5 news this morning. your next local update is 7:26. "cbs this morning" is coming up next. have a great tuesday. captions by: caption colorado comments@captioncolorado.com good morning to our viewers in the west. it is tuesday, december 17th, 2013. welcome to "cbs this morning." almost orwellian. a judge's historic ruling against the nsa surveillance program. plus if you're flying east expect more snow today. >> doctors say stop spending money on vitamins. and more than half a billion dollars on the line in tonight's mega millions drawing. how your odds of winning are changing. >> but we begin this morning with a look at today's "eye opener," your world in 90 seconds. >> you can't violate the constitution. you can't use national security abuses to violate the constitution. >> a major legal blow to the nsa. >> a federal judge says the nsa's collection of americans' phone records is most likely

unconstitutional. >> glen should this vindicate edward snowden? >> how can it not vindicate him? >> breaking news this morning, a helicopter crash in southern afghanistan. >> six american service members were killed. the cause is still under investigation. >> the wildfire in big sur, california, has destroyed at least 15 homes and forced the evacuation of 100 residents. >> mesh's veterans emerging at the center of a budget battle as the senate is set to vote today on a deal that would cut military retiree benefits. >> tonight mega millions jackpot isn't ap all-time record but a good chunk of change. >> $586 million. >> everybody's going crazy. >> rock and roll hall of fame northern plainsed its new inductees. kiss nirvana, hall and oates, peter gabriel, and cat stevens. george zimmerman put this up on ebay. it quickly skyrocketed up to nearly $100,000. >> all that. >> joe johnson! he can't miss!

>> paul mccartney, get the man a t-shirt. >> on the way, and it is good! from 61 unbelievable! >> win the game. my fantasy team is benefiting. >> "all that mattered." >> justin timberlake stopped the concert. he asked a guy to come up and facilitate this proposal. >> he has something he wants to say. >> on "cbs this morning." >> there's been no change in our position. he faces felony charges here. he ought to be returned to the united states. >> make him feel safe we'll meet you in a special amnesty zone. >> this morning's "eye opener" is presented by toyota -- let's go places. >> welcome to "cbs this morning." good morning, norah. >> good morning to you, charlie. >> we have interesting news this morning from washington. the argument over national security moves to the white

house. president obama meets this morning with executives from more than a dozen tech firms including apple, twitter, google, and facebook. >> the meeting is supposed to focus on haifshg,ealthcare.gov, but the group is going to talk about the nsa program revealed by edward snowden. jan crawford is in washington. good morning. >> reporter: good morning, norah and charlie. that meeting with those tech executives is going to take place less than an hour from now. it comes on the heels of the ruling yesterday where for the first time a judge said this surveillance program, which collects telephone data from hundreds of millions of people is probably unconstitutional. in a 68-page ruling federal judge richard leon described the government surveillance program has almost orwellian, a dragnet, and what once would have been considered the stuff of science fiction. he even invoked the founding fathers. "i have little doubt the author of our constitution, james madison, would be aghast." under the nsa program, the

government collects and stores data on hundreds of millions of telephone calls, not who made the calls or their content, but information like when a call took place and how long it lasted. the administration says it can use that data to analyze connections to potential terrorists. >> by sifting through this so-called meta data they may identify potential leads with respect to folks who might engage in terrorism. >> reporter: but in his decision, judge leon questioned whether the program even works, saying the government does not cite a single instance where the program actually stopped an imminent attack. the case is one of several filed after former national security contractor edward snowden leaked details of the program's existence. and the legal battles come as the administration now is reviewing whether all of its surveillance programs should continue. monday's ruling by judge leon who was appointed by george w. bush, is the first to call the

telephone program unconstitutional. 15 other judges on a special court to review classified programs have upheld it on 35 different occasions. >> this is the beginning of a conversation but it's not the end of the conversation. >> reporter: orrin cur is a law professor at george washington university. he says the decision will likely be reversed on appeal. >> it's more likely than not it will be joef turned. it's an outlier relative to other decisions on this issue. >> this program will continue while this is appealed. remember, in the meantime this program is also being reviewed by the obama administration and it is expected to decide in the next month or so whether to continue it in its current form regardless of what the court's rule or whether it needs some limits. >> jan thank you. john miller is former deputy director of national intelligence. good morning. >> good morning. >> you know the nsa and did a "60 minutes" piece about them.

how will they react to this decision? >> well, the first thing they're going to do is look at appealing it. but as jan pointed out, this could be a moot point. if the presidential panel that was appointed to look at this recommends a policy change the tracks with what the judge is recommending, and what they're talking about is can the nsa maintain this big databank with all of the phone records of americans called and search that when they find a terrorist number overseas, or do they have to go -- it's under a blanket court order that said they can keep it or do they have to go to the court each time they get it. the nsa's concern is to do that order by order could take seven to nine days and sometimes if a terrorist plot is unfolded quickly that's too long. i think they're going to look at this system and whether that data can still live there, the presidential panel is going to recommend, we're told by sources, that it lives somewhere else, that the data is maintained but the phone companies keep it and they have to get those orders.

>> i want your take on other important news this morning concerning robert levenson the american who disappeared in iran when he was living there in 2007. we know the associated press has reported he was on a cia mission at the time. i understand now cbs news spoke with this shadowy figure that met with levenson. who is this guy? what have we learned? >> he's an individual wanted for murder in the united states. it's a murder that courted in 1980. it was an assassination in maryland of a former iranian official. he fled to iran and has been living there out of reach of the united states for years. that was the person that levenson was going to meet. and when we spoke to sal again yesterday, and he's somebody we've been in contact with over the last couple years, our investigative unit said what happened that day? and he described meeting levenson, having dinner, walking on the beach, sitting on a rock talking together. and at some point he said iranian security officials, he

says -- he believes they were iranian security officials came, separated them, took him for identification, took levenson away and they neve saw him again. why is that significant? because yesterday we had the foreign minister on saying the government has no idea where he was and we didn't take him. >> you have the former president of iran acknowledging that there have been some negotiations about this. >> he told you in an interview that you both did together last year that he e thought that this deal had all been worked out between your intelligence agencies so that's an indicator. i've been told by people both iranian sources and u.s. sources, that at different times there have been negotiations behind the scenes to arrange a trade for levenson and for different reasons they fell through. >> they do know where he is. >> it seems we have two story lines here norah. one is the public story line we don't know where he is. after which the iranian foreign minister smiled knowingly, and

the sub rosa one, which is there's a lot going on in terms of discussions about getting him back. >> does the u.s. government believe he's alive? >> they have no proof of life that shows them that. >> john thanks. in southern afghanistan this morning six american troops died in a helicopter crash. it is the largest death toll there in a single incident for months. cbs news has learned the black hawk made a hard landing in zabul province. american forces then came under attack. the taliban is claiming responsibility. nato says initial reports suggest there was no other fighting or insurgent activity in the area this morning. cold rain is making its way into the pacific northwest today. if you're heading east, a fast-moving storm is dumping a new round of snow from the mid-atlantic to new england. snow the piling up around new york city. new jersey is dealing with its fourth snowstorm in ten days. some schools are planning delays or closures. in the philadelphia area winter weather advisory is posted. commuters there face a sliply

ride. wbbm is tracking the storm. >> thanks charlie and norah. another day, another snowstorm. impacting chicago for the morning commute with what we would call nuisance snow but for the northeast it will be much more than that especially for folks in new england as the system continues to deepen as it exits the coastline. snowfall estimates from this are a little lower around pittsburgh and philadelphia. could be as high as 2 to 4 inches just outside of new york city and as high as 6 to 8 potentially from boston up through portland. minor snow from the midwest into much of the mid-atlantic and into new york city. but if you get a little closer to the boston area, there we see the potential for some higher snows. in fact, that low pressure deepening there is going to mean providence boston around portland could see 3 to 6 plus inches of snowfall. white christmas probabilities pretty high for the blue shaded area meaning anywhere north of chicago and back across the mountainous areas in the west. pretty low chance from texas to florida. charlie, norah? >> megan, thank you.

snow may have caused this delta flight to slide off the runway in wisconsin. the jet coming in from minneapolis had just landed at dane county regional airport in madison yesterday. about 60 passengers were on board. now, as the plane taxied it suddenly veered off course. the pilot of the boeing 737 called for help. >> 335, are you off runway? >> delta 385, i think you're going to have to send the trucks off. it would appear that we are all the way off the runway into the snow covered. >> no up with was hurt. the airport was briefly shut down while buses took passengers to the terminal. >> this morning hundreds of firefighters are battling a wildfire in california's big sur coast. the viper fire already burned an area the size of 500 football fields. at least 15 homes are destroyed. as ben tracy reports, no one is being spared from the fury. >> reporter: the fire broke out early monday morning.

more than 600 firefighters are trying to protect the natural beauty of the big sur region. it's been suffering the same tinder-dry conditions as the rest of california. the state's so-called fire season has become a year-round threat. big sur fire chief martha karsten lost her own home to the blaze. >> it's very personal and when you see on the news other homes burning down and other fires you sympathize, but when it happens to you, it still has not sunk in. >> reporter: the flames were too much for 16-year-old fabian perez and his family, who also lost their home. >> me and my dad right now, we got fire hoses, started fighting the blaze, but it was too late basically. i lived there my whole life and it's gone in the blink of an eye. >> reporter: big sur is about 150 mile ls south of san francisco. it boasts some of california's most spectacular coastline. the area has not burned since

2008. firefighters expect to get the upper handle on this fire today and tomorrow thanks to lower winds and cooler temperatures. the cause of the fire is still unknown. for "cbs this morning," ben tracy, los angeles. a big surprise this morning for health conscious americans. more than half of us take vitamin and mineral supplements but some of the nation's top doctors say billions of dollars are being spent for nothing. >> the doctors reviewed three large studies on the supposed health benefits. they believe the case is closed. and that most supplements have quote, no clear benefit and might even be harmful. cbs news contributor david akers is in los angeles. good morning. >> good morning. >> what evidence made it so persuasive to them? >> at some point, scientific data hit a critical mass where it's no longer a question. we have actually have a conclusion. three large studies published this week, the first involved there were 400,000 people with

multivitamins and not and multiple studies that showed no effect on heart disease, cancer or preventing chronic disease. the second study was a random study looking at heart attack which showed no benefit. and the third was an elderly show nothing effect on cognitive decline. this is on top of a large study last week looking at over 400 clinical trials with vitamin d show nothing benefit at all. the conclusion is vitamins have no benefit to the average american. >> so no benefits. but is there a harm? >> well there are several studies that were done at costs of hundreds of millions of dollars showing, for example that vitamin e in large doses increases prostate cancer in men by 17%. beta carotene and vitamin a dramatically increases lung cancer and death in smokers and former smokers. vitamin d can induce bone fractures in women. >> no exceptions to this in terms of case closed no harm but no benefits? are there exceptions in which

people should use vitamins and in what way? >> very good point, charlie. there are exceptions. clearly women clearly should take prenatal vitamins. there's good data there. people with certain eye conditions there's data vitamins can can benefit them. people on bone strengthening drugs. there are some small exceptions. >> doctor thank you so much. >> thank you. >> new concerns about the growing use of anti-bacterial soaps and body washes. the food and drug administration is giving manufacturers one year to demonstrate their product safety. study ls show common anti-bacterial disresults hormones in animals. scientists also fear the liquid soaps can make bacteria more drug resistant. and the fda says there is no evidence they work better than regular soap and water. we'll learn more about this from a top ip feck disease specialist in the next hour. >> this morning the mega millions jackpot is on track to shatter the record for u.s. lottery. if no one gets the right numbers by christmas eve, the number

could soar to $1 billion. but for now, players are only thinking about tonight's drawing. michelle miller is at a train station in hoboken, new jersey. michelle, would you get charlie and i a ticket? >> i sure will norah and charlie. well, the jackpot now stands at half a billion dollars. mega millions lottery officials have already sold 75 of these and expect to sell more by day's end. that as the odds of winning have become even slimmer. in new york city helen felt like making a bet. >> i always get four they say you only need a dollar to wip with four people on it. >> unfortunately, changes in recent months mean dwindled chances for winning mega millions. odds of winning the jackpot used to be 1 in 176 million. this past october those odds changed to 1 in 259 million.

players used to have to pick six numbers from 1 to 56. now it's 1 to 75. since mega millions changed the rules, there has not been a winner and that drives up the jackpot. today's prize is the fourth largest in u.s. history. over the last 20 months mega millions and powerball, its main competitor, have had five jackpots over $400 million. sociology professor ito tavares studies the behavior of how people make decisions. he says when lottery players start to fantasize about their future after winning the lottery, their choice to enter seems rational. >> what they would buy their mother, their friends, what car when you feel like there's something that could happen not just kind of a fantasy you're having out of nowhere, i mean then the odds don't matter that much. >> reporter: megamillions is played in california arizona,

oregon, 40 other states and the district of columbia. and even with those odds you do have a shot at winning. it could take you 21 million years. norah, charlie? >> thanks michelle. time to show you some of this morning's headlines. the "detroit free press" says general motors will invest $1.3 billion. most of the money will go into three michigan plants. it will pay for mu equipment and upgrades. >> "the new york times" says a british drugmaker will no longer pay doctors to promote its products. glaxo smith clip is the first major drug company to end the controversial practice. it will also stom tying the compensation of salespeople to the number of prescriptions written by doctors. >> politico looks at the confirmation of jeh johnson so lead the department of homeland security. the senate overwhelmingly approved the nomination 78-16. johnson is a national security expert who served at the pentagon's top lawyer. >> "the washington post" says drives are ignores the risks of

texting and talking behind the wheel. a new survey from aaa finds more than 40% of motorists between annals 19 and 39 text while driving. more than half of all drivers questioned admit they talk on the phone. >> and the chicago trib xwrun says dennis rodman will return to northern california thursday korea thursday. leader kim jong-un's uncle was purged and executed last week. the trip's sponsor says it's safe for rodman to go. high pressure offshore winds going to bring another mild day to the bay area but then big changes after that as that low is going to start to sweep onshore. that means some much cooler air. so enjoy the mild temperatures and a few high clouds drifting overhead, still a "spare the air" in effect for today. things change toward tomorrow as it looks like that ridge going to move out of the way. temperatures 68 degrees in san jose. 65 in san francisco. and 67 in santa rosa.

much cooler wednesday and thursday. warming up for the weekend. >> a er: this national weather report sponsored by toys "r" us. make all their wishes come true. e. he calls it a collection of stupidity, incompetence and waste. >> we're going to reveal one senator's new report full of questionable government spending. >> the news is back in the morning here o

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unusual move. that story is your realtime captioner is mrs. linda m. macdonald good morning, it's 7:26. i'm michelle griego. a house under renovation collapsed in san francisco's twin peaks neighborhood. about 10:30 last night, the supports apparently gave way and the house slid down the hill until a retaining wall stopped it. that's where it sits this morning. no one was injured. there are now two fires burning in redwood city. flames from the sims metal management on seaport boulevard spread to a nearby business. firefighters have the fire contained. they are now worried about air quality. you can see all of that smoke. fire started about 1 a.m. several people called 911 after hearing explosions. stay with us. traffic and weather in just a moment.

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good morning. metering lights are on now over at the bay bridge toll plaza. it is stacked up for about a 20 minutes wait to get you on the span. it's also very slow on our sensors up the incline towards yerba buena island. and the eastshore freeway is the slow he was approach. we had an earlier accident in richmond and traffic is heavy out of hercules. seaport boulevard shut down. >> a lot of high clouds streaming overhead this morning outside. not as cold out the door and looks like we'll have a mild afternoon today. expect those highs as high as 68 degrees in san jose. 67 in mountain view. and 65 in san rafael. cooler and fresher air on the way with the nice sea breeze wednesday and thursday.

♪ tell people what this tell people what this is and what it's going to do for us. >> in addition to all the promoting i've been doing for the movie i've also been traveling with the vienna boys choir. ♪ please make this time of year a special time to love friends and family ♪ ♪ and be thankful for all of your blessings ♪ ♪ christmastime is here ♪ >> don't you love will ferrell? >> i do. he's a riot. >> welcome back to "cbs this morning." coming up in this half hour the $80 machine known as big bertha is designed to drill a giant hole through the heart of seattle. but now it is running in to a mysterious, huge roadblock. and listen you want to know a secret? dozens of unheard beatles recordings will be released

today. that's right. the legal loophole that could give fans a christmas gift. that's ahead. >> $1 million to build a bus stop in virginia $5 million for customized crystal stemware just some of the items paid for by the federal government last year. >> and a new report out today details $30 billion in questionable spending. nancy cordes is on capitol hill with the first look. nancy, good morning. >> good morning. here's another one for you norah and charlie, $1.5 billion to keep the lights on in unused or underutilized federal buildings. another one of the 100 examples laid out in this huge report that was just released a half hour ago. some of the numbers are staggering. like the $7 billion worth of u.s. military equipment being destroyed as u.s. troops pull out of afghanistan. then there's spending that just seems silly like a nearly $1 million grant for something called the popular romance project. a website and documentary that celebrates romantic movies,

books, and pop songs. $2 million to renovate a rarely visited civil war gristmill in virginia, and $3 million for nasa employees to attend seminars on how congress works. >> where was the adult in the room when these things were going on? >> reporter: the waste book is the work of republican senator tom coburn of oklahoma. a longtime deficit hawk. >> it's a compilation of about $30 billion. of stupidity. incompetence. and waste. >> reporter: by comparison, the compromise budget congress struck last week cuts the deficit by just $23 billion over ten years. congress has banned earmarks those pork barrel special interest projects that were used to grease palms in washington. but other types of waste have proved tougher to tackle. like the $3.6 billion in unpaid income taxes from federal employees and retirees. or the $400 million paid to government workers to do nothing during the government shutdown.

how many years have you been putting this book out? >> i think this is the fifth or sixth year. >> reporter: and have you ever gotten any traction in congress where members actually say, you know what we're going to get rid of this? >> no. they don't pay attention to it. because it's hard work to get rid of junk. it's hard work to do oversight. it's hard work to hold the agencies accountable. and so what they'd rather do is look good at home get re-elected, and continue to spend money. and that's republican and democrat alike. >> reporter: coburn argues it doesn't really matter whether the priorities laid out here are democrat or republican he says the question is can we afford to do things like pay people to like the state department on facebook when we're borrowing hundreds of billions of dollars a year. norah and charlie? >> nancy, thank you. and a mystery lies underneath seattle this morning. something is blocking this massive piece of equipment from carving out a new feature for commuters.

as john blackstone reports, that means slamming the brakes on the emerald city's version of the big dig. >> reporter: deep beneath seattle, something has brought the world's biggest power boring machine to an abrupt halt. it's just 1,000 feet into a tunnel that's planned to be almost 10,000 feet long. >> we're being really cautious. want to make sure that we don't damage this $80 million machine. >> reporter: the $80 million machine nicknamed big bertha stands five stories tall. it arrived in seattle earlier this year with much fanfare and high hopes. >> absolutely it's the way to go. every city should have a big tunnel underneath it. >> reporter: gregory howser is deputy project manager for the tunnel which is planned to stretch 1.7 miles under downtown seattle carrying a double-deck highway. it will replace the alaskan way viaduct, a raised concrete freeway built across seattle's waterfront in the 1950s. >> the viaduct is old and ugly and dirty, and it's going to

pfall down if the earth moves, and it shakes any more, it's going to fall. >> reporter: big bertha doesn't just drill, it installs concrete wall panels as it goes leaving a finished tunnel behind. >> this is a work of art. this is absolutely a work of all. and it's going to be beautiful when it's finished. >> reporter: the $3 billion tunnel is scheduled to carry traffic by the end of 2015. but engineers always knew they could run into obstacles. >> we've got a general idea of how many boulders there might be and what size they might be. but there's no guarantee that there couldn't be a 20 footer sitting in the way. >> reporter: the project director says it could take two weeks to figure out what is in the way, and how to remove it. wells are being drilled to lower the pressure of groundwater in front of the machine, and divers may be sent in to have a look. big bertha is named after bertha knight landis elected as seattle's first female mayor in the 1920s.

she broke through a major barrier. now, it's up to big bertha the drill, to do the same. for "cbs this morning," john blackstone, san francisco. >> that's awesome. one i like it's named after a woman. >> big bertha. >> number two, what an engineering marvel. absolutely incredible. >> things like that, a whole range of things that require great engineering, great innovation and great foresight. washington, d.c. is known for its monuments, landmarks and vast views but that last part could change. a sharp jump in growth means the nation's capital is running out of room to build. the only place to look may be up. chip reid is at the museum in washington. chip, good morning. >> good morning, charlie and nora. take a look at this view. you've got the washington monument, you've got the smithsonian castle, the mall all the museums that line the mall, and over here of course you've got a gorgeous view of the u.s. capitol. and all these views are made possible by a century-old law

that limits the height of buildings in washington, d.c. well, now there's a movement afoot to change that law, but people who cherish these views are fighting back. in the early 1900s, congress was worried that the hotels and office buildings in the nation's capital were becoming too tall and could one day threaten the beautiful views of landmarks like the u.s. capitol and the washington monument. so in 1910 congress passed the height act. a law that is still in effect today. it restricts building heights to about 160 feet which is why washington's buildings top out at about 13 or 14 stories. >> washington, d.c. is unique for what we call the horizontality of our skyline. >> reporter: phil mendelssohn is chairman of the d.c. city council. >> we are of all the major american cities the only one that does not have a downtown marked by skyscrapers. it preserves the city feel to the city and also enforces the

landmarks. it's a unique feature about the city that we like and we don't want to see it change. >> reporter: but while he and his colleagues on the city council want to keep the height limit in place, mayor vincent gray wants congress to change it. >> we're growing very rapidly for the first time in a long time. >> reporter: harriett tregoning says eventually there will be nowhere to build but up. she's imposing a height increase of 40 or 50 feet by now. >> we'll soon run out of developable land as least as it's currently zoned. >> reporter: but mendelssohn says hit constituents are passionate about keeping the height limit in place. after all they only have to look across the potomac river at the gleaming towers of virginia to see what washington could some day become. what do you think the chances are that 10 20 50 years from now there are going to be skyscrapers in washington, d.c.? >> i think as long as we use the urban design that has been the unique feature of washington, d.c. our nation's capital, the

chances are slim that there will be skyscrapers. >> reporter: so how does all this get resolved? well, first, congress would have to act, and we know how long that takes, because they would have to eliminate the federal law limiting the heights of buildings. then the d.c. government would have to decide how tall they want buildings to be and norah and charlie, you know as well as i do that all of that could take years. >> no doubt. chip, thank you. one of the highest points in washington is the statue of freedom. the woman statue right on the top of the u.s. capitol. >> and how high is the washington monument? >> oh, my gosh off the top of my head it's 500 and something. i can't remember, yeah. >> i don't know either. i do like the idea of small cities. european cities like rome you know, and here you see this in washington, d.c. on the other hand, you think about new york and sky scrapers it's a great thing to come over the bridge and there are all those glistening sky scrapers. >> one of the great things about television is i have this little thing in my ear >> that give you numbers. >> they just told me it's 565

feet. not bad off the top of my head. thanks. we'll show you why dozens of unheard beatles tracks are being released today. >> it's been a long and winding road, well 50 years since the beatles released their first album here in britain called please please me. it included cuts like, i saw her standing there, love me do twist and shout, songs you'd want to keep a hold off if you were the beatles. find out how they're doing that ahead on "cbs this morning." find out how they're doing that ahead, on "cbs this morning." ♪ she'll never dance with another whoo i saw her standing there ♪ [ male announcer ] this is jim, a man who doesn't stand still. but jim has afib atrial fibrillation -- an irregular heartbeat not caused by a heart valve problem. that puts jim at a greater risk of stroke. for years jim's medicine tied him to a monthly trip to the clinic to get his blood tested. but now, with once-a-day xarelto®, jim's on the move. jim's doctor recommended xarelto®.

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♪ and just because you're a wealthy rock star that doesn't mean you don't want a free t-shirt. paul mccartney did his best to try and grab. >> oh he missed though. >> a giveaway shirt in brooklyn with the nets and the sixers. as you can see, he came up empty-handed. let me say for the record, the

last time we were at the there, you caught one of those shirts. >> i did. it bounced off of something. it was a bank shot. >> that's awesome. eagles svening beatles fans rare recordings being posted online. mark phillips shows why the current holder does not have much choice. >> reporter: it was 50 years ago this year to butcher a games beatles lyric when this happened. ♪ the beatles first ever album "please please me" was released in brit. ♪ he was just 17 you know what i mean ♪ >> reporter: the beatles weren't much more than 17 themselves when they changed the pop music forever. ♪ how could i dance with another whoo ♪ >> reporter: 50 years later, the

lucrative rights with some of this dance may be with another. the copy rights is about to run out on some of this music. 59 recordings are being released today to protect the beatles' ownership for another 20 years says music critic chris roberts. you have to publish before the 50 year before it turns into a pumpkin at the 50-year mark? >> that's right, it's a public domain thing. anyone can publish them for $1.99. the music industry is to make sure that doesn't happen to the crown jewels as precious as it gets to the music business. >> reporter: the point of releasing the previously unreleased beatles records is not so much to sell more beatles music. it's it keep other people from selling beatles music. and to do so to beat european copyright laws that say you have to use it or lose it. and the clock is ticking. ♪ shake it up baby now ♪ >> reporter: the beatles are preparing a new anthology release for next year.

there's still a market for this stuff. j.t. rathbone the manager of this store say it's not just old people. >> i've got 17 and 18-year-olds buying this. there's very awe artists that they're not interested in. >> reporter: what's it all about, let paul tell you. >> another new one called "money!" >> reporter: for "cbs this morning," i'm mark philip in london. >> the classic question are you a beatles person or a rolling stones pe high pressure offshore winds going to bring another mild day to the bay area but then big changes after that as that low is going to start to sweep onshore. that means some much cooler air. so enjoy the mild temperatures and a few high clouds drifting overhead, still a "spare the air" in effect for today. things change toward tomorrow as it looks like that ridge going to move out of the way. temperatures 68 degrees in san jose. 65 in san francisco. and 67 in santa rosa.

much cooler wednesday and thursday. warming up for the weekend. in less than a week it turns from a secret to a blockbuster. how beyonce kept her album hidden from the world. and why it's shaking up the music industry. that's ahead on "cbs this morning." >> announcer: this portion of "cbs this morning" sponsored by smooth melting lindor lindt.

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♪ the rock and roll hall of fame has 60 new members this morning. some of the hardest hit bands are on the list. we'll show you who met it ahead on "cbs this morning."

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construction collapsed.. and moved down a san francisco hill in the middle of the night. the house had just been lifted so they could put a new foundation good morning. it's 7:56. i'm michelle griego. a houses under constructions collapsed in san francisco. it had just been lifted so they could put a new foundation under it. the supports gave way and inspectors are trying to figure out what went wrong. lots of smoke from a fire at a metal recycling plant in redwood city could be affecting air quality. it's contained but burning metal scraps. firefighters are suggesting people in the area should stay inside but an official "shelter in place" hasn't been issued get. >> stay with us. traffic and weather in just a moment.

a new three-car crash in the center divide causing a big backup now on the richmond/san rafael bridge heading westbound towards marin.

and you can see those slow sensors starting at the toll plaza. and if you are heading up on 101, this is what it looks like slow traffic from novato down into san rafael and this is a live look approaching ygnacio boulevard. so there you go. mass transit all on time. that's a check of traffic. here's lawrence. >> a few high clouds moving overhead today. got a lot of sunshine coming our way, temperatures cool in spots this morning. down to the 30s in some of the valleys. out the door, hazy sunshine, over the financial district in san francisco. it is another "spare the air" day. but i think the air quality could improve quite a bit as we head into tomorrow. and they have a low pressure system off the coastline. that's spinning up some clouds in our direction. no rain from the system but making for a neat sunrise today anyway. and a nice sunset tonight. temperature-wise, you're looking at 68 in san jose. 67 in livermore. and also into santa rosa. about 65 in napa and 65 in san francisco. next couple of days some much cooler temperatures headed our way and breezy conditions through thursday. warming up slowly over the weekend.

♪ ♪ good morning charlie. good morning everybody. it is 8:00 a.m. in the west. welcome back to "cbs this morning." a judge says it's likely unconstitutional for the government to collect your cell phone data. today president obama meets with tech companies. they want him to rein in the nsa. there's no stopping beyonce's new album. it came out of nowhere, but now it's climbing the charts. how her strategy could change the music business. inside target's design center, the products that will be under millions of christmas trees. first here is a look at today's "eye opener at 8." for the first time a judge said the surveillance program which collects telephone data from hundreds of millions of

people is probably unconstitutional. >> the presidential panel appointed to look into this will recommend a policy change that tracks what the judge is recommending, it could be a moot point. six americans died in a helicopter crash in afghanistan. >> i lived there my whole life. it's gone in the blink of an eye. jackpot now stands at $500 million. officials have already sold 75 million of these. a mystery lies underneath seattle. something is blocking this massive piece of equipment from carving out a new future for commuters. the conclusion is vitamins have no advantage for americans. all these views are made possible by the century-old law that limits the height of buildings in washington, d.c. the point of releasing the previously unreleased beatles records is not to sell more beatles music, it's to keep other people from selling the

music. >> are you a beatles person or a rolling stones person? even though they haven't had the drawing yet. i want to say congratulations to the eight people who work in a staple manufacturing plant. i'm charlie rose with norah o'donnell. gayle king will join us shortly back from south africa. high ranking silicone executives are meeting with president obama at the white house. last week some of the companies criticized the national security agency for collecting american's personal information. yesterday a court ruled against the nsa surveillance program exposed by edward snowden. jan crawford is in washington with the story. jan, good morning. >> it was a 68-page blistering i think is the word for it decision. that said the program was probably unconstitutional. the first of its kind. in this ruling judge richard leon said the program was almost orwellian and the founding

fathers would be aghast to say how invasive it is. the program collects and stores data of hundreds of millions of telephone records, not who made the call or content of the call but things like when the call took place and how long it lasted. the administration says it uses that information to help find connections between potential terrorists. this decision the timing of it also comes as the obama administration is reviewing which surveillance programs they're going to continue to operate. so regardless of what the courts eventually decide on this this is one program the administration is studying to see if there should be any new limits. jan, there was also something in this opinion about the efficacy of the program because when the president defended the program back in june, he said that the data that the nsa gathers can help terrorists. the judge seemed to suggest something otherwise. >> that's right, norah. this is a really interesting point. judge leon said when you're balancing these privacy concerns with the national security interests, that the government

hasn't cited a single instance where the nsa program actually stopped an imminent attack. then on the other hand he said the invasion of americans' privacy was so severe that the program couldn't be justified. he did delay this decision. this case is going to be appealed and there are some legal observers who think there's a good chance that this ruling is going to get reversed. >> jan, thank you. a new blast of snow hitting the northeast. a clipper is dropping heavy snow in hoboken, new jersey. our chicago station wbbm is tracking this morning's storm. >> reporter: here we go again with another snowstorm that will be pounding the northeast today. it starts in chicago with a little bit of light snow. the system that was in the midwest yesterday has pushed to the east coast and could dump heavy snow nothing like what we saw this past weekend, but another round of snow in an area

pretty hard hit and it's not even technically winter. could be more than six inches of snowfall around boston about an inch in charleston west virginia. minor snows through columbus and cleveland. if we head to the east coast where the low pressure will deepen if it exits the coastline, we anticipate providence boston and portland seeing three to six inches. it could be higher around parts of new york city from two to four inches there. what's your chance of a white christmas? virtually non-existent from texas to florida. a low chance in the whid shaded area. those closer to the canadian border have a much better chance. >> looks like washington and new york could have a white christmas. a frenzy of last-minute sales could send tonight's mega millions jackpot soaring. this morning it's at $586 million. in the past years, otds of winning were 1 in 176 million. in october the odds grew to one in 259 million because players

used to pick six numbers between one and 56 now it's between one and 75. there hasn't been a single jackpot winner since the change. if no one wins by christmas eve, the prize could reach $1 billion. overnight the newest inductees were announced. nirvana defined the grung sound of the 1990s, also on the list kiss peter gabriel and cat stevens. they join linda ronstadt and the pop duo hall and oates. the 29th annual ceremony will take place in new york city in april. the fastest selling album in itunes history hasn't been on sale for a week. beyonce's smash hit debuted with no warning and no publicity. anthony mason is with us. good morning. >> good morning. beyonce's new album was so secret, at her label columbia it went by a code name lilly. apple says it's already number one on itunes in 100 countries.

the runaway success has the music industry wondering if the new pub lipsity is no publicity. >> posted on social media at midnight last friday the pop diva announced the release of her fifth solo album titled "beyonce." the new album was such a closely guarded secret, even her most diehard fans were caught by surprise. it arrived without a tv blitz. there were no leaked singles. she bypassed all the traditional ways of generating buzz for new albums. >> i don't want anybody -- i want this to come out when it's ready and from me to my fans. >> keith calf field is associate director of charts for billboard magazine. >> sometimes all the height

doesn't necessarily work. sometimes the less you know about something, the more you want to find out about it. clearly people wanted to find out about beyonce's album. >> throughout the weekend fans lit up twitter with 1.2 million posts during the first 12 hours of the album's release. even katy perry and lady gaga got caught up in the excitement. beyonce calls her work a visual album because each song also comes with its own music video. >> i wanted people to hear things differently and have a different first impression, not just listen to a ten-second clip, but actually be able to see the whole vision of the album. it was important that we make this a movie. >> many of the videos were shot in public locations all over the world before the secret album dropped. >> i think everyone she worked with must have had an incredibly interesting non-disclosure agreement that they signed so no one knew what was going on until she gave the signal to say it was okay to tell people.

>> there are duets with husband jay z and hip-hop star drake. her daughter blue ivy also makes a cameo. with the album's immediate success, beyonce may have forced the music industry to rewrite its rules for promoting and marketing new records. >> not everyone will be able to do this in the future but certainly there are probably a lot of artists, a lot of "a list" artists and their managers and record labels are looking to what beyonce did this week and seeing what they can learn from that. >> the other thing that's interesting about this norah and charlie, she released it as an album. you can't buy singles which cuts against the grain of the whole single market. yet she sold 829,000 copies in just three days $13 million in sales. it's worked. >> and around the world. >> and around the world. >> and the video is good. >> and the video is good. i'm not sure anybody else could

do this but she could. >> is it a trend we'll see with other companies announcing new products, using social media to the utmost? >> certainly within the music industry they're asking that question a lot in the last couple days. i think -- there's no question it's really appealing to artists because they can go directly to their audience. they don't need to go through us, through anybody else and they can say here is my thing, you kind of need to be beyonce to have an audience that big to reach them. >> it's something george w. bush used to call the filter meaning us, the media. the last two presidential cycles we've seen presidential candidates trying to speak directly to people avoid what they call the filter. it's hard to believe anybody can pull this off better than beyonce. >> no. it is amazing they kept the release secret. people knew an album was coming but not when. it's remarkable. >> do you like it? >> from what i've heard of it it's really good. i thif that's another reason it's selling. >> did someone not give me the

pink memo today? i feel left out. >> we actually compare notes a lot. >> we talk early in the morning. >> would you let me in on the little club in the future? >> sure. let us look at the dress first. >> okay. let's stop there. this morning you'll meet the deejay who used to play top 40 hits from stars like beyonce. now bobby boze is turning into an unlikely star of country radio. that story ahead. pope francis turns 77 years old today. in his typical fashion he's observing the day simply. this morning francis celebrated mass ate breakfast with staffers at his residence. he also hosted four homeless people who lives on the streets near the vatican. he already blew out the candles on hiss birthday cake. children gave it to him saturday. members of his favorite soccer team are flying in from argentina to present the pope

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the government says anti bacterial soaps may be a health risk. a leading infectious disease specialist joins us to look at the new fda plan next on "cbs this morning". that's ahead on "cbs this morning." i don't just make things for a living i take pride in them. so when my moderate to severe chronic plaque psoriasis was also on display, i'd had it. i finally had a serious talk with my dermatologist. this time, he prescribed humira-adalimumab. humira helps to clear the surface of my skin by actually working inside my body. in clinical trials, most adults with moderate to severe plaque psoriasis saw 75% skin clearance.

and the majority of people were clear or almost clear in just 4 months. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events, such as infections, lymphoma or other types of cancer have happened. blood, liver and nervous system problems, serious allergic reactions and new or worsening heart failure have occurred. before starting humira, your doctor should test you for tb. ask your doctor if you live in or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b are prone to infections, or have symptoms such as fever fatigue, cough, or sores. you should not start humira if you have any kind of infection. make the most of every moment. ask your dermatologist about humira, today. clearer skin is possible. ♪ ♪ [ male announcer ] when you feel good, no one is immune. emergen-c has more vitamin c than 10 oranges plus other antioxidants and electrolytes to help you come down with a serious case of healthy. emergen-c. making healthy contagious.

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♪ in our "morning rounds," a closer look at one of our top stories. could soaps make you sick? well, the fda is taking a look at anti-bacterial soaps and body washes. the agency is proposing a rule that companies must prove the chemicals used in those products are safe and effective. dr. nicole bouvier is professor of infectious diseases in new york. good morning. what does this study look at? what did it show? >> so what we're talking sab proposed rule change that the fda is recommending. saying the manufactures are of anti-bacterial soaps have to

provide data to the fda to market the soaps. >> because there's no proof that? >> there's no good evidence that these products help prevent illness as proposed to just removing bacteria. is. >> you use the word safe. why do they have to prove that they're safe? >> there's been new research suggesting that these compounds may not be good for human health. so in animal studies there have been season hormonal disregulation, thyroid and possibly reproductive hormones. >> in fact there's a specific ingredient that's in a lot of this anti-bacterial ingredient that some worry in labs right that is disrupts hormonial stuff and could come to stuff that we don't know about? >> this ingredient is triclosan,

there isn't enough or data and we're not sure about the efficacy of it and we say why risk it. >> the council released a statement that we're perplexed that the agency would suggest that there is no evidence that the anti-bacterial soaps are beneficial as industry as long provided data. >> there is information that removing backteria actually helps prevent illness. and that's what the fda is looking for. >> so this is really interesting. why is this common misperception that all bacteria is bad. in fact, there's a lot of good bacteria? >> exactly. we live in a world of bacteria. we have bacteria on our skins, that help us digest our foods. and interfering with that could be harmful. >> that is the question what is

good bacteria and bad bacteria? how do you know the difference? >> well most of the bacteria in your daily life is not harmful for you. and you have senses to protect that from hurting you. and the question that the fda is proposing is it necessary to kill the bacteria that aren't going to hurt new the rare instances that you might encounter one that might. >> right. and it's still important to wash your hands? >> exactly. what the fda is asking for is proof that these products work better than just plain old soap and water. >> dr. bouvier thank you for joining us. he doesn't own cowboy boots or a big belt buckle. but he's becoming very popular for country radio. what makes bobby bones so popular? that's ahead on "cbs this morning." ♪

smoke? no, i'm good. >> announcer: cbs "morning rounds" sponsored by nick correspondet. in just 3 minutes. double your chances of quitting with nicorette mini. why are they freaking out? they're not freaking out, they're gifing out. gif-ing out? ...because of the great deals they got at kmart. right. this week, members get $30 back in points on a keurig elite brewer. plus, other small kitchen appliances are up to 25% off. kmart. get in. get more christmas. ♪ ♪ hey, that's the last crescent! oh, did you want it? yeah. we'll split it. [ female announcer ] made fresh, so light buttery and flakey. that's half. that's not half! guys, i have more. thanks, mom. [ female announcer ] do you have enough pillsbury crescents? ♪

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♪ yea! >> you look vaguely familiar. >> welcome back. welcome back. >> from the plane -- >> welcome back. >> hello, mr. potts.

it's like the pot calling the your realtime captioner is mrs. linda m. macdonald renovation collapsed how are you this tuesday morning? it's 8:25. time for news headlines. a house renovation collapsed in san francisco's twin peaks neighborhood. it happened about 10:30 last night. the supports apparently gave way. the house slid down the hill until a retaining wall stopped it and that's where it sits this morning. nobody was hurt. in redwood city, firefighters are now worried about air quality following a fire at a metal recycling plant. the fire started about 1:00 in the morning at the sims metal management on seaport boulevard. a few people called 911 after hearing explosions. and doctors at children's hospital in oakland agreed to one more test this morning on a teen that was declared brain- dead after routine tonsil removal surgery. the hospital was going to take

13-year-old jahi mcmath off life support against the family's wishes. but they decided to do one final test for brain activity. traffic and weather coming up after a break. the hands that drive a subaru... ...are the hands that do good things for the whole community: the environment, seniors kids, and animals. that's why we created the share the love event. by the end of this year, the total donated by subaru could reach 35 million dollars. you get a great deal on a new subaru. we'll donate 250 dollars to a choice of charities that benefit your community. it feels good to be a helping hand. these are the hands of a surgeon. a pediatrician. these are pioneering advances in heart surgery. and these are developing groundbreaking treatments for cancer.

they're the hands of the nation's top doctors. kaiser permanente doctors. and though they are all different, they work together on a single mission: saving lives. discover how we are advancing medicine at kp.org join us, and thrive. yes you did. yes you did. no i didn't. no i didn't. yes you did. yes you did. no i didn't. no i didn't. yes you did. did not. [ male announcer ] find some peace this holiday. get an 8 piece meal, any recipe with a dozen cookies baked in-restaurant. the kfc festive feast. that's a lot for just $19.99! today tastes so good. good morning. a crash in mountain view two middle lanes blocked northbound 101 approaching rangesdorf and the delays begin around 237. also an earlier crash right near san quentin westbound 580. still has traffic backed up across the span of the richmond/san rafael bridge even though the accident is off to

the right-hand shoulder. other bridges, the bay bridge especially looks great right now coming into san francisco. metering lights remain on but traffic is thinned out in the cash and the fastrak lanes. that is your latest "kcbs traffic." here's lawrence. >> all right. we are looking at a few high clouds cruising overhead. otherwise think today is going to be another mild day outside. out the door right now, some of those clouds moving overhead also see a lot of pollution in the atmosphere. it's another "spare the air" day. high clouds will move by but not do any damage. no rain in those clouds for us. in fact, going to stay dry now for at least the next five to seven days. today's temperatures well above average 68 in san jose, 67 in livermore and 67 degrees also into oakland. 65 in san francisco. looking out over the next couple of days, though, enjoy it. we have some big changes tomorrow. low pressure drops in the bay area. the temperatures going to come way down probably breezy conditions a few more clouds as we head in toward thursday and then looks like a slow warmup on friday dry through the weekend.

♪ welcome back to "cbs this morning." and welcome back, gayle. >> thanks. if i start talking in tongue you just roll with it. i'm not sure where i am right at this moment. it's good to be back. coming up in this half hour only on "cbs this morning," a never before seen look inside one of the nation's biggest retailers, target. plus actress lupita nyong'o was born in africa and raised in kenya. now she's in a film in america. this morning, she's in our toyota green room. and we'll learn how steven spielberg helped change her life. that's ahead. this morning, time to show you this morning headlines, "time" looks at how pets protect

us from allergists. dust found in a home contain key microbes. those microbes help rodents and test labs fight off allergens. >> another reason to have a dog. all right. "the wall street journal" says facebook will begin selling video ads later this week. the commercials will play automatically in users' newsfeeds. facebook hopes to capture a piece of $60 billion advertisers spend every year on television. and houston chronicle looks at ray price. he died on monday. he had hits including "crazy arms." that people call the ray price beat. he was 87. music doesn't actually create singing greats it can also turn disk jockeys into legends. one of today's post popular

announcers is winning over fans by defying expectations. jan crawford is in washington. >> i don't know how much country radio you all have listened to, but i'm willing to bet you've never heard of bobby bones. his show is sweeps the country, after a little resistance starting off. >> reporter: kellie pickler, everybody, clap your hands. >> reporter: his show attracts some of the biggest stars in country music. it's not your traditional country radio. ♪ this is how we do it ♪ >> reporter: look at what happened during our visit. >> na na na na -- >> reporter: that's charles and david, from seven-time grammy winner lady antebellum challenging bobby bones. ♪ ♪ dressed in yellow saying hello ♪ ♪ charles and my pride everybody

knows ♪ >> reporter: really a country radio first. what is it about bobby that's different? he's not like your daddy's deejay? >> yeah. >> he's so funny and quick. he always says what you're thinking. >> he's not for everybody. i'm sure if my momma was limp listening she couldn't get. >> reporter: less than a year after it debuted a lot of people are getting. literally friends who have put on a show have skyrocketed from 50 across the nation. bones now has the number one show. do you own a cowboy hat? >> i don't own a cowboy hat. i don't own a belt buckle. i don't have boots. >> reporter: you don't have cowboy boots? >> i don't have cowboy boots. >> reporter: when his company moved him to replace legend dear jerry hougt there be skeptics.

>> there wasn't just one city that didn't like it. there were a lot that didn't like it. >> reporter: what did you hear? >> you're terrible. you're not country. you don't sound like a country deejay. >> reporter: what's a country deejay sound like. >> like this. that's what people are accustomed to. we were complete 180. >> reporter: but with his quirky mix of intensely personal revelations. >> i've been going to therapists five or six years or so. >> reporter: unprecedented interviews with country stars. >> i've had death threats on twitter. i had a guy tell me what day is it, come shoot me. >> that is so infective on his part? >> that's what i said too. heads-up. >> reporter: it's clear what people like. >> country music listeners really like genuineness. i hope that's what we do. >> reporter: it's also with what's happening today in

country music. some of the top stars are a lot like bobby bones, they don't look country and they don't sound it. >> bobby bones and i-heart radio and darius rucker. >> reporter: just ask darius rucker. he knows a thing about crossing over into country. >> it's very different. >> reporter: the funny thing is bobby bones is country. and his life is a lot like an old country song with a lot of wrought and struggle. >> i was a food stamp welfare kid from arkansas. my dad was never round. my mom had issues when i was 15. my grandmother raised me for a you while. >> reporter: his mother died recently in her 40s. complications of drug abuse. that's the one reason he said he's never had a drink. he was the first person in his family to graduate from heyl school and go to college. >> you know it's that arkansas

stereotype we're talking about. but that was me. but i think it's really made me who i am. >> reporter: how so? >> i think funny comes from tragedy and times. i think that's where i get it. i'm able to take things that are serious and sad and turn it into funny. i think a lot of that it's also a lot of aut fot of therapy, i think that i need love from something. now, i find it through performing. >> now, having listened to a lot of bobby bones' shows, i mean it is just clear that he is extremely talented. and his company clear channel that moved him over from pop to country believes that he's got the potential to be the next national talent. with real crossover appeal into television. but when you talk to bobby, it's clear that he sees nothing is permanent. that it could all be gone tomorrow. and he said that's really what drives him to keep pushing himself to the next thing.

charlie, norah and gayle. >> i'm embarrassed to say i've never heard of bobby bones, until, jan you introduced him. i like him. >> what channel are you listening to on nbc? >> sadly, he's not on nbc yet. we don't have him on a country radio here. of course, i listen to him in morning in the car going to the carpool. that's the thing he's picking up news stations across the nation every week. >> we must find him. >> i think you should talk to him, charlie rose. >> notes here. >> bobby bones bravo!

we're at the height of the holiday shopping season at target or target. it counts for nearly a third of the company's annual revenues. don dahler got an unprecedented look inside target headquarters in minneapolis to see the secret behind the success. >> welcome to pd and d. >> reporter: it all starts here on the product design and development floor where innovative ideas such as shatter resistant wine glasses eventually become desired items on store shelves. give me an idea of the kinds of things designed here. >> we design furniture. we design bedding, foods, facial

cleaners and apparel, jewelry, shoes. >> reporter: why does it make sense for target to actually design their own products? >> our competitor advantage is our design team. we start with a guest, first and foremost. we spent a lot of time observing her or interacting with him or her. to understand how he or she interacts with our products. we take that back to headquarters, we ideaate and design. >> reporter: pete and stephanie are just two of 600 designers on staff. >> i studied aerospace engineering and then went to aerospace engineering designing small unmanned aircraft. >> reporter: unmanned aircraft? >> unmanned aircraft yes. >> reporter: how does that go back to what you do now? >> it all goes back to meeting the needs of the consumer. we have performance

characteristics that we have to meet. when we're here designing pictures or bakeware, the same thing. a great example we just released a soap pump that doesn't drip. we understand it's irritateing when a guest has a nice clean countertop. dispensers drip on the counter. ours don't do that. >> reporter: and much of the product lines are target brands that generate more than $10 billion in sales annually. in the u.s. and canada alone there are nearly 2,000 stores. >> we want to create such a love and loyalty to our brands at target, that our guests will come back time and time again. >> really, i think it's about connecting with people. >> reporter: that brand love is openly discussed and developed in brainstorming sessions patented. >> it's highly technological things, but something that's unique in your design? >> yeah. >> reporter: and then proto

typed on 3d printing. how much of a tool is 3d printing? >> it is essential for us to get it off of a screen and look at it in prototype form and tweak is an important part of the process. >> we are there every day to deliver products that deliver awesome functionality, great style at a really good price. i feel the weight of that every day. >> reporter: between home and apparel, target designs 40,000 of its own name brand items each year. not every idea is successful. have either of you had a flop? >> i'm sure that's a good question. i'm sure it's actually hundreds. >> yeah. >> reporter: still, those failures are not deterring the company's focus on growing the customer base. what do you think people want what they go shopping? >> they're looking for incredible value. that's what we're all about. give the guest confidence that what she's buying at target is on trend and affordable. i always like to say we do the details. we make sure we do all the heavy

lifting. and if you can do that then there's not a lot of thinking involved. it's an easy purchase. >> reporter: we should note that target, or target norah, their design and development team is based in the u.s. many of its products are manufactured overseas. meanwhile, target continues to expand its reach into your kitchen now, selling groceries in many of its stores and developing those target brand prepared foods in its corporate test kitchen. >> how do you not love a place that sells a soap pump that doesn't drip? that was so right. it's so annoying when it does that. lupita nyong'o is in the toyota green room. hello, lupita

female announcer: sleep train thanks all those who helped make a difference last year for thousands of california foster kids. - thank you for helping foster kids. - thank you for the school supplies. - thank you for the new shoes. - thank you, secret santa.

- and thank you for donating money. female announcer: your generosity proves that while not everyone can be a foster parent anyone can help a foster child. - thank you. - thank you. - gracias por la ayuda. [baby chuckles] - thank you.

you admit it? >> yes. really. you know why? i got this from mrs. -- mrs., so much to make myself gag! sir, cotton day in and day out, more than any man here. and for that i will be -- >> lupita nyong'o plays patsy. some are calling her the breakout star. last year he won the screen actors guild and the golden globe award for that. good morning. >> good morning. >> when you think about that lupita, one week s.a.g. and golden globe? >> yeah -- no. i mean -- >> i bet it's still sinking in. >> yeah i'm still looking for

the words to describe it. my father coined this word for a sense of boggle that goes beyond the human mind. it's techified. >> i like that. >> you're born in mexico. people in mexico are claiming you, too, you know. did you know she's ours? you got this role after your first movie role after graduating with your masters at yale drama school? >> yeah. yeah. it's been a phenomenal experience. it's why i wanted to go to school. to learn how to use my instrument and to stretch myself and to express human conditions that go beyond my personal experience. >> how did you get the role? >> i auditioned. my manager got the script for another client of hers who is also in the movie. and she thought i would be good for the role. so i went to new york and

auditioned for the casting director and then finally i was invited down to louisiana to work. >> i had a tough time with the movie because it's very graphic. we were all talking about it. i'm wondering what it's like for you do you carry that with you. you were brutally beaten you were assaulted. it's beautifully done i will say that but it's so tough to watch. >> you know it's very tough to be in patsy spirit but at the same time, it was such a privilege because she was a woman that had light in her despite the darkness that surrounded her. it was actually one of the most joyous experiences of my life playing that role. >> lupita as gayle said this is such an important story telling the story of solomon northup,

you're beaten repeatedly. that scene is so difficult to watch. it made me tear up because i saw the movie again. you had trouble going back to seat movie the whole movie in its entirety. why? >> well, because, i had lived inside that pain. i was concerned about reliving it. but i'm happy to say that i did go because the film gave me more than it cost me. and i know lots of people are feeling that. >> yeah. >> so now that you have all these nominations and everybody is talking about you, do you know what's next? >> well i don't know yet what's next. but i'm very excited about the unknown. and i have another one coming out in february. >> we're cheering you on. >> when they say breakout star i'm thinking get your speeches ready. >> yeah. >> thank you. >> thank you very much. >> pleasure to have you here. "12 years a slave" is in

theaters good. good answer. check it out. learning's fun now. yeah, back in our day we didn't have u-verse high speed internet to play and learn online. all we had was that franklin fuzzypants. ah the educational toy bear. remember when the battery went out? [ slow, deep voice ] give me your abc's. all i learned was a new definition of fear. i need some pudding. yeah, there's one left. [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible.

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your realtime captioner is mrs. linda m. macdonald good morning, at 8:55. i'm brian hackney with your kpix 5 headlines. a house under construction collapsed and it moved down a san francisco hill in the middle of the night. the house had just been lifted so that they could put a new foundation under it and the supports gave way. inspectors are still trying to find out what happened. lots of smoke from a fire at a metal recycling plant in redwood city this morning. it could be affecting air quality. fire is contained but still burning a pile of metal scrap. firefighters suggest people in the area should stay inside but there is no official "shelter in place" order. in oakland a 13-year-old girl will have one last test to see if there is any sign of brain activity. the teen should have been home by now after routine tonsil surgery. instead, she is declared brain-

dead. lawrence is bringing a few high clouds this morning our way. mr. k? >> yes, we are. some mild temperatures, to a record in oakland yesterday. well above average. hazy sunshine, pollution in the atmosphere. it's another "spare the air" day. but high pressure bringing an offshore wind and that's just enough to crank up these temperatures again. low off the coastline scooting some high clouds in our direction. otherwise, the temperatures running up in the 60s today and into the 60s in many spots. san jose checking in at 68. 67 in livermore. 65 in vallejo. 65 in the napa valley. next couple of days we'll cool down big time though and looks like these numbers headed downward even a few more clouds into thursday. then warming up as we look toward the weekend. >> your "kcbs traffic" is coming up next.

good morning. they cleared this accident in mountain view that's been causing big backups along the peninsula northbound 101 approaching rangesdorf. the two middle lanes were blocked. but everything is cleared to the right-hand shoulder but the 101 commute is rough and westbound 237 backed up all the way into milpitas. otherwise, westbound 580 the richmond/san rafael bridge an earlier crash is cleared.

wayne: we are "let's make a deal." jonathan: it's a trip to puerto rico! (screams) wayne: aw! go get your car! - yeah! - i've always wanted a scooter! wayne: you got one! - this is so great and i met wayne brady, woo! jonathan: it's time for "let's make a deal." now here's tv's big dealer wayne brady! wayne: hey, everybody, welcome to "let's make a deal" i' it's time to make a deal, one person, let's go. who, who, who. in the red with the mustache. nothing like a lady with a mustache. how are you doing? - hi. wayne: and you are? - tu. wayne: nice to meet you. - nice to meet you, wayne. wayne: it's going to be impossible to understand you because of your mustache that's a problem. - should i take it off? wayne: yes, you should take it off. - are you guys ready?