making news in america this morning, not guilty. the undocumented immigrant charged with killing katie steinle on a san francisco pier is acquitted of murder. >> from day one, this case was used as a means to foment hate. >> this morning the president's response and the new action that could bring the case back into the spotlight. tax plan setback. a late night drama on capitol hill after a new estimate reveals how much the republican tax cuts will add to the deficit. this morning the struggle for a deal and the word one lawmaker is using to describe the process. new details in the matt lauer sexual misconduct scandal as more accusers come forward. this morning lauer's ex-wife is coming to his defense. parenting alert. new evidence that being addicted to their smartphone can alter a teenager's brain.

what it could mean for their behavior and their health. and -- ♪ can you tell me how to get how to get to sesame street ♪ >> headed to "sesame street." how an extra credit project just landed these two young men a special deal with the legendary kids' show. good morning to you all. i'm diane macedo. >> and i'm kenneth moton in for kendis gibson. we begin this morning with that agonizing not guilty verdict for the family of kate steinle. undocumented immigrant jose ines garcia zarate admits to shooting steinle on a san francisco pier two years ago but says the gun went off by accident. >> kate steinle's father says his family is saddened by the verdict. he calls it a case of justice rendered but not served. after more than two painful years for kate steinle's family, a verdict many did not expect. jose garcia zarate found not

guilty in the shooting death of the 32-year-old on the san francisco pier in july of 2015. >> we believe the verdict is a correct and accurate reflection of the law and what happened. >> reporter: garcia zarate maintained his innocence saying he found the gun under a chair on the pier, and when he examined it, it accidentally fired. the bullet ricocheted hitting steinle as she walked with her father about 90 feet away, but garcia zarate was in the country illegally after being deported five times and had multiple felony convictions. weeks before the incident he was awaiting a sixth deportation when the san francisco sheriff's department released him instead. >> from day one this case was used as a means to foment hate. >> reporter: during the presidential campaign then candidate donald trump used the case to promote his border wall and a crackdown on so-called sanctuary cities. >> we are going to build a wall, and we're going to stop the drugs, the gangs and the violence from pouring into

colorado and from pouring into our country. we're going to shut down the sanctuary cities that have led the preventable deaths of so, so many. cases like kate steinle murdered in san francisco by a five-time deported illegal immigrant. >> reporter: overnight president trump tweeted, a disgraceful verdict in the kate steinle case. no wonder the people of our country are so angry with illegal immigration. attorney general jeff sessions reacted to the verdict writing in a statement that garcia zarate would not have been on the streets of san francisco if the city simply honored an i.c.e. detainer adding, the department of justice will continue to ensure that all jurisdictions place the safety and security of their communities above the convenience of criminal aliens. >> we'll respect that decision. this really is about the steinle family. they've shown incredible resolve during this whole process, and

our hearts go out to them. >> garcia zarate was found guilty of possessing a firearm waiting to be sentenced but the case isn't over yet. the justice department says it could now pursue federal charges against him. and now to the other big story overnight. senate republicans are scrambling to make last-minute changes to their tax reform plan. >> that's because a new report found it would add a trillion dollars to the debt. wall street is watching all of this closely. on thursday the dow had its best day since march surging 332 points. but that's when it looked like the plan would sail through the senate. now things have hit a snag. abc's arlette saenz has new details. she's live in washington. good morning, arlette. >> reporter: good morning, kenneth and diane. it was a bit of a hectic scene over in the senate last night, senators were ducking on and off the senate floor even squeezing in a few bites of pizza. republicans started the day optimistic about passing a tax plan. but now they're going back to the drawing board to win over some hold-outs. senate republicans are working in overdrive hammering out the

final details of their tax plan. >> failure is not an option. we need a tax cut. >> reporter: the package got a big boost from senator john mccain. this summer he sank the gop health care bill. now he's on board for taxes. but republicans are scrambling to win over the hold-outs. >> do you think there's any chance you don't pass this bill? >> i think it's likely to pass. >> reporter: one of those hold-outs is senator bob corker seen here on the senate floor huddling with gop leaders. corker's concerned about how much the plan adds to the federal deficit. >> it's not finished. >> reporter: senator ron johnson is also withholding his support. he wants more tax cuts for business owners. the plan cuts tax rates for individuals and corporations. the corporate tax cuts are permanent, but the individual rates go back up in a decade. a recent congressional budget office analysis found those earning over $100,000 a year will benefit the most. and in ten years lower and middle income americans lose out. senate democrats are blasting

the bill. >> what this is is a grab bag full of special interest goodies for multinational corporations. >> reporter: on cnn independent senator angus king criticized the process. >> to call this a circus would be an insult to circuses. >> reporter: after calling off votes last night, the senate will be voting this morning, but it's unclear what exactly they'll be voting on. kenneth and diane, those negotiations will be playing out in the coming hours. >> it'll be interesting to see if those lawmakers actually know what they're voting on coming up. thank you, arlette. and secretary of state rex tillerson is expected to join president trump for lunch at the white house today amid reports that tillerson is about to be replaced. sources say a plan is in the works to push tillerson out by the end of the year possibly replacing him with cia director mike pompeo. when asked about it, the president would only say rex is here, and his press secretary gave a similar response. >> can we deduce from that that the president has confidence in

the secretary of state? >> i think i addressed that pretty clearly just now. >> is that a yes? >> as i just said and as we've said many times before, when it comes to questions like this of senior staff and cabinet secretaries, when the president loses confidence in somebody, they'll no longer be here. >> the president has undercut tillerson on several occasions and tillerson has refused to confirm or deny a report that he once called the president a moron. and now to a new report about the russia investigation. "the new york times" reports the president has repeatedly urged top republican senators including the chairman of the senate intelligence committee to end the investigation. sources say the president expressed similar concerns to other lawmakers last summer but they downplayed it. democratic leaders in congress are now urging congressman john conyers to resign as he faces sexual harassment claims. conyers was hospitalized yesterday for a stress-related illness. house minority leader nancy pelosi called for his resignation at a news conference but conyers' attorney says it's

not pelosi's decision to make. meanwhile, texas congressman joe barton now says he will not seek re-election after his nude photo was made public. and in the senate an ethics investigation is under way after six women accuse al franken of misconduct. time now for a look at your weather this friday morning. preparations are under way across the country for what's likely to be much colder conditions by the end of next week. millions on the east coast will see windchills below zero. and forecasters say, don't be surprised if those chilly conditions stick around for some time. but for now most of the country is enjoying mild to warm temperatures with highs in the 40s and 50s. most northern states, 60s and 70s in the south with miami getting into the 80s. 81 down there, nearly 80 in phoenix.

well, coming up, the controversial t-shirt that walmart will no longer be selling. but first the new theory about the mystery death of a border patrol agent in texas. and for the thousands of wounded warriors returning from battle, wounded warrior project has developed the warriors to work program, a unique program that helps wounded warriors translate their military experience to the civilian workplace. the warriors to work program also works with employers to find the right job for the right warrior. contact wounded warrior project at findwwp.org. welcome home the brave.

first of all, my name is pyle, private first class gomer pyle. >> that's jim nabers in his best-known role, goofy but good-natured marine corps private on the "the andy griffith show." he died at his home in hawaii thursday. the gomer pyle character was in complete contrast to his booming baritone singing voice. nabers spent 60 years as a performer. he was 87. authorities in texas say

there is a new theory about last month's death of a border parole agent. rogelio martinez died after he and his partner were found with severe head injuries along a highway. they now say the agents may have been hit by a tractor trailer. the president and other leaders have said the agents were attacked. the deadliest mass shooting in u.s. history is now taking an economic toll on las vegas. tourism is down more than 4% and game something down more than 6% since the attack. the visitors authority reports more cancellations after the shooting on october 1st when a gunman killed 58 people at a music festival. meanwhile, las vegas police have released new surveillance video of a suspect in disguise during the robbery at the bellagio tuesday. he was carrying a gun that he used to hold up the cashier at the poker cage. he then got away in a stolen car. police say the owner of the car was tied up in the truck but escaped. people in the east coast are bracing for potential aftershocks following a rare 4.1

magnitude earthquake. it was centered in delaware yesterday but shook homes as far away as new york and virginia. no damage has been reported. and walmart has removed a controversial t-shirt from its website. the writing on the shirt suggests that journalists should be lynched. walmart says the shirt is from a third party seller and violates corporate policy. the fda has cleared the way for a new accessory for the apple watch that can monitor the electronic electrical rhythms in your heart. it's a sensor that pairs with an app which can detect abnormal heart rhythms. the sensor snaps onto the watch's band. all the user has to do is touch it for an ekg and within 30 seconds that can be sent to a doctor. >> pretty cool. definitely. coming up, why chocolate milk is making a comeback. first matt lauer's ex-wife speaks out for the first time about the sexual misconduct claims against him. later how smartphones are changing our brains. nt to talk .

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we're back with new details in the matt lauer sexual harassment scandal. he was seen here at his $30 million estate in the hamptons and reportedly met with his lawyer. the fired "today" show host is now facing as many as eight accusers as we get his first public reaction to the shocking allegations of inappropriate sexual behavior. >> lauer issued an apology saying he's embarrassed, ashamed and truly sorry, and now his ex-wife is coming to his defense. nancy alspaugh told "entertainment tonight," quote, i never saw him as a power monger or somebody who would abuse his position. she went on to describe, quote, the selfless giving part of him which people tend to forget whenever this kind of a situation comes up. he would give you the shirt off his back. meanwhile, the scandal could cost lauer an expensive property he bought oversees. "the guardian" newspaper says lauer may be forced to sell his farm in new zealand because owners are required to be of, quote, good character.

and outrage is growing in london over president trump's retweeting of several anti-muslim videos. "the daily mirror" says trump is not wanted in britain and is calling on the government to cancel trump's state visit next year. those anti-muslim videos were originally posted by a far right british group opposed to immigration. members of the parliament say trump is not welcome in the uk. >> action is needed now. not a slap on the wrist. cancel the state visit. >> by sharing it he is either a racist, incompetent or unthinkable or all three. >> british prime minister theresa may says no date for trump's state visit to great britain has been set. she has called those retweet, quote, the wrong thing to do. a major development this morning in the mystery surrounding the unsolved murder of a baltimore police detective. sean suiter was shot in the head the day before he was scheduled to testify against a group of his fellow officers in a corruption case and now prosecutors say detective suiter was unknowingly used in a

scheme by other officers to plant drugs in a suspect's car. suiter was killed at a scene with his partner last month. no arrests made despite a $215,000 reward. city leaders are now asking the fbi to investigate. well, it's official. school lunch rules will be changing in time for the start of next school year. the trump administration is loosening the regulations imposed during the obama years. that means chocolate milk will be making a comeback and schools can opt out of providing whole grain products. they'll also be able to keep sodium levels the same instead of reducing them. and there's now some scientific evidence that constantly spending time on a cell phone can change the chemistry of a teenager's brain. a small study of teen boys found those who were thought to be addicted to their smartphones had an imbalance in their brain cau caused by a chemical that slows down their neurons and it made it harder for them to pay attention and stay focused. the same teens were more prone to anxiety and impulsive

behavior. a player on the philadelphia eagles is facing a lawsuit this morning. he's accused of seducing another man's wife. fletcher cox is a two-time pro bowl defensive lineman. he's being sued by joshua jeffords who claims cox destroyed his marriage. jeffords says cox met his wife catherine in march and they had an affair before staying in touch on social media and by text. >> i found some pictures that he had sent to her that i found highly inappropriate. i know that she texted him after i found out and the only thing she texted was he knows. >> jeffords split with his wife after confronting her. he's seeking at least $50,000 in damage. cox signed a contract with the eagles worth more than $100 million. he has yet to comment on this case. up next in "the pulse," the student whose project helped him land a special role on "sesame street." also ahead, a man goes to a waffle house and finds out all the employees are asleep.

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i just don't want to let these people down. excedrin migraine. relief that works as hard as you do. ♪ sunny days time to start "the pulse" and we're starting things off with a talented college student who can now tell you how to get to "sesame street." >> he landed a deal with the children's show after the class project got the attention of thousands of people. take a look. ♪ the rna reads the other side ♪ myosis is the key to making life ♪ >> that's morehouse college sophomore julian turner and his extra credit video for biology class that went viral teaching kids about cells. julian has announced that he and

his sister, his younger brother, i should say, became two of the youngest filmmakers to ever be commissioned to produce a film for "sesame street." it will be featured in the 2018/2019 season. >> very cool. >> it is cool. and people across the country have some strange questions for google. >> at&t has compiled a list of the top why do questions searched in each state. in louisiana the top question people ask google is why do people yawn? >> well, in washington, d.c., the top search is why do i sweat so much? and in arizona, people are googling why do people lie? >> ooh. one question number one in several states, why do dogs eat grass? why do people yawn? i mean, that part seems pretty easy. >> well, it's a rough life for the dogs. >> especially when we're up early. tired. well, a south carolina man took matters into his own hands when he got the late night munchies. >> alex bowen went to a waffle house and the staff, they were asleep. so bowen jumped into the

kitchen, fired up the griddle, made his own breakfast, scattered, diced hash browns. he even went on facebook, snapped some selfies, even cleaned up after he left, diane. >> said he scraped down the grill. finally a near disaster narrowly averted on live television. >> they were doing a liquid nitrogen experiment on australian tv when one of the hosts was nearly hit by a soda bottle. check that out. just within inches of her face. >> so close. >> the host claims she couldn't hear out of one ear after the incident. apparently she was holding the bottle but wasn't given clear instructions. more news after this. victoza® lowers my a1c and blood sugar better than the leading branded pill. (avo) and for people with type 2 diabetes treating cardiovascular disease, victoza® is now approved to lower the risk of major cardiovascular events such as heart attack, stroke, or death. and while it isn't for weight loss,

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good morning and thanks for joining us on this friday, december 1st. i'm matt keller in for reggie aqui. >> the 1st of december already. i'm natasha zouves. we have frances in for alexis. great to see you. and we have drew in for mike. hi, drew. >> good morning, december 1st, can you believe it? one month away from 2018 and really today it will start off chilly. winter jacket is a necessity out there and visibility issues in the north bay. live doppler 7 showing you right now santa rosa some dense fog. visibility down to less than two miles. take note of that early on. outside we go with our camera looking good. clear skies pockets of fog. a check of the roads with frances. good morning. >> good morning, drew. it's friday and things are looking good right now.

highway 4 to the maze right now is 16 minutes. across the bay bridge seven minutes. 1 101 is fine. you're good to go right now. guys? >> thank you, frances. many people are still shocked the jury reached a not guilty verdict in the shooting death of kate steinle. >> after six days of deliberations jurors decided jose ines garcia zarate did not intentionally kill steinle and found him guilty of possessing a gun. lyanne melendez has more. >> reporter: surrounded by local and national media matt gonzalez sent his condolences to kate steinle's family while asking the jury's be respected. >> they deliberated as a group. they heard readback testimony.

they looked at the physical evidence and rendered a verdict to the best of their abilities in accordance to the law. >> reporter: that included the stolen gun used to kill kate steinle which was brought in at the request of the jury. within a few hours they had made up their minds. >> it was a verdict we were not hoping for. i know both sides fought very hard. again, the jurors are the ones that make a determination on case and we will respect that decision. >> reporter: the prosecution argued jose ines garcia zarate had the gun with him when he got to pier 14, aimed it at steinle and fired the gun. no motive was ever given. the jury was instead convinced by what the defense argued which was that garcia zarate fund the gun there wrapped in a piece of cloth and when he handled it the gun accidentally fired. the bullet ricocheted first and traveled another 78 feet before hitting steinle in the back.

after the verdict the public defender explained why he was found guilty of possessing a gun but found not guilty of murder. >> the crime of possession of the gun only requires that the person knowingly possessed a firearm. that's the only requirement. >> reporter: meaning the moment garcia za rhrrate picked it up realized it was a gun he was in possession of that weapon. the steinle family gave an exclusive interview about the case to the "san francisco chronicle." we spoke with the editor, john diaz, about his interview. he says the steinle family was braced for a not guilty verdict and just wanted the trial to be over. >> they're a remarkable family and they have no vengeance. they're very deep in their faith. nevertheless, they were stunned. i talked to the father and