according to the hamas-run ministry of health. too often, it's the children bearing the brunt of this war. four tiny bodies covered with burns from a strike on a crowded refugee camp now cram this one hospital bed. palestinians hoping for safety head to u.n. schools. but the fighting still reaches them as israel expands its offensive into central gaza's refugee camps. witnesses say an israeli shell hit this classroom, killing people while they slept. "they tell you there are green zones, but these are all rumors. there are no safe zones in gaza," he says. israel defense forces have not commented. israel continues to tell palestinians to move south towards rafah, but its focus is also on the northern border. the idf says it targeted hezbollah forces in lebanon after it said the militants fired dozens of rockets into israel.

and tonight, jericka, israeli war cabinet minister benny gantz issued a direct warning threatening stronger military force against hezbollah if the world doesn't stop the lebanese militants. >> ian lee, thank you. a major win for apple. a u.s. appeals court paused a ban on the newest smart watches. the tech giant can keep selling its series 9 and ultra 2 watches until at least january 10th. that's when u.s. customs are set to determine if the redesigned watches still infringe on a medical maker's pat im patents. in october they ruled apple illegally used blood technology for the new watches. tonight we're learning details about the mysterious deaths of a pregnant teenager and her boyfriend. the bodies of 18-year-old savannah soto and the father of her child were found in a car yesterday afternoon with gunshot wounds.

cbs' cristian benavides spoke to her mother about the horrifying scene. >> i don't want to believe that she is gone. it hurts too much. she was my only daughter. >> reporter: 18-year-old savannah soto was nine months' pregnant. she and her boyfriend, 22-year-old matthew guerra were reported missing on saturday after they didn't show up for an appointment to induce labor. >> she was shot. and all that was going through my mind was the baby, the baby still alive? what was she thinking? was she crying out for me. >> reporter: soto's family says the couple was found late yesterday inside a locked car in a parking lot about three miles from where they lived. police said the bodies had been there for three or four days. soto's brother told cbs news the family was tipped off to the location of the car, and he arrived to the scene at the same time as the police. he told us savannah soto was in the front seat with a baby carrier, and guerra was this the back seat. he said both were shot behind the right ear.

police say they are looking for a suspect. they're investigating it as a murder but have not released a motive. >> what we're looking at right now is a very, very perplexing crime scene. and detectives right now are looking at this as a possible murder, but we don't know for sure. >> reporter: soto's family is looking for answers. her mother wonders if the tumultuous relationship between her daughter and her boyfriend was a factor. >> as far as what happened to her, i think it has something to do with him and things that he was doing, not my daughter. >> reporter: we've reached out to guerra's family and have not heard back. there is a vigil scheduled to take place here at this park near the family home tomorrow in honor of savannah soto and her unborn child who she planned to name fabian. jericka? >> cristian, thank you. the "cbs overnight news" will be right back.

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well, tonight a pentagon official tells cbs news that the military has started reviewing the discharge papers of veterans who were kicked out over their sexual orientation. the initiative was announced in september after a year-long cbs news investigation into the negative impact of those less than honorable discharges. cbs' jim axelrod sat down with one veteran he met a year ago whose life has changed for the better. >> reporter: on the very same day the pentagon announced it was taking steps to help lgbtq veterans -- >> dod will for the first time begin proactively reviewing the military records of veterans discharged because of their sexual orientation. >> reporter: donny ray allen, a marine corps vet was taking a huge step of his own. >> what's up, beautiful people. i just thought on the anniversary of the repeal of "don't ask, don't tell" that i

would inform you guys that today i registered for my first ever college courses. >> reporter: a dream he gave up in 1998 when he was kicked out of the military during "don't ask, don't tell." the policy banning gay and lesbian troops from serving openly. we first sat down with allen last year. >> it's like if you put your hand on your hip, if you sit with your legs crossed. it was always the witch hunt was always around no matter what during those times in the military. >> reporter: since then, we followed donny ray allen's pursuit of a discharge upgrade. >> right now i am an honorably discharged united states marine corporal. >> reporter: and with it those life-changing benefits. could you be doing what you're doing now with your life? could you have gone back to school? >> no. >> reporter: without the gi bill? >> no, absolutely not. >> reporter: cbs news spent months documenting the impact of having an other than honorable discharge. >> it hurt. because my country is telling me i'm not good enough to serve because of who i love.

not because of anything else, just because of who i love. >> reporter: just last month, allen's friend amy long got word her honorable discharge came through. allen spoke for her and thousands of others. >> it made me proud to be an american in a sense that actually finally our government is looking at us and being you are a valid reason for us to do this. >> reporter: how long had it been since you felt that kind of pride? >> i graduated boot camp june of 1994. that would probably be the last time. >> reporter: jim axelrod, cbs news, charleston, south carolina. project consequences behind project consequences behind a do you shop for vitamins at walmart? force factor products powerfully improve your health, but they're also delicious, easy to use and affordable. that's why force factor is now the number one best selling superfoods brand in america. unleash your potential with force factor at walmart. this new charmin ultra soft smooth tear

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but with prilosec otc just one pill a day blocks heartburn for a full 24 hours. for one and done heartburn relief, prilosec otc. one pill a day, 24 hours, zero heartburn. in tonight's health watch, a warning about the herbal supplement called kratom. the fda says millions of americans used it to treat pain and anxiety and opioid withdrawal. it is blamed for seizures and even deaths. cbs spoke to spread the word about a potentially dangerous product. >> reporter: in this security video, dustin hernandez has minutes to live. he collapses, has a seizure, and dies. toxicology testing blamed the toxic effects of metrajamine, typically marketed as kratom. dusty young, his sister says her brother took kratom about his anxiety.

>> he was in denial about it being addictive. >> reporter: kratom is commonly marketed as a wellness wonder, largely sold online and in gas stations. the fda says kratom is addictive. it warns not to use kratom because of the risk of serious adverse effects. since 2014, the agency has tried to bar kratom from being imported. >> every bag of kratom on the shelf got here by people who are fraudulently saying it's something else. >> reporter: lawyer tal tallis abelons represents the family of dustin hernandez. >> there is fraud going on, absolutely. and what makes it even worse is they're selling it like it's coffee or tea. >> reporter: the american kratom association, the aka admits the industry has many illegitimate products. how many kratom players are there? >> i guess about 800,000. >> reporter: how many legitimate? >> maybe three dozen. >> reporter: but he blames the fda. >> they simply say we're not going to regulate.

we want to ban it. they should be regulating it and protecting the consumers. >> reporter: the fda is pushing the kratom consumer protection act, what it calls a best practices standard. 11 states have passed a local version of the act. but critics say the issue is kratom itself. >> thiskratom product is associ with seizures, coma and death. and if that had been on the bag, a lot of lives would be saved. >> reporter: dustin hernandez was a shy guy. his family intends to be a loud voice for accountability. mrk strassmann, cbs news, dallas. two fishermen make a life-saving catch. not

in northwest indiana, two men who were scouting for fishing spots helped reel in a

miracle rescue. police say a driver was trapped in his pickup truck for six days after he careened off a highway, crashed under a bridge and partially into a creek. two fishermen spotted the mangled truck and the driver pinned to his seat. they stayed with him until rescue crews arrived. authorities say the driver survived by drinking rainwater. finally tonight, tom smothers, one-half of the comedy and musical duo the smothers brothers has died. >> name one thing that came out of mom that was phony, come on. >> you. you! >> alongside his younger brother dick, tomko hosted "the smothers brothers comedy hour" right here on cbs. it was one of television's most popular, influential yet controversial shows of the 1960s. cbs famously canceled the show in the middle of its third season due to clashes with network censors.

in a statement he said tom was not only the loving older brother everyone would want to have in their life, he was a loving creative partner. tom died at his home in california following a battle with cancer. he is 86 years old. that is the overnight for this thursday. for some of you, the news continues. for others, check back for "cbs mornings" and follow us online any time at cbsnews.com. reporting from our nation's capital, i'm jericka duncan. this is cbs news flash. i'm clarissa lawson in new york. colorado's republican party is appealing to the u.s. supreme court as they try to get donald trump on the state's ballot.

the state's supreme court ruled him ineligible last week under the state's insurrection clause for his role in the january 6th attacks. suing open a.i. for copyright infringement. the lawsuit alleges the articles were used to train the program without permission. and no jackpot winner in last night's powerball drawing. the next drawing will be held on saturday night for an estimated jackpot of $760 million. for more, download the cbs news app on your cell phone or connected tv. i'm carissa lawson, cbs news, new york. ♪ >> announcer: this is the "cbs overnight news." we begin tonight with the crisis at the southern border. right now a massive convoy of

migrants is making its way through mexico and towards the united states. secretary of state antony blinken and homeland security secretary alejandro mayorkas traveled to mexico city today. they met with mexico's president to discuss ways to stem the flow of migrants coming into this country. mexico's president says he is willing to help, but wants the u.s. to address the main cause of the problem by improving relations with venezuela and cuba. he also wants more money for development in the region. border security agents, aid groups and local communities are stretched thin with a near record number of asylum seekers approaching the u.s.-mexico border every day. thousands of migrants, most from central and south america are part of the latest caravan moving through southern mexico. cbs' christina ruffini will start us off tonight. >> reporter: looking to start the new year in a new country, as many as 10,000 migrants per day are crossing the southern border into the united states.

"joe biden has to help us," says this man from honduras. meanwhile, about 8,000 men, women and children from multiple latin american countries are making their way north through mexico, the largest such caravan in months. the influx is having an impact as far north as new york, where the city says taking care of asylum seekers will cost an estimated $12 billion over the next three years. this chartered plane carrying hundreds of migrants from el paso to queens was forced to land in philadelphia tuesday night due to bad weather. the passengers instead boarded buses bound for manhattan arranged by texas governor greg abbott. >> tell texas governor abbott to stop the games and use of migrants as political pawns. >> reporter: today the mayors of new york, chicago and denver came together to pressure the federal government for help. >> the federal government must take responsibility and lead on this humanitarian crisis instead of leaving it for cities and

localities to handle. >> reporter: migration was also high on the agenda for secretary of state antony blinken's visit to mexico, where president andres manuel lopez obrador has said he expects it to be a key issue in next year's u.s. presidential election. >> biden's open border has opened the floodgates to record numbers. >> reporter: the troubled southern border is already the subject of a new campaign ad from the republican front-runner. >> president trump had our borders secured, and he'll do it again. >> and christina ruffini joins us now. this is such a complex issue. when these migrants make it over to the u.s., how long before their cases are seen before immigration court? >> sometimes years. there is now a backlog of more than three million cases. these hearings are getting scheduled so far in advance, it's delaying decisions for legitimate potentially vulnerable asylum seekers as well as deportations for those who night not have a valid claim. >> all right. christina ruffini, thank you. michigan's supreme court handed former president donald

trump a legal victory today. it ruled that trump's name could in fact remain on the ballot for the upcoming republican primary. cbs' scott macfarlane reports a decision comes a week after colorado's supreme court took a different approach. >> reporter: nearly three years to the day after january 6th, donald trump is tangled in a growing number of legal battles over his role in what happened that day. the michigan supreme court today swatted away a request to prevent trump from appearing on the state's 2024 primary ballot for allegedly violating the 14th amendment's ban on supporting insurrection. the court order said, "we are not persuaded that the questions presented should be reviewed by this court." the decision is the opposite of one reached by one colorado supreme court last week which ruled bay 4-3 margin to strip trump from that state's primary ballot. the fbi tells cbs news it's investigating threats against the colorado justices amidst reports of calls for their arrests or execution in the days after the ruling. with more than a dozen states

now reviewing these types of challenges, the stage could be set for a review and decision by the u.s. supreme court early next year. >> right now, we have different results from different states. i think the supreme court is going to be concerned about that. >> reporter: trump today said any attempt to keep him off the primary ballot is a pathetic gambit to rig the election, and that colorado is the only state to have fallen prey to the scheme. >> i don't think this is the last word. potentially at some point in the future mr. trump is subject to a potential criminal conviction. that could change the analysis under section 3 of the 14th amendment. >> reporter: today special counsel jack smith indicated in a court filing he may call members of congress at trump's criminal trial and ask the judge to block trump from arguing police were responsible for the attack on the capitol. that trial is scheduled to begin march 4th, but it could be delayed as an appeals court reviews trump's argument that he is shielded from prosecution by presidential immunity.

jericka, the u.s. supreme court has opted not to intervene and settle the dispute, at least not yet. >> all right. we'll stay tuned. scott macfarlane, thank you. today the white house announced plans to provide up to $250 million in additional military aid to ukraine. it includes air defense munitions and artillery in what will be the last aid package, unless of course congress approves additional funding. house republicans have insisted a compromise on immigration along with u.s. border security is crucial to negotiate any foreign aid package. to israel now, where the military says it is expanding its offensive in central gaza, calling it a new battle zone. here in washington, a top aide to prime minister benjamin netanyahu is meeting with the biden administration about when and how the war might come to an end. cbs' ian lee reports tonight from tel aviv. >> reporter: medics today

searched the aftermath of the latest israeli air strike in khan younis. amid the chaos in this southern gaza city, they aided the injured and gathered the dead. more than 21,000 palestinians have now been killed in gaza, according to the hamas-run ministry of health. too often, it's the children bearing the brunt of this war. four tiny bodies covered with burns from a strike on a crowded refugee camp now cram this one hospital bed. palestinians hoping for safety head to u.n. schools. but the fighting still reaches them as israel expands its offensive into central gaza's refugee camps. witnesses say an israeli shell hit this classroom, killing people while they slept. "they tell you there are green zones, but these are all rumors. there are no safe zones in gaza," he says. israel defense forces have not commented. israel continues to tell

palestinians to move south towards rafah, but its focus is also on the northern border. the idf says it targeted hezbollah forces in lebanon after it said the militants fired dozens of rockets into israel. and tonight, jericka, israeli war cabinet minister benny gantz issued a direct warning threatening stronger military force against hezbollah if the world doesn't stop the lebanese militants. >> ian lee, thank you. there is a lot more news ahead on the "cbs overnight news." when it comes to your hair, ingredients matter. that's why herbal essences is packed with naturally derived plant ingredients you love, and none of the stuff you don't. our sulfate-free collections smell incredible... ♪

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washington. thanks for staying with us. the coronavirus pandemic is over, but that doesn't mean covid-19 is a thing of the past. a new variant called jn.1 is spreading fast,and now it accounts for nearly half of all coronavirus infections. now it's not as deadly as previous variants, but it will still make you sick. janet shamlian reports. >> reporter: covid-19 cases are rising as a record number of people are traveling this holiday season. >> typically, i will wear a mask. i didn't expect this many people right here, but i did bring one to wear on the plane. >> reporter: a new fast spreading variant now makes up 40% of cases nationwide, more than doubling its share from the week before. the world health organization has called this new jn.1 variant a variant of interest. what does that mean? >> jn.1, which we're now seeing is one that is clearly spreading very quickly around the world, and there is evidence that it has actually increased a increase in illnesses, even in

some who may have had covid before or been vaccinated before. >> reporter: this comes as 23 states are reporting high levels of respiratory illness, including covid-19 and the flu. the cdc sent an urgent alert this month about low vaccine rates. less than 20% of adults have received the new covid-19 vaccine and less than 10% of children. >> our concern is that while the overall number of serious illnesses per number of people infected will be lower than we saw previous in the pandemic, if we're seeing widespread transmission, we're going see deaths go up. we're going to see the number of hospitalized patients going up. and so that task is really a critical challenge in the days ahead. >> reporter: a world health organization report issued last week says even though jn.1 is better at evading our immune systems, the latest vaccine is still likely to be effective. >> the pandemic was so traumatc for people that they just want it to be over and done with it. they want to put it in the back window and never think about it again. but covid is going to be with us

for the foreseeable future. that does not mean it has to dominate or rule our lives, if we take sensible precaution. >> lilia luciano, cbs news, new york. new year's eve is just days away and millions of americans are still head ed home from her holiday celebrations. still, some air travelers will get home without their bags. and some of those bags are going to end up in a small town in alabama where kris van cleave paid a visit. >> reporter: a glitzy rolex, a keyboard guitar straight out of a 1980s movie video, movie props, a centuries' old violin and all kinds of designer clothes. >> it's like an archaeological dig. >> reporter: but this archaeological dig is through lost luggage. stretching more than a city block, welcome to the unclaimed baggage store. everything here came out of unclaimed bags the airlines weren't able to get back to passengers. brian owens took over the

business from his father. >> you know, we say these bags could talk with a story they had to tell. >> reporter: so you got armor from a knight? >> we had more than one suit of armor come through, believe it or not. if you want to come armor up, this is the place to come. >> reporter: airlines have 90 days to return a bag before it's deemed lost and they have to compensate the flyer. when that happens, owens then buys those unclaimed bags by the truckload. contents that can have a second life are cleaned, electronics wiped and then priced to sell. >> the thing that separates us from a thrift store is thrift stores are things that people don't want anymore. these are items that we have that people didn't want to part with. >> reporter: a $22,000 rolex, a lot of men's wedding rings, wedding dresses, things you would think people would make an extraordinary effort to get back. >> reporter: yeah. we're assuming that wedding dress was lost after the wedding. >> reporter: owens' father got the idea after talking to a friend at a washington, d.c. bus

line 53 years ago. he borrowed $300 and a pickup, and the business was born. the store is in scottsboro, california. a town of about 15,000, not especially close to anything, but attracts a million people a year from all over the u.s., making it one of the state's top tourist destinations. >> you never know what you're going to find. and when you do find something, it's a lot of fun. >> there is some pretty amazing finds. the prices are excellent. >> i never thought that something like this even existed. >> which one? >> reporter: marilyn evans took a several hour detour on her drive from florida to tennessee. do you feel like it was worth the stop? >> oh, definitely, definitely. way out of the way. way farther away than i thought it was going to be, but yes, it's been worth it so far. it's been a lot of fun. >> reporter: the store is laid out by department. the most popular, electronics. computers, the latest smart phones and tablets, buckets of ear pods, the occasional firearm, even a boat engine.

over the years, they've had some surprises. a live rattlesnake. a 40 carat emerald. even a guidance system for an f-14 tomcat fighter. they gave that to back to the navy. >> what you see here is a bag off the truck. >> reporter: and it's a bag they let me open. let's see what's inside. it feels like we're playing "storage wars" now. >> it is. >> reporter: i think we found our christmas present for gayle and will eventually hit the and will eventually hit the racks of lost tre (inspirational music) - [speaker] at first, just leaving the house was hard. - [speaker] but wounded warrior project helps you realize it's possible to get out there - [speaker] to feel sense of camaraderie again. - [speaker] to find the tools to live life better. - [narrator] through generous community support, we've connected warriors and their families with no cost physical and mental health services, legislative advocacy,

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will send you ads for flutes, and sometimes they're dope. i want to know more about it. >> reporter: here at rick rubin's shangri-la studios in malibu, one of the most influential rappers in hip-hop recorded his new instrumental album. ♪ the first song on new blue sun is titled i swear i really wanted to make a rap album, but this is literally the way the wind blew me this time. >> even on the artwork it says no bar. if you're disappointed, i don't know what i can do. >> we have been waiting 17 years for this mother [ bleep ] to release a new album, and it's all flute? >> reporter: many were, to say the least, surprised. >> i don't like that people are upset about it. >> reporter: what do you think they're upset about? >> if i were waiting for 17 years, a certain thing i'm looking for and something else

shows up, i would probably be upset too. >> this is how you know the white people are returning. y'all turn andre 3000 into jethro tull. >> to be a rapper, you got to be rapping. i haven't been rapping. i don't hang around the studio. i don't sit and try to rap every day. when i was younger and that's all i did. i miss those times a lot, but like life changes, life moves on. ♪ >> reporter: almost every moment we weren't talking, andre was playing the flute. ♪ this was actually your first flute? >> yeah, this was the first one here. >> reporter: he has a collection of some 30 woodwinds now. i would imagine now it's hard the take a walk without one. >> it is. i've gotten to used to it, i have a muscle memory. i end up trying to find something to do with my hands and put them in my pocket. >> reporter: what did you like

about the sound? >> there is a humanness. >> reporter: andre is dwoyk remind you he is not a trained musician. >> i don't even know what notes i'm playing. so every move for me is new, which is kind of crazy, but it feels great to do, because when you find things, it's like oh, a reward for searching. >> reporter: but you have a history of kind of finding your own way with instruments. >> yeah, i think that's a hip-hop thing, to be honest. hip-hop, you immediately take something in and put it back out. ♪ >> reporter: andre benjamin helped create the southern hip-hop scene after he met antoine patton in high school in east georgia. ♪ as andre 3000 and big boy, they became outkast, the biggest crossover rap group in history. >> one, two, three, four -- ♪ my baby don't mess around ♪ >> reporter: their 2003 album "speaker box" won the grammy for

album of the year, and is now the best-selling hip-hop album of all time. but as hip-hop marks its 50th anniversary this year, andre turned down every invitation to celebrate. you dent feel the urgent desire? >> no, i didn't. i don't necessarily like looking back. and i wouldn't want to be in a place where i'm just trying to meet an expectation. i didn't get outkast for that. we were just kids trying to see >> reporter: you went a lot further than a lot of people thought. >> yeah, yeah. when people ask me about a rap album, i would love a rap album. i'm with you. i want to be with you when i'm really on it, you know what i mean? >> reporter: why do you think you're not on it? >> that i have no idea. i write down ideas and lyrics

all the time. >> reporter: you do? >> and maybe i hadn't found music inspiring enough to write enough u.n. stuff or find a way to rap. if i don't feel like i'm doing something, it don't matter to me. affecting something, moving something, saying some truth, revealing something, like destroying something. like i got to move a needle. like our power came from exploring. that's what artists do. they exhaust something and they need to go something somewhere else. >> it's a good thing you said exhaust something. maybe i exhausted that thing. and sometimes you have to kind of try something else. >> reporter: he says he has creative seasons and creative slumps. >> then you're kind of feeling like the worst person in the world sometimes. >> reporter: yeah. >> but it's hard. when you in that valley, ooh, it don't feel good. >> reporter: no. >> but you always know you're going to climb up. >> reporter: so you're telling

yourself that while you're in the valley? >> yeah, i am, but i'm not really listening. when you're in the valley, you don't want the hear that. >> reporter: talking to andre 3000, you get the sense his greatest challenge isn't meeting fans' expectations but his own. >> it's very scary, man. it's very scary. >> reporter: it is? >> it's very scary, man, because you don't know what's coming. and not even that, you got a whole 30 years of music ahead of it. so i think the audience is important, but i don't think catering to an audience is important at all. >> reporter: if it's scary to be you, how do you deal with that feeling? >> i don't have a choice. you keep making things you enjoy. and that's kind of

(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. ♪♪♪ a gofundme page has been set up for a man who survived a

harrowing accident near lake michigan. matthew rehm's pickup spun off the road and flipped several time before coming to rest under an overpass. it was nearly a full week before he was discovered by a pair of fishermen. he was penned and couldn't reach his cell phne and survived by drinking rainwater. he is expected to survive but may lose his legs. >> there was a body in there, and i went to touch it, and he turned around. >> reporter: mario garcia says he and his son-in-law found the driver inside the wreckage of this truck by chance while looking for a place to fish in a nearby creek. >> he says he tried yelling and screaming, but nobody would hear him. it was just quiet, the sunday of the water. >> reporter: police have identified the driver as 27-year-old matthew reum. they say he has been trapped since last wednesday. >> he has suffered some severe potentially life-threatening injuries, but he could not reach his cell phone to call for help. >> reporter: the fishermen took this cell phone video showing the moments that reum was

finally carried to safety. he was flown to hospital for treatment. police are still investigating how the accident occurred. >> he said to me that he has been there for a long time, that he had almost lost all hope because nobody was there. one more day and somebody would be very different here. >> reporter: i'm astrid martinez. and 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 online any time at cbsnews.com. reporting from the nation's capital, i'm christina ruffini. this is cbs news flash. i'm carissa lawson in new york. colorado's republican party is appealing to the u.s. supreme court as they try to get donald trump on the state's primary ballot.

the state's supreme court ruled him ineligible last week under the state's insurrection clause for his role in the january 6th attacks. "the new york times" is suing microsoft and open ai, the creators of chatgpt for copyright infringement. the lawsuit alleges the news organization's articles were used to train the program without permission. and no jackpot winner in last night's powerball drawing. the next drawing will be held on saturday night for an estimated jackpot of $760 mill n. for more, download the cbs news app on your cell phone or connected tv. i'm carissa lawson, cbs news, new york. ♪ tonight, the high stakes trip to mexico for top u.s. officials to address america's border crisis. what mexico wants in return for helping to stem the influx of migrants. the secretaries of state and homeland security head south as

thousands of people travel across mexico in hopes of reaching the u.s. a victory for donald trump. he can appear on michigan's primary ballot. what it means for the 2024 presidential election. could wet, wintry weather impact your new year's plans? we'll have the forecast. there is fraud going on, absolutely. >> the important warning about kratom, a supplement people are using to treat anxiety. the fda saying it could be addictive and even deadly. >> they're selling it like it's coffee or tea. i was just trying to teach you the value of a dollar. >> all i had was 68 cents. >> that's right. >> and we remember tom smothers, one-half of the iconic comedy duo the smothers brothers. >> tell me, what is the message this song sends to you? >> i'm sorry, i wasn't paying attention. ♪ >> announcer: this is the "cbs

overnight news." we begin tonight with the crisis at the southern border. right now a massive convoy of migrants is making its way through mexico and towards the united states. secretary of state antony blinken and homeland security secretary alejandro mayorkas traveled to mexico city today. they met with mexico's president to discuss ways to stem the flow of migrants coming into this country. mexico's president said he is willing to help but wants the u.s. to address the main cause of the problem by improving relations with venezuela and cuba. he also wants more money for development in the region. border security agents, aid groups and local communities are stretched thin with a near record number of asylum seekers approaching the u.s.-mexico border every day. thousands of migrants, most from central and south america are part of the latest caravan moving through southern mexico. cbs' christina ruffini will start us off tonight.

>> reporter: looking to start the new year in a new country, as many as 10,000 migrants per day are crossing the southern border into the united states. "joe biden has to help us," says this man from honduras. meanwhile, about 8,000 men, women and children from multiple latin american countries are making their way north through mexico, the largest such caravan in months. the influx is having an impact as far north as new york, where the city says taking care of asylum seekers will cost an estimated $12 billion over the next three years. this chartered plane carrying hundreds of migrants from el paso to queens was forced to land in philadelphia tuesday night due to bad weather. the passengers instead boarded buses bound for manhattan arranged by texas governor greg abbott. >> tell texas governor abbott to stop the games and use of migrants as political pawns. >> reporter: today the mayors of new york, chicago and denver

came together to pressure the federal government for help. >> the federal government must take responsibility and lead on this humanitarian crisis instead of leaving it for cities and localities to handle. >> reporter: migration was also high on the agenda for secretary of state antony blinken's visit to mexico, where president andres manuel lopez obrador has said he expects it to be a key issue in next year's u.s. presidential election. >> biden's open border has opened the floodgates to record numbers. >> reporter: the troubled southern border is already the subject of a new campaign ad from the republican front-runner. >> president trump had our borders secured, and he'll do it again. >> and christina ruffini joins us now. this is such a complex issue. when these migrants make it over to the u.s., how long before their cases are seen before immigration court? >> sometimes years. there is now a backlog of more than three million cases. these hearings are getting scheduled so far in advance, it's delaying decisions for

legitimate potentially vulnerable asylum seekers as well as deportations for those who might not have a valid claim. >> all right. christina ruffini, thank you. michigan's supreme court handed former president donald trump a legal victory today. it ruled that trump's name could in fact remain on the ballot for the upcoming republican primary. cbs' scott macfarlane reports a decision comes a week after colorado's supreme court took a different approach. >> reporter: nearly three years to the day after january 6th, donald trump is tangled in a growing number of legal battles over his role in what happened that day. the michigan supreme court today swatted away a request to prevent trump from appearing on the state's 2024 primary ballot for allegedly violating the 14th amendment's ban on supporting insurrection. the court order said, "we are not persuaded that the questions presented should be reviewed by this court." the decision is the opposite of one reached by one colorado supreme court last week which ruled by a 4-3 margin to strip

trump from that state's primary ballot. the fbi tells cbs news it's investigating threats against the colorado justices amidst reports of calls for their arrests or execution in the days after the ruling. with more than a dozen states now reviewing these types of challenges, the stage could be set for a review and decision by the u.s. supreme court early next year. >> right now, we have different results from different states. i think the supreme court is going to be concerned about that. >> reporter: trump today said any attempt to keep him off the primary ballot is a pathetic gambit to rig the election, and that colorado is the only state to have fallen prey to the scheme. >> i don't think this is the last word. potentially at some point in the future mr. trump is subject to a potential criminal conviction. that could change the analysis under section 3 of the 14th amendment. >> reporter: today special counsel jack smith indicated in a court filing he may call members of congress at trump's criminal trial and ask the judge to block trump from arguing police were responsible for the

attack on the capitol. that trial is scheduled to begin march 4th, but it could be delayed as an appeals court reviews trump's argument that he is shielded from prosecution by presidential immunity. jericka, the u.s. supreme court has opted not to intervene and settle the dispute, at least not yet. >> all right. we'll stay tuned. scott macfarlane, thank you. turning to weather now, where a massive winter storm that blanketed the central parts of the u.s. in snow is now moving east, bringing drenching rain. flood watches and warnings are in effect from florida to new england. for more on that, let's good to our meteorologist mike bettes from our partners at the weather channel. mike, good evening. >> jericka, good evening. we're still dealing with our sprawling storm across the northwest and midwest, heavy rain slowing down holiday travel along i-95 and some of the airports and cold enough to bring snow across the u.s., including a couple of inches of accumulation in and around st. louis. but then we talk about the new year. new year's eve forecasts for the ball drop in new york city, dry temperatures should be in the 40s.

as a whole, the country should remain dry for new year's eve and new year's day in most places. and take a look at this forecast. it shows a lot of dry out there. a lot of sunshine for us on new year's day itself. one area to watch, jericka that could across the gulf coast new orleans to atlanta. rain showers in the forecast for 2024. >> all right, mike, we appreciate it. thank you. there is a lot more news ahead on the "cbs overnight news."

♪ >> announcer: this is the "cbs overnight news." >> today the white house announced plans to provide up to $250 million in additional military aid to ukraine.

it includes air defense munitions and artillery in what will be the last aid package, unless, of course, congress approves additional funding. house republicans have insisted a compromise on immigration along with u.s. border security is crucial to negotiate any foreign aid package. to israel now, where the military says it is expanding its offensive in central gaza, calling it a new battle zone. here in washington, a top aide to prime minister benjamin netanyahu is meeting with the biden administration about when and how the war might come to an end. cbs' ian lee reports tonight from tel aviv. >> reporter: medics today searched the aftermath of the latest israeli air strike in khan younis. amid the chaos in this southern gaza city, they aided the injured and gathered the dead. more than 21,000 palestinians have now been killed in gaza, according to the hamas-run

ministry of health. too often, it's the children bearing the brunt of this war. four tiny bodies covered with burns from a strike on a crowded refugee camp now cram this one hospital bed. palestinians hoping for safety head to u.n. schools. but the fighting still reaches them as israel expands its offensive into central gaza's refugee camps. witnesses say an israeli shell hit this classroom, killing people while they slept. "they tell you there are green zones, but these are all rumors. there are no safe zones in gaza," he says. israel defense forces have not commented. israel continues to tell palestinians to move south towards rafah, but its focus is also on the northern border. the idf says it targeted hezbollah forces in lebanon after it said the militants fired dozens of rockets into israel.

and tonight, jericka, israeli war cabinet minister benny gantz issued a direct warning threatening stronger military force against hezbollah if the world doesn't stop the lebanese militants. >> ian lee, thank you. major legal win for apple. a u.s. appeals court paused a ban on the newest smart watches. the tech giant can keep selling its series 9 and ultra 2 watches until at least january 10th. that's when u.s. customs are set to determine if the redesigned watches still infringe on a medical device maker's patents. in october the international trade commission ruled apple illegally used blood oxygen technology for the new watches. tonight we're learning details about the mysterious deaths of a pregnant teenager and her boyfriend. the bodies of 18-year-old savanah soto and the father of her child were found in a car yesterday afternoon with gunshot wounds. cbs' cristian benavides spoke to her mother about the horrifying scene.

>> i don't want to believe that she is gone. it hurts too much. she was my only daughter. >> reporter: 18-year-old savanah soto was nine months' pregnant. she and her boyfriend, 22-year-old matthew guerra were reported missing on saturday after they didn't show up for an appointment to induce labor. >> she was shot. and all that was going through my mind was the baby, the baby still alive? what was she thinking? was she crying out for me. >> reporter: soto's family says the couple was found late yesterday inside a locked car in a parking lot about three miles from where they lived. police said the bodies had been there for three or four days. soto's brother told cbs news the family was tipped off to the location of the car, and he arrived to the scene at the same time as the police. he told us savanah soto was in the front seat with a baby carrier, and guerra was this the back seat. he said both were shot behind the right ear. police say they are looking for a suspect.

they're investigating it as a murder but have not released a motive. >> what we're looking at right now is a very, very perplexing crime scene. and detectives right now are looking at this as a possible murder, but we don't know for sure. >> reporter: soto's family is looking for answers. her mother wonders if the tumultuous relationship between her daughter and her boyfriend was a factor. >> as far as what happened to her, i think it has something to do with him and things that he was doing, not my daughter. >> reporter: we've reached out to guerra's family and have not heard back. there is a vigil scheduled to take place here at this park near the family home tomorrow in honor of savanah soto and her unborn child who she planned to name fabian. jericka? >> cristian, thank you. the "cbs overnight news" will be right back.

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well, tonight a pentagon official tells cbs news that the military has started reviewing the discharge papers of veterans who were kicked out over their sexual orientation. the initiative was announced in september after a year-long cbs news investigation into the negative impact of those less than honorable discharges. cbs' jim axelrod sat down with one veteran he met a year ago whose life has changed for the better. >> reporter: on the very same day the pentagon announced it was taking steps to help lgbtq veterans -- >> dod will for the first time begin proactively reviewing the military records of veterans discharged because of their sexual orientation. >> reporter: donny ray allen, a marine corps vet was taking a huge step of his own. >> what's up, beautiful people. i just thought on the anniversary of the repeal of "don't ask, don't tell" that i would inform you guys that today i registered for my first ever

college courses. >> reporter: a dream he gave up in 1998 when he was kicked out of the military during "don't ask, don't tell." the policy banning gay and lesbian troops from serving openly. we first sat down with allen last year. >> it's like if you put your hand on your hip, if you sit with your legs crossed. it was always the witch hunt was always around no matter what during those times in the military. >> reporter: since then, we followed donny ray allen's pursuit of a discharge upgrade. >> right now i am an honorably discharged united states marine corporal. >> reporter: and with it those life-changing benefits. could you be doing what you're doing now with your life? could you have gone back to shool? >> no. >> reporter: without the gi bill? >> no, absolutely not. >> reporter: cbs news spent months documenting the impact of having an other than honorable discharge. >> it hurt. because my country is telling me i'm not good enough to serve because of who i love.

not because of anything else, just because of who i love. >> reporter: just last month, allen's friend amy long got word her honorable discharge came through. allen spoke for her and thousands of others. >> it made me proud to be an american in a sense that actually finally our government is looking at us and being you are a valid reason for us to do this. >> reporter: how long had it been since you felt that kind of pride? >> i graduated boot camp june of 1994. that would probably be the last time. >> reporter: jim axelrod, cbs news, charleston, south carolina. project consequences behind project consequences behind a habit-forming substance widely ♪♪ vicks vapostick provides soothing, non-medicated vicks vapors. easy to apply for the whole family. vicks vapostick. and try vicks vaposhower for steamy vicks vapors. do you shop for vitamins at walmart? force factor products powerfully

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dayquil severe honey. powerful cold and flu symptom relief with a honey-licious taste. because life doesn't stop for a cold. dayquil honey, the daytime, coughing, aching, stuffy head, fever, honey-licious, power through your day, medicine. in tonight's health watch, a warning about the herbal supplement called kratom. the fda says millions of americans used it to treat pain anxiety and opioid withdrawal. but it's blamed for addiction, seizures, and even deaths. cbs' mark strassmann spoke with a family on a mission to spread the word about a potentially dangerous product. >> reporter: in this security video, dustin hernandez has minutes to live. he collapses, has a seizure, and dies. toxicology testing blamed the toxic effects of mitragynine, typically marketed as kratom. >> very painful to watch. >> reporter: dusty young, the victim's sister says her brother took kratom for his anxiety.

>> he was in denial about it being addictive. >> reporter: kratom is commonly marketed as a wellness wonder, widely sold online and in gas stations. the fda says kratom is addictive. it warns not to use kratom because of the risk of serious adverse effects. since 2014, the agency has tried to bar kratom from being imported. >> every bag of kratom on the shelf got here by people who are fraudulently saying it's something else. >> reporter: lawyer talis abolins represents the family of dustin hernandez. >> there is fraud going on, absolutely. and what makes it even worse is they're selling it like it's coffee or tea. >> reporter: the american kratom association, the aka admits the industry has many illegitimate products. how many kratom players are there? >> i guess about 8,000. >> reporter: how many legitimate ones are there? >> maybe three dozen. >> reporter: but he blames the fda. >> they simply say we're not going to regulate. we want to ban it.

they should be regulating it and protecting the consumers. >> reporter: the fda is pushing >> reporter: the aka is pushing the kratom consumer protection act, what it calls a best practices standard. 11 states have passed a local version of the act. but critics say the issue is kratom itself. >> this kratom product is associated with seizure, coma, and death. and if that had been on the bag, a lot of lives would be saved. >> reporter: dustin hernandez was a shy guy. his family intends to be a loud voice for accountability. mark strassmann, cbs news, dallas. two fishermen make a life-saving catch. not on the high seas, t off of a hi

in northwest indiana, two men who were scouting for fishing spots helped reel in a miracle rescue. police say a driver was trapped

in his pickup truck for six days after he careened off a highway, crashed under a bridge and partially into a creek. two fishermen spotted the mangled truck and the driver pinned to his seat. they stayed with him until rescue crews arrived. authorities say the driver survived by drinking rainwater. finally tonight, tom smothers, one-half of the comedy and musical duo the smothers brothers has died. >> name one thing that came out of mom that was phony, come on. >> you. you! >> alongside his younger brother dick, tom co-hosted "the smothers brothers comedy hour" right here on cbs. it was one of television's most popular, influential yet controversial shows of the late '60s. despite its popularity, cbs famously canceled the show in the middle of its third season due to clashes with network censors.

in a statement he said tom was not only the loving older brother everyone would want to have in their life, he was a loving creative partner. tom smothers died at his home tuesday in california following a battle with cancer. he was 86 years old. that is the overnight for this thursday. for some of you, the news continues. for others, check back for "cbs mornings" and follow us online any time at cbsnews.com. reporting from our nation's capital, i'm jericka duncan. this is cbs news flash. i'm carissa lawson in new york. colorado's republican party is appealing to the u.s. supreme court as they try to get former president donald trump on the state's primary ballot.

the state's supreme court ruled him ineligible last week under the state's insurrection clause for his role in the january 6th attacks. "the new york times" is suing microsoft and open ai, the creators of chatgpt for copyright infringement. the lawsuit alleges the news organization's articles were used to train the program without permission. and no jackpot winner in last night's powerball drawing. the next drawing will be held on saturday night for an estimated jackpot of $760 million. for more, download the cbs news app on your cell phone or connected tv. i'm carissa lawson, cbs news, new york. it's thursday, december 28th. this is the morning morning. -- "cbs morning news". a high-stakes meeting in mexico. top u.s. officials head south to address america's border crisis. what mexico wants in return for helping to stem the influx of migrants.