abc news chief legal analyst dan abrams in studio tonight. >>> new, unprecedented covid protocols and response to the relentless summer surge. new york city moving to require proof of vaccinations for indoor dining and other public venues. the delta variant sending case numbers soaring. 91% of americans now living in areas with high or substantial community spread. but vaccination rates ticking back up nationwide m and developing late tonight, president biden calling the surge a largely preventable tragedy. >>> also breaking out of washington, the white house expected to announce a new eviction moratorium to help people struggling in the pandemic. what we're learning about the latest plans to help renters stay in their homes. >>> the pentagon put on lockdown. a police officer dead, law enforcement shooting and killing a suspect. late details just coming in. >>> harrowing moments caught on camera. new video showing what first responders witness as they arrived at the deadly surfside building collapse. >>> stranded passengers. in a new wave of flight cancellations, one day after widespr

we do have one more question on this, so, let's bring in abc's chief legal analyst dan abrams, because dan, governor cuomo, of course, may be resigning here, but he still faces major legal hurdles ahead? >> yeah, as a legal matter, that investigation in albany county is the biggest threat to him right now. the possibility of a misdemeanor assault charge. and nothing that happens in the political arena, resigning, et cetera, changes that investigation. there's also the possibility of a civil lawsuit that could be filed by one or more of the women, as long as it's within the statute of limitations. so, while this may be over as a political matter, it's not as a legal matter. david? >> a long road ahead. dan abrams and erielle reshef tonight. our thanks to you both. >>> we're going to turn now to major news on the pandemic tonight. the number of children with covid now at its highest point since the pandemic began. children hospitalized at a rate nearly four times higher than just a month ago. thousands of students returning to schools in florida and soon in texas. and in both states, som

abc news chief legal analyst dan abrams in studio tonight. >>> new, unprecedented covid protocols ande to the

abc news chief legal analyst dan abrams in studio tonight. >>> new, unprecedented covid protocols andmer surge.

. >>> let's bring in dan abrams, so on the political front cuomo had no way out, that's what he concludeddoes the fact that he's resigning have any impact on his criminal jeopardy? >> well, it shouldn't. in theory these are two totally separate tracts, but you can imagine that the albany county investigators and the d.a.s are probably breathing a little sigh of relief here just in terms of the timing, because there was enormous and is enormous pressure on them to investigate this and by a lot of people to bring charges. so the resignation as a legal matter shouldn't have any impact but as a practical matter may give them just a little bit of breathing room. >> and in theory the new york lawmakers could still go forward with impeachment? >> absolutely. the purpose of it would be to prevent him from holding public office again. they could go through the impeachment process, have the trial in an effort to make sure he can't run for office again. but as you know, as a political matter, yes, there are legislators saying right now we'll investigate this. we have to consider this, et cetera, but

coming up, we will talk to dan abrams about what this could mean legally. that is your gma first look. reggie: apple is rumored to be trying to get face id to work with masks on the new iphone 13. they are testing the upgrade, but it is unclear if it will be ready by the time they unveiled a 13 model. google and microsoft are promising president biden that they will invest billions to help strengthen u.s. cybersecurity. nearly three dozen people gathered at the white house to talk about defending against cyber attacks. the president called cybersecurity a core challenge. this comes after a wave of attacks on businesses and operators of critical infrastructure in the u.s. a salmonella outbreak linked to italian style meets and the cdc is trying to figure out which brands are affected. 36 people nationwide have gotten ill after eating cold cuts, seven cases in california. 12 were so severe that those who got sick had to go to the hospital. the cdc is investigating and the recommend heating meats to make sure that they are safe to eat. kumasi: many businesses

dan abrams talked about what it would take for prosecutors to get a conviction. >> you have to go throughrious defenses from the governor to say, does this pose questions as to when this could have happened and the details as to what happened. >> overnight cuomo's top aide announced she is resigning. cuomo has denied any sexual misconduct or inappropriate advances. a new push to disband the minneapolis police department more than a year after the murder of george floyd at the hand of police officers. activists and several city council members are trying to get a measure on the november ballot that asks if the depart should be dismantled. they have collected signatures and raised $1 billion. -- one million -- they would employ a public health approach and license peace officers. >> the senate has cleared the second and last major hurdle on the one trillion dollar bipartisan infrastructure deal. senator spent the weekend discussing amendments to the bill and final passage could come as soon as tomorrow morning. last night's vote was the largest showing of gop support with 18 republicans vot

. >> coming up at 7:00 a.m., legal analyst dan abrams ways and live with what is next for cuomo. news, albany, new york. kumasi: infrastructure deal has cleared a major hurdle. final passage could come as soon as tomorrow morning. last night's but was the largest showing of gop support so far with 18 republicans voting yes. the house is in recess but is expected to consider the package when it returns next month. coming up, taliban takeover. the situation in afghanistan and the u.s.'s pledge to help. reggie: now is your chance to pretend to live on another planet. the year-long mission nasa is recruiting for right now. but first, meteorologist mike nicco. mike: isn't that a hotel at disney world? reggie: it is the star cruiser. mike: which one is cheaper? i will take that one. reggie: i cannot wait to see the story. mike: here's a view of the walnut creek camera. that's mount diablo in the distance as we look to the west -- or the east, as normal this morning. i like the shot. thank you for dialing that up. clouds this morning, but mainly sunny in the afternoon. breezy than chopp

legalist dan abrams expands why. >> the reason is likely to get jamie spears out is step one. end the conservatorship, jamie spears then could object and say i do not think it should end. he is part of the inner circle there. that leads to a trial. kumasi: britney spears -- jobina: britney spears's attorney says there's an ongoing investigation into her father's conduct over the past were teen years and spears wants to see him in jail. she tells abc news he is looking forward to taking the sworn deposition as soon as possible. julian: new developments in the murder of a six-year-old boy in san francisco. they arrested a second suspect. just six years old, he was shot and killed on the fourth of july last year in the bayview neighborhood. police identified two suspects, both 18 years old. investigators arrested they sean lumpkin and james harbor. both of them facing murder charges. six weeks after san jose unified voted to remove police from campus, the schoolboard voted unanimously to bring the back for afterschool events. the move comes despite objections from community membe

. >>> let's bring in dan abrams. significant development here. >> i think it's major.a criminal case, you need a complainant. someone who will come forward and say this happened to me. i'm ready to testify. this is different than many of the other allegations out there. important to distinguish. this isn't sexual harassment. this isn't inappropriate conduct in he workplace. this is an allegation of a specific assault on her, physical assault. she's one of the few who say that. very important case and a big development. >> so what will it take for the sheriff to actually bring the charges? what will it take for prosecutors to actually get a conviction on this? >> well, i think those two may go hand in hand. the prosecutors will work with the sheriff to say do we have enough for a case here beyond a reasonable doubt. that's the key factor here. what the attorney general did is use a civil standard. said this is what we believe and here's the report. in order to move forward with a criminal case, you need to be able to be convinced you have proof beyond a reasonable doubt

. >>> let's bring in chief legal analyst dan abrams.itney wanted most of all. >> this is just step one, meaning, he has been the conservator of one part recently. he was initially of both parts of this conservatorship. there is the conservatorship of the person, decisions made about her medical care, who she sees and interacts with, what she does and then there's the conservatorship of her finances. that's the one that jamie spears has been controlling as of late but now it seems he's going to step down but this is just step one because they still haven't formally requested that the conservatorship end. >> so this conservatorship is not over. this does not mean that it's over. >> right, exactly. so that's the question now is, why hasn't her lawyer moved to end the conservatorship, right? she's got this new lawyer. she fought very hard to get him. she's got him now and he still hasn't filed an official motion to end the conservatorship. the reason for that is likely getting jamie spears out is step one in that because if you file to end

. >> reporter: as fans descend upon dan abrams canton the pro football hall of fame says it took monthshe pandemic last year. the hall of fame now playing catch-up inducting botham its 2020 and 2021 classes. wait, i think i know that guy. he lookallery of bronze busts. but former steeler safety troy polamalu may have to sit it out after testing positive we've be with him and if these last 48 hours or so go smytoothly he pls to travel saturday morning to canton. >> reporter: behind the walls, 101 years of america's game. hall of fame president david baker calls it the most inspiring place on earth. what makes this place so special? because i feel it in the air. >> i think it's a bucket list item for everybody. yeah, they want to see the pro football hall of fame before they die but a lot of it is how we experience the game with our family at home watching tv. and every game you see resurrection, redemption, he see victory. snapped from the jaws of defeat and i think there's hope in everything that happens here. >> reporter: and, guy, i mean, you can really feel it in the air. people are

. >>> so let's bring in our legal analyst dan abrams, george. explain why the attorney general was not able to file criminal charges on her own and we heard ms. bennett's attorney talking about the possibility of criminal charges. >> right and, the attorney general specifically said that state and federal laws were violated. the issue is this attorney general was only empowered to subpoena witnesses, subpoena documents and write a report. that's it. that was the extent of her power here. it would then go to local district attorneys, local investigators and as we pointed out, albany county is investigating. so it is possible that criminal charges could be filed because it is misdemeanor assault to kiss, touch, whatever it is, someone in an unwanted way without their consent, so we'll see what that investigation uncovers, but just because no criminal charges have been filed now doesn't mean that they can't happen in the future. >> he is clearly not going to resign. impeachment is an option, and americans may think they're very familiar with it on

. >>> joining us now is our chief legal analyst dan abrams and so, yes, we just heard gio say that deltanvaccinated employees and financially you see how it makes sense, but is it legal? >> it is actually a close call. if delta wanted to say we are going to require everyone to get vaccinated, if you want to work here, that would pass legal muster. we've seen that with other companies. that's not really a legal question. because of the way they're doing it, which is tying it to the health care plan, it invokes all sorts of federal laws, the americans with disabilities act, the affordable care act, and as a result there are certain requirements that have to be adhered to even with regard to what percentage of the total amount that is spent on health care this punishment number is. is it overly burdensome, et cetera, so by trying to walk this middle line they're actually making it a little trickier legally than if they were to simply say, you have to be vaccinated. >> it sounds like you're saying that unvaccinated employees could potentially have a case if they wanted to sue against this po

i want to bring in abc's legal analyst dan abrams.o acted as cuomo's driver. he's named in this report as well. this investigation found nonconsensual touching and suggestive comments that created what james called a toxic work environment. di diane, there's been no comment by governor canucuomo. he's called into question whether june kim the former prosecutor was truly independent because he investigated some in cuomo's orbit. he sought to cast doubt on the women's stories. first he apologized for making anyone feel uncomfortable. he said people will be shocked when they hear his side of the story. the side by james appears to corroborate what we heard about cuomo's behavior. she said it corrodes the fabric of state government. >> she said the governor violated federal and state laws. what could this mean for cuomo legally? >> we need to separate civil from potential criminal. what this means is legal manner. the attorney general had the authority to compel testimony, to force the production of documents, but not pursuant to criminal

robert abrams in active duty four star general say it's gut wrenching to watch what is happening and said progress made but in the end, not sustained, heartbreaking. with me right now, tom ameta and dand "20 year war" released on 9/11 dedicated to veterans of the global war against terrorism and they both served in the 75th ranger regiment including towards in afghanistan. good to see both of you. >> thank you very much for having us. >> you hosted a podcast called never left behind dedicated to sharing the stories of veterans. i want to play a quick clip from an episode. >> i think there's a lot of threads of shared experience. the reasons that people chose to serve. there's a lot of similarity across five or six major buckets, if you will. there's a lot of threads of similarity on how they transition. whether it was positive or negative, but everyone's journey really is, it's true but it was crazy. they were their own unique thing. >> that idea of a shared experience that everyone goes through who serves. is there a sense that this is heartbreaking, just as the general tweeted, is that kind of the shared response or assessment? >> well, let me be very clear. i can't speak for the e