how a new poll shows the gop's advantage over democrats seems to be easing. so, what does it mean for the midterms, now just a month away? and last laugh. jon stewart responds to the comments about him that cost a cnn host his job. good morning. the heightened terror alert for americans traveling in europe is now hitting home. >> police are putting mass transit across the country under extra scrutiny. but they say it's just a precaution. that there's no specific threat. >> emily schmidt joins us from washington with more on what led to the decision. good morning, emily. >> reporter: vinita and rob, good morning to you. a state department spokesperson says this travel alert for europe was the right thing to do at the right time. and now, as he says, we're beginning to see the stepped-up security measures at home. just one of the ripple effects. the head of the united states largest mass transit system have

been briefed on the overseas threat. in what's being called an abundance of question, they're stepping up a security search along amtrak, and tightening up security in new york city. >> we've done some tactical shifts and changes that we think are appropriate at this time. >> reporter: the travel alert for americans in europe is light on details. heavy on impact. >> i wouldn't say that we have specific information about a particular place, a particular time. and yet, we have, i think, sufficient information that justified the issuing of the alert. >> reporter: the government message, people should continue with plans to travel to europe. but do so carefully. >> be cautious and be aware that we are following, you know, multiple streams of threat information. >> reporter: fbi and homeland security department officials say there is no sign terrorists are targeting the u.s. or its citizens in this current plot. but the government is taking no chances. yesterday, the u.s. attacked a

suspected center of the european plot in pakistan. >> several of the people have been targeted. and the others are certainly on the radar of u.s., pakistani and european intelligence services. >> reporter: many travelers say they are still packing their bags. but with a bit more care. >> we know there has been terrorist attacks in the past. so, this is nothing to take lightly. >> reporter: in fact, the state department says more americans traveling abroad are registering with u.s. embassies if the travel alert persists. there was double the usual number on monday. >> with so few details about the threat here, is it causing any panic with the travel alert? >> reporter: the state department spokesperson spoke about that yesterday. he said he didn't think so because the state department is often issuing these kinds of travel alerts. one as recently as last month, with the international concerns when the congregation down in florida might burn the koran. talking to security experts,

there's the fear of crying wolf that travelers will take the advisories for granted. rob and vinita? >> emily schmidt, live in washington this morning. thank you. the man behind a domestic terror plot is expected to spend the rest of his life in prison. faisal shahzad faces sentencing here in new york today. shahzad admitted last june that he tried to blow up a bomb-packed suv in the heart of new york's times square. prosecutors say if successful, the bomb could have killed up to 100 people. at least one person was killed and several injured in a shooting rampage near the university of florida. police say the gunman drove through his neighborhood firing at random. abc's matt gutman is in gainesville now and has the latest. >> reporter: for 30 minutes, terror gripped gainesville. >> we were seeing a barrage of people calling soshotere.t t t someone shot he. >> reporter: around 4:00 p.m., the 911 calls began streaming in. >> more people got shot over here by williams elementary

school. and someone was over here on the depot. so, it was -- i was scared e relatives said had a history of mental l l l ess, allegedly shot his father. then, turned his gun on others. >> people thought he was crazy. but he wasn't. he wasn't. he wasn't crazy, at all. he was a good kid. i want everybody to know that. he was. i don't know what drove him to this. >> reporter: cruising around this college town in a red, chevy pickup, miller allegedly blasted away at random. he shot four people within city limits. and as he drove out of the city, he shot another person. >> he was one step ahead of each of the crime scenes as they came ahead. the gainesville police department would respond to the scene and reported the shooting, as would the sheriff's office. and he was then traveling to the next location. and shooting someone at an additional location. >> reporter: finally, police pulled the gunman over. with the officer approaching the car, police say miller shot

himself in the head. he had a history of arrest. everything from driving recklessly to battery. but was deemed mentally or physically unable to stand trial. it's not known how he obtained the weapon. matt gutman, abc news, gainesville, florida. and yet another shooting incident has a southern new jersey community in shock today. a s.w.a.t. team was on the scene yesterday, after a man shot and killed his own brother from the second-floor window of their apartment. a woman who came to the victim's aid was also killed. the gunman then took his own life. the nation's highest court has opened its term with three female justices on the bench for the first time. elena kagan replaced john paul stephens who retired last year. our terry moran watched as the historic moment unfolded, with all eyes on justice kagan. >> reporter: she was ready, no question about it. within minutes of the start of this bankruptcy case, she jumped into the fray of oral argument. she was confident and well-prepared and fluent.

and probing. she asked a question of one of the lawyers that seemed to stump him. you could almost sense the whole court looking down at her, like a major league scout would. like that kid's got some pop on her fast ball. >> today, the court hears arguments on whether the government went too far investigating workers at a jet propulsion lab in california. some are questioning why it took too long for the man who invented in vitro fertilization for the nobel prize in medicine. his work developing test tube babies has led to the birth of 4 million infants. edwards is now 85 years add and in failing health. >> we don't know his name. but we all know his work. >> absolutely. now, for this morning's weather from around the nation. light rain in philadelphia and new york and new england. showers and thunderstorms from boise, to salt lake city. and from sacramento to phoenix. across arizona, expect hail, gusty winds and flooding. and six to ten inches of snow in the central sierras. >> meanwhile, 75 in sacramento. 65 in seattle. and 80 in colorado springs.

63 in detroit. 67 in chicago. and 70s from the twin cities down to dallas. mostly 60s from boston to atlanta. miami climbs up to 84. new orleans, 75. when we return, some families face foreclosure who shouldn't have? a new investigation. plus, the state of politics. our new poll out this morning showing republicans may not run away with the midterm elections after all. and "daily show" host jon stewart on those comments that cost rick sanchez his job.

officials nationwide are trying to figure out how many families have unfairly lost their homes. at least three, major mortgage lenders have all stopped foreclosures after officials admitted approving those foreclosures without even reading the details. state governors and attorneys general nationwide are calling for a complete foreclosure freeze. two, major credit card companies have reached settlements with the justice department. the government sued mastercard, visa and american express for anti-competitive practices. it claimed they tried to stop merchants from promoting other cards with lower fees. american express is refusing to settle and is now fighting back. fed chairman ben bernanke says the federal reserve could help the economy by buying more government debt. this would deep interest rates low so businesses could borrow and expand. a decision is expected when the

fed meets next month. japan's central bank cut a key interest rate to zero this morning, sending tokyo's nikkei average up 137 points today. hong kong's hang seng is down in late trading. in london, the ftse opened higher. and the dow lost 78 points yesterday. meanwhile, the nasdaq fell 26 points. well, an attempt to go green has apparently fired back on frito lay. the company is quietly dumping the biodegradable sun chip bag it launched just 18 months ago because it's too noisy. for now, they will go back to the old nonrecyclible bags as they come up with a quieter, ecofriendly alternative. >> environment versus noisy. back on this tuesday morning, new hope today of an early rescue for the trapped miners in chile. and a monday night romp for the patriots in miami. ♪

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colorado is now just two miles away from residential neighborhoods. it's 30% contained after scorching more than 500 acres since sunday. residents have been told to be ready to evacuate if necessary. now, for your weather this morning. slick roads today in the northeast, with rain on i-95, from boston to philadelphia. and on i-80 and 90 from new york to cleveland. wet on i-5, from san diego to sacramento. flooding on i-15, around l.a., vegas and salt lake city. >> if you are flying today, you can expect airport delays in salt lake city, las vegas, phoenix, boston, philadelphia and new york. today marks one month until the important midterm elections. and there is some new hope today for the democratic party. >> an abc news poll released overnight shows democrats could do better than first projected. it also shows the tea party's popularity seems to be fading. >> we have made progress over the last 20 months. >> reporter: could the democrats come clawing back?

the huge advantage held by republican candidates nationwide seem to have slipped somewhat. and it is likely linked to the economy. in today's abc news/"washington post" poll, one-third of americans now believe the economy is improving. still low, but up seven points from a month ago. it's an election that could bring a seismic shift to capitol hill. among likely voters 49% now say they vote for a republican candidate. 43% for a democrat. that eased from a record 13-point gap last month. but republicans still enjoy a larger lead than they held in 1994. the last time the party seized control of congress. as the gop advantage eases, so does the tea party's popularity. >> i'm not a witch. i'm nothing you've heard. >> reporter: candidates backed by the movement, like delaware's christine o'donnell, are facing increased scrutiny. in her just-released first campaign ad, she addresses her now notorious comments on witchcraft and abstinence saying --

>> i'm you. >> reporter: in july, 30% of voters said they would support a tea party candidate. now, that's dropped to 18%. overall, the new numbers show democrats back in the game. but still far behind. guaranteeing a frantic final month of campaigning. one thing the dnc may not be able to overcome, sky-high dissatisfaction with the government, which, of course, they control. that is now at 71%. the miners trapped deep underground in chile could now be out in a matter of days. chile's president now says his government is, quote, very close to pulling those 33 men to safety. and he hopes to be there in person to see it before leaving on a trip to europe october 15th. original estimates have said the men might be trapped until christmas. the italian coast guard has called off the search for two american balloonists missing in the adriatic sea. richard abruzzo of new mexico and carol rymer davis of colorado, plunged into the water at 50 miles per hour during a

balloon race last wednesday. race organizers say it's unlikely that they survived. tony curtis has been laid to rest after a festive funeral honoring his life and career. hundreds gathered to pay final respects to the actor. his daughter, jamie lee curtis, joked she inherited her father's desperate need for attention. and arnold schwarzenegger remembered curtis, the mentor, who encouraged him when he was just starting out in hollywood. it's back to work for pittsburgh steelers quarterback ben roethlisberger. he finished a four-game suspension and will take part in his first practice of the season today. roethlisberger was accused of sexually assaulting a female college student back in march. but he was never formally charged. the nfl did suspend the two-time super bowl winner for violating its personal conduct policy. and the story of last night's nfl matchup, it was all about a usually unsung hero. max bretos at espn news has

details. >> good morning. "monday night football" saw afc east rivals new england and miami clash at sunlife stadium. both looking to improve to 3-1. let's take you to the action where pat chung, not tom brady, not randy moss, was the hero for the pats. third quarter, patriots up 13-7. miami, three and out. and chung blocked the punt by brandon fields. take another look. you can see chung come out clean. that would lead to a benjarvus green-ellis touchdown. fourth quarter, dan carpenter going for a 54-yard field goal attempt. it's stopped by pat chung. green-ellis scoops it up. patriots up 34-14. chung has set up touchdowns for two other patriot teammates. and tom brady enjoys every minute. later in the fourth, there you see chung. he would get one for himself. chad henne, looking for brandon marshall. and it's chung who intercepts

it. takes it to the house. he would score a touchdown on the interception. blocked a punt and a field goal. patriots crushed the dolphins, 41-14. kobe bryant and the lakers begin their title defense in preseason action in the 02 arena in london. bryant intercepts the ball. throws it down to lamar odom who slams it down. bryant would only play six minutes for no points. later in the quarter, shannon brown gets by rookie wesley johnson. slams it home. it's tied at 18-18. then, the wolves come up big. johnson slams it home. michael beasley, 21 points in 18 minutes. this has been your espn news update. let's send it back to you in new york. jon stewart returned to his comedy central show for the first time since cnn fired rick sanchez for comments about stewart. >> he didn't waste any time getting to the sanchez story. here's the comments and also stewart's reaction. >> i think jon stewart's a

bigot. >> oh, my god. rick sanchez knows my name. >> stewart poked some fun at sanchez by comparing him to the bumbling boss from the sitcom "the office." >> it's just that we here see him as kind of a complex television character, who is flawed but fascinating to watch every week. >> of course, rick sanchez's wife says on her facebook page that her husband actually called stewart to apologize. she says the two men had, quote, a good talk. >> sounds like this might be the first hint of an apology. she went on to say that rick feels horrible and deeply apologizes by anyone who was offended by the comments he made during that radio interview. >> love to be a fly on the wall during that conversation, huh? coming up next, the other stories we'll be following on this tuesday. stay with us. as fibromyalgia, thought to be the result of overactive nerves

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scored well under the old system will not do as well under the new one. president obama is holding a white house summit today on community colleges. the president plans to highlight two-year schools as a resource in developing america's work forest and reaching america's goals. and the hiker ed rosenthal who spent six days last in the california desert will share his story with reporters. he will also start a fund-raising effort for the rescue teams that found him. for a guy named danger man, this is a risky stunt. a high-wire walk feet above bubbling lava. >> interesting man. for some of you, your local news is next. >> for everyone else, we'll be right back. ♪ i hate-- didn't quite catch that last bit. i said i really love my bank. right... is there a problem ? it's not really raging, man. uh, we were hoping for more raging ? well, you said write from the heart.

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now good morning maryland. if you ride the train, then you need to know what is up this morning. rail safe is coming to protenth you on amtrak. former president jimmy carter is in town today and

ready to build. where he is going to be and why. and you want to lose some weight? well you don't want to lose sleep. more you sleep the more you drop pounds. really? >> yeah. >> if you are asleep and not eating there's a good way. huh? >> i guess so. think if you are sleeping. >> you go to bed early you don't go to the refrigerator. >> or more rested and able to do more. we will find out. good morning. it's tuesday morning. i am mega pringle. >> i am jamie costello. let's go to meeto gist justin berk. we will see the sun? >> i am not so sure. the bear hibernates and sleeps a few months away. >> that would be nice. >> hey, look, this morning, i want to talk about the record chill. we did what was exspie. record lomax temperature at bwi yesterday 54. tied the mark in 1998. that's four records in the last 10 day including record high

temperatures. number for 09 toe gee days and record rain we had last week. well we have a slow warming trend beginning and we should try to get back into the lower 60s many but right now the mark of 50 in baltimore and easton and up to the north 48 in york pa where they have drizzle. 83 stretch through much of baltimore county we have got ourselves some wet roads because of the drizzle this morning. it's going to be an issue traveling on the north side. although, we are aiming for temperatures to about 62 this afternoon. there will be a chance of a shower. there could be sun peeking through. we will try to be optimistic but one thing we will guarantee is temperatures warmer than yesterday. let's talk to kim brown who says the roads are dry south of baltimore. let's get the latest on traffic. >> reporter: that's right. as you come through howard county and up into baltimore county on the 95 corridor, didn't find wet roads but up there on the top side of 83, might want to take it easy. looking at drive times no delays on 795 southbound a10 minute raid from route 140