AMERICA'S NUMBER ONE NEWS SOURCE. HELLO, EVERYONE. I'M TERRY MORAN TODAY ON ABC NEWS LIVE, OUR HERO FROM THE COLORADO SPRINGS MASS SHOOTING AND SHARING HIS STORY. NOW, HOW THE MILITARY VETERAN SAYS HE HELPED TAKE DOWN THE SHOOTER. AS WE ALSO HEAR FROM WAS ABLE TO BUY A GUN EXCUSE ME. AND NEW DEVELOPMENTS IN THE INVESTIGATION INTO CLASSIFIED DOCUMENTS SEIZED FROM MAR-A-LAGO. OUR JUSTICE DEPARTMENT ATTORNEYS AND DONALD TRUMP'S LAWYERS ARE GOING TOE TO TOE IN A FEDERAL APPEALS COURT TODAY. PLUS, THE VIRAL TRIPLE THREAT CONCERNS WHITE HOUSE BRIEFING TODAY, JOHN . BUT WE BEGIN WITH THE LATEST ON THE MASS SHOOTING IN COLORADO OVER THE WEEKEND. AT THE LGBTQ NIGHTCLUB CLUB Q IN COLORADO SPRINGS. FIVE PEOPLE WERE KILLED AND AT LEAST 19 OTHERS WOUNDED. >> AND 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. NOW THE SUSPECT IS IN CUSTODY. AUTHORITIES ARE EXPECTED TO CHARGE HIM WITH FIVE COUNTS OF FIRST DEGREE MURDER AND FIVE HATE CRIMES. ABC NEWS MORGAN NORWOOD IS ON THE GROUND IN COLORADO SPRINGS WITH THE LATEST. >> THE MAN WHO AUTHORITIES ARE CALLING A HERO SPEAKING OUT. I WASN'T THINKING. I JUST RAN OVER. RICHARD FIERRO, A DECORATED 14 YEAR ARMY VETERAN CREDITED WITH SAVING DOZENS OF LIVES DURING THE NIGHTCLUB MASSACRE IN COLORADO'S RINGS. >> HE'S NOW DESCRIBING THE MOMENT HE TOOK THE GUNMAN DOWN IN PULLING DOWN. I GRABBED THE PISTOL FROM HIM AND I MIGHT TELL HIM, I DON'T THINK THIS GUY WAS BIGGER. AND I JUST KEPT WAILING ON . >> HE'S TRYING TO GET HIS AMMO, HIS GUNS, SURVIVORS, GRATEFUL HE COULD HAVE BEEN A LOT WORSE. >> I COULD BE NOT ABLE TO BE HERE AND SPEAK WITH YOU ON AUTHORITIES NOW HOLDING THE SUSPECT ANDERSON LEE ALDRICH ON HATE CRIMES AND MURDER CHARGES. AND QUESTIONS ON WHETHER COLORADO'S RED FLAG COULD HAVE PREVENTED ALDRIDGE FROM BUYING A GUN CAMERA FOOTAGE. I'M SURRENDERING TO POLICE IN 2021 AFTER ALLEGEDLY MAKING A BOMB THREAT AGAINST HIS MOTHER. >> THOSE CHARGES LATER DROPPED AND HIS RECORD SEALED, WHICH AUTHORITIES SAY ALLOWED HIM TO LEGALLY PURCHASE THAT RIFLE ALLEGEDLY USED IN THE ATTACK. OVERNIGHT, DOZENS GATHERING TO HONOR THE VICTIMS. THE CITY OF COLORADO SPRINGS PROMISING SUPPORT. >> WE ARE IMMEDIATELY EXHIBITING THE RESILIENCE THAT I WOULD HAVE EXPECTED FROM OUR COMMUNITY. WE'RE PROVIDING EMOTIONAL SUPPORT, SYMPATHY TO THE VICTIMS, TO WITNESSES THAT WERE TRAUMATIZED. >> AND MORGAN NORWOOD JOINS US NOW LIVE FROM COLORADO SPRINGS WITH MORE. MORGAN, WHAT MORE ARE WE LEARNING ABOUT THIS VETERAN WHO STEPPED IN, REALLY A HERO AND THE OTHERS WHO HELPED SUBDUE THE GUNMAN? RIGHT. >> YOU KNOW, INCREDIBLE BRAVERY, RIGHT? WE'RE TALKING ABOUT A SUSPECT WHO POLICE SAY WAS ARMED WITH AN AR-15 STYLE RIFLE. YET RICHARD FIERRO, A COMBAT VETERAN, WAS SOMEHOW ABLE TO PULL HIM DOWN BY HIS PROTECTIVE VEST AND THEN BEGIN PUMMELING HIM. HE SPOKE WITH REPORTERS OVERNIGHT AND SAYS THAT AS HE WAS BEATING THAT PARTICULAR SUSPECT, HE WAS YELLING OUT TO THE REST OF THE CROWD LIKE, HEY, GO GET HELP. CALL 911. GIVING THEM INSTRUCTIONS ON HOW TO GET TO SAFETY. AND LOOK, HE WASN'T THE ONLY ONE . THERE WERE AT LEAST TWO OTHER PEOPLE WHO ALSO JUMPED IN TO HELP. BUT WE HEARD THE POLICE CHIEF AND EVEN THE MAYOR SAID YESTERDAY THAT THIS VIBRO UNDOUBTEDLY SAVED A LOT MORE LIVES. I MEAN, IT'S HARD TO IMAGINE, BUT THEY SAY THAT THIS SHOOTING COULD HAVE BEEN A LOT WORSE. >> TERRY, AND MORGAN, THE SUSPECT, WAS DUE IN COURT YESTERDAY FOR HIS FIRST APPEARANCE, BUT THE D.A. SAYS EXCUSE ME, HIS INJURIES WERE SO SIGNIFICANT THAT HE HAD TO STAY IN THE HOSPITAL. >> WHAT DO WE KNOW ABOUT HIS CONDITION? YET? STILL IN THE HOSPITAL FROM WHAT WE'RE HEARING IS SIGNIFICANT, SIGNIFICANT INJURIES AS A RESULT OF THAT TAKEDOWN, WHAT WE'RE HEARING AS WELL. SO APPARENTLY HE THAT BEAT HIM SO BAD THAT HE ENDED UP IN THE HOSPITAL STILL THERE, COULDN'T MAKE HIS FIRST COURT APPEARANCE. WE ARE TOLD THAT HE WILL BE CHARGED WITH THOSE HATE CRIME AND MURDER CHARGES ONCE HE IS RELEASED AND THEN TAKEN INTO CUSTODY. >> TERRY. AND AS NEW DETAILS COME IN, WE'RE LEARNING THAT THE SUSPECT WAS INVESTIGATED IN 2010 FOR ALLEGEDLY MAKING A BOMB THREAT AGAINST HIS OWN MOTHER. >> WE'RE TOLD THOSE CHARGES. WHAT HAPPENED THERE? YEAH, I THINK THAT'S THE BIG QUESTION. I MEAN, THE BIG QUESTION THAT COMES OUT OF THAT PARTICULAR SCENARIO, A LOT OF PEOPLE WANT TO KNOW HOW HE WAS ABLE TO LEGALLY BUY A GUN. AND I MENTIONED IT THERE IN MY PIECE, BASICALLY, THERE WAS A BOMB THREAT SITUATION APPEARS TO BE DOMESTIC INVOLVING HIS MOTHER, ALSO CHARGED WITH KIDNAPPING, MAKING THOSE THREATS. IT LOOKS LIKE MAYBE THOSE CHARGES WERE DROPPED. AND THEREFORE, IN THE STATE OF COLORADO, HIS RECORD WAS SEALED, WHICH, OF COURSE, WOULDN'T SHOW UP ON A BACKGROUND CHECK FOR GETTING A GUN. SO THAT IS THE BIG QUESTION NOW. AND THOSE ARE QUESTIONS THAT WE'RE ASKING AUTHORITIES HOW THIS WAS ABLE TO HAPPEN. BUT THAT APPEARS TO BE SORT OF THE TIMELINE INTO HOW HE WAS ABLE TO LEGALLY PURCHASE THAT GUN, THAT RIFLE THAT WAS USED IN THIS ATTACK, POLICE SAY. >> RIGHT. THAT'S THAT'S A HUGE LOOPHOLE. THERE. >> SO WHERE DOES THE INVESTIGATION GO FROM HERE? YEAH, WE HEARD POLICE TALK ABOUT THIS YESTERDAY. YOU KNOW, THEY WANT TO TALK TO ANYONE AND EVERYONE WHO WAS INSIDE THIS NIGHTCLUB. I MEAN, WE'RE TALKING ABOUT CLUB THAT HAD DOZENS OF PEOPLE INSIDE, EVEN THOUGH IT IS ONE PARTICULAR CRIME SCENE THAT'S PARTICULARLY RELATIVELY LESS COMPLICATED. IN SEVERAL DIFFERENT CRIME SCENES. BUT, LOOK, THEY WANT TO TALK TO ANYBODY THAT WAS INSIDE. WHAT DID YOU HEAR? WHAT DID YOU SEE? YOU KNOW, IF YOU WERE EVEN DRIVING AROUND, THEY WANT TO REALLY PUT TOGETHER THE TIMELINE AND ULTIMATELY THE MOTIVE ON THIS. I GUESS WHAT I'M PARTICULARLY INTERESTED IN, WE KNOW THAT THE FBI IS ON THE GROUND HERE AS WELL. SO IT'LL BE INTERESTING TO SEE IF THERE ARE ANY FEDERAL CHARGES THAT COME OUT OF THIS HERE. WE KNOW THAT THAT SUSPECT WILL FACE THOSE HATE CRIME CHARGES. BUT IT'S INTERESTING TO SEE IF THE FBI OR THE FEDERAL GOVERNMENT WILL TRY TO LAY DOWN SOME OF THOSE FEDERAL HATE CRIME CHARGES. >> ALL RIGHT. IT'S AN IMPORTANT QUESTION THERE IN THAT IN THAT CASE. MORGAN NORWOOD IN COLORADO SPRINGS, THANKS VERY MUCH FOR BEING WITH US. >> WELL, THERE ARE FOUR SEPARATE CASES THAT INVOLVE FORMER PRESIDENT DONALD TRUMP, AND THEY ARE PLAYING OUT IN FOUR COURTROOMS ACROSS THE UNITED STATES TODAY AS HE RAMPS UP HIS THIRD WHITE HOUSE RUN. THOSE CASES INCLUDE THE INVESTIGATION INTO CLASSIFIED DOCUMENTS SEIZED FROM THE FORMER PRESIDENT'S MAR-A-LAGO ESTATE IN FLORIDA. A FEDERAL APPEALS COURT HEARING TODAY ON ARGUMENTS FROM TRUMP'S ATTORNEYS AND FROM THE JUSTICE DEPARTMENT OVER WHETHER TO SHUT DOWN A SPECIAL MASTERS REVIEW OF SOME OF THOSE DOCUMENTS. AND JOINING US NOW FOR MORE , ABC NEWS INVESTIGATIVE REPORTER KATHERINE FATHERS AND ABC NEWS LEGAL CONTRIBUTOR KIMBERLY WELI. SO, KATHERINE, STARTING WITH THE LEGAL BATTLE OVER THE SPECIAL MASTER, BUT HE REMEMBERS THAT MASTER, A SPECIAL MASTER, SOMEONE INDEPENDENT VOICE TO REVIEW THE DOCUMENTS BEFORE THE JUSTICE DEPARTMENT CAN USE THEM. THAT WAS CALLED WAR. THAT WAS ORDERED BY A TRIAL JUDGE IN THIS CASE. THE JUSTICE DEPARTMENT NOW ASKING THE APPEALS COURT TO REMOVE THE SPECIAL MASTER FROM THE CASE. HOW IS THAT GOING TO GO? >> YEAH, LOOK, TERRY, THAT'S RIGHT. SO TRUMP'S LAWYERS WILL BE IN COURT HERE IN THE APPEALS COURT AND THE 11TH CIRCUIT. NOW, ESSENTIALLY, WHAT DOJ HAS BEEN ASKING IS TO REVERSE THIS WHOLE DECISION ON THE SPECIAL MASTER IN THE FIRST PLACE. YOU REMEMBER, THEY DID APPEAL A PORTION OF THIS HAVING TO DO WITH THE CLASSIFIED INFORMATION ,CLASSIFIED DOCUMENTS THAT DOJ WON. NOW, THIS IS ESSENTIALLY TO GET RID OF THE SPECIAL MASTER ALTOGETHER. DOJ WAS AGAINST THIS FROM THE BEGINNING. TRUMP'S LAWYERS ARE ACTUALLY THE ONES WHO REQUESTED THE SPECIAL MASTER, EVEN THOUGH ALONG THE WAY THEY'VE TAKEN ISSUE WITH SOME OF THE SPECIAL MASTERS DECISIONS. TRUMP'S LAWYERS HAVE ARGUED, TERRY, THAT THEY BELIEVE SOME OF THESE DOCUMENTS THAT THE FORMER PRESIDENT RETAINED AT HIS CLUB WERE HIS, EVEN THOUGH DOJ SAYS THEY WERE THE PROPERTY AND ARE THE PROPERTY OF THE EXECUTIVE BRANCH. TRUMP'S LAWYERS HAVE ALSO SAID THAT THEY BELIEVE SOME OF THESE DOCUMENTS COULD BE PRIVILEGED. THEIR DEFENSE OF TRUMP'S HANDLING OF THESE DOCUMENTS HAS SHIFTED OVER TIME. BUT THIS HEARING WILL BE INTERESTING. IT'S SET TO START IN ABOUT AN HOUR FROM NOW. THIS WILL BE THE FIRST TIME, TERRY, THAT TRUMP'S LAWYERS AND THE DEPARTMENT OF JUSTICE LAWYERS ARE IN COURT RELATED TO THE MAR-A-LAGO DOCUMENTS FOLLOWING AG GARLAND'S APPOINTMENT OF A SPECIAL COUNSEL TO OVERSEE THE ENTIRE INVESTIGATION. >> RIGHT. SO THERE'S THIS NOW INDEPENDENT SPECIAL COUNSEL, INDEPENDENT PROSECUTOR THAT IS BASICALLY HANDLING THIS INVESTIGATION. SO WHAT OTHER CASES TODAY ARE TRUMP'S ATTORNEYS HANDLING? >> YES. SO IN ADDITION TO THIS BIG ONE , HIS LAWYERS ARE IN COURTROOMS ACROSS THE COUNTRY. TERRI, IN MULTIPLE DIFFERENT ARENAS. RIGHT. WE HAVE TWO. THEY'RE IN COURT TODAY AS IT RELATES TO THE TRUMP ORGANIZATION, THE CRIMINAL INVESTIGATION, THE TRUMP ORGANIZATION AND THE CIVIL INVESTIGATION. YOU ALSO HAVE THE COLUMNIST, EUGENE CAROL. THERE'S A HEARING IN HER CASE TODAY, HER DEFAMATION CASE THAT SHE BROUGHT AGAINST THE FORMER PRESIDENT . THIS ALL REPRESENTS THE LEGAL CLOUDS THAT HAVE BEEN HANGING OVER HIM FOR A WHILE, BUT ESPECIALLY AS HE'S LAUNCHED HIS 2020 FOUR ELECTION BID FOR PRESIDENT . TRUMP HAS BEEN TOLD BY HIS ADVISERS THAT IF HE WERE TO ANNOUNCE AS EARLY AS HE DID THAT THESE INVESTIGATIONS WILL JUST GO AWAY. >> BUT THAT'S CLEARLY NOT THE CASE. THAT'S NOT GOING TO HAPPEN. >> BUT LET ME GO TO KIMBERLY ON THE QUESTION OF THE SPECIAL COUNSEL WHO IS NOW HANDLING THE MAR-A-LAGO DOCUMENTS CASE. AND AN INVESTIGATION COMING OUT OF THE JANUARY 6TH INSURRECTION WAR. TRUMP'S EFFORTS TO OVERTURN THE ELECTION CRIMINAL IS ESSENTIALLY THAT THOSE SEEM LIKE TWO VERY DIFFERENT CASES. >> WHAT DO YOU THINK OF THE SPECIAL COUNSEL'S ROLE HERE AT AND HOW MUCH TROUBLE IS THE FORMER PRESIDENT IN? >> WELL, ON THE MAR-A-LAGO PIECE, THIS IS WHY I THINK THE HEARING TODAY THAT KATHERINE DISCUSSED IN THE APPEALS COURT RELATING TO THE SPECIAL MASTER, NOT SPECIAL COUNSEL, SPECIAL MASTER REGARDING THE DOCUMENTS IS IMPORTANT. THE JUSTICE DEPARTMENT IS SAYING WE CANNOT MAKE A DECISION AND WE CAN'T MOVE FORWARD ON POSSIBLE INDICTMENTS OR EVEN MOVE FORWARD IN THE INVESTIGATION IF WE CAN'T ACTUALLY LOOK AT THE DOCUMENTS THAT WERE SEIZED IN FLORIDA. >> AND JUST TO BE CLEAR , NO REGULAR PERSON WALKING DOWN THE STREET EVER WOULD GET THE KIND OF EXTRA SPECIAL TREATMENT DONALD TRUMP IS GETTING THROUGH THIS SPECIAL MASTER PROCESS IN NEW YORK . MY GUESS IS HE WILL LOSE AND THE JUSTICE DEPARTMENT WILL BE ABLE TO MOVE FORWARD WITH THAT INVESTIGATION. AS FAR AS THE JANUARY SIX INVESTIGATION THAT'S BEEN GOING ON FOR A COUPLE OF YEARS, WE KNOW, JACK SMITH HAS BEEN AT THE HAGUE FOR A WHILE. HE'S STILL THERE BECAUSE HE HAD AN INJURY. IT'S UNLIKELY THAT HE IS BEING CALLED BACK BY MERRICK GARLAND IN THIS MOMENT TO JUST QUIETLY WRAP THINGS UP. I THINK THE EVIDENCE IS PUBLIC THAT THERE'S PROBABLY ENOUGH TO CHARGE JUST FROM WHAT WE KNOW IN BOTH INSTANCES, INTENT DOES NOT REQUIRE SOME SMOKING GUN. WE KNOW DONALD TRUMP WAS INTERESTED IN OVERTHROWING THE ELECTION. HE'S CONTINUING TO STATE THAT PUBLICLY. AND FOR MAR-A-LAGO, WE KNOW HE TOOK THE DOCUMENTS, DIDN'T RETURN THEM. THESE ARE NOT COMPLEX LEGAL ISSUES, REALLY. THE QUESTION IS WHETHER A JURY WOULD DECIDE, NOTWITHSTANDING THE FACT THAT THIS IS SOMETHING THAT AMERICA SHOULD MOVE FORWARD WITH TO CONVICT A FORM OF A FORMER PRESIDENT THAT'S HEAVY DUTY STUFF, TERRY, AND IT'S REALLY SOMETHING THAT HISTORIANS WILL BE LOOKING AT FOR DECADES. >> AND WE JUST CAN'T PREDICT HOW IT WILL COME OUT. IT REALLY IS A MONUMENTAL CASE. AND KIM, WHAT DO YOU THINK OF WHAT APPEARS TO BE AT LEAST THE HOPE, IF NOT EVEN PART OF THE LEGAL STRATEGY OF DONALD TRUMP, THAT IF HE'S RUNNING FOR PRESIDENT , HE'S SOMEHOW SHIELDED FROM THESE PROSECUTIONS? >> IS THAT WORK? WELL, YOU KNOW, THERE'S SOME THAT SAY THE PRESIDENT SHOULD BE OUTSIDE THE LAW, BUT I DON'T THINK LEGALLY THAT'S GOING TO WORK. HE'S NO LONGER THE PRESIDENT OF UNITED STATES. ARE CERTAIN KID GLOVES THAT HAPPEN IF HE'S IN OFFICE? I THINK HE'S GOING TO CONTINUE TO ARGUE THAT IT'S A WITCH HUNT . WE SAW, FOR EXAMPLE, HE FILED A LAWSUIT IN FLORIDA, BASICALLY CHALLENGING LETITIA JAMES AND THE STATE OF NEW YORK'S ABILITY TO INVESTIGATE HIS ORGANIZATIONS. I MEAN, THIS IS A MAN LEGALLY, IF YOU READ HIS DOCUMENTS ACROSS THESE VARIOUS CASES, WHO BELIEVES HE IS OUTSIDE THE LAW. AND I THINK THE THE BID FOR THE PRESIDENCY IS JUST ANOTHER SORT OF NOTCH IN THAT ARGUMENT. I DON'T THINK IT WILL WIN AND I DON'T THINK IT SHOULD WIN. WE ARE A NATION OF LAWS. WE ARE NOT A MONARCHY. YOU KNOW, THAT'S WHY THE THE REVOLUTIONARIES FOUGHT AND DIED TO HAVE A THREE PART SYSTEM OF GOVERNMENT. NO ONE'S ABOVE THE LAW, INCLUDING PRESIDENTS, INCLUDING FORMER PRESIDENTS. AND I THINK GARLAND UNDERSTANDS THAT AS A AS A FORMER JUDGE OF 27 YEARS FROM THE D.C. CIRCUIT, WHICH IS JUST A NOTCH BELOW THE UNITED SUPREME COURT, HE UNDERSTANDS THE BROADER CONSTITUTIONAL IMPLICATIONS OF THIS PROCESS. >> AND THANKS, KIMBERLY. KATHERINE, THE QUESTION IS , WILL THE VOTERS UNDERSTAND? YOU KNOW, TRUMP HAS HAD A HISTORY OF WHEN HE GETS IN TROUBLE. VOTERS RALLY TO THE REPUBLICAN BASE RALLIES TO HIM. BUT AFTER THOSE MIDTERM ELECTIONS, THERE WAS SOME SENSE THAT REPUBLICAN , CERTAINLY LEADING REPUBLICANS WERE TRYING TO MOVE AWAY FROM TRUMP. HE'S GOING TO GET CHALLENGED IN THESE PRIMARIES. WHAT DO YOU THINK THE IMPACT AT THIS POINT IS OF ALL THESE INVESTIGATIONS OF THE LEGAL TROUBLES HE HAS ON HIS POLITICAL AMBITIONS? YEAH, LOOK, I THINK IT'S HARD TO TELL. I THINK THAT TRUMP HAS ALWAYS CAPITALIZED WITH THE VOTERS ON THESE INVESTIGATIONS. HE'S SAID THINGS LIKE, IT'S JUST A WITCH HUNT. IT'S ALL POLITICAL . HIS CONGRESSIONAL ALLIES HAVE RALLIED BEHIND HIM IN THAT WAY IN THE PAST. SO IN A SENSE, I THINK IT'S TOO EARLY TO TELL. AT THE SAME TIME, REPUBLICANS THAT I'VE BEEN TALKING TO UP ON CAPITOL HILL CURRENTLY THINK THAT, YES, THE BASE IS MOVING AWAY FROM TRUMP. BUT, TERRY, WE'VE WE'VE SEEN THIS BEFORE IN THE WAKE OF OTHER POLITICAL CRISES THAT TRUMP HAS FACED. SO I THINK IT'S JUST KIND OF A WAIT AND SEE. LET'S ASK ME THAT QUESTION THREE MONTHS FROM NOW. >> WE'LL SEE IF IT'S CHANGED. >> SO TRUE. CATHERINE FALDO'S KYM WORTHY, THANKS VERY MUCH. WELL, WE WANT TO TURN NOW TO THE SUSPECT CHARGED IN THE MURDERS OF TWO TEENAGE GIRLS IN DUMPHY, INDIANA. THAT'S SUSPECT RICHARD ALLEN APPEARED TODAY IN COURT WHERE THE JUDGE SAID SHE'S REVIEWING ARGUMENTS OVER WHETHER DOCUMENTS IN THIS CASE SHOULD BE UNSEALED. PROSECUTORS ARE FIGHTING TO KEEP THOSE DOCUMENTS UNDER SEAL. IN PART BECAUSE THEY SAY SOMEONE ELSE COULD BE INVOLVED IN THE TWENTY SEVENTEEN KILLINGS OF THE GIRLS IN THIS CASE. ABC'S ALEX PEREZ HAS MORE FROM DELPHI, INDIANA. >> WELL, WE WERE EXPECTING TO LEARN MORE ABOUT WHAT LED POLICE TO SUSPECT RICHARD ALLEN. BUT THE JUDGE SAYS HE WILL TAKE THE MOTION TO UNSEAL DOCUMENTS INTO CONSIDERATION AND ANNOUNCEMENT DECISION AT A LATER DATE. NOW, 50 YEAR OLD RICHARD ALLEN WAS ARRESTED LAST MONTH AND CHARGED WITH KILLING 13 YEAR OLD ABBY WILLIAMS AND 14 LIBBY GERMAN AT THE TIME OF THE ARREST. PROSECUTORS ASKED TO HAVE COURT DOCUMENTS SEALED AND IT REMAINS A MYSTERY. WHAT EVIDENCE EXACTLY LED POLICE TO ARREST ALLEN. INVESTIGATORS HAD BEEN HUNTING FOR THE GIRLS KILLERS SINCE FEBRUARY OF 2017 WHEN THEIR BODIES WERE DISCOVERED NOT FAR FROM THE HIKING TRAIL WHERE THEY WERE LAST SEEN. AUTHORITIES HAD PREVIOUSLY RELEASED THIS IMAGE OF A SUSPECT THEY SAY WAS FOUND ON LIBYANS PHONE FOR NEARLY SIX YEARS. POLICE SOUGHT THE PUBLIC'S HELP AND SIFTED THROUGH MORE THAN 70000 TIPS. ALLEN'S ARREST, THE FIRST BIG BREAK IN THE CASE. NOW, PROSECUTORS ARGUE KEEPING THOSE DOCUMENTS SEALED IS INTEGRAL TO THE INVESTIGATION. THE JUDGE DID NOT SAY WHEN SHE WILL ANNOUNCE HER DECISION TERRY. >> ALL RIGHT, ALEX PEREZ THANKS FOR THAT FROM INDIANA ON THAT CASE. 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 COMING UP NEXT. ON "ABC NEWS LIVE" STREAMING LIVE AND FREE ON ALL PLATFORMS. >> WELCOME BACK. 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, A NUMBER OF HOSPITALS ARE ALSO FACING A RISE IN RSV CASES. AS COVID-19 CONTINUES TO SPREAD . AND TODAY WE HEARD FROM DR. ANTHONY FAUCI IN WHAT IS LIKELY HIS FINAL WHITE HOUSE BRIEFING ,A 40 YEAR CAREER BEFORE HE RETIRES NEXT MONTH. AFTER THESE DECADES IN 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 YOUR UPDATED COVID-19 SHOT AS SOON AS YOUR ELIGIBLE TO PROTECT YOURSELF, YOUR FAMILY AND YOUR COMMUNITY. I URGE YOU 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. >> DR. FAUCI WITH ONE LAST PLEA FOR PEOPLE TO GET VACCINATED. JOINING US NOW, ABC NEWS SENIOR NATIONAL POLICY REPORTER ANNE FLAHERTY. >> SO AND ANTHONY FAUCI TONY FAUCI HIS LAST BRIEFING. WHAT ARE YOUR TAKEAWAYS FROM IT? >> WELL, CERTAINLY, AS WE JUST HEARD, HE WAS TRYING TO CONVINCE PEOPLE TO GET THAT SHOT. HE WAS CITING NEW CDC DATA THAT CAME OUT TODAY THAT SHOWS BY VALENT SHOT IS EFFECTIVE AGAINST THIS VIRUS. AND THAT'S WHAT THEY NEED PEOPLE TO DO TO GET VACCINATED AHEAD OF THIS WINTER. TO PREVENT FURTHER SURGES. YOU KNOW, I THINK WHAT ALSO IS NOTABLE IN THIS BRIEFING TODAY WAS THAT HE TALKED A LITTLE BIT ABOUT HIS LEGACY. HE SAID THAT, YOU KNOW, IT WAS HE ACTUALLY SPENT 54 YEARS IN GOVERNMENT AND AT THE NIH AND HE SAID HE LEFT IT ON THE FIELD. HE DID WHAT HE COULD. HE WORKED AS HARD AS HE COULD. HE ACKNOWLEDGED THAT SOME OF THE RECOMMENDATIONS DURING COVID HAD CHANGED. ALL RIGHT. SO WE HAVE AN AUDIO TROUBLE THERE. BUT WHAT DO YOU SAY ABOUT THAT? >> AND WHEN HE WAS TALKING ABOUT THE HIS LEGACY THERE, HE TALKED ABOUT IF THEY WANT TO REMEMBER ME, JUDGE ME RIGHTLY OR WRONGLY. YOU KNOW, I GAVE IT MY ALL FOR MANY DECADES. AND THIS WAS SOMEBODY WHO SPENT FIFTY FOUR YEARS IN GOVERNMENT SERVICE, COULD HAVE MADE A LOT MORE MONEY OUTSIDE OF GOVERNMENT SERVICE. I DON'T THINK THAT PEOPLE REALIZE THAT HOW MUCH YOU PROBABLY SACRIFICED PERSONALLY TO DO THAT PARTICULAR JOB. BUT HE SAID WHAT REALLY MOTIVATED HIM WAS TO PROTECT PEOPLE AND TO HELP PEOPLE GET THE INFORMATION THAT THEY NEEDED. SO WE HEARD ABOUT HIM TALK ABOUT THAT AND SAYING THAT HE HOPED THAT PEOPLE REALIZED COVID WAS JUST ONE SMALL SLICE OF HIS CAREER, BUT THAT HE WANTED TO PROTECT PEOPLE AND TO GO OUT AND GET THAT SHOT, YOU KNOW, AND IT WAS VERY SURPRISING. SOMEBODY COVERED FAUCI FOR A FEW OF THOSE DECADES, NOT 50 FOR, YOU KNOW, HE WAS AN AMERICAN HERO DURING THE AIDS CRISIS. YOU KNOW, REALLY GETTING THE GOVERNMENT TO PAY ATTENTION TO A DISFAVORED COMMUNITY, A COMMUNITY STILL VERY MUCH IN THE CLOSET. AT THAT TIME, YOUNG GAY MEN WERE BEING WERE DYING, YOU KNOW, IN DROVES. >> AND FAUCI STEPPED FORWARD TO SAY IT'S AN ILLNESS, DON'T CONDEMN PEOPLE WHO HAVEN'T. AND DURING THE EBOLA CRISIS, HE WAS NEVER VERY CONTROVERSIAL UNTIL COVID. AND THEN. RIGHT. SO HE'S TALKING TO ONE LAST EFFORT TO TRY AND PROTECT THE COUNTRY FROM FROM DISEASE. THIS TIME THE HIGH LEVEL FLU LIKE ACTIVITY. WHAT'S HE TALKING ABOUT ON THAT ISSUE? >> RIGHT. SO WE ASKED DR. FAUCI, WHY ARE WE SEEING THIS, THE HIGHEST FLU LEVELS IN A DECADE? SO I THINK WE'VE GOT A CLIP HERE, A SOUND CLIP WHERE YOU CAN TAKE A LISTEN FOR DR. FAUCI IN TWO QUESTIONS. 5% HOSPITALIZATIONS FOR THE FLU AT THIS POINT IN THE SEASON OR THE HIGHEST IN OVER A DECADE. WHY IS THIS SO BAD THIS YEAR? AND HOW MUCH PROTECTION IS THE FLU VACCINE PROVIDING FOR THOSE WHO HAVE GOTTEN IT? YEAH, WELL, LET ME ANSWER THE SECOND QUESTION. FIRST IS THAT THE VACCINE IS WELL MATCHED TO THE CIRCULATING STRAINS. SO THAT, AGAIN, IS ANOTHER REALLY GOOD REASON TO TELL PEOPLE WHAT DR. JHA AND I AND OTHERS HAVE BEEN SAYING ABOUT GET YOUR FLU VACCINE, BECAUSE THAT'S ONE OF THE ISSUES THAT WE'RE GOING TO BE DEALING WITH THIS WINTER, THAT WE CAN DO SOMETHING ABOUT . >> RIGHT. SO, TERRY, THAT YOU KNOW, HIM SAYING THAT THE VACCINE WAS WELL MATCHED TO THIS YEAR'S FLU STRAIN. THAT'S REALLY GOOD NEWS. THE BAD NEWS, OF COURSE, IS THAT IT'S AT HIGHER LEVELS. HE MENTIONED LATER THAT 20 , 20 , 20 , 21 WERE RECORD LOW LEVELS. NOW THAT WE OPENED EVERYTHING BACK UP, EVERYBODY TAKES THEIR MATH OFF. IT'S REALLY NOT A SURPRISE THAT WE'RE GOING TO SEE THIS THIS KIND OF REBOUND IS WHAT HE SAID. >> AND THERE ARE WAYS TO KEEP YOURSELF SAFE AND HEALTHY WITH THOSE SHOTS. THEY WORK. >> I CAN ATTEST TO THAT. AND FLAHERTY, THANKS VERY MUCH. THANKS. >> WELL, COMING UP THERE RUNNETH OVER. SAUDI ARABIA CAUSING A HUGE UPSET ON THE SOCCER WORLD STAGE. SAUDI ARABIA DEFEATED ARGENTINA AND ARGENTINA STAR FOR LITTLE MESSI. HIS REACTION TO THE DEVASTATING BLOW AFTER THIS. >> SO JOIN US . AFTERNOON FOR EVERYTHING YOU NEED TO KNOW. WELCOME BACK TO ABC NEWS LIVE HERE. SOME OF THE TOP HEADLINES WE'RE FOLLOWING TODAY. RESCUE OPERATIONS ARE UNDERWAY ON INDONESIA'S MAIN ISLAND OF JAVA. AFTER A DEVASTATING EARTHQUAKE THERE KILLED AT LEAST 260 PEOPLE, INJURED MORE THAN A THOUSAND OTHERS. OFFICIALS FEAR THAT THOSE NUMBERS COULD BE FAR WORSE AS THE FIVE POINT SIX MAGNITUDE EARTHQUAKE DAMAGED DOZENS OF BUILDINGS, INCLUDING A HOSPITAL, A BOARDING SCHOOL AND OTHER PUBLIC BUILDINGS ARE STILL DIGGING OUT THERE. POLICE ARRESTED THE DRIVER WHO KILLED ONE PERSON AND INJURED 16 OTHERS AFTER PLOWING AN SUV INTO AN APPLE STORE IN MASSACHUSETTS. THE SUSPECT IS NOW CHARGED WITH ONE COUNT OF RECKLESS HOMICIDE BY MOTOR VEHICLE. THE INCIDENT HAPPENED YESTERDAY ABOUT 20 MILES FROM BOSTON. POLICE ARE STILL INVESTIGATING THIS CASE. THEY'VE GOT YET TO GIVE ANY INFORMATION ABOUT A POSSIBLE REASON OR MOTIVE BEHIND THAT CRASH. IF ANY. >> AND TALK ABOUT A TRIUMPH. SAUDI ARABIA SOCCER TEAM STUNNED THE WORLD BY DEFEATING ARGENTINA SOCCER GIANT AND ONE OF THE BIGGEST UPSETS IN WORLD CUP HISTORY. ARGENTINA SUPERSTAR LIONEL MESSI REACTED TO THE LOSS BY HOLDING HIS FACE IN HIS HANDS AFTER SAUDI ARABIA BEAT ARGENTINA TWO TO ONE AND GOOD ON THEM. >> SAUDI ARABIA, THE UPSET ALWAYS LOVE AN UNDERDOG. I'M TERRY MORAN. THANKS FOR JOINING US . REMEMBER, "ABC NEWS LIVE" IS HERE FOR YOU ALL DAY. THE LATEST NEWS, CONTEXT AND ANALYSIS AS WE HEAD INTO THE THANKSGIVING HOLIDAY. HOWEVER, WE DO WANT TO TAKE A MOMENT HERE TO HONOR AND HEAR FROM OUR TROOPS OVERSEAS. GREETINGS FROM CAMP ARIFJAN, KUWAIT. THIS IS CHAPLAIN BRAD ANDERSON. I WANT TO SAY A SPECIAL HAPPY HOLIDAYS TO ALL OF MY FRIENDS AND FAMILY BACK HOME. LOOK FORWARD TO BEING WITH YOU SOON. A SPECIAL WAS BRADY OVER HERE AND HIS REAL 35% BATTERY. ALSATIA, OUT TO MY PARENTS, TANYA AND BOOBOOS BRADY OVER IN MARION COUNTY, KENTUCKY. MICHELLE