tonight, breaking news in the war in ukraine. what's playing out just outside the capital with russian forces. president zelenskyy speaking just moments ago. and tonight, president biden making no apologies for saying of putin, "this man cannot remain in power." tonight, ukraine saying its military has pushed back the russians near the capital and what zelenskyy said just a short time ago about irpin, just outside the capital. verified drone video published by local media showing that city in ruins. meanwhile, mariupol under relentless russian attacks. the mayor of that city accusing russia of genocide. saying about 5,000 people have been killed. and late today, what president biden said about his own comments about vladimir putin that made global headlines, saying they were personal, not policy.

terry moran in lviv tonight, mary bruce live at the white house, and she asked the president, is he at all concerned about how putin could react to biden's words? here at home tonight, the news coming in tonight after that stunning moment at the oscars seen by millions in the u.s. and around the world. what the academy is now saying tonight about will smith, who won the best actor oscar about 45 minutes after he slapped chris rock. will the academy take action? to the pandemic tonight, and the major headline about a second booster now coming for americans 50 and older. what the fda is set to do as early as tomorrow. major developments in the january 6th investigation. a federal judge now saying former president trump likely committed crimes in efforts to overturn the 2020 election. and news tonight involving supreme court justice clarence thomas' wife. florida governor ron desantis signing what critics call the don't say gay bill, banning teachers from talking

about sexual orientation and gender identity with younger children. tonight, the new storm brewing after a deadly chain reaction pileup on i-81 in pennsylvania. more than 50 vehicles crashing. and ginger zee standing by on this next system now moving in. good evening. we are back from the poland border tonight. it is great to start another week with all of you at home and we begin tonight with the war in ukraine. late today, president biden explaining his words after saying of vladimir putin, "for god sake, this man cannot remain in power." those worlds while still in europe were unscripted. late today, the president said they were personal, not policy. and our mary bruce asking the president, is he at all concerned about how putin could react to those words? and tonight, of course, the breaking headline coming in from ukraine. president zelenskyy saying the ukrainians have taken back the city of irpin from the russians. ukrainian forces say they have liberated that city.

these images tonight of the aftermath of russian bombings, of that key suburb of the capital of kyiv. the ukrainian territorial defense forces releasing this video, they say it shows their forces taking back a small town just outside of kharkiv, as well. and in the town of stoyanka, northwest of the capital, destroyed russian military equipment now dot the fields. but a more dire situation in mariupol continues. the russians threatening to take control there. authorities say about 160,000 people are still trapped there. their homes, their apartment buildings, have been destroyed. little if any food, water or power. we have it all covered tonight, and we begin with the ukrainians and what president zelenskyy said just a short time ago, that they have taken back more territory from the russians. abc's terry moran leads us off from lviv, ukraine, tonight. >> reporter: tonight, ukraine is claiming an important victory in the battle for kyiv. the mayor of irpin says ukrainian forces have now liberated this key suburb of the capital, a linchpin of russia's push to encircle the city, but he added -- "we understand that there will be more attacks on

our city. we will defend it courageously." verified drone video of irpin published by local media shows the terrible toll of the fighting there. in the east, ukraine claims to have retaken control of several villages near the russian border, threatening to cut off russian supply routes. new drone video released by ukrainian territorial defense forces, which they say shows the fierce battle. and tonight, president biden standing by what he said about vladimir putin after saying this in poland -- >> for god's sake, this man cannot remain in power. >> reporter: today, biden insisted he was not announcing any policy change, but simply expressing moral outrage. >> i'm not walking anything back. the fact of the matter is i was expressing the moral outrage i felt. i want to make it clear, i wasn't then nor am i now articulating a policy change. i was expressing the moral outrage that i feel, and i make no apologies for it.

>> reporter: right now, putin is under pressure as his army stumbles on the battlefield. the pentagon confirming that russian forces are now prioritizing securing their gains in eastern ukraine, after the russian ministry of defense said that area was the main goal of the russian invasion all along. still, russian forces continue to pound mariupol in the south. a city of half a million people before the war. officials say about 5,000 have been killed here. the places in ruins. the mayor accusing the russians of genocide. 160,000 residents remain trapped there, including life-long resident, 70-year-old valentina, here walking through the remnants of her destroyed apartment. "what now?" she asks. "what is left for us? there's nowhere to live here." ukrainian president zelenskyy has offered ideas for a peace deal. if russia withdraws its occupied before the invasion, in return, ukraine would pledge neutrality and not join nato. the whole deal would have to be guaranteed by third countries,

possibly including the u.s. diplomats from both sides are in turkey this week for the first face-to-face meeting in more than two weeks. >> and so let's bring in terry moran, he's live tonight in lviv, ukraine. and terry, president zelenskyy spoke just a short time ago on this battle raging near the capital. >> reporter: that's right, david. president zelenskyy saying irpin, that suburb outside of kyiv, has been liberated. and that's significant, because irpin sits on one of the major highways running west out of kyiv. if they can hold it, and that's a big if, it will give kyiv some more breathing room, possible supply route in the future. and it makes that russian goal of encircling kyiv look even less likely any time in the near future. david? >> just extraordinary images tonight. terry moran leading us off. terry, thank you. as you saw terry report there, president biden standing by his comments about vladimir putin while still in europe, saying that this man cannot remain in power. i want to bring in abc's senior white house correspondent mary bruce tonight, because mary, you pressed the president further about whether his words could enflame tensions with the russian leader, if he's at all concerned what putin could do when he hears something like that. let's listen.

>> reporter: you've said that you're confident your comment won't undermine diplomatic efforts, but are you confident that vladimir putin sees it that way? >> i don't care what he thinks. look, he's going to do what he's going to do. putin, look -- >> reporter: but you're not concerned he may see your language and view that as a sign of a reason for escalation, use that as an excuse to escalate? >> given his recent behavior, people should understand that he is going to do what he thinks he should do, period. and the idea that he is going to do something outrageous because i called him for what he was and what he's doing, i think, is just not rational. >> mary, you pressed the president. is he concerned about what putin can do. i'm curious what your sources are telling you about the president's team, are they concerned? and tonight us tthe russians ar also responding? >> reporter: david, tonight, the russians are calling the president's comments alarming and a personal insult. they say it's completely unacceptable. now the white house was quickly -- acted quickly to try to clean this up to make it clear that the u.s. isn't going

to somehow take putin out. the white house knows that the president's words matter, but david, the bottom line is, while this is being criticized as a gaffe, the white house simply doesn't see it that way. the president has no regrets. biden says putin's behavior is unacceptable and he should be able to express his own outrage and frustration. in fact, again today, biden said that putin, quote, shouldn't remain in power. david? >> all right, mary bruce at the white house for us. mary, thank you. we turn now to the other news this monday night, and tonight, news from the academy. what they're now saying about actor will smith, after that stunning moment at the oscars. will smith slapping comedian chris rock after he told a joke about smith's wife, jada pinkett smith. about 45 minutes later, will smith won the oscar for best actor. tonight, what the academy is signaling so far. and here's abc's kayna whitworth. >> oh, wow! >> reporter: it was one of the most shocking moments in the 94-year history of the oscars. actor will smith slapping comedian chris rock on live tv, stunning the audience in the

and at home, millions watching in the u.s. and all over the world. tonight, the academy condemning smith's actions in a new statements, adding, "we have officially started a formal review around the incident and will explore further action and consequences." the slap coming after chris rock made this joke about smith's wife, jada pinkett smith, and her shaved head. >> jada, i love you. "g.i. jane 2," can't wait to see it, all right. >> reporter: will smith appearing to laugh at first. his wife jada clearly not happy with the joke. >> it's -- oh that was a nice one. okay. >> reporter: will smith leaving his seat, walking up to the stage and right up to chris rock. >> oh, wow. >> reporter: the audience stunned in the moment. some there and at home wondering, could this have been part of the show? audio of the confrontation was cut in the u.s., but not abroad and not online. >> will smith just smacked the [ bleep ] out of me. >> keep my wife's name out your [ bleep ] mouth. >> wow, dude. >> yeah.

>> it was a "g.i. jane" joke. >> keep my wife's name out your [ bleep ] mouth. >> i'm going to, okay? that was -- greatest night in the history of television. okay. >> reporter: rock collecting himself, then continuing with his category. diddy taking the stage next. >> okay, will and chris, we're going to solve that like family at the gold party, okay? but right now we're moving on with love. >> reporter: the whole incident leaving host amy schumer to then say -- >> did i miss anything? there's like -- there's like a different vibe in here. >> reporter: tonight, "the new york times" reporting that according to sources, "there were serious discussions about removing smith from the theater" in the 45 minutes between the altercation and the award for best actor. >> will smith!

>> reporter: instead, smith back on stage to a mostly standing ovation, winning his first oscar for "king richard," the story of venus and serena williams and their father's role. >> richard williams was a fierce defender of his family. >> reporter: smith suggesting he, like serena and venus' father, was now protecting his family. >> art imitates life. i look like the crazy father, just like they said. >> reporter: also sharing what fellow oscar winner denzel washington told him during a break. >> denzel said to me a few minutes ago, he said, at your highest moment, be careful, that's when the devil comes for you. >> reporter: smith apologizing to the academy, but not to rock. >> i want to apologize to the academy, i want to apologize to all my fellow nominees. >> reporter: in recent years, jada pinkett smith opening up about her struggles with hair loss. it's unclear if rock knew that. tonight, will smith now

apologizing to chris rock, saying, "violence in all of its forms is poisonous and destructive. my behavior last night was unacceptable and inexcusable. i would like to apologize to you, chris, i was out of line and i was wrong." the smiths have been the target of rock's jokes before. during the oscars so white controversy in 2016, rock's monologue highlighted pinkett smith's decision to boycott the oscars. >> jada's mad her man wasn't nominated for "concussion," i get it. it's not fair that will was this good and didn't get nominated. you're right. it's also not fair that will was paid $20 million for "wild wild west." >> reporter: now, david, it's possible that will smith could face sanctions if the academy finds that his behavior was not in accordance with their standards and by-laws, but also, david, as of now, the lapd says that chris rock has not filed any charges. >> kayna whitworth tonight. thanks, kayna. next tonight, news on the pandemic here and the fda is now

expected to approve a second booster shot now for people, americans over 50. that approval could come as early as tomorrow. here's eva pilgrim. >> reporter: the fda expected to authorize a second booster shot for americans over 50 as early as tomorrow. those shots are likely to be offered, but not formally recommended, leaving it up to people to make their own decision with their doctors based on factors like health and age. >> it's important to have a conversation with your provider about your personal risk, your past medical history, to understand the benefits of an additional dose. >> reporter: and next wednesday, the fda will weigh a second booster shot for the rest of americans, along with the need for a variant-specific booster. >> i would not be surprised, even though there's no guarantee, that we would require an intermittent boosting, somewhat similar to what we see about the requirement of a flu shot each year. >> reporter: the push for a new round of boosters comes amid growing concern the omicron

subvariant could fuel a new surge in cases. ba.2, now the dominant strain in new york city, is on track to become dominant in the u.s. nearly 150 wastewater sites across the u.s. are reporting an increase in covid positive samples of at least 100% or more. >> if things change and we do get a variant that gives us an uptick in cases and hospitalization, we should be prepared and flexible enough to pivot towards going back at least temporarily to a more rigid type of a restriction such as requiring masks indoors. >> reporter: and the fda could authorize that booster for people 50 and older as early as tomorrow. we could see shots going into arms within days, after a sign-off from the cdc. as for the rest of americans, the fda will kick off that discussion next wednesday. david? >> all right, eva pilgrim with us tonight. thank you, eva. now to the january 6th ivestigation. today, a federal judge in

california declaring it is, quote, more likely than not, that president trump broke the law by trying to block congress from certifying the 2020 election on january 6th. trump's private attorney john eastman must now turn over more than 100 documents he's been withholding to the house committee investigating the january 6th attack. and tonight, sources say the committee is also expected to request an interview with ginni thomas, the wife of supreme court justice clarence thomas, over her texts to the trump white house after the election, pressing for efforts to overturn the election. now to florida tonight, where governor ron desantis has signed that bill into law banning instruction on sexual orientation and gender identity with younger children through third grade. abc's victor oquendo in florida tonight. >> show it off, official. >> reporter: tonight, it's official. florida's controversial "don't say gay bill," as it's known by critics, signed into law by governor ron desantis. >> we will make sure that parents can send their kids to school to get an education, not

an indoctrination. >> reporter: the parental rights in education law now banning classroom instruction and discussion about "sexual orientation or gender identity" in grades k through three, and any instruction "that is not age or developmentally appropriate." it's now up to the state to update and define those standards. the law also allowing parents to sue school districts that violate these policies. the bill sparking protests for weeks. >> we say gay! >> reporter: critics argue it will marginalize lgbtq families and prevent schools from helping students in need. democratic state senate wife monica have two daughters, one starting kindergarten this fall. >> my daughters are going to be raised to be incredibly proud of our family, and we will never be silenced. we will never be forced to hide in plain sight. >> reporter: and the law is expected to go into effect on july 1st. david? >> all right, victor oquendo tonight. victor, thank you. when we come back here, the deadly chain reaction on i-81 here in the northeast. more than 50 vehicles. and ginger zee on the next system now coming.

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average temperatures about 20 degrees below where we should be. feels likes will be single digits for much of new england, only 13 in d.c. then that new storm comes across and it is deja vu. just one day removed from last week, so, there's your tuesday afternoon and evening, from kansas city to waco. and look at wednesday, the same spots we were seeing tornadoes just last week will be in the target zone again, david. >> oh, gosh, not again. ginger, thank you, we'll see you tomorrow morning. when we come back, the image of something we haven't seen in nearly two years. for back pain,

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finally tonight here, there were so many other moments at the oscars, moments to celebrate. we cannot forget the other history at the 94th oscars, the welcome history. troy kotsur playing a deaf father in the coming of age movie "coda." the audience signing their applause as kotsur, who is deaf himself, takes the stage. the first deaf male actor to win an oscar. >> this is dedicated to the deaf community, the "coda" community and the disabled community. this is our moment. >> kotsur thanking his late father. >> dad, i learned so much from you. i'll always love you. you are my hero. >> his costar marlee matlin was

the first deaf female actor to win an oscar 35 years ago. >> i just want to thank all of you. >> tonight saying she waited for three decades for another deaf actor to win. >> okay, "coda." >> "coda" winning the night, best movie. and tonight, the american society for deaf children saying, "until now, it was rare to see deaf characters portrayed on screen, let alone cast with deaf actors. we are so proud of you. you are a role model for our deaf children." >> ariana debose, "west side story." >> and the history made last night in the best supporting actress category. ariana debose, winning for her portrayal of anita in "west side story." the same role rita moreno won an oscar for in 1962. this time, debose thanking moreno. >> so grateful, your anita paved the way for tons of anitas like me and i love you so much. >> and debose thanking her family and her mother for

helping her to break barriers. >> my mother, who is here tonight, mama -- i love you with my whole heart and this is as much yours as it is mine. imagine this little girl in the back seat of a white ford focus, look into her eyes, you see a queer, an openly queer woman of color, an afro-latina, who found her strength in life through art. and that's what i believe we're here to celebrate. and so to anybody who has ever questioned your identity, ever, ever, ever, or you find yourself living in the gray spaces, i promise you this -- there is, indeed, a place for us. thank you to the academy and thank you all. >> it was powerful. thank you for watching here on a monday night. i'm david muir. i'll see you right back here tomorrow. good night. >> lawyers wrote the law thatalh

murder. >> years after that murder, the 2018 camp fire, a tireless drafted the law that is supposed to keep us safe. and conserving water is costing customers. >> last night's oscars are the big talk today. one unfortunate moment in particular. for will smith, it is not the oscar he took home but the apology he issued today. what he said to chris rock after slapping him live on stage. >> the storm may still flex a few muscles. abc 7 at 6:00 starts right now. >> building a better bay area. moving forward. finding solutions. this is abc7news. >> turn off the lights peered

wait until late to use common appliances. >> thanks for joining us. when we talk about economic issues being part of building a better bay area, we mean thing able to afford to live here. all of that seems to be getting harder and harder. and it affects all of us. we want you to be prepared as best as possible. leon melendez explains why utility bills are going up and what you can do about it. >> people joke about everything going up except wages to their is a lot of truth to that. >> every ounce of overtime i can get, i got to sees that. >> for people living in san francisco, a temporary 5% water price increase will go into effect april 1. because we are so good at conserving water, the utilities commission has a problem. less water usage means the sf puc is not getting the revenue