accusation. the judge ordered the comment stricken from the record. and when trump said, quote, i just wanted to defend myself, my family, and frankly the presidency, another objection and instruction to the jury to disregard. trump's entire testimony lasted only four minutes. and when he said before taking the stand, "i don't know who the woman is," judge kaplan reprimanded him for interrupting. exiting the courtroom, trump was overheard saying, quote, this is not america. now, jurors return in the morning for closing arguments and could potentially begin deliberations over this possible eight-figure defamation sum by lunchtime friday. and donald trump, who by the way was not required to testify and does not have to be here, j.b., he says he'll be inside the courtroom friday as well. >> errol barnett in new york. thank you, errol. opening statements today in a landmark court case that's pushing the boundaries of criminal responsibility.

it's the first time a parent could be held directly responsible for the killings carried out by their child. jennifer crumbly is charged with four counts of involuntary manslaughter for the school shooting in oxford, michigan, two years ago. cbs's elaine quijano is there. >> reporter: jennifer crumbly sat teary-eyed on day one of the history making trial. >> jennifer crumbly didn't pull the trigger that day, but she is responsible for those deaths. >> reporter: her sons would 15 when he shot and killed four students at oxford high school in michigan. ethan crumbley pleaded guilty and was sentenced last month. >> the defendant shall serve the rest of his life without the possibility of parole. >> reporter: the four students who died ranged in age from 14 to 17.% seven others were wounded, including teacher molly darnell. >> i realize he's raising a gun to me. >> reporter: she showed jurors her bullet wound as she described what happened that day. >> i had texted my husband, i love you. active shooter. and then i started feeling blood

dripping down my arm. >> reporter: prosecutors say jennifer crumbly and her husband, james, ignored warning signs of mental health issues, including drawings of a gun withed words "the thoughts won't stop, help me." they bought him a gun as a gift. the defense revealed crumbly herself will testify. >> she did not have it on her radar in any way that there was any mental disturbance, that her son would ever take a gun into a school, that her son would ever shoot people. >> reporter: if convicted, the crumblies could each face 15 years in prison, not for what they did, say prosecutors, but what they failed to do. >> they did nothing. they didn't do any number of tragically small and easy things that would have prevented all this from happening. >> reporter: defense attorneys say they will try to compel the shooter to appear as a witness

for his mother. his attorneys are advising him not to take the stand. meantime, james crumbly's trial is set to begin in march. j.b. >> elaine quijano, thank you. boeing's ceo was back on capitol hill today facing more questions about the safety of his company's planes. cbs news is just learning that tomorrow the first 737 max 9 jet will take off with passengers on board after weeks of being grounded. that will be an alaska airlines flight from seattle to san diego. here's cbs's senior transportation correspondent kris van cleave. >> reporter: the boeing production line stopped today for a safety standdown focused on quality control issues. >> the flying public is counting on us. >> reporter: the day-long production pause comes as questions swirl around an anonymous post purport lid by an employee that durl final production, boeing accessed the door panel ta eventually blew off a max 9 mid-flight in order

t make repairs to the fuselage. if that work occurred, the four bolts holding the door in place would have to be removeds. after the blowout, those bolts remain unaccounted for. >> we're going to talk about transparency and responsibility, and that will be it. >> reporter: boeing ceo dave calhoun was back on capitol hill. >> might want to make sure we're doing everything possible to ensure that these planes are safe. >> reporter: alaska and united airlines are now performing newly approved inspections on the door panels located in row 26 on alaska and row 30 on united. mechanics will confirm that door panel is properly secured and safe for flight. initial inspections found several jets with loose bolts. the airlines expect the max 9 to return to service as soon as tomorrow. >> does the plane have a credibility problem? >> the 737 max has a stained reputation as an aircraft, and boeing is going to have to work very hard to eradicate that stain, to make the public trust it again. >> reporter: the max grounding will cost alaska at least

$150 million. >> the ultimate goal is to make boeing better through this process and keep our customers and our employees having a lot of confidence in this airplane going forward. >> reporter: boeing declined to comment about those reports, citing the ongoing ntsb investigation. united and alaska say passengers who are booked on a max 9 who do not want to fly on one will be allowed to make changes without any additional costs. j.b. >> kris van cleave with the latest. turning now to some positive economic news. the commerce department reports that the economy grew at a faster than expected pace of 3.3% in the fourth quarter. and while consumer confidence is rising across the board, some groups are feeling better than others. cb cbs's nikki battiste spoke to people across the country. >> personally in my family, we are struggling. >> i think that the economy is doing horrible. >> we don't have retirement. >> we're doing fine.

>> reporter: to hear people talk, it's a tale of two economies. while the u.s. economy ended 2023 with stronger than expected growth -- >> instead of contracting, the economy has continued to grow. >> reporter: -- some americans across the country say they're not feeling the same boost to their bank accounts, and many are still treading water. >> everything from, you know, the cost of groceries to getting around. >> reporter: more than 12 million americans spent more than half their income on rent in 2022. >> the percentage of my salary that goes into rent is about 60%. >> reporter: more people are turning to credit cards to pay their bills, carrying balances with rates at an all-time high. some are using credit cards to pay for groceries. >> the prices of food the last few years is that they've been out of control. >> so they're looking at when i go to the grocery store, i'm paying 25% more than i did before the pandemic. >> 25% at the store adds up. >> it adds up fast, and it's not just groceries, of course. it's rent. it's auto insurance.

and i think that's just inescapable. >> reporter: the good news is with unemployment dipping to 3.7%, jobs are readily available, and wages are finally outpacing inflation. >> people could feel a lot better in a few months, but we'll just have to wait and see. >> reporter: some americans might also see good news in their 401(k)s and retirement accounts helped by a strong stock market. the economy is expected to be a key issue as voters head to the polls this election year. j.b. >> nikki battiste, thank you so

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see the difference with olay. there is breaking news from alabama where a death row inmate has just become the first person in the u.s. to be executed with nitrogen gas. here's cbs's manuel bojorquez. >> reporter: the state of alabama has executed inmate kenneth smith, using nitrogen gas for the first time in u.s. history. it involved placing a mask over his face, then filling it with the gas, which deprived him of oxygen. smith was one of two men convicted of murdering elizabeth senate in 1988. it's the second time the state has tried to put him to death after a failed attempt using lethal injection more than a year ago, one of three botched executions that year. >> it's an experiment, and we just think it's reckless. alabama has not shown that it has the competence and skill to carry out these executions. >> reporter: smith released a

statement today through his spiritual adviser, reading in part, we simply cannot normalize the suffocation of each other. support for the death penalty has declined over the last 25 years with half of americans polled saying they believe it's applied unfairly. some pharmaceutical companies have refused to make or provide drugs used for lethal injections, leading states like alabama to look for other options. the jury that convicted smith in the murder case recommended life in prison as a punishment, but they were overruled by the judge. that is something alabama law no longer allows. j.b. >> manuel bojorquez, thank you. a historic church dating back to the 1800s suddenly collapses. we'll have the details next. for nourished, lightweight hair, the right ingredients make all the difference. new herbal essences sulfate free is now packed with plant-based ingredients your hair will love.

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ma, ma, ma— ( clears throat ) for fast sore throat relief, try vicks vapocool drops. with two times more menthol per drop, and powerful vicks vapors to vaporize sore throat pain. vicks vapocool drops. vaporize sore throat pain. officials in new london, connecticut, are investigating what caused a historic church to suddenly collapse today. a woman who was inside when the steeple and roof caved in was not hurt. a utility company says there's no danger at the scene from natural gas or electricity. the gothic granite church

now this consumer alert. there's a recall on robitussin honey cough syrup because it may be contaminated and cause dangerous infections, especially among people with compromised immune systems. the company says healthy people

probably aren't at risk. the recalled products have expiration dates in 2025 and 2026. we have more information at cbsnews.com. a daughter gives her mother the gift of life, twice. the incredible story next. finally tonight, a story about one woman's gift of life to her mother. eileen harland of baltimore donated a piece of her liver to her mom in august of 2022, and

last month she donated one of her kidneys. she's done the 14th person in the u.s. to make these donations to the same person on different dates. her mother, julia, suffers from a rare liver disease which ultimately led to her kidney failure. the gift of life and a daughter's love. and that's the overnight news for this friday. be sure to check back later for "cbs mornings" and follow us online anytime at cbsnews.com. reporting from the nation's capital, i'm james brown. this is "cbs news flash." i'm shanelle kaul in new york. the state of alabama executed inmate kenneth smith last night using nitrogen gas.

this came after the supreme court and alabama's governor chose not to intervene. it's the first time nitrogen gas has been used for an execution. meta has announced new messenger settings that block messages from strangers and require parents' approval to change. meta's ceo, mark zuckerberg, and other social media executives will testify before the senate on child safety next week. and just days after becoming the first amateur to win on the pga tour in 33 years, alabama sophomore nick dunlap says he's leaving school to go pro. for more, download the cbs news app on your cell phone or connected tv. i'm shanelle kaul, cbs news, new york. former president trump has indicated that he does not want us to solve the problem at the border. he wants to lay the blame of the border at biden. >> with immigration a top issue

in the 2024 election, did the former president just derail a bipartisan border deal? >> does donald trump have the ability to kill this immigration deal? >> there's not a deal to be killed yet. >> announcer: this is the "cbs overnight news." good evening. i'm james brown in for norah. thank you for being with us. you just heard from republican senators mitt romney and lindsey graham. just when congress appeared close to a deal on the southern border and funding for ukraine, there are concerns election politics are getting in the way. cbs's scott macfarlane is on capitol hill tonight, speaking to lawmakers about what's standing between america and immigration reform. the election's other top issue, the economy. we got big news today. u.s. gdp grew at a surprising pace last quarter. but despite low unemployment and a booming stock market, we speak to americans about why some are

not feeling the effects. but we begin tonight with severe weather. nearly 26 million people are under flood watches from louisiana to west virginia with more rain expected in the days ahead. parts of the south are already underwater tonight after days of torrential rains with more than a foot on the ground in parts of texas and several inches in louisiana. cbs's janet shamlian reports tonight from conroe, texas, where officials have declared a disaster due to the dangerous flooding. >> reporter: a city submerged. cars plowing through floodwater in mandeville, louisiana, north of new orleans. this is what six inches of rain in less than 24 hours looks like. a first responder helping a passenger to safety. in texas, the storm is over, but the emergency is ongoing. authorities have been on the scene here for the past day, taking these boats out and bringing people to safety. the water came up very quickly.

you can see a car submerged there in the background. just the distance between me and the car, there's eight feet of standing water. emergency crews used these boats to rescue people from more than a dozen homes. >> thanks for your help. appreciate it. >> reporter: including a few pets. first responders say one homeowner wouldn't leave until it was almost too late. >> the individual called 911. he couldn't get out of his house. >> reporter: five people had to be rescued after trying to drive through the fast-flowing water. warnings not to drive on flooded roads are frequently ignored. >> if you do end up in a situation where your vehicle is taking on water, you need to get yourself and your passengers to higher ground as quickly as you possibly can. >> reporter: experts say a sinking car may float on the water's surface for up to three minutes, but you only have one minute to exit safely. remember the acronym swoc. seat belts off, windows open or broken, out immediately, and children first.

flooding is expected to continue here due to runoff. right now it's easy to see where this road is washed out. but for a driver at night, visibility drops, and the danger increases. j.b. >> important information. janet shamlian, thank you. meanwhile, back here in washington, a bipartisan group of senators are trying to salvage a very fragile deal to overhaul our nation's immigration laws and provide more funding for ukraine. cbs's scott macfarlane reports there are concerns that donald trump is trying to kill the deal to help win an election. >> reporter: a month-long negotiation to bolster the u.s. border is on life support in a closed-door meeting yesterday, republican leader mitch mcconnell warned donald trump might want to make immigration a campaign issue, threatening gop support for any deal. >> on day one, i will seal the border, and i will shut down the invasion of our country. it's an invasion. >> the idea that someone running for president would say, please

hurt the country so i can blame my opponent and help my politics is a -- a shocking development. >> reporter: senators are trying to save their effort to overhaul immigration law, which would also pump tens of billions of dollars into ukraine for its war against russia. >> we are negotiating in good faith and want to get this done in a bipartisan way. >> does donald trump have the ability to kill this immigration deal? >> well, i think there's not a deal to be killed yet. >> reporter: south carolina's lindsey graham says he's urging trump to get behind the border negotiations, which he says are ongoing tonight. >> i will say to president trump if we can put this package together, you'll have more tools to secure america than you've ever had. >> reporter: among proposals being discussed, making it easier to expel migrants when border crossings spike and raising the requirements to claim asylum in the u.s. hanging in the balance, emergency money to help ukraine replenish its weapons and equipment as the biden administration says the pentagon has run out of money for ukraine. >> we have the ukrainian aid. it's vulgar and evil that anyone

would turn our backs now on ukraine right now. >> reporter: but that's also facing resistance from some trump allies. >> is there a risk the ukraine money falls apart too, that the ukraine component also gets killed here? >> oh, i hope so because i don't like that either. >> reporter: we spent the day trying to determine if trump was trying to kill this border deal. and moments ago he eliminated any suspense in a statement, saying the border deal is a gift to democrats. j.b. >> scott macfarlane on capitol hill, thank you. donald trump took the witness stand today in his own defense in the civil defamation trial from writer e. jean carroll in new york. carroll is seeking $10 million in damages for disparaging comments made after a jury found him liable for sexually abusing her. cbs's errol barnett was inside the courthouse. >> reporter: two days after a joyful win in new hampshire, former president donald trump was stone-faced, testifying in

his own defense on the witness stand in new york. judge lewis kaplan presided over the previous civil trial in which trump was found liable for sexual abuse and defamation of writer e. jean carroll. and for this trial he emphasized no testimony could contradict the previous verdict, which left trump's lawyers with few questions. >> she's not my type. >> reporter: including whether he stood by the deposition in which he declared his innocence. trump said, "yes." at one point trump said of carroll, quote, she said something i considered a false accusation. the judge ordered the comment stricken from the record. and when trump said, quote, i just wanted to defend myself, my family, and frankly the presidency, another objection and instruction to the jury to disregard. trump's entire testimony lasted only four minutes. and when he said before taking the stand, "i don't know who the woman is," judge kaplan reprimanded him for interrupting. exiting the courtroom, trump was overheard saying, quote, this is

not america. now, jurors return in the morning for closing arguments and could potentially begin deliberations over this possible eight-figure defamation sum by lunchtime friday. and donald trump, who by the way was not required to testify and does not have to be here, j.b., he says he'll be inside the courtroom friday as well. >> errol barnett in new york. thank you, errol. there's a lot more news ahead on the "cbs overnight news." after cooking a delicious knorr farm stand chicken cheddar broccoli recipe. you will want to close all your delivery apps and open your camera, so you can take photos of your home made masterpiece. unfortunately, no photo can capture the savory goodness of this perfect combo

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washington. thanks for staying with us. the faa has cleared the way for airlines to resume flying their boeing 737 max 9 jetliners as soon as they're inspected. the planes were grounded in a safety standdown after a door panel blew off an alaska airlines plane earlier this month. alaska airlines says some of its max 9s have already passed inspection and will be in service today. as for boeing, the faa is not allowing the company to expand production of its max jets pending further investigation. kris van cleave reports. >> reporter: almost three weeks after this terrifying alaska airlines flight when a door panel blew out midair, leading to a grounding of all 737 max 9s, alaska airlines expects the jets to return to scheduled passenger service as soon as friday. this as boeing's ceo dave calhoun is meeting with lawmakers. >> we have confidence in the safety of our airplanes, and

that's what alt of this is about. and we fully understand the gravity. >> reporter: even as some on capitol hill are not convinced. >> i think boeing is on the wrong flight path right now. >> reporter: in a letter first obtained by cbs news, senator tammy duckworth is demanding the faa deny boeing's request for a safety waiver on a future version of the 737 max. >> there seems to be this trend at boeing in particular to put profits over the safety of the flying public. >> reporter: wednesday the faa halted boying's plan to ramp up production of the 737 until quality control issues improve. >> it was absolutely chaos when i was there. >> reporter: ed pierson is a former boeing senior manager turned 737 max whistle-blower. >> the issue all along is that employees in these production facilities at boeing have been rushed to do the work. >> reporter: investigators are trying to determine if four bolts that were supposed to hold the door panel in place on that alaska airlines flight were installed at all. an anonymous post from someone claiming to be a boeing employee alleges the company's own

records show the four bolts were not installed. >> would it surprise you to learn that bolts weren't put in a door panel? >> not at all. in fact, the only thing surprising to us is we're so thankful that it wasn't a fatal crash. that's what we've been expecting. >> reporter: cbs news has not been able to independently verify the claims in those posts. boeing declined to comment citing the ongoing ntsb investigation. but the company says safety is its top priority. boeing says it plans to work with the faa and airlines to safely return the 737 max 9 to service. >> that was kris van cleave reporting. in lighter news this morning, jon stewart is returning to host the daily show" when its now season kicks off next month. stewart stepped away from the set nearly a decade ago, and when he returns, it will be only on mondays. just enough air time to secure skewer the candidates during this election season.

vladimir duthiers reports. >> this show isn't ending. we're merely taking a small pause in the conversation. >> reporter: and now it's time for that conversation to continue as one of the biggest names in late night returns to his old job after almost a decade. >> history is repeating itself, and if you need any more proof, jon stewart is back hosting the daily show. >> reporter: starting february 12th, stewart will appear every monday in the series he turned into an institution, across an award-winning 16-year stint. >> the world is demonstrably worse than when i started. have i caused this? >> reporter: but the daily show has been without a permanent host since his successor, trevor noah, stepped down in 2022. >> it's been an honor. thank you. >> reporter: leading to a rotation of guest hosts from comedian sarah silverman to now former correspondent roy wood jr. >> i actually hosted the program to be honest with you.

>> the daily show had a white host? >> yeah. >> reporter: who repeatedly mouthed, hire a host at the emmys last week as the show won for best variety talk series. >> if they were going to hire somebody and get a big splash out of it, you can't top jon stewart coming back to the daily show. >> reporter: journalist chris smith worked with stewart to write an oral history of his daily show tenure. >> by the end of jon's time at the show, he was a major player in the political conversation, and he wants to have a voice that's heard far and wide in that conversation. >> reporter: stewart briefly re-entered the space in 2021 with an apple tv+ show that ended after two seasons. now his return to "the daily show" includes an executive producer title and, with it, a likely vision for the show's point of view with the presidential election in focus. >> a billionaire vanity candidate taking the escalator to the white house.

>> jon has always been smart enough and critical enough to poke holes in the lies and mistakes and hypocrisies on both sdes. >> save the date. jon stewart returns to "the daily show" on monday, february 12th. catch him on comedy central at 11:00 p.m. eastern. the overnight news is back in two minutes. wowwww... this new charmin ultra soft smooth tear is soooo soft and soo smooth, i'm starting to get tearied away! ahhh, thank you mr. smooth bear. designed with smooth tear edges, new charmin ultra soft smooth tear has wavy perforations that tear so much better

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energy that gets you to the next level. cirkul is what you hope for when life tosses lemons your way. cirkul, available at walmart and drinkcirkul.com. a vast new marine sanctuary off the coast of central california could soon become a reality. creating this aquatic national park has been a decades-long labor of love for the indigenous chumash tribe. elise preston has the story. >> reporter: halfway between the tech capital of the world and the hollywood hills is this stretch of pristine california coastline, where nature still reigns, always in motion. the waves, the weather and sea life together show off a breathtaking display. >> i feel like it's a magical place. every time, like, i look at the ocean, i'm like is there going to be a dolphin or a whale?

>> reporter: violent sage walker's life's work is conserving her ancestral territory. she's head of the northern chumash tribal council. >> as indigenous people, we consider ourselves to be stewards of these waters. >> reporter: for thousands of years, thriving chumash villages once dotted the central california coastline. but european invasions sparked death and displacement, dramatically dwindling chumash populations. >> what were the chumash like thousands of years ago right along this coastline? >> living in harmony with nature. living with the land. surviving with the elements of the ocean and the land. ♪ >> reporter: steve via is capital of the crossing, a paddle to the channel islands to celebrate their origin story on their ancestral island. >> we get to feel what they felt. we get to experience what they did as they crassed the channel. the channel was crossed for

commerce, for trade, but also for ceremony. >> reporter: coexisting among the complex food web comprised of cor al, fish, seals, sharks and dolphins allow the chumash to thrive. >> we're in a place today that's the first of its kind, and that's because conservation efforts are being led by tribal people. >> reporter: the chumash tribes in partnership with the national atmospheric and oceanic administration are months away from clinching a federal designation to protect, restore, and celebrate the marine environment that has defined their ancestry. >> for the chumash people, they have been a bit overlooked unfairly for a long time now, and we are here at noaa to say let's work in partnership and change that. >> reporter: mike murray, a noaa representative, is working on the final push to formalize the chumash heritage national marine sanctuary. once granted, this would be the first proposed by an indigenous

group. >> liet's have this protected area and every coastal attraction or visitor center or a sign that one might encounter make it clear that this is chumash territory. >> reporter: the sanctuary would protect 150 miles of coastline and 5,600 square miles of pacific ocean. the exact boundary has yet to be determined. but in essence, it would connect two existing sanctuaries, creating a continuous stretch of protected ocean. >> i think it makes a lot of sense because whiles migrate through all of those spaces. kelp forests can be found the full length. ships ply through all three marine sanctuary areas. so i think it's going to give us a chance to managed more comprehensively in a way that matches up with the way the ecosystem truly exists. >> reporter: while the long held dream of a sanctuary is now within grasp, that light at the end of the tunnel did not always shine. threats of industrialization have loomed over this treasured ecosystem. >> we saw the first major offshore oil spill back in 1969 here in the santa barbara

channel, and that's when our rlatives became environmental activists. >> what does it feel like when you say it's taken this long? you are the third generation. you've been fighting for this for decades. >> well, it's exhausting all over the world. tribal people are the first people that are affected by climate change. they're the first people affected by industrialization and by pollution, and we're the ones that are saying, like, let's protect this. let's save this. it shouldn't be so hard. >> reporter: slo gutierrez has been sounding alarms since the 1970s when a proposed massive liquefied natural gas terminal threatened point conception, a sacred chumash site. >> we got a call from somebody downtown that there were bulldozers digging out on private land where our burials and stuff are. >> for 14 months, gutierrez took

part in an indigenous occupation. >> we were out there to die for that land, to protect our ancestors. without point conception, our people wouldn't pass through the western gate, go into what you call heaven. and that's a no-no. >> reporter: their occupation succeeded, helping derail what they see as the desecration of sacred land. >> and through all the things that we have faced, it says more about our people that we're still here and we're still fighting for our place. >> reporter: in 2015, fred collins, walker's late father, filed a marine sanctuary proposal to noaa, hoping to put a cap on endless environmental threats. >> when my dad passed away, he's like, you need to finish it. and also that it was the most important thing he ever did in his life. >> reporter: after sitting idle for years, the proposal was brought to life under president biden, who has prioritized environmental conservation and indigenous leadership. >> respect for indigenous knowledge and tribal

consultations as a key part of the federal agency decision making. >> reporter: while many of the details have yet to be sorted out, the sanctuary is on track to take effect next year. >> what would a sanctuary do when it comes to preserving your history, your culture with the world? >> in order to preserve something, in order to protect something, people have to love it. and that is, like, giving us the opportunity, the world stage, to share our stories and our history and why this place should be protected and why people should love it. >> reporter: from this view, the ocean feels endless. walker and many chumash hope its natural superpowers will continue to heal for generations to

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if you travel with small kids, there's good news. the latest generation of child booster seats are safer than ever. bradley blackburn reports. >> reporter: this crash test shows what can happen when children aren't properly secured

in a vehicle. when kids outgrow a car seat, they need a booster seat. there are many new models on the market, and the insurance institute for highway safety found plenty of quality choices. >> 47 of the 54 boosters we rated received our top rating of best bet, and none of them were not recommended. >> reporter: jessica jermakian is with iihs, the group analyzes seats to make sure the belt fits correctly for a typical 4 to 8-year-old. the new seats on the best bet list join those previously rated by iihs. they range in price from $25 to almost $450. and will work in almost any car, minivan, or suv. safety experts say a good booster places the belt at the center of the shoulder. >> it's not riding up on the neck or falling off the shoulder, and the lab belt is low across the hips, really on the upper thighs, not riding up into the belly. >> reporter: parents should make sure the seat works in their vehicle. many communities offer

inspection stations where instructors demonstrate how to properly install a car seat. >> whether it's cross-country or just going down the neighborhood, we need to make sure kids are buckled up on every trip. >> reporter: the iihs says children buckled up in booster seats are 45% less likely to be injured in a crash compared to those using seat belts alone. bradley blackburn, cbs news, new york. and that's the overnight news for this friday. be sure to check back later for "cbs mornings" and follow us online anytime at cbsnews.com. reporting from the nation's capital, i'm nicole sganga. this is "cbs news flash." i'm shanelle kaul in new york. the state of alabama executed inmate kenneth smith last night using nitrogen gas.

this came after the supreme court and alabama's governor chose not to intervene. it's the first time nitrogen gas has been used for an execution. meta has announced new messenger settings for teens on instagram and facebook that block messages from strangers and require parents' approval to change. meta's ceo, mark zuckerberg, and other social media executives will testify before the senate on child safety next week. and just days after becoming the first amat r to win on the pga tour in 33 years, alabama sophomore nick dunlap says he's leaving school to go pro. for more, download the cbs connected tv. i'm shanelle kaul, cbs news,ew york. former president trump has indicated that he does not want us to solve the problem at the border. he wants to lay the blame of the border at biden. >> with immigration a top issue in the 2024 election, did the

former president just derail a bipartisan border deal? >> does donald trump have the ability to kill this immigration deal? >> there's not a deal to be killed yet. >> announcer: this is the "cbs overnight news." good evening. i'm james brown in for norah. thank you for being with us. you just heard from republican senators mitt romney and lindsey graham. just when congress appeared close to a deal on the southern border and funding for ukraine, there are concerns election politics are getting in the way. cbs's scott macfarlane is on capitol hill tonight, speaking to lawmakers about what's standing between america and immigration reform. the election's other top issue, the economy. we got big news today. u.s. gdp grew at a surprising pace last quarter. but despite low unemployment and a booming stock market, we speak

to americans about why some are not feeling the effects. but we begin tonight with severe weather. nearly 26 million people are under flood watches from louisiana to west virginia with more rain expected in the days ahead. pats of the south are already underwater tonight after days of torrential rains with more than a foot on the ground in parts of texas and several inches in louisiana. cbs's janet shamlian reports tonight from conroe, texas, where officials have declared a disaster due to the dangerous flooding. >> reporter: a city submerged. cars plowing through floodwater in mandeville, louisiana, north of new orleans. this is what six inches of rain in less than 24 hours looks like. a first responder helping a passenger to safety. in texas, the storm is over, but the emergency is ongoing. authorities have been on the scene here for the past day, taking these boats out and bringing people to safety.

the water came up very quickly. you can see a car submerged there in the background. just the distance between me and the car, there's eight feet of standing water. emergency crews used these boats to rescue people from more than a dozen homes. >> thanks for your help. appreciate it. >> reporter: including a few pets. first responders say one homeowner wouldn't leave until it was almost too late. >> the individual called 911. he couldn't get out of his house. >> reporter: five people had to be rescued after trying to drive through the fast-flowing water. warnings not to drive on flooded roads are frequently ignored. >> if you do end up in a situation where your vehicle is taking on water, you need to get yurself and your passengers to higher ground as quickly as you possibly can. >> reporter: experts say a sinking car may float on the water's surface for up to three minutes, but you only have one minute to exit safely. remember the acronym swoc. seat belts off, windows open or broken, out immediately, and children first.

flooding is expected to continue here due to runoff. right now it's easy to see where this road is washed out. but for a driver at night, visibility drops, and the danger increases. j.b. >> important information. janet shamlian, thank you. and for where that rain is headed next along with another winter storm moving towards the northeast, let's bring in meteorologist mike bettes from our partners at the weather channel. good evening, mike. >> j.b., good evening. the rain has been relentless this week, especially across the south, and a lot of places will see more rain in the coming days. showers tonight across the south that spread across the great lakes and the northeast. more rain returns tomorrow, meaning more flooding is back in our forecast as well. the temperatures, they have been incredibly mild. a lot of 60s and 70s across the south. temperatures very mild in the midwest. we're melting snow here, and we're bringing in rain, so that also ups our flood risk. going into the weekend now, another shot of rain. heavy rain from the central plains across the south, spreading its way from the

mid-atlantic into the northeast. but also notice some colder air will move in here. that means some snow is in our forecast. rain two to three inches in pockets. and, j.b., some spots in new england could see as much as eight inches of snow. >> mike, thank you for the heads-up. meanwhile, back here in washington, a bipartisan group of senators are trying to salvage a fragile deal to overhaul our nation's immigration laws and provide more funding for ukraine. cbs's scott macfarlane reports there are concerns that donald trump is trying to kill the deal to help win an election. >> reporter: a month-long negotiation to bolster the u.s. border is on life support. in a closed-door meeting yesterday, republican leader mitch mcconnell warned donald trump might want to make immigration a campaign issue, threatening gop support for any deal. >> on day one, i will seal the border, and i will shut down the invasion of our country. it's an invasion. >> the idea that someone running for president would say, "please hurt the country so i can blame my opponent and help my

politics" is a -- a shocking development. >> reporter: senators are trying to save their effort to overhaul immigration law, which would also pump tens of billions of dollars into ukraine for its war against russia. >> we are negotiating in good faith and want to get this done in a bipartisan way. >> does donald trump have the ability to kill this immigration deal? >> well, i think there's not a deal to be killed yet. >> reporter: south carolina's lindsey graham says he's urging trump to get behind the border negotiations, which he says are ongoing tonight. >> i will say to president trump if we can put this package together, you'll have more tools to secure america than you've ever had. >> reporter: among proposals being discussed, making it easier to expel migrants when border crossings spike and raising the requirements to claim asylum in the u.s. hanging in the balance, emergency money to help ukraine replenish its weapons and equipment as the biden administration says the pentagon has run out of money for ukraine. >> we have the ukrainian aid. it's vulgar and evil that anyone would turn our backs now on

ukraine right now. >> reporter: but that's also facing resistance from some trump allies. >> is there a risk the ukraine money falls apart too, that the ukraine component also gets killed here? >> oh, i hope so because i don't like that either. >> reporter: we spent the day trying to determine if trump was trying to kill this border deal. and moments ago, he eliminated any suspense, in a statement saying a border deal is a gift to democrats. j.b. >> scott macfarlane on capitol hill, thank you. former trump adviser peter navarro was sentenced today to four months in prison for refusing to testify to the house committee that investigated the attack on the u.s. capitol. the committee found that navarro spread misinformation on the 2020 election by making false claims of voter fraud. former trump adviser steve bannon received the same sentence for defying a congressional subpoena, but he remains free on appeal. navarro is also appealing his sentence. turning overseas, cia

director william burns is heading to france, hoping to help broker a deal between israel and hamas to release all remaining hostages held in gaza. a source tells cbs news that burns will meet with israel's intelligence chief and the prime minister of qatar. burns was involved in talks that led to previous hostage releases. there's a lot more news ahead on the "cbs overnight news."

>> announcer: this is the "cbs overnight news." donald trump took the itness stand today in his own

defense in the civil defamation trial from writer e. jean carroll in new york. carroll is seeking $10 million in damages for disparaging comments made after a jury found him liable for sexually abusing her. cbs's errol barnett was inside the courthouse. >> reporter: two days after a joyful win in new hampshire, former president donald trump was stone-faced, testifying in his own defense on the witness stand in new york. judge lewis kaplan presided over the previous civil trial in which trump was found liable for sexual abuse and defamation of writer e. jean carroll. and for this trial he emphasized no testimony could contradict the previous verdict, which left trump's lawyers with few questions. >> she's not my type. >> reporter: including whether he stood by the deposition in which he declared his innocence. trump said, "yes." at one point trump said of carroll, quote, she said something i considered a false accusation. the judge ordered the comment

stricken from the record. and when trump said, quote, i just wanted to defend myself, my family, and frankly the presidency, another objection and instruction to the jury to disregard. trump's entire testimony lasted only four minutes. and when he said before taking the stand, "i don't know who the woman is," judge kaplan reprimanded him for interrupting. exiting the courtroom, trump was overheard saying, quote, this is not america. now, jurors return in the morning for closing arguments and could potentially begin deliberations over this possible eight-figure defamation sum by lunchtime friday. and donald trump, who by the way was not required to testify and does not have to be here, j.b., he says he'll be inside the courtroom friday as well. >> errol barnett in new york. thank you, errol. opening statements today in a landmark court case that's pushing the boundaries of criminal responsibility. it's the first time a parent

could be held directly responsible for the killings carried out by their child. jennifer crumbley is charged with four counts of involuntary manslaughter for the school shooting in oxford, michigan, two years ago. cbs's elaine quijano is there. >> reporter: jennifer crumbley sat teary-eyed on day one of the history-making trial. >> jennifer crumbley didn't pull the trigger that day, but she is responsible for those deaths. >> reporter: her son was 15 when he shot and killed four students at oxford high school in michigan. ethan crumbley pleaded guilty and was sentenced last month. >> the defendant shall serve the rest of his life without the possibility of parole. >> reporter: the four students who died ranged in age from 14 to 17. seven others were wounded, including teacher molly darnell. >> i realize he's raising a gun to me. >> reporter: she showed jurors her bullet wound as she described what happened that day. >> i had texted my husband, i love you. active shooter. and then i started feeling blood

dripping down my arm. >> reporter: prosecutors say jennifer crumbley and her husband, james, ignored warning signs of mental health issues, including drawings of a gun with the words "the thoughts won't stop, help me." they bought him a gun as a gift. the defense revealed crumbley herself will testify. >> she did not have it on her radar in any way that there was any mental disturbance, that her son would ever take a gun into a school, that her son would ever shoot people. >> reporter: if convicted, the crumbleys could each face 15 years in prison, not for what they did, say prosecutors, but what they failed to do. >> they did nothing. they didn't do any number of tragically small and easy things that would have prevented all this from happening. >> reporter: defense attorneys say they will try to compel the shooter to appear as a witness for his mother.

his attorneys are advising him not to take the stand. meantime, james crumbley's trial is set to begin in march. j.b. >> elaine quijano, thank you. boeing's ceo was back on capitol hill today facing more questions about the safety of his company's planes. cbs news is just learning that tomorrow the first 737 max 9 jet will take off with passengers on board after weeks of being grounded. that will be an alaska airlines flight from seattle to san diego. here's cbs's senior transportation correspondent kris van cleave. >> reporter: the boeing production line stopped today for a safety standdown focused on quality control issues. >> the flying public is counting on us. >> reporter: the day-long production pause comes as questions swirl around an anonymous post purportedly by a boeing employee and an report in the air current that during final production, boeing accessed the door panel that

eventually blew off a max 9 mid-flight in order to make repairs to the fuselage. if that work occurred, the four bolts holding the door in place would have to be removed. after the blowout, those bolts remain unaccounted for. >> we're going to talk about transparency and responsibility, and that will be it. >> reporter: boeing ceo dave calhoun was back on capitol hill. >> we might want to make sure we're doing everything possible to ensure that these planes are safe. >> reporter: alaska and united airlines are now performing newly approved inspections on the door panels located in row 26 on alaska and row 30 on united. mechanics will confirm that door panel is properly secured and safe for flight. initial inspections found several jets with loose bolts. the airlines expect the max 9 to return to service as soon as tomorrow. >> does the plane have a credibility problem? >> the 737 max has a stained reputation as an aircraft, and boeing is going to have to work very hard to eradicate that stain, to make the public trust it again. >> reporter: the max grounding will cost alaska at least $150 million.

>> the ultimate goal is to make boeing better through this process and keep our customers and our employees having a lot of confidence in this airplane going forward. >> reporter: boeing declined to comment about those reports, citing the ongoing ntsb investigation. united and alaska say passengers who are booked on a max 9 who do not want to fly on one will be allowed to make changes without any additional costs. j.b. >> kris van cleave with the latest. turning now to some positive economic news. the commerce department reports that the economy grew at a faster than expected pace of 3.3% in the fourth quarter. and while consumer confidence is rising across the board, some groups are feeling better than others. cbs's nikki battiste spoke to people across the country. >> personally in my family, we are struggling. >> i think that the economy is doing horrible. >> we don't have retirement. >> we're doing fine.

>> reporter: to hear people talk, it's a tale of two economies. while the u.s. economy ended 2023 with stronger than expected growth -- >> instead of contracting, the economy has continued to grow. >> reporter: -- some americans across the country say they're not feeling the same boost to their bank accounts, and many are still treading water. >> everything from, you know, the cost of groceries to getting around. >> reporter: more than 12 million americans spent more than half their income on rent in 2022. >> the percentage of my salary that goes into rent is about 60%. >> reporter: more people are turning to credit cards to pay their bills, carrying balances with rates at an all-time high. some are using credit cards to pay for groceries. >> the prices of food the last few years is that they've been out of control. >> so they're looking at when i go to the grocery store, i'm paying 25% more than i did before the pandemic. >> 25% at the store adds up. >> it adds up fast, and it's not just groceries, of course. it's rent. it's auto insurance. and i think that's just

inescapable. >> reporter: the good news is with unemployment dipping to 3.7%, jobs are readily available, and wages are finally outpacing inflation. >> people could feel a lot better in a few months, but we'll just have to wait and see. >> reporter: some americans might also see good news in their 401(k)s and retirement accounts helped by a strong stock market. the economy is expected to be a key issue as voters head to the polls this election year. j.b. >> nikki battiste, thank you so much. the "cbs overnight news" will be right back

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feel the difference with nervive. there is breaking news from alabama where a death row inmate has just become the first person in the u.s. to be executed with nitrogen gas. here's cbs's manuel bojorquez. >> reporter: the state of alabama has executed inmate kenneth smith, using nitrogen gas for the first time in u.s. history. it involved placing a mask over his face, then filling it with the gas, which deprived him of oxygen. smith was one of two men convicted of murdering elizabeth senate in 1988. it's the second time the state has tried to put him to death after a failed attempt using lethal injection more than a year ago, one of three botched executions that year. >> it's an experiment, and we just think it's reckless. alabama has not shown that it has the competence and skill to carry out these executions. >> reporter: smith released a statement today through his

spiritual adviser, reading in part, we simply cannot normalize the suffocation of each other. support for the death penalty has declined over the last 25 years with half of americans polled saying they believe it's applied unfairly. some pharmaceutical companies have refused to make or provide drugs used for lethal injections, leading states like alabama to look for other options. the jury that convicted smith in the murder case recommended life in prison as a punishment, but they were overruled by the judge. that is something alabama law no longer allows. j.b. >> manuel bojorquez, thank you. a historic church dating back to the 1800s suddenly collapses. collapses. we'll have the details next. why are force factor vitamins so popular at walmart? force factor uses the highest quality ingredients to deliver powerful, healthy results from delicious and convenient supplements. that's why friends and family recommend force factor. rush to walmart and unleash

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designed with smooth tear edges, new charmin ultra soft smooth tear has wavy perforations that tear so much better for a smooth more enjoyable go. mmmmm. huh? mom, you ok in there? i'm tear-ific! enjoy the go with charmin. officials in new london, connecticut, are investigating what caused a historic church to suddenly collapse today. a woman who was inside when the steeple and roof caved in was not hurt. the utility company says there's no danger at the scene from natural gas or electricity. the gothic granite church shared by two congregations ates back

now this consumer alert. there's a recall on robitussin honey cough syrup because it may be contaminated and cause dangerous infections, especially among people with compromised immune systems. the company says healthy people

probably aren't at risk. the recalled products have expiration dates in 2025 and 2026. we have more information at cbsnews.com. a daughter gives her mother the gift of life, twice. the incredible story next. finally tonight, a story about one woman's gift of life to her mother. eileen harlin of baltimore donated a piece of her liver to her mom in august of 2022, and last month she donated one of

her kidneys. she's just the 14th person in the u.s. to make these donations to the same person on different dates. her mother, julia, suffers from a rare liver disease which ultimately led to her kidney failure. the gift of life and a daughter's love. and that's the overnight news for this friday. be sure to check back later for "cbs mornings" and follow us online anytime at cbsnews.com. reporting from the nation's capital, i'm james brown. this is "cbs news flash." i'm shanelle kaul in new york. the state of alabama executed inmate kenneth smith last night using nitrogen gas. this came after the supreme

court and alabama's governor chose not to intervene. it's the first time nitrogen gas has been used for an execution. meta has announced new messenger settings for teens on instagram and facebook that block messages from strangers and require parents' approval to change. meta's ceo, mark zuckerberg, and other social media executives will testify before the senate on child safety next week. and just days after becoming the first amateur to win on the pga tour in 33 years, alabama sophomore nick dunlap says he's leaving school to go pro. for more, download the cbs news app on your cell phone or connected tv. i'm shanelle kaul, cbs news, new yo it's friday, january 26th, 2024. this is the "cbs morning news." a first-ever execution by nitrogen gas. alabama putting a convicted killer to death wiet