ONE NEWS SOURCE. EVERYONE, I'M TERRY MORAN. TODAY ON ABC NEWS LIVE, A HERO FROM THE COLORADO SPRINGS MASS SHOOTING IS SHARING HIS STORY. TODD ANT MILITARY VETERAN SAYS HE HELPED TAKE DOWN THE SHOOTER . AS WE ALSO HEAR FROM SOME OF THE SURVIVORS AND THE NEW QUESTIONS ABOUT WHY THE SUSPECT WAS ABLE TO BUY A GUN. AND NEW DEVELOPMENTS IN THE INVESTIGATION INTO CLASSIFIED DOCUMENTS SEIZED FROM MAR-A-LAGO. HOW JUSTICE DEPARTMENT ATTORNEYS AND DONALD TRUMP'S LAWYERS ARE GOING TOE TO TOE IN A FEDERAL APPEALS COURT TODAY. PLUS, THE VIRAL TRIPLE THREAT RAISING HEALTH CONCERNS AHEAD OF THE HOLIDAYS. BUT DR. ANTHONY FAUCI TOLD REPORTERS ABOUT IT AT HIS FINAL WHITE HOUSE BRIEFING TODAY. >> WE'RE GOING TO BEGIN WITH THE LATEST ON THE MASS SHOOTING IN COLORADO OVER THE WEEKEND AT THE LGBTQ NIGHTCLUB CLUB Q IN COLORADO SPRINGS, WHERE FIVE PEOPLE WERE KILLED AND AT LEAST 19 OTHERS WOUNDED. FOR THE FIRST TIME, WE'RE HEARING FROM THE HEROIC ARMY VETERAN WHO HELPED STOP THE SHOOTER, EXPLAINING HOW AND WHY HE TOOK THE GUNMAN DOWN DESPITE BEING UNARMED. >> HIMSELF. >> WELL, NOW THAT SUSPECT IS IN CUSTODY AND AUTHORITIES ARE EXPECTED TO FORMALLY CHARGE HIM WITH FIVE COUNTS OF FIRST DEGREE MURDER. AND FIVE HATE CRIMES. ABC NEWS MORGAN NORWOOD IS ON THE GROUND IN COLORADO SPRINGS AND JOINS US NOW WITH MORE. SO, MORGAN, THIS INVESTIGATION ,WHERE ARE THEY GOING? WHAT DO WE KNOW AT THIS POINT? YEAH, LET'S BEGIN WITH THE SUSPECT. AS WE KNOW, ANDERSON LEE ALDRICH STILL IN THE HOSPITAL WITH WHAT'S BEING DESCRIBED AS PRETTY SIGNIFICANT INJURIES STEMMING FROM THAT TAKEDOWN THAT YOU MENTIONED AT THE TOP OF THE SHOW FROM ARMY VETERAN WHO , AS THOSE BULLETS WERE FLYING, PULLED THE SUSPECT DOWN BY HIS PROTECTIVE VEST AND BEGAN PUMMELING HIM UNTIL POLICE ARRIVED. BUT AS FAR AS THE WORK HERE ON THE GROUND, TERRY, AUTHORITIES ARE STILL, OF COURSE, COMBING THROUGH THE SCENE. YOU SEE THE CRIME SCENE TAPE OF HIM. YOU CAN SEE A LITTLE BIT OF THE POLICE PRESENCE HERE. YOU KNOW, THEY'RE COMBING THROUGH THE SUSPECT'S BACKGROUND. AND SO THIS IS PRETTY SELF-CONTAINED. THEY ARE REALLY DESPERATE TO TALK WITH ANYBODY, SURVIVORS, VICTIMS, EVEN FOLKS WHO WERE DRIVING BY . LOOK, THEY REALLY WANT TO PIECE TOGETHER THIS TIMELINE AND MORE THAN ANYTHING, FIGURE OUT A MOTIVE IN THIS ATTACK. WE ALSO KNOW THAT THE FBI IS INVESTIGATING AS WELL. COLORADO STATE. THERE ARE HATE CRIME CHARGES FOR ALDRIDGE, BUT IT WILL BE INTERESTING TO SEE IF THE FEDERAL GOVERNMENT WILL LAY DOWN ANY FEDERAL HATE CRIME CHARGES. >> SO THAT'S SOMETHING THAT WE'RE KEEPING AN EYE ON AS WELL. TERRY, AND MORGAN, WE ARE HEARING MORE DETAILS FROM EYEWITNESSES, REALLY SURVIVORS WHO WERE AT CLUB Q WHEN THE SHOOTING TOOK PLACE. MANY OF THEM SAY THAT THAT CLUB WAS LIKE A HOME TO THEM. AND DESPITE THE FACT THAT THEY'RE TRAUMATIZED, THEY HOLD THAT PLACE. PRECIOUS JOSHUA THURMON, FOR EXAMPLE, ONE OF THE SURVIVORS OF THE SHOOTING. AND WE HEARD FROM HIM. >> TAKE A LISTEN TO WHAT HE EXPERIENCED AS A BLACK KID, YOU KNOW, TABOO TO BE GETTING SO COMING HERE. THIS IS ONE OF THE FIRST PLACES THAT I ACCEPTED TO BE WHO I AM SUPPOSED TO BE, OUR SAFE SPACE AND THE COMMUNITY SHOULDN'T HAVE TO GO THROUGH SOMETHING LIKE THIS JUST FOR US TO COME TOGETHER. IT WAS IT WAS SO SCARY. I HEARD SHOTS BROKEN GLASS BODY . IT WAS HOW WHY THE UNSEEN INJURIES? MORGAN, YOU'VE BEEN IN THAT COMMUNITY NOW REPORTING SINCE THE SHOOTING HAPPENED. WHAT ARE YOU HEARING FROM SURVIVORS, VICTIMS, LOVED ONES? >> YEAH, TERRY, THAT THAT SOUND WAS JUST SO GRIPPING FOR THE VICTIMS. IT WAS HORRIFIC. I MEAN, THEY TALKED ABOUT THE CARNAGE, BUT THEY ALSO TALKED ABOUT THE COURAGE AS WELL. LISTEN, ONE MAN SAYING THAT AS HE WAS SHOT, HE WAS SHOT IN THE LEG AND THE THIGH, BUT ALL HE COULD THINK ABOUT WAS HELPING OTHERS. HE SAYS THAT HE PULLED OFF HIS COAT AND BEGAN SHIELDING ANOTHER WOMAN AS THOSE BULLETS WERE RINGING OUT. SO WE SEE STORIES LIKE THAT OF RESILIENCE. BUT I HAD A LITTLE BIT OF TIME THIS MORNING TO STOP BY THE MEMORIAL AND THE GRIEF IS SO PALPABLE, YOU CAN FEEL IT IN THE AIR. BUT WHAT WAS REALLY STRIKING TO ME, I SAW, YOU KNOW, FAMILY AFTER FAMILY LAYING DOWN CARDS AND CANDLES AND MOURNING THOSE. BUT AGAIN, WHAT WAS REALLY STRIKING, I SAW THREE YOUNG GIRLS. THEY LOOKED LIKE THEY WERE TRIPLETS, THREE YEARS OLD, MAYBE THREE OR FOUR, PRESUMABLY WITH THEIR MOTHER. SHE WAS TAKING THEM BY THE HAND AND WALKING THEM DOWN THE STREET. TO THAT MEMORIAL AND EXPLAINING TO THEM WHAT EXACTLY WHAT WHAT WAS GOING ON . AND THOSE ARE THE HARD CONVERSATIONS THAT SO MANY LOVED ONES ARE HAVING TODAY BEHIND EVERY SINGLE FACE OF THOSE WHO WERE SHOT AND THOSE WHO WERE KILLED. THERE ARE FAMILY MEMBERS WHO ARE DEALING WITH IMMEASURABLE GRIEF AND IMMEASURABLE HEARTBREAK. BUT FOR THE LGBTQ COMMUNITY AT LARGE , WE HEARD FROM THEM SAYING THAT THEY ARE DEFIANT, THEY ARE GOING TO BOUNCE BACK FOR THEM, BOUNCE BACK FROM THIS, AND THEY ARE NOT GOING TO BE TROUBLED WITH FEAR. THEY'RE GOING TO STAND IN THE FACE OF THIS ADVERSITY. AND SO MANY PEOPLE WHO WE KNOW HATE IS ON THE RISE AND THEY ARE NOT GOING TO BE MOVED BY THAT STORY. >> AND THAT IS WHAT PEOPLE DO TOGETHER. IN THE FACE OF HATE AND OF THIS KIND OF SORROW AND PAIN THAT THEY'RE SUFFERING BECAUSE OF THIS SUSPECT. NOW, THIS GUY WAS INVEST GAITED IN TWENTY , TWENTY ONE FOR ALLEGEDLY MAKING A BOMB THREAT AGAINST HIS OWN MOTHER. WE'RE TOLD CHARGES DROPPED THERE. WELL, COLORADO DOES HAVE RED FLAG LAWS. HOW WAS HE STILL ABLE TO CARRY THE WEAPONS INTO THAT CLUB? >> YEAH, THAT'S A BIG QUESTION THAT SO MANY ARE ASKING. THIS AFTERNOON. TERRY, I WANT TO RUN DOWN A LITTLE BIT OF THE TIMELINE AS FAR AS THAT PARTICULAR ARREST. ACCORDING TO AUTHORITIES, ALDRIN'S MOTHER REPORTED BACK IN JUNE OF 2020 ONE THAT HER SON WAS THREATENING HER WITH SOME HOMEMADE BOMBS AND EXPLOSIVES. POLICE DID NOT FIND ANY EXPLOSIVES WHEN THEY WENT OUT TO THE SCENE, BUT, OF COURSE, HE WAS TAKEN INTO CUSTODY AND CHARGED WITH KIDNAPPING AND MENACING. NOW, WE ARE TOLD THAT THOSE CHARGES WERE DROPPED AND THEREFORE HE DIDN'T NECESSARILY HAVE A RECORD FOR THAT. SO IT WOULDN'T HAVE NECESSARILY SHOWED UP ON A BACKGROUND CHECK FOR GETTING THAT PARTICULAR RIFLE IN WHICH POLICE SAY WAS USED IN THIS ATTACK. BUT THE BIG QUESTION NOW IS , YOU KNOW, FROM WHAT SO MANY PEOPLE ARE SAYING IS , ARE THE RED FLAG LAWS PROTECTING? ARE THEY STRONG ENOUGH? AND SO THOSE ARE THE QUESTIONS THAT WE'RE GETTING FROM PEOPLE HERE ON THE GROUND. TERRY, LOTS OF QUESTIONS STILL TO BE ANSWERED. >> MORGAN NORWOOD IN COLORADO SPRINGS, THANKS. >> WELL, FOUR SEPARATE CASES INVOLVING FORMER PRESIDENT DONALD TRUMP ARE PLAYING OUT IN FOUR SEPARATE COURTROOMS ACROSS THE COUNTRY TODAY. AS HE RAMPS UP HIS THIRD RUN FOR THE WHITE HOUSE. THOSE CASES INCLUDE THE INVESTIGATION INTO CLASSIFIED DOCUMENTS SEIZED FROM THE FORMER PRESIDENT'S MAR-A-LAGO ESTATE IN FLORIDA. A FEDERAL APPEALS COURT IN THAT CASE IS HEARING ARGUMENTS TODAY FROM TRUMP'S ATTORNEYS AND FROM THE JUSTICE DEPARTMENT OVER WHETHER TO SHUT DOWN A SPECIAL MASTERS REVIEW OF SOME OF THOSE DOCUMENTS. WELL, JOINING US NOW FOR MORE , ABC NEWS INVESTIGATIVE REPORTER KATHERINE FATHERS AND ABC NEWS LEGAL CONTRIBUTOR CHANNA LLOYD. SO LET ME BEGIN WITH YOU. THIS LEGAL BATTLE OVER THE SPECIAL MASTER WHO WAS APPOINTED BY THE TRIAL JUDGE IN THIS CASE, THE TRUMP LAWYERS WENT TO A TRIAL JUDGE AND ASKED FOR A TIME OUT IN THE INVESTIGATION SO THAT A SPECIAL MASTER REVIEW, THE DOCUMENTS TAKEN FROM MAR-A-LAGO, MAKE SURE THAT NO PRIVILEGES THAT DONALD TRUMP MIGHT BE ABLE TO CLAIM. >> SO WHAT'S GOING ON IN THE APPEALS COURT TODAY? YES, THIS APPOINTMENT THAT WAS MADE BY JUDGE AILEEN CANNON AT THE REQUEST OF TRUMP'S LAWYERS HAPPENED ABOUT TWO MONTHS AGO HERE. DOJ HAS APPEALED A CERTAIN ELEMENT OF THIS ALREADY, WHICH THEY HAVE ALREADY WON, WHICH HAD TO DO SPECIFICALLY WITH THE CLASSIFIED MARKINGS ON THE DOCUMENTS, THE DOCUMENTS MARKED AS CLASSIFIED. NOW, THIS DOJ APPEAL WAS FOR THE APPOINTMENT OF A SPECIAL MASTER. THEY APPEALED THE WHOLE RULING . GENERALLY SPEAKING, WHAT DOJ IS SAYING IS THAT THERE'S NO NEED FOR A SPECIAL MASTER HERE. THEY'VE ALREADY GONE THROUGH ALL THE DOCUMENTS. THEY SAY TRUMP HAS THIS CLAIM. HE'S CLAIMING THAT THESE DOCUMENTS THAT WERE SEIZED FROM HIS CLUB ARE HIS, THAT THEY COULD BE COVERED BY PRIVILEGE IN SOME WAY. THAT'S WHAT TRUMP'S LAWYERS ARE SAYING. DOJ IS SAYING, NO, THAT'S NOT THE CASE. THESE ARE IN THE POSSESSION. THESE ARE DOCUMENTS THAT BELONG TO THE EXECUTIVE BRANCH. THEY ARE NOT HIS THEY DON'T VIOLATE HIS RIGHTS IN ANY WAY. AND DOJ ESSENTIALLY IS ACCUSED ,THIS JUDGE THAT YOU MENTIONED, OF INTERFERING IN THEIR CRIMINAL INVESTIGATION TERRY. >> WELL, LET ME GO TO SHANNA ON THAT SHOW, ON THIS QUESTION. OF A SPECIAL MASTER REVIEWING THE DOCUMENTS. IT'S CONFUSING TO SOME PEOPLE, I GUESS, WHAT THE JUSTICE DEPARTMENT IS SUGGESTING HERE. CERTAINLY WHAT CRITICS ARE SAYING IS THAT THIS JUDGE APPOINTED BY DONALD TRUMP WAS KIND OF A HOLMER REFEREE, SOMEBODY WHO WAS BENDING OVER BACKWARDS TO TAKE CARE OF DONALD TRUMP'S INTERESTS. IS THAT FAIR? IS THIS COMMON KIND OF SPECIAL MASTERS IN CASES LIKE THIS? >> TYPICALLY, WE DON'T SEE SPECIAL MASTERS APPOINTED TO OVERSEE THE SORT OF DOCUMENTS THE DOJ HAS THIS ABILITY TO GATHER THIS INFORMATION, AND THAT'S HOW THEY'RE COMING UP TO DETERMINE IF THEY'RE GOING TO HAVE AN INDICTMENT COME DOWN. TYPICALLY, IT'S NOT OVERSEEN BY SPECIAL MASTERS, BUT WE HAVE THIS ISSUE OF THEM BEING CLASSIFIED DOCUMENTS THAT'S ADDING A DIFFERENT LEVEL OF CONFIDENTIALITY TO THESE DOCUMENTS. AND PART OF THAT IS WHETHER OR NOT THEY ACTUALLY WERE CLASSIFIED OR WERE HIS PERSONAL DOCUMENTS. SO IT ADDS A DIFFERENT LAYER OF COMPLEXITY TO THIS PARTICULAR INVESTIGATION. >> RIGHT. SO THAT'S BEING SORTED OUT IN THE APPEALS COURT. CATHERINE , THIS IS A BUSY DAY FOR DONALD TRUMP'S LAWYERS. >> WHAT OTHER CASES ARE HIS ATTORNEYS HANDLING TODAY? >> YES, HIS ATTORNEYS WILL APPEAR IN COURTROOMS AS IT RELATES TO THE CIVIL INVESTIGATION INTO THE TRUMP ORGANIZATION AND THE CRIMINAL INVESTIGATION INTO THE TRUMP ORGANIZATION. YOU HAVE AN EX COLUMNIST, EUGENE CARROLL, APPEARING IN COURT FOR A HEARING IN HER DEFAMATION LAWSUIT AND ALSO SAY A BIT RELATED TO THE CASE THAT WE WERE JUST TALKING ABOUT. TRUMP'S LAWYERS ALSO FILED IN COURT WITH THIS JUDGE, JUDGE AILEEN CANNON, ASKING HER TO UNSEAL THE FULL AFFIDAVIT. YOU KNOW, WE'VE TALKED A LOT ABOUT THAT, THE REDACTED AFFIDAVIT. THEY SAY TRUMP HAS A RIGHT TO THAT, TOO. SO LOTS OF LEGAL BATTLES PLAYING OUT FOR TRUMP ALL OVER THE COUNTRY. >> ALL RIGHT. >> AND SHAWNA, FINALLY ON THE SPECIAL COUNSEL, NOT THE SPECIAL MASTER, THAT'S THE SPECIAL COUNSEL, A PROSECUTOR APPOINTED BY THE ATTORNEY GENERAL, MERRICK GARLAND, TO LOOK AT BOTH THIS MAR-A-LAGO CASE INVOLVING CLASSIFIED DOCUMENTS AND THE INVESTIGATION INTO THE JANUARY 6TH INSURRECTION. WHETHER DONALD TRUMP'S EFFORTS TO OVERTURN THE ELECTION VERGED ON THE CRIMINAL, BECAME CRIMINAL, BECAME CRIMES. SO HOW CHALLENGING IS THAT FOR THE SPECIAL COUNSEL AND SHOULD HIS APPOINTMENT CONCERN TRUMP'S ATTORNEYS? I MEAN, THEY WANT TO MAKE SURE THAT THIS IS KEPT ABOVEBOARD, THAT ALL RULES ARE FOLLOWED AND THAT THEY'RE FOLLOWING PROCEDURES. RIGHT. SO THEY'RE LOOKING TO APPOINT SOMEONE WHO CAN OVERSEE ALL OF THIS LITIGATION BECAUSE A LOT OF THEM HINGE ONE ON THE OTHER. AND SO WHAT WE'RE GOING TO SEE IS CERTAIN RULINGS THAT HAVE CERTAIN EFFECTS AND THEY WANT TO MAKE SURE THAT THEY ARE LOOKING AT THE OVERARCHING PICTURE, BECAUSE WHAT WE'RE LOOKING AT IS A FORMER SITTING PRESIDENT WHO IS GOING THROUGH THESE NUMBERS OF CRIMINAL AND CIVIL LAWSUITS. THE EFFECT OF THAT ON HIS ABILITY TO RERUN IS ALSO SOMETHING THAT'S OF QUESTION. >> ALL RIGHT. GET INVOLVED. NATIONAL. LLOYD, THANKS VERY MUCH. ON A BUSY DAY IN THE TRUMP LEGAL SCENE. THANKS SO MUCH. >> WELL, COMING UP, DR. ANTHONY FAUCI SPEAKS AT HIS FINAL WHITE HOUSE BRIEFING. HIS MESSAGE ON KEEPING YOU AND YOUR FAMILY SAFE AND HEALTHY THIS HOLIDAY SEASON. THAT'S COMING UP NEXT.RIME. 20/20 NOW STREAMING ON "ABC NEWS LIVE". WELCOME BACK TO THE CDC SAYS MORE THAN HALF OF THE STATES IN THE COUNTRY ARE REPORTING VERY HIGH OR HIGH LEVELS OF FLU LIKE ACTIVITY. AS WE HEAD INTO THE HOLIDAY SEASON. NO HOSPITALS ARE ALSO FACING A RISE IN RSV CASES AS COVID-19 CONTINUES TO SPREAD. TODAY, WE HEARD FROM DR. ANTHONY FAUCI IN WHAT IS LIKELY HIS FINAL WHITE HOUSE BRIEFING BEFORE HE RETIRES NEXT MONTH. AFTER DECADES OF GOVERNMENT SERVICE. MY MESSAGE AND MY FINAL MESSAGE MAY BE THE FINAL MESSAGE I GIVE YOU FROM THIS PODIUM IS THAT PLEASE, FOR YOUR OWN SAFETY, FOR THAT OF YOUR FAMILY, GET UPDATED. COVID-19 SHOT AS SOON AS YOU'RE ELIGIBLE TO PROTECT YOURSELF, YOUR FAMILY AND YOUR COMMUNITY. I URGE TO VISIT VACCINES NOT JUST TO FIND A LOCATION WHERE YOU CAN EASILY GET AN UPDATED VACCINE AND PLEASE DO IT AS SOON AS POSSIBLE. >> ONE MORE PLEA FROM DR. FAUCI TO GET YOUR SHOTS THERE. ABC NEWS ALEX PEREZ. AND ABC NEWS MEDICAL CONTRIBUTOR DR PATEL JOINS US NOW. SO, ALEX , TONY FAUCI HIS FINAL BRIEFING. WHAT ARE YOUR TAKEAWAYS? WHAT DOES THE FUTURE HOLD FOR HIM? >> WELL, TERRY, SO, I MEAN, I THINK THE BIG TAKEAWAY WAS THAT THIS IS LIKELY TO BE THE LAST TIME THAT WE SEE DR. FAUCI FROM THAT PODIUM. AFTER MORE THAN 50 YEARS OF GOVERNMENT SERVICE. >> BUT ALSO, I MEAN, LISTEN, HIS CAREER IS LARGELY DEFINED FROM THE LAST THREE YEARS AS BEING THE MOUTHPIECE FOR HOW WE'VE KIND OF NAVIGATED THIS PANDEMIC. AND HE'S REPEATED A MESSAGE TODAY THAT WE'VE HEARD HIM REPEAT FROM FROM THAT PODIUM FOR SO MANY DIFFERENT BRIEFINGS OVER THE LAST FEW YEARS. ONCE AGAIN, CHAMPIONING THESE VACCINES. HE ALSO TALKED ABOUT SOME OF THE NEW CLINICAL EFFICACY DATA THAT CAME OUT THIS MORNING. JUST ONCE AGAIN, A PROVING THE VACCINE'S EFFECTIVENESS, ESPECIALLY AS WE HEAD INTO THIS WINTER TIME WHERE A LOT OF PEOPLE ARE GOING TO BE GATHERED. BUT AS FOR YOUR SECOND QUESTION, WHAT DR. FAUCI IS GOING TO BE DOING NEXT, WE'VE HEARD THAT HE MIGHT WORK ON A BOOK OR TWO. WE'VE HEARD THAT HE HAS AN INTEREST IN TEACHING, BUT HE IS ALSO STRESSED THAT THIS IS NOT HIM RETIRING. IT'S JUST FIGURING OUT WHAT'S GOING TO BE NEXT OUTSIDE OF GOVERNMENT SERVICE. MAYBE SOME R AND R. HE'S EARNED IT. DR PATEL. SO HOLIDAY SEASON COMING UP IS GOING TO BE GATHERING MANY OF US WITH FRIENDS AND FAMILIES FOR THANKSGIVING. WHAT ARE HEALTH OFFICIALS RECOMMENDING? >> WHAT ARE THE CONCERNS AND WHAT HE RECOMMENDING? WELL, TERRY, A LOT OF THIS HASN'T REALLY CHANGED FROM WHAT WE'VE BEEN TALKING ABOUT OVER PAST WINTERS. IN TERMS OF MAKING SURE THAT YOU HAVE THOSE UPDATED SHOTS. AS ALEX JUST MENTIONED, DR. FAUCI MENTIONED, WE HAVE NEW DATA SHOWING THAT THE BIOVAIL AND OMICRON SPECIFIC BOOSTER IS ACTUALLY EFFECTIVE AT REDUCING ILLNESS. AND IT'S GOING TO BE EVEN MORE EFFECTIVE AT REDUCING SEVERE ILLNESS, WHICH IS THE GOAL. WE WANT TO MAKE SURE PEOPLE ARE OUT THERE GETTING THEIR FLU VACCINATIONS THAT THEY HAVEN'T ALREADY. AND WHAT IS REALLY IMPORTANT THING THAT PEOPLE NEED TO REMEMBER IS THAT IF YOU HAVE ANY TYPE OF COLD OR FLU SYMPTOM, YOU SHOULD STAY AWAY FROM OTHERS. I KNOW IT'S TEMPTING TO RING HOLIDAY GATHERINGS AND YOU YOURSELF SHOULD BE TEMPTED TO STAY HOME. WE HOSTED A FRIEND'S GETTING THERE WAS A LOT OF GOOD DISHES THERE, BUT THE VIP OF THE FRIENDS GIVING OUR TWO FRIENDS WHO STAYED HOME BECAUSE THEY WERE SICK. THAT'S WHAT YOU WANT TO DO. >> WE ARE SEEING SURGES ACROSS THE COUNTRY. WE DO NOT WANT TO SEE THEM GET WORSE. SO JUST BE EXTRA, EXTRA AWARE AND CAUTIOUS. AND DOCTOR, IS THE RISE IN RSV CASES IN THE FLU, TOO? SO WE GOT THIS KIND OF TRIPLE WHAMMY GOING OUT. >> THERE ARE THE PARTICULAR AGE GROUPS IN OUR FAMILIES THAT WE SHOULD BE CONCERNED ABOUT THEIR ARTERY. >> YOU WITH RSV, WE HISTORICALLY WILL SEE CHILDREN UNDER THE AGE OF SIX MONTHS WERE EXTREMELY HIGH RISK, INCLUDING THOSE KIDS WHO HAVE UNDERLYING HEART OR LUNG. THESE ARE KIDS WHO ARE PREMATURE. THAT IS WHAT IS FILLING UP THESE HOSPITALS. WE HAVE ABOUT 80% OF PEDIATRIC BEDS FILLED RIGHT NOW. BUT MAKE NO MISTAKE, AT RSV IS ALSO POTENTIALLY SEVERELY SERIOUS IN OLDER ADULTS, AS WELL AS ADULTS WHO HAVE UNDERLYING MEDICAL CONDITIONS. IN FACT, RIGHT NOW, ACCORDING TO THE CDC, THE HOSPITALIZATION RATE OF ADULTS IS NINE TIMES HIGHER THAN IT WAS A FEW YEARS AGO. AND WE HAVE SIMILAR RISK GROUPS AS WELL FOR INFLUENZA UNKOVIC. SO KEEP AN EYE OUT. EVEN IF YOU HAVE MILD SYMPTOMS ,SOMEONE YOU PROTEST, YOU'RE GOING TO GET INFECTED MAY NOT. >> HMM. GOOD ADVICE. WELL, BE CAREFUL AND HAVE A GREAT THANKSGIVING ALEX PEREZ. DR PATEL, THANKS VERY MUCH. >> THANK YOU. YOU TOO. WELL, COMING UP, WE'RE MARKING NATIVE AMERICAN HERITAGE MONTH WITH AN IN-DEPTH LOOK AT A SUPREME COURT CASE THAT INVOLVES INDIGENOUS CHILDREN. IT'S A FASCINATING DILEMMA IN THIS CASE THAT THE COURT WILL RESOLVE. THAT'S UP "ABC NEWS LIVE" CRIME WITH LINSEY DAVIS STREAMING WEEKNIGHTS. WELCOME BACK. AS WE HONOR NATIVE AMERICAN HERITAGE MONTH, WE'RE TAKING A CLOSER LOOK AT A MAJOR CASE BEFORE THE SUPREME COURT OF THE UNITED STATES THAT INVOLVES INDIGENOUS CHILDREN. A LANDMARK LEGAL BATTLE IS UNFOLDING OVER A DECADES OLD LAW THAT REQUIRES STATES TO GIVE PREFERENCE TO INDIGENOUS FAMILIES WHEN PLACING NATIVE AMERICAN CHILDREN WHO ARE UP FOR ADOPTION OR FOSTER CARE. >> DEVIN DWYER HAS OUR STORY. THERE. >> A BLENDED AMERICAN FAMILY IN A FIGHT TO STAY TOGETHER. SO WELL IN DECEMBER, WE HAVE A COURT HEARING AGAIN FOR THE ADOPTION. OUR SON, SISTER. AND IF WE LOSE, SHE WOULD BE TAKEN AWAY. >> DR. JENNIFER BRACKEEN, AN ANESTHESIOLOGIST, AND HER HUSBAND, CHAD, A CIVIL ENGINEER AND STAY AT HOME DAD, ARE PARENTS TO TWO BIOLOGICAL CHILDREN AND TWO NATIVE AMERICAN SIBLINGS. THEY FOSTERED FOR YEARS. >> AND HOW MUCH DO THEY KNOW ABOUT WHAT'S GOING ON ? WE HOPE VERY LITTLE CULTURAL CONSIDERATIONS ARE A CHALLENGE FOR EVERY ADOPTIVE FAMILY. NO MATTER WHAT RACE THEY ARE OR WHAT RACE THEIR CHILDREN ARE EVEN SLEEPING FOR NATIVE FOSTER CHILDREN. >> THOSE CULTURAL CONSIDERATIONS ALSO HAVE A LEGAL DIMENSION. SINCE 1978, THE INDIAN CHILD WELFARE ACT, OR IQUA, HAS SET RULES FOR WHO CAN ADOPT NATIVE AMERICAN KIDS, GIVING PREFERENCE FIRST TO IMMEDIATE FAMILY, THEN A MEMBER OF THE CHILD'S TRIBE, THEN TO AN UNRELATED TRIBE. BEFORE POTENTIAL PARENTS WHO ARE NON-NATIVE AND THE INTEREST IN A YOUNG TRIBAL CITIZEN, THE CHILD AND STAYING WITH HER TRIBE IS A HIGH INTEREST. >> IT'S AN ANSWER TO THE FORCED REMOVAL OF HUNDREDS OF THOUSANDS OF NATIVE CHILDREN FROM THEIR TRIBES OVER GENERATIONS. SEPARATED FROM THEIR FAMILIES AND PLACED IN GOVERNMENT RUN BOARDING SCHOOLS. OR CHRISTIAN CHURCHES THROUGH THE 1960S. THE TRIBES SAY IQUA HAS BEEN CRITICAL TO KEEPING THEIR CULTURES ALIVE AND PROTECTING THEIR SOVEREIGNTY AS INDEPENDENT NATIONS. >> IF YOU START TO REMOVE THE NEXT GENERATION OF ANY SOCIETY, YOU REALLY START TO ERODE THAT SOCIETY. THE INDIAN CHILD WELFARE ACT AND QUITE A STOUT LAW TO GO UP AGAINST. THE JUSTIFICATION TO DEVIATE FROM THAT LAW IS A PRETTY HIGH BAR TO OVERCOME TO FOSTER FAMILIES LIKE THE BROOKINS IQUA, ISABEL PRIOR TO ADOPTION OF CHILDREN THEY'VE NURTURED AND LOVED FOR MOST OF THEIR YOUNG LIVES. IN AN APPEAL TO THE U.S. SUPREME COURT. THE COUPLE SAYS THE LAW IS NOT ONLY UNREASONABLE BUT UNCONSTITUTIONAL FOR HIM TO JUST GET TAKEN AWAY AND MOVE TO SOMEONE HE'S NEVER MET BEFORE WHO IS NOT RELATED TO IT ,DIDN'T SEEM LIKE THE RIGHT THING TO DO. >> AS HIS MOM BY GIVING ADOPTION PRIORITY TO NATIVE FAMILIES OVER WHITE FAMILIES. >> THEY SAY THE LAW DISCRIMINATES ON THE BASIS OF RACE, WHICH DEFINES AN INDIAN CHILD AS A CHILD WHO IS EITHER A TRIBAL MEMBER OR COULD SOMEDAY BECOME A TRIBAL MEMBER BASED ENTIRELY ON BIOLOGICAL . THE BIRKINS MOVE TO ADOPT THEIR SEVEN YEAR OLD SON AFTER FOSTERING HIM FOR MORE THAN A YEAR. BUT DESPITE APPROVAL FROM HIS BIOLOGICAL FAMILY, THE NAVAJO NATION CHALLENGED THE ADOPTION IN COURT UNDER IQUA. >> AFTER A TWO YEAR LEGAL BATTLE, THE TRIBE BACKED DOWN. BUT NOW THE FAMILY IS FIGHTING TO ADOPT HIS YOUNGER SISTER, THEIR FOUR AND A HALF YEAR OLD FOSTER DAUGHTER, WHO STATE OFFICIALS WERE PREPARED TO PLACE WITH A NATIVE FAMILY NEARLY 1000 MILES AWAY BECAUSE THE LAW IN THE STATE SYSTEM, CERTAINLY WE WOULD HAVE BEEN THE FIRST CALL. SO IN OTHER WORDS, YOU'RE SAYING IF SHE HAD NOT BEEN NATIVE AMERICAN, THE FIRST CALL WOULD HAVE BEEN TO YOU? >> 100% NEITHER THE NAVAJO NATION NOR THE CHILDREN'S RELATIVES RESPONDED TO ABC NEWS REPEATED REQUESTS FOR AN INTERVIEW. BUT IN COURT DOCUMENTS, THE TRIBE ARGUES THAT IQUA PROTECTS THE BEST INTERESTS OF INDIAN CHILDREN AND PROMOTES THE STABILITY AND SECURITY OF INDIAN TRIBES AND FAMILIES. THEY ARGUE THE LONG STANDING ADOPTION PREFERENCES ARE NOT BASED ON RACE, BUT ON POLITICAL QUALIFICATIONS FOR TRIBAL CITIZENSHIP. I AM MY ANCESTORS WILDEST DREAMS. >> THIS IS PUNCTUATED AUTUMN ADAMS, A MEMBER OF THE YAKAMA NATION, IS AMONG DOZENS OF FORMER FOSTER YOUTH ASKING THE SUPREME COURT TO UPHOLD THE LAW. >> BEING AMERICAN INDIAN IS NOT A RACIAL MATTER. IT'S A POLITICAL MATTER WHERE MEMBERS OF TRIBAL NATIONS THAT ARE SOVEREIGN NATIONS, SHE SAYS. >> SHE'S AN EQUAL SUCCESS STORY. AFTER LANDING IN THE WASHINGTON STATE FOSTER SYSTEM AT NINE YEARS OLD WHEN HER FATHER DIED BY SUICIDE. >> MY MOTHER AT THAT TIME WAS ADDICTED TO ALCOHOL AND SOME HARD DRUGS. IMMEDIATELY AFTER THAT, ACTUALLY , SHE SPIRALED IN A REALLY DARK HOLE RIGHT BEFORE AUTUMN AND HER YOUNGER BROTHER JOHN WERE TAKEN INTO STATE CUSTODY AND LATER PLACED WITH TRIBAL RELATIVES. >> WHAT WOULD HAVE HAPPENED IF THEY HAD NOT FOUND A RELATIVE TO TAKE YOU? >> MY ASSUMPTION IS THEY WOULD HAVE SPLIT ME AND JOHN UP, POTENTIALLY WITH A NON-NATIVE MORE THAN LIKELY WITH A NON-NATIVE FAMILY. THERE ARE NOT A LOT OF NATIVE FOSTER NATIVE CHILDREN ARE FOUR TIMES MORE LIKELY THAN WHITE CHILDREN. TO BE PLACED IN FOSTER CARE IN THIS COUNTRY MORE THAN A DECADE AGO TO SEVEN PERCENT OF NATIVE FOSTER KIDS WERE PLACED WITH OTHER FAMILY MEMBERS. TODAY, IT'S UP TO 38 PERCENT, AN IMPROVEMENT. EXPERTS TRIBUTE TO EQUA TRIBAL FAMILIES KNOW WHAT THEY'RE DOING. >> YES, THERE ARE CHALLENGES, BUT WHAT WAS HAPPENING IN THE CENTURY BEFORE IQUA WAS JUST SO DETRIMENTAL TO TRIBAL COMMUNITIES. >> AFTER TURNING 19 , AUTUMN WON CUSTODY OF HER TWO YOUNGER SIBLINGS AND SAYS THEIR PERSONAL BOND AND FAMILY TRADITIONS SHOW WHY IQUA MATTERS. >> EVEN TO THIS DAY, WE ARE WORKING ON LEARNING OUR LANGUAGE AND WE STILL CONTINUE TO PRACTICE OUR TRADITIONAL TEACHINGS. BUT THE BIRKINS INSIST EQUAL OPPORTUNITY TO ADOPT DOESN'T HAVE TO COME AT THE EXPENSE OF CULTURE. >> WE DO SHARE A LOT OF COMMON VALUES WITH THE NATIVE AMERICANS AND WE'RE TAKING CARE OF EACH OTHER. THE EMPHASIS ON FAMILY AND THE EMPHASIS ON ELDERS AND CHILDREN OF THOSE IN NEED. >> THE NATION'S 574 TRIBES SAY THE STAKES IN THE BRACKEEN CASE ARE BIGGER THAN ONE FAMILY. IF THE SUPREME COURT STRIKES DOWN AS DISCRIMINATION ON THE BASIS OF RACE, THEY SAY IT COULD UPEND DECADES OF INDIAN LAW TREATING TRIBES AS INDEPENDENT POLITICAL NATIONS. >> IF OUR SOVEREIGNTY IS ERODED, BECAUSE OF THIS CASE, WE'RE GOING TO HAVE A SETBACK THAT WILL TAKE GENERATIONS TO REPAIR IF WE CAN REPAIR IT AT ALL. >> THE BRACKEEN SAY THEIR FOCUS REMAINS ON THEIR FAMILY, HOPING THE NATION'S HIGHEST COURT STRIKES A BALANCE BETWEEN RESPECT FOR TRIBES AND YOUNG CHILDREN. WHO HAVE ALREADY BEEN THROUGH SO MUCH ATTACHMENT IS ONE OF THE MOST IMPORTANT THINGS. AND WE'RE NOT SAYING THAT CULTURE IS NOT IMPORTANT. WE DO BELIEVE CULTURE IS IMPORTANT. BUT IT'S NOT THE MOST IMPORTANT THING. >> A CASE WITH SUCH HIGH STAKES AND WE THANK DEVIN DWYER FOR THAT REPORT. I'M TERRY MORAN. THANK YOU FOR JOINING US . REMEMBER, "ABC NEWS LIVE" IS HERE ALL DAY WITH THE LATEST NEWS, CONTEXT AND ANALYSIS. AND AS WE HEAD INTO THE THANKSGIVING HOLIDAY, WE WANT TO TAKE A MOMENT TO HONOR AND HEAR FROM OUR TROOPS OVERSEAS. >> HI, THIS IS MASTER SERGEANT MICHAEL. I'M CURRENTLY DEPLOYED IN THIS YEAR. AFRICA. I'D LIKE TO SAY HI TO MY WIFE CINDY, MY CHILDREN, BRADEN, TERESA, MAHLON AND ROY AND GILBERT, ARIZONA. HAPPY THANKSGIVING. HELLO. I AM PETTY OFFICER SECOND CLASS DANIEL LITZMAN, STATIONED ABOARD USS TRIPOLI. I WANTED TO GIVE A SHOUT TO MY FAMILY AND FRIENDS, ESPECIALLY MY HUSBAND, WITH YOU ALL. HAPPY THANKSGIVING. I LOVE AND MISS YOU ALL. AND THANK YOU SO MUCH FOR YOUR SUPPORT.