>> david: tonight, several developing stories as we come on the air. we're tracking two major storms just days before thanksgiving. also, two passengers planes one clipping the other in boston. more 50 cars stolen for the dallas airport. the major news tonight, jack

smith dropping the federal cases against donald trump. including january 6th. a federal judge tonight approving smith's case, dismissing the election interference case against president-elect donald trump involving january 6th. the classified documents case going away, too. tonight, what jack smith still says about the merits of these cases. also tonight, the thanksgiving rush expected to set records this year. tonight, that passenger jet clipping another jet at boston's logan and the warning now for travelers leaving their vehicles at the airport. more than 50 vehicles stolen from one airport alone. we're tracking those two storms just before thanksgiving. first, the midwest to the great lakes. and the coast-to-coast storms from the west all the way to the northeast, expected to bring rain and snow on thanksgiving, so what does this mean for the thanksgiving day parade? ginger zee has the all-important holiday forecast. tonight, lyle and erik menendez making their first court appearance together in more than 30 years. after murdering their parents. tonight their parents' siblings

pleading for their release. and what happens now. the deadly crash. dhl cargo plane fireball. back here in the u.s., trouble at macy's. an employee accused of intentionally hiding up to $150 million in delivery expenses. tonight with millions of americans preparing to cook thanksgiving dinner. the questions on those food scares. news tonight on those carrots and ground beef. the tour boat sinking. and tonight americans are believed to be among those onboard. we also remember a bestselling author, she wrote 40 novels. every one of them a best seller. also, a famous game show host has died. plus, robin roberts with elton john, what he revealed about his health. will he ever record again?

good evening. it's great to have you with us here on a monday night. we'll get to those two thanksgiving storms we're tracking. we do begin tonight with the breaking news from the justice department, special counsel jack smith moving to drop both of the federal criminal cases he was prosecuting against president-elect donald trump including the january 6th case. jack smith making it clear, quote, the government's position on the merits of the defendant's prosecution has not changed. but the circumstances has. citing the election. a sitting president can't be prosecuted. hours after smith's request a federal judge agreed, officially dismissing the election interference case. the other case involving sensitive documents taken to mar-a-lago. that case now going away, too. the strategy for the trump team in large part was to delay these cases and that strategy has worked with trump now the president-elect and jack smith acknowledging you can't prosecute a sitting president. tonight, reaction from president-elect trump and abc's chief washington correspondent jonathan karl leading us off.

>> reporter: tonight, the most far-reaching criminal cases ever brought against a former or future president are over. special counsel jack smith abandoning his prosecution of donald trump for his actions on and before january 6th to overturn the 2020 presidential election and also for bringing classified documents home with him from the white house. "the government's position on the merits of the defendant's prosecution has not changed," smith told the judge today, "but the circumstances have." the sprawling investigations lasted two years and cost nearly $35 million. in the january 6 case, the indictments against trump included lleged conspiracy to the united states and conspiracy against the right to vote and to have one's vote counted. prosecutors focused on trump's words to his supporters on that fateful day --

>> we're going to walk down to the capitol because you'll never take back our country with weakness. you have to show strength. >> reporter: and documented the violence that went down, including trump's alleged indifference to the threats against vice president mike pence. >> hang mike pence! hang mike pence! >> reporter: in the classified documents case, smith indicted trump on 40 felony counts, charging him with allegedly possessing some of the nation's most sensitive secrets, and obstructing justice by refusing to comply with a subpoena to return them. the fbi seized boxes of highly classified documents at mar-a-lago, including some stored in an ornate bathroom and others on the stage of the club's ballroom. smith's message throughout -- even a former president is not above the law. >> we have one set of laws in this country and they apply to everyone. >> reporter: but trump's legal strategy ultimately worked. his lawyers seeking over and over again to delay the proceedings. now smith acknowledging time has run out. justice department policy prohibits him from prosecuting a sitting president.

"as a result," smith told the judge, "this prosecution must be dismissed before the defendant is inaugurated." smith made it clear he still believes in his case, saying today's decision, "does not turn on the gravity of the crimes charged, the strength of the government's proof, or the merits of the prosecution, which the government stands fully behind." trump has always denied the charges and attacked the prosecutor. >> so this ridiculous indictment against us, it's not a legal case. it's an act of desperation. >> reporter: "these cases, like all of the other cases i have been forced to go through, are empty and lawless, and should never have been brought." tonight, the judge granted jack smith's request to dismiss the january 6th case, but she did so without prejudice, which means theoretically the case could be brought back after donald trump is no longer president, but david, that's highly unlikely to happen. >> it seems so. jon karl leading us off tonight.

jon, thank you. >> we're going to turn now to other news monday night, with thanksgiving just about here, we're tracking those storms tonight threatening holiday travel. a record 80 million americans are expected to get away. a shortage of air traffic controllers is now threatening delays. tonight, the trouble in boston after an american airlines passenger jet clipped the wing of a frontier jet. and now a warning about passengers leaving their vehicles. more than 50 vehicles have been stolen from the dallas airport alone. ginger is tracking those two storms, first the midwest and great lakes, then the coast to coast from the west all the way to the northeast, rain, snow, and the question -- what will it mean for the new york city parade? but first, gio benitez at laguardia. with the travel challenges already. >> reporter: tonight, as we start off what could be the busiest thanksgiving travel period ever, passengers delayed at busy boston logan airport after two planes clip wings. an american airlines flight arriving from london clipping a frontier flight parked at the gate. >> it sounded like something fell from below.

>> reporter: the accident happening as nearly 80 million plan to travel for thanksgiving. from new york to atlanta, millions of americans already on the move. since thursday the tsa screening more than 10 million passengers. 50,000 flights set to take off tomorrow. the faa still grappling with an air traffic controller shortage in the northeast. the agency saying it may have to slow air traffic. another big concern -- weather. long lines and delays in san francisco, because of gusty winds and low visibility. snow and heavy rain delaying or cancelling flights over the weekend. on the ground, crews clearing roads and bracing for more in utah. aaa says more than 70 million are set to hit the roads. the good news, though, gas prices at their lowest levels since 2021. and if you're just driving to the airport, police in dallas urgently warning that your car may be gone when you return, after an organized crime ring has stolen 52 cars worth

$5 million from dfw airport this year. and in atlanta, car thefts on the rise there too. officials upping patrols, installing new cameras and fencing after they say criminals have stolen more than 300 cars from airport lots. so, david, we'll be watching two things, air traffic controller shortage. which could slow things down. and then, of course, that bad weather that could truly affect the entire aviation system. david. >> no question about that. speaking of the bad weather, gio, thank you. no offense, let's bring in our chief meteorologist ginger zee on the bad weather. take us through it. you're watching two systems tonight. >> reporter: that's why i'm here for the bad weather. david, i won't be here when it's nice. unfortunately because we've got a holiday it's incredibly bad timing. so let's go ahead and dive into the two storms, the first one is more of a nuisance, snow flying in the upper

peninsula down to the lower peninsula. that second storm, that's going to be the more potent one, that's the one slowing things down in san francisco, now dropping feet of snow in sierra nevada. gio told us it was going to be the biggest air travel day on tuesday, if you're flying in or out of one of the airplanes like yellow on the map, doesn't mean you'll have problems, it means precipitation of some sort is going to add to the already-problematic issues that come with the holiday week, that second storm makes its way right across, but look at thursday morning, that's snow along i-80 through the poconos. new york city, down to washington, d.c., a supersoaker, all the way up to boston, we're talking about i-95 being pretty rainy. macy's day parade too. we turn now to the case, the menendez brothers, making their first court appearance together in nearly 30 years today after murdering their parents.

tonight, their parents' siblings pleading for their release with large crowds and a lottery system as so many try to witness this in the courtroom. our matt gutman in los angeles tonight. >> reporter: at this courthouse today, 35 years after they murdered their parents jose and kitty, the menendez brothers still captivating los angeles. >> last four numbers. >> reporter: the crowds competing by lottery to land a seat inside the courtroom. erik and lyle appearing before a judge for the first time in nearly 30 years, side by side on a remote feed from prison. it's part of their attorneys' push to resentence the brothers and secure their release. >> aunt terry and aunt joan, who are respectively jose and kitty's older sisters, both made impassioned pleas with the judge to send the brothers home. >> reporter: kitty's 93-year-old sister telling the judge, "it breaks my heart that kitty knew and did nothing about it."

adding, "they never knew if tonight was the night they would be raped. no child should have to live day by day knowing that at night their dad would come and rape them. it's unconscionable." jose's 85-year-old sister terry, who is battling cancer, telling the judge, "i would like to see leniency. 35 years is a long time. they have rehabilitated and done lots of good things." and outside the courthouse those sisters united. >> i do want them home. they should never have been in such a situation as this presented themselves. what can a kid do when his father's -- i can't stand it. >> 35 years is a long time. >> reporter: a wave of documentaries and a netflix drama series has triggered an avalanche of interest in the case. the judge today saying he needs time to review a mountain of evidence, but also wants to give the incoming l.a. district attorney nathan hochman time to get up to speed too. in that giant case filed that

the judge will be reviewing is newly submitted evidence sent in by the menendez's attorneys, that corroborated their claim that they were sexually abused by their father. the next hearing is scheduled in late january, so it could be many months before the brothers could be released. david. >> you'll continue to follow it for us. matt gutman, thanks again. overseas tonight, the horrific images of a deadly plane crash. a dhl cargo flight coming in for a landing, exploding into a fireball, remarkably there were survivors, tonight the circumstances around this crash now lead to other questions. here's james longman now. >> reporter: the dramatic moment caught on camera tonight. a dhl cargo plane crashing in a ball of flames. you see the boeing 737 jet on its final approach from germany to vilnius, lithuania. communication with the control tower normal. >> good morning control postman, 1-8 delta. >> postman 1-8 delta, good morning.

>> reporter: but as it neared the runway -- an enormous explosion lighting up the sky. >> we just got -- a crash of an air raft on the final. >> reporter: rescue workers say the plane hit the ground and skidded more than 100 yards, sparking a house fire. the distinctive yellow dhl color visible on part of the plane as the sun came up. of the four people on board, one was killed, but incredibly the other three survived. all of them still inside the cockpit, which had completely ripped off the front of the plane. authorities are not drawing a connection, but they're well aware it was just four months ago that a package burst into flames at the same german airport, leipzig, where this cargo plane took off. investigators claim russian saboteurs were behind it, calling it "a dry run" for similar attacks on cargo planes heading to the united states. russia denies those allegations. david, tonight, the national transportation safety board is

sending a team of u.s. investigators including the faa and boeing to lithuania to see if they can help in this case. terrorism hasn't been ruled out. david. >> james, thank you. back here in the u.s., trouble at macy's, an employee accuse of intentionally holding -- hiding $154 million in delivery expenses. tonight the department store saying an employee intentionally hid up $154 million of those expenses from late 2021 to november of this year. the employee has been fired. macy's launching an investigation. with millions preparing to cook thanksgiving dinner the reassurances tonight after the e. coli scare involving carrots and the warning about that ground beef, what authorities are now saying. here's erielle reshef. >> reporter: tonight, as millions rush to grocery stores for thanksgiving, concerns over the nation's food supply. the company at the center of that widespread carrot recall

trying to reassure the public that its products now on store shelves are safe. after a deadly a e. coli outbreak, grimmway farms pulled its baby and regular carrots in multiple-sized packages from popular retailers like walmart and trader joe's. now, health officials warning of listeria linked to ready to eat meat sold yu shang food based in south carolina. they say one infant has died and nine people hospitalized in four states. more than 160,000 pounds of ground beef recalled due to risk of e. coli. the meat shipped from the detroit-based wolverine packing company to restaurants around the country. health officials say at least 15 patients who ate at various locations became ill in minnesota, two of them hospitalized. david, ahead of thanksgiving that carrot producer again saying that any of those recalled products are no longer on store shelves. as for the ground beef company they say that any customers that received the recalled products have been notified.

david. >> those customers were restaurants in fact. erielle, thank you. when we e come back tonight, a tour boat sinking. it's believed americans could be onboard. remembering a famous game show host. robin roberts tonight with elton john.

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>> david: tonight rescuers are searching for survivors of a tour boat sinking in the red sea off the coast of egypt. authorities saying at least one american is believed to be onboard. the boat sailing in rough seas, it issued a distress call. at least 28 people rescued so far. still unclear who remains missing at this hour. when we come back here tonight, remembering a famous

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to the index of other news. former game show host chuck to the index of other news, chuck woolery has died. the original host of "wheel of fortune," best known for "love connection," his trademark toss to commercial back 2 in 2. he was 83. beloved author barbara taylor bradford has died following a short illness. her 40 novels selling more than 90 million copies worldwide. beginning with her first, a woman of substance, every novel. was a best seller.

she was 91. when we come back, robin roberts with elton john. what he reveals here and will he ever record again?

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>> david: finally tonight here, our robin roberts with elton john, with his new documentary coming out "never too late" on disney plus, tonight the star on his health and his future. here's robin. >> in documentary you collaborate again with your good friend brandi carlile, with the original song, tell folks more about this. >> she wrote this song, never too late, everything in the lyric encompasses what i've been. i've been through so much and i've come out the other side. i'm always looking forward. >> i remember at the rock and

roll hall of fame last year you talked about a new album, where does that project stand? >> i don't know. it's been a while since i've done anything. i'll just have to get off my backside. i've lost my eyesight in my right eye in july because i had an infection in the south of france and it's been four months now since i haven't been able to see. my left eye isn't the greatest. so there's hope and encouragement that it will be okay, but i'm kind of stuck at the moment because i can do something like this, but going into the studio and recording i don't know. because i can't see a lyric for start. we're taking an initiative to try and get it better. but at the moment that's what we're concentrating on. and it kind of floored me. i can't see anything, i can't read anything, i can't watch anything. >> thank you for being so open, because people have been concerned about your health challenges. so i'm still standing after all this time. >> yes, exactly.

>> yes, those lyrics must be mean to you more than ever. >> i'm so lucky. i'm the luckiest man in the world. i'm so proud of the documentary. i'm proud of my sons, my attitude toward myself. i'm just very lucky and very grateful. >> robin with elton. good night. you know you want a burger. so make it my smashed jack, rated the best burger in fast food. it's even got more beef than a big mac. chin up, ronald. maybe you'll get a participation trophy.

my smashed jack, now on sourdough. welcome to jack in the box! ♪♪ from the alex trebek stage at sony pictures studios, this is... ♪♪ here are today's contestants-- a science writer from washington, d.c....