents. the doj also including a

bombshell assessment, saying tat efforts were likely taken to obstruct the government's investigation. certainly the potential charges. we don't know if they'll file. the fundamental question will be, was the primary goal to get these documents back into a secure location? or was it to get these documents back into a secure location and potentially build a case? >> in all, the doj has recovered some 322 classified documents. 184 were handed over to the national archives in january. then in june, trump turned in another 38. trump's attorneys had provided a signed affidavit saying that all the material in question had been turned over. but when the fbi searched mar-a-lago in early august, they found over 100 classified records, including information classified at the highest level. doj also including a photo of some labeled in red with secret, top secret and sci.

sensitive compartmental information. vice president% of americans think trump acted inappropriately in the way he handled classified documents, and 50% of americans believe he should face criminal charges. and the justice department has argued a special master review could disrupt ongoing investigations into potential national security risks, steaming from the alleged mishandling of the classified records, saying we will see what happens later today. andrew? back to you. >> all right. thank you. former alaska governor sarah palin has lost her bid for a political comeback. at least for now. she was defeated by a democrat in the special election for alaska's only house seat. the winner will serve until november when pale will run again, hoping to win a full term. also new overnight, dozens of migrants from the southern border in chicago on a bus. until now, abbott has bused migrants mostly to d.c. and new york saying facilities in texas

are overwhelmed and blaming president biden's order policies. chicago's mayor said they will welcome the 60 migrants with almost. california is facing a major power crunch amid one of the worst heat waves in state history. now the record heat is complicating efforts to fight a new set of wildfires. >> reporter: overnight, residents north of los angeles facing mandatory evacuations and major traffic jams as a wildfire quickly spread along the 5 freeway. >> a huge plume of smoke and the 5 freeway, again, worth reiterating, completely shut down. >> reporter: at least eight firefighters suffer heat-related injuries fighting the flames. an extreme late summer heat wave, fueling the fire. burbank hitting 112 degrees. 106 in anaheim. the hottest august temperatures ever recorded in those cities. and now the extreme heat is expanding. the national weather center service is warning people in

northern california that daily, monthly and even all-time temperature records could be broken during this labor day weekend. california's power grid operators have issued a statewide flex alert today, calling for volunteer conservation of power during peak hours. >> we encourage you, before you leave home. if you can turn those thermostats up to 85 degrees. >> reporter: officials asking electric car owners not to charge their vehicles during peak hours. the requests coming just one week after california lawmaker voted in favor of banning the sale of gas powered cars by 2035. the governor yesterday defended that move saying the state has little choice but to act on the climate crisis. he also addressed his critics in texas where the governor has called the banning of gas cars ridiculous. >> in the state of texas year to date, they have consumed some 22.9 million tons of coal,

polluting the planet, making conditions worse. 22.9 million tons versus california's 18,000. >> we'll take a closer look at today's weather forecast in a few moments. hundreds of national guard troops will be in mississippi and handing out bottled water to the people of jackson, suffering without clean water. so far there is no timetable for when the long neglected water treatment plant will be up and running again. the governor says a rental pump could be functional later today, which is only one step toward alleviating the problem. a new report out today finds a significant increase in sexual assaults reported in the u.s. military. the associated press reports assaults jumped by 13% last year. although covid restrictions during the previous year may have been a factor. now to serena william serving up a major upset. once again, inspiring her fans during her tournament. the number one tennis player in the world advancing to the third round of the u.s. open proving

once again when it come to serena, anything is possible. a wild night for serena william as she shocked the tennis world, surviving the second round of the u.s. open and steppeding her farewell tour. >> i'm loving this crowd. [ cheers and applause ] so the is a we'll see. >> despite entering the tournament ranked 605th, serena outlasting the number two ranked player, the pair going head to head. and shot for shot. >> just keeping serena on the defensive. during three stressful sets, serena serving up a decisive defeat in the first set. but losing momentum after multiple unforced errors in the

second. >> celebrities in sports stars cramming in arthur ashe stadium to cheer her on. tiger woods among the fans, fully invested in the stressful set. zblr tiger. so happy to be seeing this. >> it was the nail biter finish that had the fans o ue fisng off th your level?uel >> no, i know. i'm just serena, so i'm a pretty good player. you know, this is what do i best. i love a challenge. i love rising to the challenge. >> serena moves on to the third round friday when she'll face an australian player, ranked 46th. first, serena will take the

court tonight with her sister venus in the doubles tournament. it is time now for a looking at your weather on this 1st of september. one year ago today, the northeast was bracing for the remnants of hurricane ida which caused widespread damage. but this year marks only the seventh time in recorded history that there have been no named storm before september 1st. on the radar right now, rain across parts of texas and some storms in upstate new york overnight. checking today's high temperatures. a scorcher in the west, triple digits in salt lake city, hot across the plains and great lakes. 91 in miami. comin , the grass hopper crisis plaguing farmers.> also, the louisiana nun kidnapped in africa nearly five months ago. she's been found alive. and more free meal and hotel

rooms. the new promise from the airline out of labor day

grass hop,are overrunning parts of montana and north dakota. the insects are covering their fields. they're spraying several time a day to protect crop. they say it is the worst infestation in recent memory. there weren't enough cold days to drive down the numbers. a missionary killed thought to be killed five months ago in north africa was found alive. they say they grabbed her, taking off without her medication. amazingly, church officials say the 83-year-old was just released and appears to be in good health. so far, no word on why she was suddenly freed.

new covid booster shots could be rolled out this weekend once the cdc gives the green light. the fda just updated the shots which targeted the most common omicron variant. they're made by both pfizer and mealho thete will last through winter. meanwhile, in china, another lockdown. it is raising concerns about more global supply chain issues. this is a really tragic story. a baggage handler is dead after an accident at the new orleans airport. 26-year-old germani thompson's hair got tangled while she was loading a in it. tan autopsy will determine the exact cause of death. and updating policies to help deal with delays and cancellations. airlines will provide free meal after delays of three hours or more and hotel room will be available for stranded passengers if the issue falls under the airline's control. it comes after transportation

secretary pete buttigieg demanded changes. >> these changes aren't really ground breaking. if you look to europe, they've got really strong laws and customer protections which could give you hundreds or even thousands of dollars if your flight is delayed or canceled. that's not what is happening here. >> to that point, most airline already offered meals and lodging but the policies were not detailed in writing. >> big changes at bed, bath and beyond and sam's club. until first the questions surrounding the fatal police shooting of a man in his own bed in the middle of t as someone living with type 2 diabetes, i want to keep it real and talk about some risks. with type 2 diabetes you have up to 4 times greater risk of stroke, heart attack, or death. even at your a1c goal, you're still at risk ...which if ignored could bring you here... ...may put you in one of those... ...or even worse. too much? that's the point. get real about your risks and do something about it. talk to your health care provider about ways to lower your risk of stroke, heart attack, or death.

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were nausea, indigestion/stomach pain. treat & prevent - all in one. cybill video. take a look. she ran into a bunch of manateas. at least eight of them were in the water. the dog was shaken up. but she was back in the water the next day. we turn to the disturbing video from ohio. a man shot by police in the middle of the night in his own bed. here's abc. >> reporter: police in columbus, ohio, have released the body cam video of the moment in man stormed into an unarmed man's bedroom and shot him. at 3:00 al, officer were serving a search warrant for donavan lewis on domestic violence, assault and weapons charges. they say after knocking nearly ten minutes outside, they entered the apartment.

arrested two people and then continued to look for luis. they pushed open a door where he sat up on the bed and was almost immediately shot. we have frozen the video just before the shooting when police say he appeared to raise his hand toward officers with something in it. next to the bed, police say they later found a vape pen. luis was placed in hand cuffs and later died at the hospital. the police chief recognizing the dangerous split second decisions officers must make -- >> it is my job to hole my officers accountable but offer to them support and make sure that i give that to them through the process. >> reporter: but luis's family calls his killing senseless, saying three white officers accompanied by an aggressive canine dog shot an unarmed 20-year-old in cold blood as he sat up in his bed and compliance with police commands. the successive and completely unnecessary force has become all too common in columbus. this is the third police shooting in just over a week.

the mayor is promising transparency. >> we have all the accountability, transparency that we worked so hard to put in place. this community, we need to let that process play out. >> the officer who fired the fatal shot is a 30-year veteran of the force and is now on paid leave. the ohio bureau of criminal investigation is investigating this case. andrew? rhiannon? thank you. a pastor arrested by police in alabama while watering his neighbor's flowers is now planning legal action. the reverend michael jennings was confronted in the town of childersburg. they asked for his i.d. and he refusd to provide it. sd he was neighbor's plants while he was away. police charged him with are coming to bed, bath and

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building a better bay area, moving forward, finding

solutions. this is abc7news. >> error heat wave just beginning with some of the most dangerous temperatures on the way. >> courtroom showdown. lawyers for trump and the justice department preparing for a high-stakes hearing. americans weighing in on the pole. >> pilots pickett. why you may encounter off-duty pilots protesting at the airport today. >> good morning everyone, it is thursday, september 1. let's get a check of the forecast through drew: since reggie is off, your rent is due. i feel like it is necessary to tell people that. >> it is, but i don't like to be the one. welcome to september. it is heating up today, finding some pretty hot temperatures inland this morning.