yellow tier and the court ruling out saying san quinton muss tonight, several developing stories as we come on the air. election day two weeks from now and tonight, president trump in the battleground of pennsylvania. while first lady melania trump canceled plans to go with him. and in a new interview, fox news asking the president for his plan handling the virus as we now move forward, as we see a spike in cases and hospitalizations across the country. and tonight here, the new rule for the final debate between the president and joe biden. what is the change and will it work? the coronavirus here in the u.s. the alarming number. hospitalizations now on the rise in 42 states. nearly 1 million new cases in the u.s. just since the start of this month. tonight, the images from texas to oklahoma, from montana to utah, and the hospital workers who say this new wave should be taken seriously, that patients are dying alone. also tonight, the cdc guidance

on traveling from subways to trains to planes to ridesharing services like uber. the abc news exclusive in the breonna taylor case tonight, as a kentucky judge order eed grand jury records unsealed. tonight, one of the police officers involved in the killing of breonna taylor is breaking his silence. what he says about the reaction to the case around the country. a two-star marine general rebelieved of command tonight. martha rat datz standing by. the justice department filing a major anti-trust lawsuit against google. federal prosecutors accusing the tech giant of being a monopoly gatekeeper for the internet, controlling nearly 90% of what americans are searching for in the u.s. the deadly police shooting in houston. a 41-year veteran of the department has been killed. u.s. fighter jets intercepting five russian military planes near alaska. and tonight, actor jeff bridges revealing his battle with cancer and what he's now

saying about his condition. good evening and it's great to have you with us here on a busy tuesday night. election day just two weeks from today, and of course, more than 35 million americans voting already. tonight, the president in a key battleground, the first lady canceling her trip. and as joe biden prepares for thursday night's debate, news of a rule change, turning down the mic while the other candidate is giving their first two-minute answers, then leaving both mics open in the discussion segments that follow. so, will this work? we'll have more on that in a moment. president trump tonight in erie, pennsylvania, the first lady had planned to go, too, but canceled because of lingering symptoms after she came down with covid, too. the president taking aim at dr. anthony fauci again today. dr. fauci responding, saying, this is not personal. the president saying of the virus, we're rounding the turn on the virus.

with joe biden arguing that simply is not true, often pointing to the rising numbers. biden is off the trail today, preparing for the final crucial debate on thursday as the debate commission announces that new rule. we have it all covered for you tonight. two days until that debate. two weeks until election day. here's our chief white house correspondent jonathan karl. >> reporter: president trump takes his battleground blitz to pennsylvania tonight. the campaign had announced the first lady would be going, too, in what would have been her first public appearance since getting sick with covid-19. but today she cancelled, citing a "lingering cough." a close-to-home reminder for the president that the pandemic isn't going away, no matter what he says about it. >> people are pandemic-ed out. you know that? they're pandemic-ed out. >> reporter: cases of covid-19 are skyrocketing. now more than 220,000 american deaths. on fox news, the president was asked about his plan to deal with it. >> what is the plan to live with

it while steadily staying safe from it? >> well, we are living with it and we're having the vaccines coming out very soon. with or without the vaccines, we're rounding the turn. >> reporter: a day after calling some of his own medical advisers idiots, the president toned down his attacks on dr. fauci, but only a little. >> he's a nice guy. the only thing i say is, he is a little bit sometimes not a team player. >> reporter: in radio interview, dr. fauci brushed off the criticism. >> it's like in "the godfather," nothing personal, strictly business, as far as i'm concerned, you know? i just want to do my job and take care of the people of this country. that's all i want to do. >> reporter: and today dr. fauci got words of support from his immediate boss, nih director frances collins, who called it heartbreaking that dr. fauci has received death threats and that the simple act of wearing a mask has become politicized. >> let's stop turning this into some kind of demonstration of how free or how macho we are. it's how we go about helping our

neighbors. >> reporter: signs of the ongoing pandemic are everywhere. here a polling site in benton, county, arkansas, is sprayed with disinfectant. but it hasn't stopped people from turning out in record numbers. today, long lines of voters in green bay on the first day of early voting in wisconsin. vice president biden was off the campaign trail today, as he prepares for thursday's debate. in an effort to limit the kind of interruptions that dominated the last debate, this time the microphones will be muted, at least some of the time, when it is not the candidate's turn to answer questions. >> that got a lot of attention, so, let's get right to jon karl this evening. people talking about what's being called the mute button at the debate. i know the debate commission is not calling it that. so, how is this going to work, jon? essentially, what, turning down the other mics from the candidate while one candidate is giving the two-minute answer? >> reporter: yeah, there isn't actually a mute button, what's going to happen is, when the candidate is answering that question at first for two minutes, the other candidate's

mic will automatically be turned off by the production staff in the control room, not by the moderator, for the duration of a two-minute answer, but david, after that, there will be 90 seconds of followup and a free-flowing conversation where both microphones will be on. >> we'll be watching together, jon, on thursday night. thank you. of course, one of the issues for the debate will be the handling of coronavirus in this country, particularly as we see these alarming numbers with the colder weather here and americans going indoors. nearly 1 million new cases in the u.s. just since the start of this month. hospitalizations on the rise in 42 states now and a new cdc study finding hospitalized patients with covid are five times more likely to die compared to hospitalized patients with the flu. tonight, those 42 states with hospitalizations on the rise right there on the map. and more than 20,000 lives have now been lost. hospitals in el paso stressed to the limits. and in billings, montana, they are running out of space. also tonight, the cdc guy dance on traveling from subways to

trains to planes, including r e ridesharing services, as well. and here's our chief national correspondent matt gutman again tonight. >> reporter: the nurses call this grand central station. it's one of the busiest covid wards in the country. people our age? >> oh, yes. >> reporter: for seven months hidalgo has worked the ward, patients now sicker than ever. they're coming in sicker? >> by far, by far. at first, at the beginning, we thought we were seeing the worst of it. but now being where we're at at this point, oh, no, they're sick, they're having trouble breathing. >> reporter: and more are coming. lines for testing getting longer nationwide, including here in el paso. the line begins about a mile in that direcion. it snakes around this parking lot before finally ending up at that testing tent four hours later. since october nearly a million new cases across this country, 400,000 in just the past week. and hospitalizations are now climbing in 42 states. daily deaths in 17 states. hospitals like this one in billings, montana, running out of space.

they had to move a husband and wife into the same room, putting each on ventilators. the couple's adult children only able to see them through this window. in utah, nurses are seeing patients all alone. >> we have patients who are dying alone, with the only people at their bedside is their clinical teams, because they can't have family in. >> reporter: but that personal touch comes with an emotional price tag. >> our emotions get to us. sorry. it's just hard to see. >> reporter: in oklahoma, 46-year-old leslie tanion got the virus in june but barely felt the symptoms. but after testing negative, two months later she got it again. >> i couldn't get my oxygen up. it was going down so fast to where i started passing out. it feels like your head is going to explode, because it gets so much pressure. >> and matt gutman with us again tonight from texas. and matt, i know there also new guidance from the cdc for

travel. >> reporter: that's right, david. the cdc says it's no mystery that the virus has spread through interstate and international travel. that is why they are strongly recommending anybody on planes, trains, subways, taxis, as you mentioned, to wear a mask. may say these are simply proven to be effective. david? >> all right, matt gutman with us again tonight. matt, thank you. and one more note on the virus tonight. overseas, a controversial coronavirus vaccine trial. the british government is backing who is known as a challenge trial. young people would be injected with the vaccine before they then inhale a small dose of covid-19. volunteers would then be monitored in the hospital to see if the vaccine is working. if regulators approve it, it would be the first trial to take that approach, potentially getting volunteers sick to see if the vaccine works. we turn next tonight to the abc news exclusive in the breonna taylor case, as a kentucky judge now orders grand

jury records unsealed. tonight, one of the police officers involved in the killing of breonna taylor is now breaking his silence. what he says about the reaction to the breonna taylor case across this country. and here's alex perez. >> say her name! >> breonna taylor! >> reporter: after months of protests across the country, and demands that the officers be fired and criminally charged -- >> protect black women! >> reporter: -- tonight, for the first time, officer jonathan mattingly, one of the officers who carried out that search warrant at breonna taylor's apartment and fired his weapon six times, is speaking out exclusively to abc news an "the louisville courier journal." >> there's been marches, there's been protests. what was your feelings, watching all that unfold after this? >> mostly frustration, because there was so disinformation out. this is not relatable to george floyd. this is not ahmaud arbery, it's nothing like it. it's not a race thing, like people want to try to make it to be.

it's not. this is a point where we're doing our job, we return fire. this is not us hunting somebody down, not kneeling on a neck. this is nothing like that. >> reporter: mattingly insisting the incident was not about race, but police procedure. and earlier today, nearly three weeks after that grand jury hearing, a judge now allowing all 12 jurors to speak publicly about the proceedings. one juror releasing a statement saying, "the grand jury was not presented any charges other than the three wanton endangerment charges against detective hankison," adding "they did not have homicide offenses explained to them." officer mattingly says he and the other officers announced themselves that night. taylor's boyfriend, kenneth walker, investigators say, shot him in the league, when the officers barge into the apartment. >> we announced, we waited. >> reporter: walker telling investigators he fired because he didn't know who was bursting through the door. police body camera video showing mattingly later getting help. >> put him in the truck. put him in the truck. >> reporter: breonna taylor would be pronounced dead inside the apartment. >> she's done.

we'll keep one person here on her. >> reporter: an autopsy confirming she died of multiple gunshot wounds. an fbi ballistics analysis later determining that there was one fatal shot that hit taylor that came from detective miles cosgrove's .40 caliber weapon. a grand jury last month bringing no charges in taylor's death. officer brett hankinson, one of the officers involved, was charged with allegedly endangering neighbors when he opened fire, but not in connection with taylor's death. he has pleaded not guilty. david, while those grand jurors can speak publicly, they are under no obligation to do so. that judge agreeing to release parts of the proceedings that were not recorded by audio, so those documents will also now become public. david? >> all right, alex perez tonight. alex, thank you. and we should point out, you can see michael's full interview with jonathan mattingly tomorrow morning right here on "good morning america." as we continue here tonight, the two-star marine general now relieved of come pant on the, accused of using a racial slur.

here's abc's martha raddatz. >> reporter: the investigation is not over, but two-star major general stephen neary, head of marine corps forces in europe and africa, has already been stripped of his command, accused of using a racial epithet at a training session in germany. a u.s. official confirming details in an account in "stars and stripes ghats marines were "jolted" when a lance corporal says they heard the commander use a racial slur at the august event. loud music was playing, including rap, which incorporated the slur. the lance corporal telling the paper that the music prompted neary to repeat the slur, asking the junior marines how they would feel with him using the word. the junior marine saying, "even if neary was attempting to be instructive about the taboo nature of the word, it came as a shock." general neary was relieved of duty by the marine corps commandant, david berger, saying

he has lost trust and confidence in general neary's ability to lead, even though the investigation is ongoing. david? >> all right, martha raddatz live in washington. martha, thank you. now, to the blockbuster anti-trust lawsuit against google tonight. the justice department accusing the tech giant of being a mon nop lis gatekeeper for the internet. google handles nearly 90% of what americans are searching for on the internet. here's our chief justice correspondent pierre thomas. >> reporter: the justice department declaring war on google. >> every day, billions of people come here with questions. >> reporter: federal prosecutors accusing google of being a monopoly gatekeeper for the internet, accounting for close to 90% of searches in the country. they claim the tech giant has been engaging in "ant "anti-competitive tactics," paying phone manufacturers and tech companies billions to allow goinged to be their default search engine. prosecutors alleging the ties were so deep, a senior apple official wrote, "our vision is that we work as if we are one company." according to the complaint, in

some cases, even if consumers want to delete google from their devices, they can't. >> google's conduct is illegal under tradition anti-trust principles and must be stopped. >> reporter: william barr today calling the lawsuit "a monumental case for the department of justice, and more importantly, for the american consumer." david, doj is asking a judge to rule that google violated anti-trust laws and that could lead to the company being broken into smaller pieces. today, google responded, saying the lawsuit is deeply flowed and would do nothing to help consumers. google said this would only prop up lower quality search engines. >> pierre, thank you. we're going to turn new to that very personal reveal from actor everbridges, revealing his battle with cancer. tonight here, his message, and more on the condition that effects 900,000 americans. here's adrienne bankert. >> only small time, we were never clowns. >> reporter: from "the fabulous baker boys," to "true grit," to "crazy heart," oscar winner jeff bridges' acclaimed acting career spans over 70 films.

>> i am not mr. lebowski. you are mr. lebowski. i'm the dude! >> reporter: including his iconic turn as "the dude" in the cult classic "the big lebowski." >> careful man, there's a beverage here! >> reporter: the 70-year-old channeling that character when he announced his lymphoma diagnosis. we'll paraphrase for the sake of if teexpletive. he tweeted, "as the dude would say, new information has come to light." lymphoma is a form of cancer that affects the tissues and organs that store and carry white blood cells. the infection fighters in our bodies. the two main types are hodgkin, which spreads in an orderly manner, and non hodgkin, which spreads more randomly. >> hodgkin lymphoma, which is one of the more common types, tends to affect men more than women, tends to affect white men in particular. >> reporter: in all, more than 900,000 americans are living with both types. if caught early enough, doctors say it's highly treatable with che chemotherapy and radiation treatment. >> reporter: david, bridges says his prognosis is good and he feels fortunate.

david? >> we are all pulling for him tonight. adrienne, thank you. when we come back here on the broadcast tonight, news of a deadly police shooting.

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we're learning more tonight after a deadly police shooting in houston. authorities say sergeant harold preston was shot and killed. another officer shot in the arm. officers on the radio could be heard calling for help. >> need an ambulance. shots fired. suspect shot. >> i've been hit. >> just cool down. we're coming for you. >> sergeant preston was a 41-year veteran of the department and a father. the police chief tonight saying preston was able to see his mother at the hospital before he died. the suspect is in custody. when we come back here tonight, u.s. fighter jets intercepting five russian

to the index of other news tonight. five russian military planes intercepted off alaska. american f-22s identifying two russian bombers, two fighter jets and an early warning aircraft within 30 miles of the alaskan coat. they did not interu.s. air space. the russian planes in the area for an hour and a half. and depending how clear it is where you are, the light show in the overnight sky tonight. the annual meteor shower hitting its peak tonight and early tomorrow morning, streaking across the sky every october. they say the best time to watch is from around 1:00 a.m. until dawn. when we come back here tonight, the mother

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finally, the mother of the bride. it was a daughter's wish, robyn getting ready to marry her love, tim, but her mother is in a nursing home. they're trying to keep her safe from the virus. so, they decided to bring the wedding to her. 89-year-old dorothy roberts inside, her daughter outside that window, smiling in her wedding dress. the wedding was held instead at the isabella center for nursing and rehabilitation in washington heights, new york. and they are celebrating robyn's wedding together. robyn and her then-fiance tim williams asked the center if they could hold their wedding outside in the courtyard so mom could witness it. she was right there for the vows, the rings, the kiss. and she's right here tonight. >> hi, david. >> dorothy telling us, she was so honored to be included.

>> i'm so happy to be here, to attend my daughter's wedding. >> hi, david. >> hi, david. >> and the newlyweds, robyn and tim telling us, they could not have done this without dorothy. >> to see my mom in the window, it was more than we could have ever, ever possibly asked for.

we are not out of this pandemic. we still are seeing third waves of increases all over the count country, but we haven't seen that yet in san francisco. as long as we continue to follow the orders and wear our masks and do our part, the better things will be for all of us in our reopening efforts. >> mayor london breed on san francisco becoming the first in the bay area to move to the yellow category in the wake of the coronavirus pandemic. good afternoon. i'm kristen sze. >> i'm dan ashley. thank you for joining us. san francisco is the only county in the bay area in the yellow covid-19 safety that's the least respetrictive tier. >> reporter: san francisco may start to feel alive again. the city officially moving into the yellow tier today granting the least restrictive rules for reopening. here with the big take aways. next