>> guillermo: no, it's too hot. >> jimmy: too hot. sorry, kids. thank you for watching and hapay halloween. this is "nightline." >> tonight, hammer attack charges. zip ties, ropes. chilling new details about the assault of house speaker nancy pelosi's husband. the suspect now charged with multiple federal and state crimes, including attempted murder. plus delphi murders. a stunning arrest in the killing of two young girls. >> the eyes of america were on this, because it's every single small town in america. >> the suspect nobody imagined allegedly hiding in plain sight for nearly six years. >> how could he stay under the radar? >> families of the victims fighting for justice. >> how can somebody do that then just go on living life? i don't understand. >> the unanswered questions that remain.

affirmative action. race and higher education front and center at the supreme court. >> defend diversity! affirm opportunity! >> i want to see that the discrimination against asian american college applicants ends. >> could race-based admissions be overturned? >> this would be the death knell of affirmative action. >> the conservative-leaning supreme court again taking on decades-old precedent. aah, it's a good day to cough. oh, no! bye, bye cough. later chest congestion. hello 12 hours of relief. 12 hours!! hmmm, ok. not coughing at yoga? antiquing not coughing? not coughing at the movies?! hashtag still not coughing?! aaah. oww! mucinex dm gives you 12 hours of relief from chest congestion and any type of cough, day or night. it's not cough season.

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now open in northern california. ♪ good evening. thanks for joining us. i'm trevor ault. we begin with the latest on the shocking attack of house speaker nancy pelosi's husband, paul. david depape is in custody for what prosecutors call a politically motivated attack. they allege he wanted to break the speaker's kneecaps and hold her hostage as a message to other members of congress. depape is now facing federal charges of assault on the immediate family member of a federal official and attempted kidnapping of a federal official. and late today in san francisco, authorities announcing additional charges. >> the charges that we are filing today include attempted murder, residential burglary, assault with a deadly weapon, elder abuse, false imprisonment

of an elder, as well as threats to a public official and their family. >> according to the affidavit, depape had zip ties, tape, rope, and at least one hammer with him that morning. the evidence further shows depape assaulted mr. pelosi with pdepape's own hammer. paul pelosi has spoken to investigators. speaker pelosi says her husband continues to make steady progress in a long recovery process. a twist in a shocking crime story that's captivated so many for years. the tragic murder of two indiana teens, libby german, abby williams. police are revealing today the arrest of a 50-year-old suspect who seemed to be hiding in plain sight, working at a local drugstore. here's abc's alex perez. >> reporter: after nearly six years, this morning, a stunning announcement.

>> give me just a second here. since the murders of abby and libby, 2,086 days ago, the daily investigative team has worked tirelessly. i am proud to report an arrest has been made. >> reporter: indiana state police revealing they've arrested a suspect in the double murder investigation of liberty german and abigail williams, two young girls from delphi, indiana, who were tragically found murdered on valentine's day 2017. >> today is not a day to celebrate. but the arrest of richard m. allen of delphi on two counts of murder is sure a major step in leading to the conclusion of this long-term and complex investigation. >> reporter: tonight, a multi-year saga. >> the eyes of america were on this because it's every single small town in america. >> reporter: the anguish the loved ones, feeling one step

closer to justice. >> i never gave up hope. >> reporter: the questions that remain. >> how could he stay under the radar? did he commit this crime? did he go to work? did he go to church? did he have social interactions with people? i have a lot of questions for the police. >> reporter: small town indiana, the heart of hoosier territory, fewer than 3,000 people live here in delphi. but for more than five years, an unsolved mystery. the heinous murder of two of their children after they vanished hiking on this trail. and the person accused of the crime was one of their own all along. >> how can somebody do that and then just go on living life? like nothing happened? i don't understand. probably never will understand that. >> reporter: according to state police, 50-year-old richard allen was taken into custody late last week. he worked at this cvs store in town. cvs saying "we are shocked and saddened to learn one of our

store employees was arrested as a suspect in these crimes. we stand ready to cooperate with the police investigation in any way we can." calls made to allen's family have not been returned. his home less than two miles from the trail where the young girls vanished. allen's neighbor in disbelief. >> never crossed my mind. the only way i knew him was as working in the pharmacy there. >> reporter: allen appeared to be like everyone else. this photo showing him at a local bar where he was a regular. behind him a sketch of the suspect. >> how confident are you that we have the right man behind bars? >> the judge acknowledged and signed off on our probable cause affidavit, and that's the way our system of justice works. the judge agreed we had probable cause, so richard allen was arrested for murder times two. >> reporter: the investigation ongoing since the day the girls' bodies were discovered, involving multiple leads and more than 70,000 tips. crucially, video and audio of a

suspect believed to be involved seen in this short, chilling clip released by police, recorded on liberty german's phone. >> girls? down the hill. >> the thought process of these young girls to take a video, even to capture some aid i don't audio of who could have been the actual person who killed them. it's so rare to get these amazing pieces of evidence. >> reporter: it's not clear if richard allen is the man seen or heard in the video. he pleaded not guilty at an initial hearing and is being held without bond. the arrest marks a crucial nexus point for superintendent doug carter, head of the indiana state police. >> my resolve to catch him is as strong as it was day one. >> reporter: in an interview with "nightline" this past february, carter had this piercing message to the suspected killer. >> we know about you. we know. a lot about you.

>> that's very declarative. >> we know a lot. >> should he be afraid? >> should he be afraid? 100%, yes. today could be the day. >> reporter: today, that day has come. what do you say to people who live here who now are coping with this idea that this possible killer may have been among them for this time? >> yeah, that's the shock to a lot of different people. but again, i hope they felt what i felt, pulling into the parking lot today. i hope they don't feel to feel like they have to keep looking around and wondering anymore. >> reporter: liberty's grandparents wearing their hearts on their hoodies. >> today is the day. your shirt says it, her shirt says it. >> we've fought every day -- there's not a day goes by that we don't talk about it some way, shape or form. >> it hurts. we're real people. some people forget that. it's real people living a real nightmare.

>> reporter: libby's family telling us her aunt knew allen from the cvs and he didn't charge her when she came in to print photos for libby's funeral. >> any of you or all of you still talk to libby about everything that's going on? just kind of, you know -- i know with loved ones, i do the same sometimes. i still talk to them. >> yesterday, i made it a point to go out to her grave and make sure she had a new sweet tea from mcdonald's to be prepared for today. so i just sat out there with her. it just was a little bit more peace, sitting out there, knowing that she knew too. >> reporter: earlier this year, "nightline" spent time with libby and abby's families as the fifth anniversary of their deaths approached. abby's mom, anna, recounting the girls' bond. >> they were good friends. they had the same interests in music and arts. had played volleyball together. she loved helping other people. being around, assisting her

nieces playing games, drawing, art, being creative. >> reporter: from the beginning, the case had been mired in mystery. but for some, small clues. a drawing of the suspect. and this image captured on libby's phone. >> this young lady's a hero, there's no doubt. to have enough presence of mind to activate the video system on her cell phone. >> reporter: two years later, a new, different drawing. and this video and audio of the suspect from libby's phone. >> guys? down the hill. >> reporter: but the trail goes cold for more than five years. >> god has provided us with justice for abby and libby. >> reporter: today's announcement providing the community a little closure, but still, no information has been released by authorities on how the girls died or the motive of their killer. >> it is a tightrope that you walk as a homicide investigator about what you want to release or not want to release.

it's just their approach to this case, and i think that's going to play out until we get, ultimately, to a court hearing where the prosecution has to put on probable cause. >> reporter: the families? only looking forward. >> the end of one chapter and the starting of another. and we won't stop until the book is over. >> good prevails. evil never wins. i hope that the community sleeps better tonight. >> our thanks to alex. up next, could affirmative action be overturned? the battle brewing at supreme court that could determine the future of race-based college admissions. u know, insomnia. but then, i found quviviq, an fda approved medication for adults with insomnia. and i'm glad i found it. you wouldn't believe some of the things people suggested to help me sleep. nature sounds? ahh, no thanks.

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♪ the majority conservative supreme court is poised once again to overturn decades of precedent. the issue at hand this time, race and college admissions. the debate could have longstanding implications on affirmative action with ramifications far beyond colleges and universities. here's abc's devin dwyer. >> we are going to continue to defend diversity! >> reporter: today an emotional debate over race and higher education. >> i want to see the discrimination against asian american college applicants end. >> reporter: as the supreme court conservative majority took aim at 40 years of legal precedent. two cases against harvard and the university of north carolina alleging discrimination against asian american applicants. asking the justices to declare an end to affirmative action and ban the use of race in college

admissions nationwide. >> these students and parents say that the use of race has intentionally discriminated against asian american students and is both a plus factor for some students about ought minus factor for others. >> higher education has come before this court again and again over the decades. but only now is there a conservative super majority that is energized and has shown that it is ready and willing to overturn precedents that are decades old, settled law. >> we trust women! we won't go back! >> reporter: this case comes just months after the court dismantled another landmark precedent, overturning roe v. wade. since 1978, the court has repeatedly said that colleges and universities can use race as one factor among many in deciding which students to accept. >> any indications? >> i'm hopeful, thank you. >> reporter: edward blum, president of the conservative group students for fair admissions, has challenged that

precedent as flatly wrong. >> these two cases are about the restoration of the founding principles of our civil rights movement. >> reporter: blum insists skin color says little about who a person is. >> a student's race or ethnicity is something they were born with. it is not something they accomplished. your academic achievements, your extracurricular activities, what you're interested in, not interested in, those are important. your skin color doesn't tell us anything about you as an individual. >> if you're black, you're more likely to be in an underresourced school. you're more likely to be taught by teachers who are not as qualified as others. >> reporter: today during oral arguments, the liberal justices pushed back hard. justice ketanji brown jackson, the first black woman to serve on the court, suggested the misconstrued. ies were being - >> you keep saying we object to

the use of race standing alone. but as i read the record and understand their process, it's never standing alone. that it's in the context of all of the other factors. there are 40 factors about all sorts of things that the admissions office is looking at. >> reporter: conservative justices pressed the schools to say when their diversity targets will be achieved. >> what is your goal, and how will a court ever be able to determine whether your goal has been reached? >> and i gather justice alito is saying, when does it end? when is your sunset? when will you know? >> reporter: a gallup poll showed 62% of people supported affirmative action for minorities. but depending how the question is asked, the answer changes. when the pew research center this spring asked if race should factor into college admissions, 74% of americans said no. >> when we have groups missing, we know we're missing some of our best and brightest. >> reporter: harvard, unc,

universities like fordham in the bronx, say race alternatives don't produce the same results. >> what happens atted for happen if the supreme court says it's unconstitutional for any school, public or private, to consider race in admissions? >> suddenly all those kids who have overcome those incredible obstacles, we have to legally ignore that fact. fewer students of color coming to a school like fordham? >> it probably does, yes. >> reporter: for some harvard students at the center of the debate, the benefits of affirmative action are clear. >> i support affirmative action because i see it as a part of my heritage. i am chinese american. and the most important thing about my culture to me is the collectivism. it's trying to put the greater good above your own individual benefits at all times. >> we have to remember that we're not admitting test scores, we're not admitting gpas. we're admitting full human being with a whole experience and a whole life. >> i couldn't imagine getting

into harvard without my race being an essential part of my essays and my activities. i refuse the narrative that affirmative action discriminates against asian americans because that's completely untrue. >> reporter: the issue is complicated. >> i'm not interested in going to college. >> reporter: german and ariel grew up in queens. the first in their family to go to college. sons of a single mom and mexican immigrant. >> it's sad that i got a full ride because i'm hispanic, because they needed to get -- >> sad? >> yeah, they needed to give that scholarship to hispanics. >> it's good for you. >> it's good for me, but you know, it says a lot. >> i think there's questions surrounding it, whether it's a genuine intention or whether it's just, we've got to meet quotas. >> reporter: the brothers say a race-blind admissions process might not be all bad. >> remove race as an option, do not factor it in, i can guarantee you a lot of people like me would be making it into these schools, into whatever school it is. >> reporter: the court will likely hand down its decision

next spring, a potentially landmark ruling with ripple effects far beyond college admissions. >> if the supreme court ends affirmative action in higher education, they can use the same reasoning to end it in hiring and all aspects of american business. this really would be the death knell of affirmative action if the supreme court starts with higher education. >> our thanks to devin. coming up, halloween in the capital. trick-or-treaters visiting the white house.

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♪ finally, the sights and sounds of halloween at the white house. pesident joe biden and first lady dr. jill biden welcomed some special guests. first family greeted the children of first responders. they were decked out in costumes that included buzz lightyear, the sanderson sisters, elmo, and even spider-man. which a kid dressed as a priest walked up, the president did the sign of the crot and said -- >> bless me, father, how are you? >> the ghosts and goblins

skipped the event. that's "nightline." you can watch all our full episodes on hulu. see you back here at the same time tomorrow. thanks for staying up with us. good night, america. (vo) it's a fact! two out of three americans who qualify for medicare do not receive all the benefits they deserve. you could be missing out! now anthem blue cross introduces a free medicare plan checkup to make sure you receive all the benefits you qualify for in 2023. call 1-866-336-3448 today and receive extra benefits for a zero dollar monthly premium.