the takedown, after a man armed with an assault-style rifle is spotted. senate offices placed on lockdown. officers swarming the area. what they've now revealed. pierre thomas live in washington. tonight, the breaking news involving israel's war with hamas. has president biden now asked for that three-day pause to help get the hostages out? tonight, what axios first reported late today, and tonight, abc news asking the president, did he make that request? his answer right here. matt rivers from israel tonight. here in the u.s., a protest over the war turning deadly. demonstrations between pro-israel and pro-palestinian groups. witnesses say a 69-year-old jewish man hit in the face with a bullhorn. falling backward. his head hitting the pavement. election night in america. the key races across the country. and the issue of abortion driving voters in ohio and virginia. also tonight, the governor's race in kentucky. what these races could signal, one year out from the presidential election. mary bruce standing by. the deadly pileup on the interstate. zero visibility. drivers blinded. the key issue before the supreme court. guns and domestic abuse. is a federal gun ban for domestic abusers unconstitutional? terry moran at the supreme court, and what the justices already signaled today. the wildfires tonight. the state of emergency right now in north carolina. the neighborhoods threatened tonight. also, the fires in virginia, tennessee, and kentucky. the boss is back, and you'll see it. bruce springsteen's surprise appearance at bob woodruff's stand up for heroes. after the boss's health battle, how he sounds. and it wasn't just bruce springsteen. the two performers waiting backstage, and what they performed. it is moving. and how you can help our heroes. america strong tonight. good evening and it's great to have you with us here on a tuesday night. is president biden now asking benjamin netanyahu for a three-day pause to get the hostages out? also, election night in america. what we're watching right now. but we do begin tonight with the tense moments on capitol hill. a suspect armed with an assault-style rifle triggering an emergency. some senate offices on lockdown for a time. and then the takedown. the armed man first spotted in lower senate park across from union station inside of the capitol. witnesses hiding behind parked cars. police approaching the suspect, ordering him to put the weapon down. moving in when he did not comply. several officers taking him into custody. they have now identified the suspect as ahmir merrell, a 21-year-old convicted felon from atlanta. abc's pierre thomas leading us off at the capitol tonight. >> reporter: a security scare sent police in washington scrambling today, putting senate offices on lockdown after a man with a loaded assault-style rifle was spotted on capitol grounds. >> he was holding the gun down as he walked. they ordered him to stop. he did not. >> reporter: law enforcement swarming the scene amid fears sparked by the recent mass shooting in maine, and concerns that the raging war in the middle east could ignite violence here at home. >> he was walking at a fairly slow pace down the sidewalk toward union station. the officers came up behind him. one officer who had a taser tasered him in the back. he fell forward onto his gun. >> reporter: the suspect identified as 21-year-old ahmir lavon merrell, a sex offender from atlanta, taken down in three minutes. >> there is some indication that he may be dealing with some mental health issues. >> reporter: merrell was transported to a local hospital for evaluation, as bomb technicians used a robot to safely retrieve his belongings left on a park bench. david, police say they don't know why this man showed up at the capitol, but there are a number of critical questions, including how did this unstable convicted felon get access to that assault rifle. david? >> david: pierre thomas tonight, thank you. we turn now to israel's war with hamas, and there is a breaking headline tonight. has president biden asked israeli prime minister netanyahu for this three-day pause, to help get the hostages out of gaza? a report late today from axios indicating the request was made during a call. tonight, abc news asking the president about that request for a pause. the president acknowledging he asked for it. it comes one month after the horrific hamas terror attack in israel, and amid this growing civilian death toll in gaza. abc's matt rivers in israel tonight. >> reporter: tonight, the israeli military saying its soldiers are fighting fierce battles in the heart of gaza city. our team on the ground today, moments after a devastating strike in southern gaza, in an area where israel said palestinian civilians would be safe. >> the civilians, we have nothing to do. with what has happened to them. >> reporter: and this all comes tonight as axios was first to report president biden, during a phone call yesterday, asked prime minister benjamin netanyahu for a reported three-day pause in fighting to allow for the release of more hostages. our karen travers asking the president late today about that request for a pause. the president acknowledged he asked for it. >> did you ask the prime minister for a pause? >> i did ask him for a pause in the past. yesterday. >> reporter: moments after that call between the two leaders, david and his exclusive interview with prime minister netanyahu, who said no cease-fire until the hostages are released. netanyahu also making global headlines after telling david after the war, israel will have a security role in gaza for a, quote, indefinite period, once hamas is defeated. something he had not said before. >> david: president biden has said it would be a mistake for israel to occupy gaza. who should govern gaza when this is over? >> those who don't want to continue the way of hamas and certainly not -- i think israel will, for an indefinite period, will have the overall security responsibility, because we've seen what happens when we don't have it. when we don't have that security responsibility, what we have is the eruption of hamas terror on a scale that we couldn't imagine. >> reporter: and tonight, from tel aviv to jerusalem, tearful gatherings, marking one month since 1,400 people were killed in the hamas terror attack in israel. still uncertain tonight, the fate of some 240 hostages, including americans held by hamas. thomas hann's daughter emily, a happy 8-year-old, seen here dancing and playing. >> emily wanted to go and do a sleepover at her friend's. i said, yeah, no problem. everything was fine. >> reporter: that morning of october 7th, hamas terrorists stormed kibbutz be'eri, killing more than 100 people and kidnapping others. days after that attack, authorities telling thomas that emily was dead. but just days ago, another message. emily might still be alive, the government said, likely taken hostage by hamas. >> it blew my mind. it was extremely hard to all of a sudden switch your head around, thinking that she's absolutely dead to absolutely in gaza. now i'm back in the nightmare. being taken out of the kibbutz, taken to gaza. going down into the tunnels of gaza. i can imagine all her terror along the way. >> reporter: as a dad, i mean, that's -- never something you want to imagine for your child. >> no, no. it was -- it was -- like i say, it was easier, thinking that she was dead. this is much harder. >> reporter: thomas describing emily as a gorgeous, sweet little angel. her 9th birthday coming up in just ten days. tonight, sending a message to his daughter. >> be strong. be strong. i know you can be strong. she can survive it. you will survive it. and we'll get you home. and never let you out of our sights again. >> reporter: and david, about that three-day humanitarian pause, israel says it won't even consider it unless hamas releases hostages. david? >> david: matt rivers in tel aviv for us. matt, thank you. back here in the u.s., meanwhile, a protest over the war has turned deadly. pro-israel and pro-palestinian groups both demonstrating. tonight, witnesses say a 69-year-old jewish man was hit in the face with a bullhorn, falling, hitting the pavement. he died at the hospital. abc's matt gutman in california tonight. >> reporter: tonight, authorities investigating the death of a jewish man after he was injured during an altercation at a protest over the war. 69-year-old paul kessler, seen here holding the israeli flag, took part in a small pro-israel demonstration on sunday. at the same time, a larger demonstration for the palestinians. >> the palestinian side, they became very provocative. >> reporter: this witness asking not to be identified, claiming she saw a physical altercation. >> paul got hurt, he got hit with a megaphone, and he fell down. >> reporter: what exactly happened is now under investigation. but what's clear is that kessler fell backward, slamming his head on the pavement. paramedics seen here administering aid. kessler later died at the hospital. authorities say a suspect came forward at the scene and even called 911 for help. >> there was clearly an interaction between the two, but what that level of interaction was is still unclear. >> reporter: they say they've received conflicting witness accounts and have not yet charged or publicly identified the suspect. since the terrorist attacks in israel, tensions here at home have soared. anti-semitic incidents spiking 388%, according to the anti-defamation league. in indiana, a woman was arrested after police say she drove her car into a building she thought was a jewish school, but actually, it belongs to a group known for its extreme anti-israeli views. david, authorities have determined that it was that blow to the back of the head that killed paul kessler, but he did have those injuries to his face. authorities trying to determine exactly how that happened. to that end, they are appealing to the public for any videos of the moment of that altercation. david? >> david: tension across this country on this issue. matt gutman tonight. matt, thank you. it is election night in america. one year now until the presidential election. but there are key races tonight, and the issue of abortion driving voters from ohio to virginia, and what this could signal. mary bruce from ohio tonight. >> reporter: tonight, all eyes on voters from ohio to virginia to kentucky for signs of what's to come in the presidential race, now just one year away. in ohio, a state that's been leaning red, a big test for democrats. voters deciding whether to enshrine the right to an abortion in the state's constitution. preliminary exit polls show they overwhelmingly think abortion should be legal in all or most cases. how important is this issue to you? >> extremely important. it determines whether or not i'm going to continue living here. >> reporter: but for republicans like joyce and john bower, who voted against the amendment, abortion won't be their top issue next year. >> the economy is really bad. i mean, really, it really is. we need to go back republican or maybe an alternative, an independent. i will not vote for biden. >> reporter: in kentucky, a rare democratic governor, andy beshear, challenged by attorney general daniel cameron, who's been eager to tie him to the president. >> joe biden, andy beshear, there's not a dime's bit of difference between them. >> reporter: beshear, keeping his distance from the white house. >> i run as a proud democrat, but you saw, the moment i won, i took that hat off and i served every single family. >> reporter: in virginia, the popular republican governor glen youngkin not on the ballot this year, but campaigning hard for republicans to recapture control of the state legislature. >> hold the house, flip the senate. >> reporter: there, too, abortion top of mind for voters. youngkin says if republicans control the governor's mansion and the state house, they will ban abortion after 15 weeks with exceptions for rape, incest, and life of the mother. >> i think this is a chance for virginia to prove to be a leader to bring people together around one of the most difficult topics in america. and i think we can lead here. >> reporter: david, ohio and virginia are key battleground states, critical to the upcoming presidential election. democrats tonight hoping that abortion will prove to be a powerful motivating issue that will continue to drive voters to the polls. david? >> david: i know you'll be tracking it right into the night for us. mary bruce, thank you. tonight, the deadly pileup in louisiana yet again. drivers blinded by smog and smoke, the collisions closing down parts of interstate 10 east of downtown new orleans. drivers blinded just before dawn today by that fog and smoke from marsh fires. police responding to a number of accidents, at least one person has been killed. it was just last month, seven people were killed in a series of superfog pileups on i-55 outside new orleans. now, to the supreme court tonight.is at issue, a federal law that bans weapons for domestic abusers unconstitutional? demonstrators outside the high court today pushing to uphold the ban to protect victims of abuse. and terry moran tonight on what the justices signaled already. >> reporter: tonight, the u.s. supreme court is taking up a striking question. do people who are under restraining orders for domestic violence still have a constitutional right to own guns? a federal ban has been in place for nearly 30 years. and solicitor general elizabeth prelogar defending the law, arguing -- >> the constitutional principle is clear. you can disarm dangerous persons. >> reporter: this conservative court consistently sides with gun rights advocates, but today, the majority of justices appeared inclined to uphold the federal ban. conservative justice amy coney barrett agreeing. >> someone who poses a risk of domestic violence is dangerous. >> reporter: justice samuel alito spoke up for people who are under domestic violence orders but still want to own guns, asking about -- >> a person who thinks he or she is in danger and wants a firearm. >> reporter: but the facts are grim. an abused woman is five times more likely to die from a domestic abuse situation if a gun is involved. janet paulsen was shot six times by her husband, and she's terrified of what's at stake if the ban is struck down. what would be the consequence? >> you're never going to be safe. >> reporter: while the justices did seem willing to uphold this gun safety law today, there are more big second amendment cases in the pipeline, including challenges to laws that keep firearms out of the hands of convicted felons. david? >> david: terry moran live at the court tonight. terry, thank you. when we come back here, the raging wildfires tonight. the state of emergency right now in north carolina. the homes threatened. in fact, fires burning across several states tonight. also, bruce springsteen's surprise return to the stage for our own bob woodruff, standing up for heroes. you have to see this. i work hard, and i want my money to work hard too. so, i use my freedom unlimited card. earning on my favorite soup. aaaaaah. got it. earning on that éclair. don't touch it, don't touch it yet. let me get the big one. nope. -this one? -nope. -this one? -yes. no. what? the big one. they're all the same size. wait! lemme get 'em all. i'm gonna get 'em all! earn big with chase freedom unlimited. how do you cashback? 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