sb-4 into law. that means that troopers could charge and arrest migrants like these behind me for illegally crossing the border. but sheriff shesher says his community doesn't have the force to enforce the sb-4 law. >> it's taking away from the security we're supposed be doing in the county. we don't want to do it. it's going to be impossible. >> reporter: meanwhile, the desperation is mounting. in this disturbing video from last week, a woman is seen holding a young child, while trying to cross the fast-moving rio grande. she repeatedly cries for help. telling the state guard and troopers she is tired and doesn't want to drown. but they don't intervene. an airboat speeds by the saecen. eventually, she makes it safely back to the mexican side.

the migrants are being taken by bus to loredo or del rio to be processed. and greg about will send migrants by bus and by plane to sanctuary cities. several human rights groups have sued to try to stop the measure. margaret? >> thank you. president biden said there's still no deal to bring home american hostages held by hamas in gaza. today, secretary of state antony blinken said hamas is holding up progress and israel would be willing to return to a pause in military operations in return for a hostage release. >> reporter: gaza is gripped with hunger. in the south, lines as far as the eye can see, as people hours for something to eat. according to the u.n., israel has only aloud 10% of the necessary food into gaza, pushing half the population of more than 2 million into

starvation. as the israeli military continues to carry out massive strikes. hands poke out from under the rubble near rafah. this has claimed the lives of 20 palestinians according to the ministry of health. i was with my cousin playing in the street. a rocket exploded and all this rebe rubble fell on top of us. what are intensive talks of a n new cease-fire, hamas' leader saying breakthrough could be coming in the coming days. hamas says it will only discuss a permanent cease-fire. israel says it will only agree to limited humanitarian pauses until all hostages are released and hamas is defeated. those who think we will stop are not connected to reality, prime

minister benjamin netanyahu said. but after three hostages were accidentally killed by israeli soldiers, sparking fury across israel, and putting netanyahu under more pressure to make a deal. and the u.n. security council has, again, delayed a vote on a new resolution to get desperately needed aid into gaza. there's growing hope tonight the u.s. may support the resolution with some changes, despite israel's staunch objections to it. margaret? >> that would be a big statement. thank you. work resumed to remove a more than century old confederate monument at arlington cemetery in virginia. nicole skcanga on the latest fight of con fedfederate histor. >> reporter: a judge has ordered

this symbol to be taken off its pedal at arlington national cemetery. a flash point in a years' long debate, prompting violence in charlottesville in 2017 and protests nationwide. the statue is 1 of nearly 500 confederate symbols, removed, renamed or relocated since june 2015. scott powell is the spokesperson for defend arlington, the group that won a temporary restraining order, stalling the statue's removal. >> this is heavy equipment. this is a tightly packed cemetery. it's easy for there to be, you know, a disruption or a damaging of a gravesite. >> reporter: in a ruling tuesday, after touring the monument site himself, the judge called defend arlington's claims, misinformed or misleading, and ordered the removal to continue. rivka is with the southern

poverty law center. >> after losing that war, decided to try to win a second war, a war of ideas, by putting up these symbols of white supremacy. >> reporter: is that war being fought today? >> that war began after lee sur rey surrendered and is still going on today. >> reporter: a spokesperson for arlington national cemetery said the statue will come down by friday. meanwhile, the virginia plans to move it to new market battlefield state park in the shenandoah valley. margaret? >> thank you. as christmas fast approaches, fire officials warn about the dangers of rechargeable lithium-ion batteries. they are blamed for sparking hundreds of fires, including some that turned deadly. >> it was beyond what we expected. >> reporter: for the first time in 16 years, madalia torres will

spend her days without her partner. he was the father of her children and his artist. >> this is his artwork. >> reporter: he just turned 40 this year. >> i think they knew already, that the explosion was caused by the ebike. >> reporter: this month, he became the 18th person in new york city to die in a fire linked to a lithium lion battery. if these batteries are improperly made or dused -- the results can be explosive. like this flaming battery and charger, lighting up a california garage. and this fire, caused by a failed battery in a children's toy in texas. >> this is all evidence. each one of these caused a massive fire or death or both. these will go from nothing to a sudden explosion of fire. you see first responders not able to get in. >> reporter: gabe knight is with

consumer reports. >> the onus should be on the manufacturer and the seller, it's a little bit of buyer beware. >> reporter: consumer reports' advice -- buy from reputable companies. don't mix different manufacturers batteries and chargers. don't leave them unattended. and don't block your exit path with these devices. madalia hopes that others heed the warnings. elaine quihano, cbs news, new york. >>

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try new robitussin lozenges with real medicine and find your voice. you know? we really need to work on your people skills. toyota is recalling roughly 1 million vehicles because of a defective air bag sensor. the recall affects various 2020 to 2022 camry, carolla, lexus, and highlander models. a short circuit could cause the air bags to malfunction. the sensors prevent the bag from deploying if a small adult or child is

we end tonight with a special gift for some children

who can't be at home for the holidays. here's cbs' janet shanlian. >> reporter: this is where he will spend christmas. an 8-year-old with a blood disorder. surrounded by machines and tubes is not what a child dreams of. at houston's texas children's hospital, there's magic beyond the medicine. >> you like that one? >> reporter: and the 16th floor looks like a high-end holiday store. >> so pretty. so beautiful. >> reporter: there's a barbie-themed tree. the choo choo. sports teams. and sweet treats. each child can choose one for their room. >> i like all of them. >> reporter: decorated by people who won't meet them. >> it is hard. >> reporter: but who will make a difference in their holiday. what would it be to have a tree like this in your room? >> i want to show off to

everybody. >> i like this one. >> is that the one? >> reporter: wilson went with a hot wheel's theme. >> wow. thank you. >> reporter: much more than a christmas tree, it's the stability of tradition at an uncertain time. >> i love it. >> reporter: janet shanlian, cbs news, houston. that's the overnight news for this thursday. for some of you, the news continues. for others, check back later, for "cbs mornings." and follow us anytime at cbsnews.com. from the nation's capitol, i'm margaret brennan. this is cbs news flash. i'm shanelle kahl, in new york.

the prisoner swamped with venezuela landed in the u.s. one said he didn't know if he would ever make it back home. the americans in the deal and escaped conflict, leonard francis, were flown to miami. a judge set a law set to go into effect on january 1st, violated the second amendment. california's attorney general plans to appeal. and ryan gosling has released "ken e.p." including the christmas edition of his hit song from the "barbie" movie, "i'm just ken." i'm shenelle kahl, cbs news, new york. ♪ this is "the cbs overnight news." >> good evening.

i'm margaret brennan in for norah o'donnell. we have details about a major prisoner swap between the u.s. and venezuela. ten americans, including several that the u.s. considered wr wrongfully detained were released from that south american country, for a friend of president nicolas maduro, who is under indictment for narco trafficking. an american fugitive known as fat leonard, who fled the country, before being sentenced for his role in a bribery and corruption case, will be sent back to the u.s. to face justice. the deal is one step in president biden's latest efforts to improve relations with maduro's venezuela, after offering sanctions relief this fall. that country is the source of the largest migrant crisis in the western hemisphere, directly impacting the u.s. border. cbs' ed o'keeffe leads us off at the white house. good evening, ed. >> reporter: margaret, last year, the biden administration

sent a convicted murder back to russia in exchange for brittane gr griner. this time, it was someone who pleaded guilty to ripping off the u.s. navy. but ten americans are now home and a big fugitive is back in custody. president biden, tonight, heralding a deal that caps seven months of talks to get back detained americans. >> we have no higher priority than the release of the ten hostage -- americans being held hostage. >> reporter: among the released, eyvin hernandez, a public defender from los angeles, who had been detained since march 2022. before his release, he sent the president a letter, asking for help and this audio obtained by cbs news. >> there's nothing i want more than my liberty, and the liberty of my fellow brothers and sisters who are currently being held in captivity with us. >> reporter: also coming back to the u.s., leonard francis, who was overseeing one of the biggest bribery

conspiracies in the u.s. navy history before escaping last year. a former military contractor, he pleaded guilty in exchange for classified information and overcharging the military by millions. in exchange, the u.s. sent back alex saad, someone close to maduro, accused by prosecutors of money laundering on behalf of maduro's government. the president defended that move tonight. >> why is it okay for the u.s. to be negotiating with the maduro government and sending back people between the justice department? >> it's okay because we trade americans. people held illegally. i made a deal with venezuela after the re-election. they have maintained the requirements. >> reporter: in venezuela, maduro embraced saad and claimed his friend had been physically and psychologically tortured. u.s. officials deny the claims of torture. the deal drew condemnation that it would embolden maduro. but families of the detainees

released thanked the administration. the mother of one detainee called the officials who negotiated the swap, quote, rock stars. margaret? >> reunited before christmas. thank you, ed. the nation's highest court could find itself wading into presidential politics for the first time in more than two decades. yesterday, the colorado state supreme court ruled that former president donald trump could be removed from that state's primary ballot. cbs' robert costa is following the fallout. >> reporter: former president donald trump fighting back against a ruling in colorado, which found the front-runner ineligible for the state ballot. his lawyers plan to appeal. >> can you believe what's going on in our country? >> reporter: the 4-3 decision, said trump was disqualified for seeking the presidency, due to engagement of insurrection. and called out his direct and express efforts, extorting supporters to march to the capitol.

an appeal will likely pull the supreme court deeper into the 2024 election. >> will they take it? i think most people will say they almost have to. and they have to move superquickly because colorado is going to finalize its ballot in about two weeks. >> reporter: tonight, the former president is asking the supreme court to put off weighing a separate issue, whether presidential immunity protects him in the 2020 election interference case. special counsel jack smith is asking the court to fast track that question. with the first cast ballots in 2024 less than a month away, trump's rivals have weighed in. >> this is intentional. this is what the democrats on the left want. >> we should have this race fair and square, with him on the ballot, just like everybody else. >> reporter: and across the aisle, president biden pulling no punches about january 6th. >> is trump an insurrectionist,

sir? >> let the court make that decision. he supported insurrection. no question about it. >> reporter: my top republican sources say they don't expect trump's rivals to take him on directly about this. but they plan to ratchet up the chaos, of ways to get to questions about trump's electability. >> bob costa, thank you. we turn, now, to the crisis at the southern border of the u.s., where officials say more than 20,000 migrants were processed in the past two days. now, the republican governor of texas is taking aggressive steps to stomacp illegal border crossings. cbs' omar villafranca reports from eagle pass, texas. >> reporter: tonight, thousands of migrants sitting side-by-side in rows, overwhelming border patrol agents. nearly 7,900 migrants were apprehended every day last week across the southern border.

up from an average of 6,000 a day in october. yesterday, more than 10,500 crossed. more than 4,000 alone in the del rio sector. women and children can be seen weaving through sharp wire to claim asylum. the migrants in this staging area, are technically not in federal custody as they await to be processed. texas governor greg about signed sb-4 into law. and if it goes into effect in march, that means that state troopers and deputies could charge and arrest migrants, like these behind me, for illegally crossing the border. but maverick county sheriff says his border community doesn't have the staff to enforce abbott's sb-4 law. >> it's taking away from the security we're supposed be doing in the county. we don't want to do it. it's going to be impossible. >> reporter: meanwhile, the desperation is mounting. in this disturbing video from

last week, a woman is seen holding a young child, while trying to cross the fast-moving rio grande. she repeatedly cries for help. telling the state guard and troopers she is tired and doesn't want to drown. but they don't intervene. an airboat speeds by the scene. eventually, she makes it safely back to the mexican side. the migrants are being taken by bus to loredo or del rio to be processed. and texas governor greg abbott says he will send migrants by bus and by plane to sanctuary cities. several human rights groups have sued to try to stop the measure. margaret? >> omar, thank you. there's

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this is "the cbs overnight news." >> i'm katherine hera in washington. thanks for staying with us. mother nature is putting on quite a display in iceland, and continuing to send fire into the sky. the government says the flow of lava has started to slow, potentially sparing a nearby town that's been evacuated. still, the simmering eruption could last months. sophie sofia is about 30 miles from the capital. >> reporter: this is as close as we could get. it's cloudy this morning. it's hard to see the volcano in the distance. overnight, more lava has been flowing. and the authorities here are asking people not to come to this area. for their safety and to allow scientists and responders to

assess the situation on the ground. authorities here say this eruption does not pose a threat to life. so far, there's no reports of any injuries. the biggest risk for people who live near the volcano are vol volcanic fumes. they can be uncomfortable for elderly people or people with breathing problems. we spoke to a police officer. and she said the priority now is to try to save the town of grindavik. it was evacuated a few weeks ago as a precaution. there's risks now that the lava could damage the town. the police are working on a plan to go back to people's houses and collect the most valuable belongings. so, the people who have been evacuated are probably not going to be able to get back to their

home anytime soon. sofia, bbc news, in iceland. closer to home, christmas is just four days away. a lot of americans are dealing with crime right on their doorstep. so-called porch pirates are stealing packages. about 260 million packages disappeared in the u.s. last year. this year, it could be much worse. janet shanlian is showing how one delivery company is using artificial intelligence or a.i. to fight back. >> reporter: 'tis the season for porch pirates. almost one in four adults had a package stolen in the past 12 months. close to 60 million americans. >> we ship a lot of gifts. every package can be special to the person receiving it. >> reporter: he is the president of texas precious medals. he ships gold and silver. >> this is a one-ounce silver bar. a ten-ounce silver bar. and a 100-ounce silver bar.

>> reporter: it is hefty lifting during the holidays. what does delivery defense do for your company? >> delivery defense helps us identify addresses that are likely targets for porch piracy. >> reporter: at u.p.s. headquarters we got a image how it works. entering the address, the a.i. power program is producing a score. >> for this particular address, we have a score of 9.29. >> reporter: is that high? >> very high. >> reporter: a high score is a high likelihood of successful delivery. based on information from previous deliveries. for addresses with a low confidence store, the merchant can reroute the item to a u.p.s. store or other location. u.p.s. capital president, mark robinson. >> 2% of the addresses would be considered low confidence. we're seeing that represents about 30% of the losses our

customers are having. >> reporter: at texas precious metals, they believe technology can relouis thduce the numbers. >> we have to use every capability to circumvent challenges we run into pit. >> reporter: an effort to make every delivery as good as gold. janet shanlian, atlanta. the people who live in portland, oregon, have more on their minds this holiday season than porch pirates. the city decriminalized the use of certain drugs. and what followed a huge spike in overdose death. adam yamaguchi looked at the impact of this law. >> reporter: it's the middle of the day in downtown portland, oregon. we're on a ride along with the portland bliss bike squad. block after block, foil, syringes, and used narcan canisters in the street. the signs of open fentanyl use

is unescapable. >> he was smoking drugs on the sidewalk. >> reporter: he is not facing arrest or criminal prosecution for openly smoking fentanyl. he hands him a $100 citation. >> they will pay the ticket for you. you want treatment, get treatment. >> reporter: under oregon's drug addiction treatment and recovery act, drugs are decriminalized statewide, to help addicts with treatment. >> everyone has narcan. $100 fine. they're going to offer you treatment or pay the fine for you. >> reporter: calling the help hot line is voluntary, frustrating portland law enforcement. they say without the threat of jail, there's no incentive for people to seek treatment. what sort of impact have you had on what you do every day? >> my whole day is fentanyl. all roads lead to fentanyl in downtown portland. >> reporter: more than 6,000

citations have been filed. and 64% have been ignored. >> the vast majority of people that get the tickets, they just throw them away. >> reporter: a coalition of police chiefs, donors and district attorneys are calling for the recriminalization of drugs. along with adding diversion programs in the court system. >> we don't want to double down on something that's failing. we have had three years of this law that did not deliver on the promise that voters thought they were getting. >> reporter: including d.a. kevin barton. people in the social services will say the process of putting someone in jail is part of the harm they are trying to reduce. >> there's no silver bullet here. we need to create rewards and incentives to get people to engage in treatment. >> reporter: the advocates say it's treated 15,000 individuals at 200 locations. and housing and treatment and rehabilitation programs are opening up. as a result, 68% fewer individuals have been arrested or jailed for drug use or

possession. >> the disease of addiction is not a moral problem. it's a medical problem. >> reporter: christina anderson is program director at volunteers america oregon. the organize has received $1 million in measure 110 funding, and are expanding outreach and services. anderson says decriminalization is the best hope for oregonians struggling with addiction. there's a couple measures that seek to reform and repeal 110. what would that do? >> let's say you repeal 110 and you start to criminalize substance use again. what you have is individuals being incarcerated and not receiving the help that they need. >> reporter: 40 recoveries, just one of the treatment centers but 110. >> i probably wouldn't be sitting here today. >> reporter: and it offered ebony mentorship during her treatment. he said returning to jail wasn't enough to turn her life around. >> because of measure 110, i was

able to change my story and break those chains. and provide a life for myself and my daughter that she wouldn't have had. >> reporter: back on the street, word of the resources is spreading. and he has the chance to change his story. you've been jailed before? >> a couple times. i don't think i belong there. i'm not a criminal. >> reporter: you seem like you're ready for treatment. >> for sure. i've been working on it. this is a perfect resource for me right now. >> reporter: you think you will call the hot line? >> oh, yeah. for sure. >> reporter: i'm adam yamaguchi in portland. the cbs overnight news. we'll be right back. want luxury hair repair that doesn't cost $50? pantene's pro-vitamin formula repairs hair.

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jon lapook reports on a program in new york designed to help. >> reporter: for these high school teenagers, spending the afternoon with people old enough to be their grandparents is a good time. every thursday, a group from the united nations international school visits this skilled n nursing facility, for an afternoon of competition and conversation. >> want to raise -- >> reporter: it's the grainchild of max hoffman, who started playing chess with his family at the age of 4. >> i started thinking during the covid-19 pandemic, when i heard how my grandfather was feeling lonely, i decided to pick up the phone one day and call him. and asked him to play chess online with me. i saw how that improved his mood. i thought, how can i bring this to my community and my seat. >> reporter: that online chess game has gmorphed into 60 students visiting three times a week. much to the delight of lori

james. i'm seeing a lot of talking and little chess playing. does that usually happen? >> sometimes, yeah. that's how you connect to one another. >> reporter: it seems like there's a lot more going on here than just chess. there's dominos and scrabble. but there's a lot of conversation. >> sometimes you don't play bard games at all, we just have conversations. it's really about the connection. we're pleased to be learning from the residents at these homes. >> reporter: maria introduced dario to the game of dominos. >> reporter: you said the people in east harlem, that's where you're from? >> yes. >> reporter: they take dominos very seriously. what do you mean by that? >> when they are playing, they are sure that the domino is shown. it's never down. it's the banter back and forth. >> reporter: there's a little attitude. >> there's a lot of attitude. >> i thought the challenge was to build the most intricate structure so you could knock them down. i found it's a much more complex

game. i won one game. but who is counting? >> reporter: between the chess moves, louise is a and lugo discovered they had both lived in panama. we speak english and sometimes we speak spanish. >> reporter: did it surprise you that students would want to come here and play chess with older people? >> there's a desire on their end to have connection, as well. it's not just the residents wanting to connect with the youth. but the youth wanting to connect with them. >> knowing there's still genuine young people out there, who is willing to come and sit with us, to take the timeout, to connect, generati s before

(female) i grew up in a home that didn't have running water. my shoes always had holes in them. i know how it is to be poor. i listened to a message of dr. stanley's, talking about, you know, how you never really live your life until you actually give it away. he kinda gave me that push to get out there and really do something. ♪♪♪ inengland, a new airship is being promoted as the future of green travel. ian lee reports. >> reporter: you might think it's a blimp.

some have called it the flying bum. but the makers call this the future of flight. >> we have an aircraft that's using helium. using the stuff that blimps use, just to get a little head start against gravity. not enough to float. >> reporter: tom grund dy is getting the concept off the ground. >> why have 16 swimming pools of helium up there? >> reporter: but it's the four engines that push it with the aerodynamic of an airplane. >> a hybrid of an airplane and airship. >> reporter: but the similarities to an airplane, the big, glass windows, give a panoramic view. >> it's like being in the airport lounge than being on the airplane. >> reporter: the aircraft will be fitted out with 100 seats to travel up to 250 miles at 80 miles an hour. >> like a ferry, it can go to a terminal in the middle of a town, rather than having to land at an airport a long way out. >> reporter: how much greener is

air travel on one of these versus an airplane? >> in most cases, 90% fewer emissions. >> reporter: the body of the aircraft is made of a thin, reenforced material that's pretty tough. and when it comes to safety, science has come a long way since the infamous hindenberg disaster. >> everything since 1937, that we've done in aerospace makes this safe. >> reporter: the company hopes airlines will be welcoming you onboard, and flying high before tend of the decade. ian lee, cbs news, bedford, england. that's "cbs evening news" on this wednesday. i'm catherine herridge. ♪ this is cbs news flash. i'm shanelle kaul in new york.

americans that were part of the prisoner swap in venezuela are back in the u.s. one said he didn't know if he would make it back home. the remaining americans in the deal, escaped convict, leonard francis, were flown to miami. a central judge has blocked a california law, banning carrying guns in most public places. the judge said the law violated the second amendment. california's attorney general plans to peal. and ryan gosling has released "ken e.p." including a christmas edition of his hit "ba "i'm just ken." ♪ tonight, breaking news. the biden administration secures a deal with venezuela for the release of ten americans. why the white house is trying to repair relations with the major

oil-producing country. new details about the americans freed and why president biden made the tough call to release the venezuelan's president's alleged money man from u.s. custody. donald trump, back on the campaign trail, after the bombshell court decision that could remove him from colorado's primary ballot. his gop rivals criticizing the move. >> this is a flagrant violation of the rule of law. renewed hope for another cease-fire between israel and hamas, in exchange for release for more hostages. the new warning about lithium-ion batteries. what you need to know for your holiday shopping. so pretty. >> and a hospital's holiday tradition is making spirits bright. >> i love it. ♪

this is "the cbs overnight news." >> good evening. i'm margaret brennan in for norah o'donnell. we begin tonight with new details about a major prisoner swap between the u.s. and venezuela. ten americans were released from the south american country today, in exchange for a close ally of venezuelan president, nicolas maduro. a leader, who himself, is under indictment for narco trafficking. as part of the deal, an american fugitive known as fat leonard, who fled the country, before being sentenced for his role in a bribery and corruption case, will be sent back to the u.s. to face justice. the deal is one step in president biden's latest efforts to improve relations with maduro's venezuela, after offering sanctions relief this fall. that country is the source of the largest migrant crisis in the western hemisphere, directly impacting the u.s. border. cbs' ed o'keeffe leads us off at

the white house. good evening, ed. >> reporter: margaret, last year, the biden administration sent a convicted murder back to russia for brittney griner. this time, it was someone who pleaded guilty to ripping off the u.s. navy. but ten americans are now home and a big fugitive is back in custody. president biden, tonight, heralding a deal that caps seven months of talks to get back detained americans. >> we have no higher priority than the release of the ten hostage -- americans being held hostage. >> reporter: among the released, eyvin hernandez, a public defender from los angeles, who had been detained since march 2022. before his release, he sent the president a letter, asking for help and this audio obtained by cbs news. >> there's nothing i want more than my liberty, and the liberty of my fellow brothers and sisters who are currently being held in captivity with us. coming back to the u.s., leonard francis, who was overseeing one

of the biggest bribery conspiracies in the u.s. navy's history, before escaping last year. a former military contractor, he pleaded guilty in exchange for classified information and overcharging the military by millions. in exchange, the u.s. sent back alex saad, someone close to maduro, accused by prosecutors of money laundering on behalf of maduro's government. the president defended that move tonight. >> why is it okay for the u.s. to be negotiating with the maduro government and sending back people in custody? >> it's okay because we trade americans. people held illegally. i made a deal with venezuela after the re-election. they have maintained the requirements. >> reporter: in venezuela, maduro embraced saad and claimed his friend had been physically and psychologically tortured.

u.s. officials denied the claims of torture. the deal drew condemnation that it would embolden maduro. but the families thanked the administration. the mother of one detainee called the officials who negotiated the swap, quote, rock stars. margaret? >> reunited before christmas. thank you, ed. the nation's highest court could find itself wading into presidential politics for the first time in more than two decades. yesterday, the colorado state supreme court ruled that former president donald trump could be removed from that state's primary ballot. cbs' robert costa is following the fallout. >> reporter: former president donald trump fighting back against a ruling in colorado, which found the front-runner ineligible for the state ballot. his lawyers plan to appeal. >> can you believe what's going on in our country? >> reporter: the 4-3 decision, said trump was disqualified for seeking the presidency, due to engagement of insurrection.

and called out his direct and express efforts, extorting supporters to march to the capitol. this will likely pull the supreme court deeper into the 2024 election. >> will they take it? i think most people will say they almost have to. and they have to move superquickly because colorado is going to finalize its ballot in about two weeks. >> reporter: tonight, the former president is asking the supreme court to put off weighing a separate issue, whether presidential immunity protects him in the 2020 election interference case. special counsel jack smith is asking the court to fast track that question. with the first cast ballots in 2024 less than a month away, trump's rivals have weighed in. >> this is intentional. this is what the democrats on the left want. >> we should have this race fair and square, with him on the ballot, just like everybody else. >> reporter: and across the aisle, president biden pulling

no punches about january 6th. >> let the court make that decision. he supported insurrection. no question about it. >> reporter: my top republican sources say they don't expect trump's rivals to take him on directly about this. but they plan to ratchet up the concerns about the chaos, of ways to get to questions about trump's electability. >> bob costa, thank you. the death toll from the recent east coast storm rose to at least six, after another victim was recovered in maine. in new jersey, more people were rescued from flooded homes today, two days after the region was hit with torrential rain. tonight, the severe weather threat is in the west. let's get the forecast from chris warren, with our partners at the weather channel. >> good evening, margaret. we're tracking a big system that's slow moving and expecting

to bring a lot of rain to california, then some of the inland deserts, into arizona. the slow-moving nature of this is that several inches of rain could fall, leading to mudslides, rockslides. damaging winds are possible with some of the thunderstorms. chances for a white christmas limited to the mountains and, perhaps, to nebraska and some of the dakotas here. what is going to be extremely noticeable on christmas eve and christmas day, is the temperatures relatively warm, into the 50s, for much of the great lakes. there's a lot more news ahead on the "cbs overnight news." ♪

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at the southern border of the u.s., where officials say more than 20,000 migrants were processed in the past 2 days. now, the republican governor of texas is taking aggressive steps to stop illegal border crossings. cbs' omar villafranca reports from eagle pass, texas. >> reporter: tonight, thousands of migrants sitting side-by-side in rows, overwhelming border towns and overwhelming border patrol agents. nearly 7,900 migrants were apprehended every day last week across the southern border. up from an average of 6,000 a day in october. yesterday, more than 10,500 crossed. more than 4,000 alone in the del rio sector. women and children can be seen weaving through sharp wire to claim asylum. the migrants in this staging area, are technically not in federal custody as they await to be processed.

texas governor greg abbott signed sb-4 into law. that means that troopers could charge and arrest migrants like these behind me for illegally crossing the border. but maverick county sheriff says his border community doesn't have the force to enforce abbott's sb-4 law. >> it's taking away from the security we're supposed be doing in the county. we don't want to do it. it's going to be impossible. >> reporter: meanwhile, the desperation is mounting. in this disturbing video from last week, a woman is seen holding a young child, while trying to cross the fast-moving rio grande. she repeatedly cries for help. telling the state guard and troopers she is tired and doesn't want to drown. but they don't intervene. an airboat speeds by the scene. eventually, she makes it safely back to the mexican side. the migrants are being taken by

bus to loredo or del rio to be processed. and texas governor greg abbott says he will continue to send migrants by bus and by plane to sanctuary cities. several human rights groups have sued to try to stop the measure. mrgaret? >> thank you. president biden said there's still no deal to bring home american hostages held by hamas in gaza. today, secretary of state antony blinken said hamas is holding up progress and israel would be willing to return to a pause in military operations in return for a hostage release. >> reporter: gaza is gripped with hunger. in the south, lines as far as the eye can see, as people wait hours for something to eat. according to the u.n., israel has only aloud 10% of the necessary food into gaza, pushing half the population of more than 2 million into

starvation. as the israeli military continues to carry out massive strikes. hands poke out from under the rubble near rafah. this has claimed the lives of 20 palestinians according to the ministry of health. i was with my cousin playing in the street. a rocket exploded and all this rubble fell on top of us. what are intensive talks of a new cease-fire, hamas' leader saying breakthrough could be coming in the coming days. hamas says it will only discuss a permanent cease-fire. israel says it will only agree to limited humanitarian pauses until all hostages are released and hamas is defeated. those who think we will stop are not connected to reality, prime

minister benjamin netanyahu said. but after three hostages were accidentally killed by israeli soldiers, sparking fury across israel, and putting netanyahu uder more pressure to make a deal. and the u.n. security council has, again, delayed a vote on a new resolution to get desperately needed aid into gaza. there's growing hope tonight the u.s. may support the resolution with some changes, despite israel's staunch objections to it. margaret? >> that would be a big statement. thank you. work resumed to remove a more than century old confederate monument at arlington cemetery in virginia. that was built on the site of general robert e. lee's family home. nicole scanga on the latest controversy over confederate history. >> reporter: a federal judge has cleared the way for this symbol of the american confederacy to be hoisted off its 50-foot

pedestal, at arlington national cemetery. a flash point in a years' long debate, prompting violence in charlottesville in 2017 and protests nationwide. the statue is 1 of nearly 500 confederate symbols, removed, renamed or relocated since june 2015. scott powell is the spokesperson for defend arlington, the group that won a temporary restraining order, stalling the statue's removal. >> this is heavy equipment. this is a tightly packed cemetery. it's easy for there to be, you know, a disruption or a damaging of a gravesite. >> reporter: in a ruling tuesday, after touring the monument site himself, the judge called defend arlington's claims, misinformed or misleading, and ordered the removal to continue. rivka is with the southern poverty law center. >> after losing that war,

decided to try to win a second war, a war of ideas, by putting up these symbols of white supremacy. >> reporter: is that war being fought today? >> that war began after lee sur surrendered and is still going on today. >> reporter: a spokesperson for arlington national cemetery said the statue will come down by friday. meanwhile, the virginia governor's office has announced plans to move it to new market battlefield state park in the shenandoah valley. margaret? >> thank you. as christmas fast approaches, fire officials warn about the dangers of rechargeable lithium-ion batteries. they are blamed for sparking hundreds of fires, including some that turned deadly. >> it was beyond what we expected. >> reporter: for the first time in 16 years, madalia torres will

spend the holidays without her partner. he was the father of her children and his artist. >> this is his artwork. >> reporter: he just turned 40 this year. >> i think they knew already, that the explosion was caused by the ebike. >> reporter: this month, he became the 18th person in new york city to die in a fire linked to a lithium-ion battery. if these batteries are improperly made or used -- the results can be explosive. like this flaming battery and charger, lighting up a california garage. and this fire, caused by a failed battery in a children's toy in texas. >> this is all evidence. each one of these caused a massive fire or death or both. these will go from nothing to a sudden explosion of fire. you see first responders not able to get in. >> reporter: gabe knight is with consumer reports.

>> the onus should be on the manufacturer and the seller, it's a little bit of buyer beware. >> reporter: consumer reports' advice -- buy from reputable companies. don't mix different manufacturers batteries and chargers. don't leave them unattended or near flammable items. and don't block your exit path with these devices. madalia hopes that others heed the warnings as she grieves. >> he was practically my best friend. it was real unfortunate. >> reporter: elaine quihano, cbs news, new york. there's an update on the volcano erupting in iceland and volcano erupting in iceland and spectacular new images. ugh, this guy again... pops! ay son! ya got a little somethin' on yuh face. needed a quick shave. quick shave? respect the process! it ain't my dad's razor, dad, it's from gillettelabs. gillette...labs? gillette's ultimate shaving experience. this green bar releases trapped hairs from my face. gamechanga! while the flexdisc contours to it. lookin' smooth. feelin' even smoother.

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we end tonight with a special gift for some children who can't be at home for the

holidays. here's cbs' janet shanlian. >> reporter: this is where he will spend christmas. an 8-year-old with a blood disorder. surrounded by machines and tubes is not what a child dreams of. at houston's texas children's hospital, there's magic beyond the medicine. >> you like that one? >> reporter: and the 16th floor looks like a high-end holiday store. >> so pretty. so beautiful. >> reporter: there's a barbie-themed tree. the choo choo. sports teams. and sweet treats. each child can choose one for their room. >> i like all of them. >> reporter: decorated by people who won't meet them. >> it is hard. >> reporter: but who will make a difference in their holiday.

what would it be to have a tree like this in your room? >> i want to show off to everybody. >> i like this one. >> is that the one? >> reporter: wilson went with a hot wheel's theme. >> wow. thank you. >> reporter: much more than a christmas tree, it's the stability of tradition at an uncertain time. >> i love it. >> reporter: janet shanlian, cbs news, houston. that's the overnight news for this thursday. for some of you, the news continues. for others, check back later, for "cbs mornings." and follow us anytime at cbsnews.com. from the nation's capital, i'm margaret brennan. this is cbs news flash. i'm shanelle kaul, in new york. the six wrongfully detained americans who were part of the prisoner swap with venezuela are

back in the u.s., landing at joint base san antonio last night. one said he didn't know if he would ever make it back home. the americans in the deal and convict leonard francis were flown to miami. a federal judge has blocked a california law, banning carrying guns in most public places. a judge set a law set to go into effect on january 1st, violated the second amendment. california's attorney general plans to appeal. and ryan gosling has released "ken e.p." including the christmas edition of his hit song from the "barbie" movie, "i'm just ken." i'm shenelle kahl, cbs news, new yo it's thursday, december 21st, 2023. this is the "cbs morning news." >> free at last. free at last. thank god almighty, free at last. >> back on american soil.