good morning to our viewers in the west. it is wednesday, february 1st, 2017. welcome to "cbs this morning." president trump's pick for the supreme court vows to be a faithful servant of the constitution. neil gorsuch heads to capitol hill this morning where democrats vow to fight his nomination. attorney david boiz is here with more. --

>> i'm very disappointed in this

type of crap. >> american airlines flight made an emergency landing outside knoxville, tennessee, following a bomb scare. passengers were evacuated. >> the hoist took less than a minute to steal more than $200,000 in jewels. >> former nasa astronaut buzz aldrin and bill nye the science sky made their runway debut. >> brent muss goeringer put the exclamation point on 50 years of broadcasting. >> maybe you'll pay me a visit out of my new place in las vegas. we can share a cold one and maybe a win or two. >> on "cbs this morning." >> jon stewart stops by "the late show." >> it has been 11 days, the

presidency is supposed to age the president, not the public. >> announcer: this morning's eye opener is presented by toyota. let's go places. welcome do "cbs this morning." federal judge neil gorsuch is president trump's pick to fill the vacancy of the supreme court. gorsuch has built a consistent, conservative record in his ten years as a judge. the president calls him a man who our country really needs. he says the nominee's qualifications are beyond dispute. >> the 49-year-old gorsuch is a member of the tenth circuit court of appeals in denver, the youngest high court nominee since clarence thomas in 1991. his outlook as a judge is similar to the late antonin scalia. >> he went to law school with former president obama who tried and failed to choose scalia's replacement. jan crawford has more on the

confirmation fight ahead. >> reporter: good morning. from the moment we learned about just disantonin scalia's death, then candidate trump promised to name conservative judges to the supreme court. as he unveiled his nominee last night, he said he fulfilled that promise. >> millions of voters said this was the single most important issue to them when they voted for me for president. i am a man of my word. >> reporter: in a prime time address president trump introduced his supreme court choice to the nation. >> today i'm keeping another promise to the american people by nominating judge neil gorsuch -- >> reporter: the 49-year-old federal appeals court judge appeared moved. >> justice scalia was a lion of the law. agree or disagree with him, all of his colleagues on the bench cherished his wisdom and humor. like him, i miss them. >> reporter: addressing a room

full of friends and lawmakers, gorsuch echoed the late justice in describing his conservative philosophy. >> our legal order, it is for congress and not the courts to right new laws. it is the role of judges to apply, not alter. a judge who likes every outcome he reaches is very likely a bad judge. >> reporter: he's been compared to scalia for his sharp intellect. with the solid conservative resume, he sided with religious leaders. while he has no specific rulings on abortion rights, in his 2006 book on assisted suicide he argued against that practice as the taking of life. born and raised in colorado, gorsuch moved to washington, d.c. as a teenager when president reagan tapped his mother to become the first woman to head the environmental protection agency. >> you move very easily in these circles here in washington and oxford. at his core he's still a guy who

grew up in denver, colorado, felt part of the west, felt that was his home. >> attorney mark hanson recruited gorsuch after his clerkship byron white and anthony kennedy. >> when i practiced with him, he was always willing to listen to colleagues, adversaries, courts. he was not hostile, not adversarial in his manner. >> reporter: those qualities could help build consensus on the court. minutes after president trump's announcement, liberal protests floktd to the steps of the supreme court calling gorsuch too extreme. some democratic senators immediately came out vowing to oppose this nomination. others said they would demand a careful scrutiny of his record. the white house quoting a legal observer saying the nomination would be impossible to oppose, but in this climate, nothing is impossible. >> that is true. thanks, jan. judge gorsuch will be on capitol hill in the hour to meet with senators who will decide his nomination.

he'll need to get past senate democrats who are furious that republicans blocked judge merrick garland's supreme court nomination for 293 days. nancy cordes is on capitol hill with the brewing fight. >> good morning. many democrats refer to this as a stolen seat. they believe it was president obama's right to name this supreme court justice. they have threatened to hold up the no, ma'am names for an undefined period of time. some have said they are going to vote no. others say they have a lot of questions. >> i have very deep serious concerns as to whether he is in the mainstream. >> reporter: like many senate democrats, connecticut's dick blumenthal expressed skepticism last night, but not outright opposition. >> i'm troubled by his stance on privacy rights, particularly women's health care, worker and consumer protection, public health and safety. >> reporter: republicans meanwhile were thrilled, praising gorsuch as impressive,

respected, a consistent conservative. south dakota republican john thune. >> i think it's very tough, very tough to attack this judge's credentials. >> reporter: his temperament helped gorsuch win unanimous approval from the senate in 2006 when he was up for appeals court judge. among those who did not oppose his nomination, then senators barack obama, hillary clinton, joe biden and the current democratic leader chuck schumer who has said for weeks he has one key criteria. >> nominate a mainstream person, not someone way out of the ma mainstre mainstream. we'll fight that nominee tooth and nail. >> reporter: last night schumer said i have very serious doubts about judge gorsuch's ability to meet this standard. >> today i am nominating chief judge merrick garland -- >> reporter: democrats are in no mood to hand republicans an easy victory after they successfully blocked president obama's

supreme court nominee for ten months. republican leader mitch mcconnell insists it's apples and oranges. >> this is the beginning of a four-year term, not the middle of a presidential election. >> reporter: it takes 60 votes to approve a supreme court judge. republicans have left the opposition open to noek that down to 51, blow up the filibuster depending on how long democrats stall. they view that as a last resort because it could come back to bite republicans when they're in the -- >> he fought to overturn california's gay marriage ban paving the way for marriage equality. boiz is share of boiz schiller and flexner. >> good to be here. he is enormously brilliant as an attorney? >> absolutely. as a judge, i think president trump was right last night when

he said he is somebody with tremendous legal skills, a brilliant mind, outstanding discipline. i think all those things are true about him. i also think he is somebody who is not in the ideological mainstream. >> ideologically where is he compared to justice scalia. >> comparable, maybe more conservative on some issues. he's got a wide variety of views. we don't know that much about him because he's been on the court of appeals. it doesn't get quite the same mix of cases. >> let me understand what you're saying. are you recommending the democrats not support him? >> i think the democrats have to take a very careful look at him. this presents a dilemma i think. you have somebody who is a brilliant legal mind, somebody who, if you had an academic test for judges, would pass all those

tests. on the other land, he is not in what i believe to be the mainstream of judicial thought. one of the things that we learned from judge garland is that it's not enough to be a brilliant judge. it's not enough to be a great judge. if that were true, there wouldn't be a vacancy, judge garland would be in that seat. >> you heard lindsey graham say a minute ago he's much onchts happy, the democrats seem to be mucho mad. seems like we're getting in a hit for tat situation. do you think it's becoming such a political issue and really not about what it's important for the supreme court? >> i think it's both. i think what is important for the supreme court is that you do have ideological balance. you can't have a rule that only republican presidents get to appoint supreme court justices and the democrats have to accept whoever the republican puts up. i think it's unfortunate.

i was on this program a few months ago and talking about merrick garland, and i thought it was unfortunate he wasn't confirmed. i think it's unfortunate that we've gotten into a situation in which people are looking at trying to appoint people that are a sure vote to the left or the right. >> there's a lot of talk this is about the second pick that president trump gets to make. of course, gorsuch will replace another conservative scalia. there's a front page piece in "the new york times," picking gorsuch would allow kennedy the idea that perhaps he could retire. that's the swing vote. >> that is the second shoe to drop, and very obvious. >> do you think, it's one strategy i heard, let this one go and save your fire for the potential kennedy vote? >> i don't think people will see it that way. the senate has got a responsibility to advise and consent. it requires 60 votes. if republicans want to abandon the 60-vote requirement, they

can do that. but there will be a time when the democrats are in the majority and that will come back to haunt them. >> here is what's interesting about this. when he was confirmed by the senate for the court of appeals, it was almost a unanimous vote. >> same thing with garland. >> it always comes back to this. because you did this to garland, we're going to do this -- >> i don't think it's that so much, not so much tit for tat. if you don't have balance, you don't have a balanced supreme court. so you've got to have the same rule for republicans and democrats. if you don't do that, you don't have balance on the supreme court. >> david boyse, you have the last word. >> thank you. key american ally using vong words to describe president trump's american first pledges, calling america a threat to europe in the same category as russia, china and radical islam. john kelly is defending the rollout and enforcement of the

temporary travel ban for seven mostly muslim countries. margaret brennan is at the white house. good morning. >> reporter: good morning. perez's supporters want action on immigration. according to the latest reuters poll, 49% of americans approve of his executive order, but a growing number of federal workers and u.s. allies warn it may backfire. >> we must defend and protect federal networks and data. >> reporter: president trump unexpectedly postponed an executive order on cyber security as falloutover the temporary travel ban continued. >> this is not, i repeat not a ban on muslims. >> reporter: homeland security secretary john kelly insisted that border agents fully complied with court orders, halting the detention of travellers and said 721 u.s. visa shoulders had been turned away. >> certainly didn't learn about it on an airline. >> reporter: kelly denied reports that he was surprised by president trump's sweeping executive order. >> we did know the eo was

coming. we had people involved in the general drafting of it. >> reporter: amid the threat of isis, cbs news has learned that many u.s. embassies were caught off guard by the action and diplomats are scrambling to get travel exemptions for iraqi allies. hundreds sent a dissent cable arguing that the ban does not make america safer. more than 100 former u.s. officials who served under past presidents from both parties also sent a protest letter saying it will, quote, harm our national security by alienating key partners. >> we want to ensure that we are not admitting into our country the very threats our soldiers are fighting overseas. >> reporter: defense secretary james mattis was reportedly incensed by the travel ban and president trump's recent actions have raised concern among close allies. >> the change in washington puts the european union in a difficult situation. >> in an unusually critical

statement tuesday the leader of the european union referred to the trump white house as an external threat, comparable to china and russia. >> the declaration by the new american administration make our future highly unpredictable. >> reporter: the eu leader also said mr. trump's actions call into question the last 70 years of american foreign policy. today homeland security chief kelly will head to texas to meet q employees and discuss how to secure that border with mexico. >> thanks, margaret. the trump administration is taking new steps to push ahead with the controversial dakota access oil pipeline. a north dakota senator says the army corps of engineers has been told to issue a permit needed to complete the project. the nearly $4 billion pipeline will cross four states. native americans and their supporters have been protesting the pipeline. they worry a leak could pollute drinking water. tesla is defending its

safety standards after one model fell short of the highest rating in a major crash study. the 2017 tesla model s came up short in two categories in the insurance institute for highway safety test. the bmw i3 got lower marks over an issue with a seat restraint. the less expensive chevy volt came out on top along with the toyota prius prime. demarco morgan is here with what led to the results. >> the chevy volt and the prius received the topic award. the luxury models from tesla and bmw fell short. one of the tesla crash tests it performed looked like it could put the driver at risk. >> the tesla model 1 simulated hitting a wall and the corner cliegs of hitting a pole or tree. it was in this test called a small overlap test where they

learned the less acceptable rating. >> the head hit against the steering wheel through the air bag. we also measured elevated forces on the dummy's leg indicating a possibility of injury to the leg as well. >> reporter: tesla issued a statement saying one of the improvements recently introduced in january 2017 specifically addresses the acceptable or second highest rating that the model s achieved and in the small overlap frontal crash test and we expect new tests to yield the highest possible rating, good rating. the tesla received a poor rating in headlights, brightness and visibility on curves. >> this is considered a fail. the headlights aren't inherently unsafe. they meet the safety standards. >> reporter: in giving top honors to the volt and prius, the institute said those vehicles did well in all safety categories as well as installing

crash prevention systems. analysts note that the ins toouts tut's standards are far above the accepted industry norm. >> for people who own a tesla, you're fine. for people who are going to buy a tesla, tesla has already said they're going to address these concerns. you'll be fine, too. >> this is not the first time tesla had to defend safety standards. the national highway traffic safety administration recently released findings after a man was killed while the car was in auto pilot mode. nhtsa says it could not identify any safety related effects. we reached out to bmw on the safety test but have not heard back. norah? >> police body cameras are supposed to create transparency between officers and the community. ahead, the concerns about the incorrect use as the ,,,,

big airlines are rolling out

cheaper plane tickets. >> kris van cleave reports you will have to pay a price for the discount. >> ultra low fare carriers are making big bucks with cheap airfares. the major airlines are looking to take back customers by doing their own version, what they call basic economy. but there's a catch, like you can't use the overhead bin. >> you ear watching "cbs this morning." y28cny ywty neil laand at kay jewelers,or hollywood's biggest stars. he designs them for you, too. you know the saying, "they don't make 'em like they used to?" i still do. kay, the number-one jewelry store for... yes. ♪every kiss begins with kay. your body was made for better things than rheumatoid arthritis. before you and your rheumatologist move to another

treatment, ask if xeljanz is right for you. xeljanz is a small pill for adults with moderate to severe ra for whom methotrexate did not work well. xeljanz can reduce joint pain and swelling in as little as two weeks, and help stop further joint damage. xeljanz can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections, lymphoma and other cancers have happened. don't start xeljanz if you have an infection. tears in the stomach or intestines, low blood cell counts and higher liver tests and cholesterol levels have happened. your doctor should perform blood tests before you start and while taking xeljanz, and monitor certain liver tests. tell your doctor if you were in a region where fungal infections are common and if you have had tb, hepatitis b or c, or are prone to infections. xeljanz can reduce the symptoms of ra, even without methotrexate, and is also available in a once-daily pill. ask about xeljanz xr. masthe lindor truffley smooth. ... from the lindt master chocolatiers. hard outer shell... smooth, luscious center. unwrap. unwind.

with the lindor truffle. from the lindt master chocolatiers. hello moto. it's time to re-imagine the smart phone. snap on a speaker. a projector. a camera that actually zooms. get excited world. the moto z with motomods. get 50% off on moto z droid. (sharon) suction out your (shane) don't use spray paint. cpr is not mouth to mouth. it's mouth to stoma. (shawn) be very careful shaving. (announcer) you can quit. for free help, call 1-800-quit-now.

♪ ♪ ♪ [beeping] ♪ the 2017 rav4 with toyota safety sense, standard. toyota. let's go places. i've lost over 40 pounds. watchers, i've eaten everything i love. tacos, pasta... i've never felt deprived. in the first 2 months members have lost 15% more weight than on our prior program. join for free and get one month free. hurry, offer ends february 1st. i'm raph. my name is anne. i'm one of the real live attorneys you can talk to through legalzoom. don't let unanswered legal questions hold you up, because we're here, we're here,

and we've got your back. legalzoom. legal help is here. legal help is here.

protests today ahead of a talk by right-wing white nationalist milo yiannopoulos he's known for his column on the good morning. it's 7:26. i'm michelle griego. uc-berkeley is bracing for protests today ahead of the talk by milo yiannopoulos. he is known for his column on the conservative website bright bark. berkeley college republicans are holding the southout event at 7:00 at the -- sold-out event at 7:00 at the student union building. the trial of antolin garcia- torres starts accused of killing 15-year-old sierra lamar five years ago. the body was never found. the case is based on dna and other physical evidence which defense attorneys say investigators mishandled. stay with us, traffic and weather in just a moment. ,,,,,, ,,

good morning, everybody. 7:28. let's take a look at our bay area roads starting in pinole on westbound 80 here. we have a big rig versus a car crash there. it's all cleared off the roads. but you have slow-moving conditions down the way into the maze. and here's the san mateo bridge. a crash there on the causeway that's a flat portion of the bridge westbound 92 blocking the left lane. i'll send it to you. >> all right, roqui. thank you. it's live our hi-def doppler radar. we are picking up a little bit of light precipitation trying to enter the north bay coast side. but a lot of this is virga. a lot of dry air mass out there with our temperatures recent days in the mid-60s. mostly cloudy throughout your day today. temperatures 40s and 50s. more mild than 24 hours ago. numbers coming down 50s and 60s under mostly cloudy skies.

breezy winds southeast 10 to 20. rain through friday. on thousands of name brands. - wow. - you're gettin' it! there are three stages of wow: denial... - is this price right? - acceptance... and "boooyah." wait for it... "boooyah" has three os. ♪ grocery outlet bargain market ♪ did you know slow internet can actually hold your business back? say goodbye to slow downloads, slow backups, slow everything. comcast business offers blazing fast and reliable internet that's 10 times faster than slow internet from the phone company. say hello to internet speeds up to 150 mbps. and add phone and tv for only $34.90 more a month. call today. comcast business. built for business.

fare if you give up overhead bins and other things. the raid saturday at an al qaeda base was the first counterterrorism operation approved by president trump but navy s.e.a.l.s faced trouble from the start. they lost a failed atachlkt david martin says at one point the s.e.a.l.s were pinned down. the situation was dicey enough that defense secretary james mattis was pulled out of a dinner event. him and the officials say women and children were k the

country from deportation. volkswagen agreed to pay at least $1.2 billion to compensate owners. about 80,000 vehicles are affected. auto parts supplier robert bosh also agreed to pay more than $327 million for devising software that allegedly helped volkswagen cheat. bausch is not. the group that runs amateur football nationwide suggests using six to nine players per side. deals would be smaller. kickoffs and punting would be eliminated and kids would crouch to start plays.

"usa today" reveals findings about how prolocked space travel can affect astronauts including slowing dna changing. scientists compared scott kelly's condition in space compared to that of his earth-bound brother. that's mark. he did return to earth a full two inches taller. short men are saying sign up. that's a lot. >> i read this yesterday. his telemears were longer. they must have learned so much. i'm excited to hear more about that. >> it's good they have two of them to compare. >> a real comparison, nice. the new york police department is implementing the largest body camera program. more than 20,000 will wear them

by 2019. up to half of the country, roughly 18,000 law enforcement agencies are adopting them. jeff pegues is at a police station in washington with how the technology is changing the dynamics between law enforcement and citizens. jeff, good morning. >> reporter: good morning. we're in washington, metro p.d.'s first metro station. there are 100 body cameras on this wall. every day officers take them out of the charging dock, put them on their chest and hit the streets. it's look at interactions between the police and community all m.i.t. members on a pennsylvania control will be wearing body cameras. >> reporter: on tuesday the largest police department in the country joined thousands of others whose cameras are already rolling. >> 5,000 will be deployed by

july of 2018. >> you have people out there in kmurnlt, they're asking for transparency. >> reporter: peter is with the police department. >> how much of a role does it play in transparency? >> it's a huge role. that's the thing folks have to keep in mind. the community really wants this. >> reporter: nearly 3,000 of his officers are outfitted with body cameras. then they would hit the button twice. >> recently commander ralph ennis showed us how they work. >> from the time i hit the button it's recording video and audio. >> so it's recording me right now. >> yes. >> lindsey miller good ison is with the center of police management, a policing think tank. she said the devices are only useful if officers are trained properly. >> it undermines the purpose if officers aren't turning them on.

>> reporter: the p.d. adjusted its policy after a police officer failed to turn on his body camera last year when there was a fatal shooting. >> what is the protocol. >> almost any time they have an interaction, they're required to turn it on. when the dispatch gets a call they have to ask if they turned their body camera and and they have to admit that they have. >> reporter: there's over 34,000 footage that including a spike for the presidential inauguration. body crams are now an industry. vendors like taser international not only sell the pricey cameras but video storage space along with it. the company booked $180 million of business in the first if three quarters of 2016 alone. >> data storage is one of those

logistical things that's become a huge policy issue. it does cost a lot. questions, how do you make sure it's not been altered. >> reporter: police chiefs will tell you that implementing the cameras remains a work in progress. >> law enforcement is trying to do the right thing for our department in particular. for them to embrace this body one camera says to me folks feel leak they're doing the right thing almost all of the time and they want everybody to see it. >> reporter: to that end metro p.d.s sometimes upload body cam info to youtube. they can keep it for up to 0 days if the officer is involved in a potentially criminal encounter. gayle. >> thank you so much. ahead, how the bargains will cost you storage space and why the carriers say the discounts benefit them. and we invite you to

subscribe to our "cbs this morning" podcast. you'll get the news of the day, extended interview, and on itun podcasts and apple. we'll be right back. how to brush his teeth. (woman vo) in march, my husband didn't recognize our grandson. (woman 2 vo) that's when moderate alzheimer's made me a caregiver. (avo) if their alzheimer's is getting worse, ask about once-a-day namzaric. namzaric is approved for moderate to severe alzheimer's disease in patients who are taking donepezil. it may improve cognition and overall function, and may slow the worsening of symptoms for a while. namzaric does not change the underlying disease progression. don't take if allergic to memantine, donepezil, piperidine, or any of the ingredients in namzaric. tell the doctor about any conditions; including heart, lung, bladder, kidney or liver problems, seizures, stomach ulcers, or procedures with anesthesia. serious side effects may occur, including muscle problems if given anesthesia; slow heartbeat, fainting, more stomach acid which may lead to ulcers and bleeding; nausea, vomiting, difficulty urinating,

seizures, and worsening of lung problems. most common side effects are headache, diarrhea, dizziness, loss of appetite, and bruising. (woman 2 vo) i don't know what tomorrow will bring but i'm doing what i can. (avo) ask about namzaric today. for huge deals across the hurryentire store. today like paint plus primer at the new lower price of only $17.98. plus get up to 40% off select bath items. don't miss out on the season's best savings happening right now at lowe's. but everybody gets dry skin. feel moisturized without feeling your moisturizer with lubriderm. absorbs in seconds. moisturizes for hours. lubriderm. every body care. c(puppy barks) you can do it duck. hurry up duck! you can do it duck. iams. helps keep your dog healthy at every stage. so you can always look forward to what's next.

that's why i use excedrin.n hold because of a headache. it has two pain fighters plus a booster and for some, headache relief starts in just 15 minutes. now moments lost to headaches are moments gained with excedrin. [heartbeat] when i was too busy with the kids to get a repair estimate. liberty did what? yeah, with liberty mutual all i needed to do to get an estimate was snap a photo of the damage and voila! voila! (sigh) i wish my insurance company had that... wait! hold it... hold it boys... there's supposed to be three of you... where's your brother? where's your brother? hey, where's charlie? charlie?! you can leave worry behind when liberty stands with you. liberty stands with you™ liberty mutual insurance whattwo servings of veggies? v8 or a powdered drink? ready, go. ahhhhhhhh! shake! shake! shake! shake! shake! done! you gotta shake it! i shake it! glad i had a v8. the original way to fuel your day.

american airlines will soon start offering a basic economy ticket later this month. the move follows a similar announcement by united airlines. passengers who buy the cheaper seats cannot sit where they want or brick on a full-size carry-on. yikes. they also will not be able to change flights. kris van cleave is showing why major airlines are making this change. kris, i never thought of an overhead bin as a perk. good moshing to you. >> reporter: good morning. it's a perk now. we know that the vast majority of flyers buy their tickets based solely on price, which is why they've been filling spirit

als flig airline flights like this one. you only get the space underneath and if you want to use something like the overhead inbound, forget about it. the basic fares will save you money but it will cost. you'll be last to board, you can't choose your seat and if you have extra carry-on, you'll be forced to check it. these restrictive bargain tickets come as ultra low fare carriers like spirit are increasingly competing for customers. when we checked round tripp nonflight trips from chicago to los angeles, we found spirit's pair fare lower. spirit says on average their cost is at least 30% cheaper than major airlines even after paying for a bag, a seat assignment and a bench onboard. >> when it comes down to lower

costs and the convenient, i'll take convenience. >> reporter: united and american believe their no overhead bin ticket will be competitive. they'll attract fare focused flyers. >> they've got to wring every nickel with the new fees. >> reporter: chuck schumer is working on legislation to forbid the charge for overhead bins. the binless flyers give somebody a new way to save. >> an airline is offering a cheaper product for customers who want to -- they're budget-conscious and they want to find a way to get from point a to point b. >> they're segmenting their aircraft. first, business, coach, and no class. >> reporter: cbs news travel

editor peter greenberg. >> they'll find this so inconvenient that they're going have to upgrade and pay the price. >> reporter: spirit was the first in the u.s. to essentially charge for overhead bin space. does that hurt the business? >> not at all. our customers want to pay for what they want, not pay for things they don't want. >> we ah you you to pick and choose your travel experience. you're being told what the experience is going to be and i think they're going to find some people who aren't happy with it when they get it. >> reporter: exact pricing hasn't been announced but we know the fares will be yaus or loose, no cancellations. but they say once you get on the plane, everything will be pretty similar except no bins and you're probably going to be in a middle seat. >> middle seat is no fun. at least you have options. the bottom line is you want to get there and get there safely.

>> i guess you stick the bags under your seat which means you have leg leg room. >> that's hard. would you like to weigh in, mr. rose? >> no. i just like go in ultimate comfort. >> i'm with you. thank you, kris. you can see a breakdown of the differences between each airline on cbsnews.com. accusations of planch ruchl lead to questions of the president's new education pick. ahead question oar going to take a look at betsy devos with someone who knows the job. margaret kelly who was under,,,,

>> announcer: this portion of "cbs this morning" sponsored by kay jewelers. for 100 years every kiss begins with kay. and my open hearts collection at kay jewelers is the perfect gift... ...for the person in your life with an open heart. ♪every kiss begins with kay. ...ad, and my sweethearts handsome,gone sayonara.rance... this scarf, all that's left to remember. what! she washed this like a month ago! how's a guy supposed to move on! the long lasting scent of gain flings.

hi, i'm frank. i take movantik for oic, opioid-induced constipation. had a bad back injury, my doctor prescribed opioids which helped with the chronic pain, but backed me up big-time. tried prunes, laxatives, still constipated... had to talk to my doctor. she said, "how long you been holding this in?" (laughs) that was my movantik moment. my doctor told me that movantik is specifically designed for oic and can help you go more often. don't take movantik if you have a bowel blockage or a history of them. movantik may cause serious side effects, including symptoms of opioid withdrawal, severe stomach pain and/or diarrhea, and tears in the stomach or intestine. tell your doctor about any side effects and about medicines you take. movantik may interact with them causing side effects. why hold it in? have your movantik moment. talk to your doctor about opioid-induced constipation.

if you can't afford your medication, astrazeneca may be able to help. ♪ ♪ ♪ [beeping] ♪ the 2017 rav4 with toyota safety sense, standard. toyota. let's go places. i have lost 73 pounds. how much have you lost? you're rockin it, you are rockin it. this program is amazing. weight watchers is not a diet. i eat more now than i did before. it's just - i'm learning how to eat better. how do you show up in your life? i feel like i walk into a room, just glowing. i feel like me again. i eat chips. i love chips! i love chips! in the first 2 months members have lost 15% more weight

than on our prior program. join for free and get one month free. hurry, offer ends february 1st. our blogs are buzzing about the designer smile... ...by colgate optic white high impact white toothpaste. with a professionally recommended whitening ingredient. for four shades visibly whiter teeth. the designer smile... ...by colgate optic white high impact white. about tempur-pedic mattresses... is that they contour to your body. it keeps us comfortable and asleep at night. save up to $500 on a new tempur-pedic. now through february 26. get your tempur-pedic today! the most highly recommended bed in america.

video shows the dramatic rescue of the baby. the family's suv sinks into the water. they weree apparently tryining get on a ferry in china when something went wrong. the e suv was a total loss. the good news is everyone in the family is a-okay. >> don't you love what the dad study the reef because the area has been designated for oil exploration. got it. the two men in prison for murders they didn't commit are

out. they're now helping others. you're watching "cbs this morning." thank you for that. we'll be right back. when standard cancer treatment no longer works for patients like lynn, advanced genomic testing may lead to other treatment options that can work. learn how genomic testing is changing the way we fight cancer at cancercenter.com/genomics kids, juicy fruitmmmm with longer-lasting flavor?

mmm (zipping) (zipping) (rattling) longer-lasting juicy fruit. so sweet you can't help but chew and chew. if you have moderate to severe plaque psoriasis isn't it time to let the real you shine through? introducing otezla, apremilast. otezla is not an injection, or a cream. it's a pill that treats plaque psoriasis differently. some people who took otezla saw 75% clearer skin after 4 months. and otezla's prescribing information has no requirement for routine lab monitoring. don't take otezla if you are allergic to any of its ingredients. otezla may increase the risk of depression. tell your doctor if you have a history of depression or suicidal thoughts, or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. side effects may include diarrhea, nausea, upper respiratory tract infection, and headache.

tell your doctor about all the medicines you take, and if you're pregnant or planning to be. ask your dermatologist about otezla today. otezla. show more of you. so i thought it might be time to talk about a financial strategy. you mean pay him back? so let's start talking about your long-term goals. knowing your future is about more than just you. it's how edward jones makes sense of investing. listerine® kills 99% of bad breath germs. this is 100% useful for a 100% fresh mouth. just ask listerine® users. the very people we studied in the study of bold. people who are statistically more likely to stand up to a bully. do a yoga handstand. and be in a magician's act. listerine® kills 99% of bad breath germs so you can feel 100% in life. bring out the bold™. also try listerine® pocketpaks for fresh breath on the go.

over a possible suspension - of richmond's new rent control laws. "measu good morning. it's 7:56. i'm kenny choi. this morning, a contra costa court will hold a hearing over a possible suspension of richmond's new rent control laws. measure l mandates that rent cannot rise by more than 3% a year for apartments built before 1995. the san jose city council has approved a $16 million plan to house the homeless. the loan would help a developer build a high-rise complex by st. james park. the six-story site would offer a range of services. stick around; we'll have traffic and weather in just a moment. ,,,,,,

happy wednesday. it's almost friday, right? let's start with mass transit.

downtown oakland bart is delayed 10 minutes after a earlier police activity in all directions. ac transit if you take this tomorrow, make sure you check actransit.org with changes for oakland commuters. the maze to downtown will take 20 minutes. across the span of the san mateo bridge slow. we had an earlier crash out there. gilroy commuters chp traffic alert since 4 a.m. westbound 152, give yourself extra time. good morning, everybody. we are under storm watch. it's live our hi-def doppler. it places a little bit of light precipitation also some virga trying to work into the santa rosa area. these are renegade showers in advance of the rain that comes in late afternoon early evening. live weather camera mostly cloudy skies most of the day today. 40s and 50s out the door. through friday, rain again on sunday. ,,,,,,,,

♪,,,,,,, good morning to our viewers in the west. it is wednesday, february 1st, 2017. welcome back to "cbs this morning." more real news ahead, including supreme court nominee neil gorsuch. dan crawford looks at his record as a judge and chances of getting through the senate. first here is today's eye opener at 8:00. >> candidate trump promised to name a conservative justice. >> a man of our country and a man who our country really needs and needs badly. >> many democrats refer to this as a stolen seat. they believe it was president obama's right to name this justice. >> are you recommending that the democrats not support him?

>> you have somebody who is brilliant legal mind. on the other hand, he is not i believe to be the mainstream of judicial law. >> officials want action, according to the latest polls 49% of americans approve of his executive order. spectacular video that captured a large stream of bright red lava pouring into the pacific ocean. pretty stuff. >> it doesn't even look real. >> it really doesn't. it looks like a painting or something. donald trump announced his supreme court pick live from the white house. i'll never forget where i was when i heard the news. >> it's historic, usually they'll announce this stuff in the morning, in the afternoon. it's the first time a supreme court nomination has ever interrupted an episode of ncis. so this is big. i'm charlie rose with gayle king and norah o'donnell.

president trump said the supreme court nomination of kneel gorsuch fulfills another promise he made to the american people. he was chosen to fill the seat that's been vacant since antonin scalia died nearly a year ago. >> he has degrees from columbia, harvard and oxford. he arrived on capitol hill a short time ago to meet with republican leaders. some democrats already say they oppose his nomination. our jan crawford who, by the way, was the first to report back on january 21st that gorsuch was the leading candidate. go you, jan, on that. hey, jan, i heard this morning one of his clerks describe him as a normal dude, that he skis, fly fishes, he's a great family man. we know about his sterling educational pedigree. what can you tell us about his judicial history? >> reporter: gayle, people who know him and have served with

him describe him as a learned man. not only in the life but in the law. remember, he has that doctorate in philosophy from oxford. on the bench they say he's thoughtful, reflective, very well read, highly skilled writer and has written extensively about religious liberty. he sided with religious employers who were objecting about the obamacare contraceptive mandate. he has a sterling resume. >> what do you think the line of attack will be, that religious question? >> reporter: i think already you're seeing democrats question his views not only on abortion but whether or not he would move the court dramatically to the right which, of course, is not going to happen. remember, he is replacing a conservative icon in justice antonin scalia. he has modeled his judicial philosophy very much after that, after justice scalia.

he does not have justice scalia's sharp elbows. many people think it will serve him well. you can't do anything on the supreme court by yourself. you have to persuade your colleagues. sometimes scalia struggled with that. >> he clerked twice for white and also anthony kennedy. >> reporter: that's right. justice kennedy thinks very highly of judge gorsuch. he will be now returning to the court if confirmed before the summer to serve with the justice with whom he clerked. that's never happened before. but, of course, there's also wide speculation that justice kennedy will be stepping down maybe this summer or next. that would give president trump his second nomination. >> jan, great reporting from the beginning. thank you so much. >> thanks. president trump's nominee for education secretary is one step closer to confirmation, narrowly voting to support betsy devos. she is facing allegations that

she plagiarized answers to fill out her application from those before. at least two republican senators reportedly have not committed to supporting her in the full senate vote. margaret spellings was education secretary under george president w. bush and now is the president at the university in raleigh. good morning. >> good morning, norah, and friends. >> yes, and friends. >> margaret, it's one betsy devos has spent a lot of money supporting charting schools, wants to expand the use of charter schools. donald trump said he would divert $20 billion in federal funds to help support school choice. what is betsy devos going to do for public education? >> well, i think the question is, what is she going to do for children across our country and helping them get opportunity through education and certainly charters and choice are part of that recipe. we also know that most of our

students will be attending public schools and so that's where accountability and all the other things that are in the purview of the department of education come into play. and i expect her to listen a lot. this is the era of the states. and i expect that she'll be an onest broker and a great leader for all of our schools. >> do you have any question about her commitment to public education? >> you know, i don't. i think her record is over the many decades that she has been involved on the battlefield, fighting for school reform, fighting for opportunity for students in michigan and around the country. she has an open approach to where those educational opportunities are provided, whether they're charter schools or private schools or any kind of school. i mean, i think the question is, where can we find the best education for students, not what's the name on the door. >> word is that you've been advising her because you certainly know this job. what are you saying to her, number one, that you care to share with us and what do you think is the biggest challenge

she faces if she is confirmed? >> well, i've advised her to get out about the country and learn and listen. you know, any of us who take these big jobs in washington know that you don't know everything there is to know about the department till you get in there. assemble a great team around her. that's obviously key. and go and find out what's on the hearts and minds of people who work in schools and in universities around this nation. and, you know, i know that she's going to do that. this is the era of states and local districts. this is where the action is. so i think she's going to pursue a deregulation agenda, trying to free states and locals to meet objectives around closing the achievement gap, which has always been the priority of the department of education. >> i talked recently to bill gates and also to another leading philanthropist who basically said they spent a lot of money and it's so very hard to change public education. what's the problem?

>> well, i think often the interests of adults are put before the interests of students. that's why i'm so encouraged by betsy's commitment really to a student-centered approach. we talk a lot about pay and benefits and tenure and all those things that are really adult issues. and often lose sight of some of those student issues. and so, you know, i think that's a refreshing new look at things. that's why accountability is so important, that we understand what the bottom line results are for students. >> you know, there are charges of plagiarism. does that concern you? >> many questions were posed to her and obviously she had staff and others help her compile those answers. i think that's a silly gotcha myself. the questions about her character, her leadership ability and her experience are obviously fair game, but i think

that's kind of a red herring myself. >> this is a silly gotcha, too, what happened to that game that you and i bet on? >> march 4th, my friend. $100 on the looine. go heels. >> margaret said it's going down. thank you very much. charlie said right back at you. he's ready. >> bring his hundred dollars. >> okay. he can do that. atlanta falcons are headed to the super bowl, did you hear? for the second time in the team's history. their success has given their owner, arthur blank, a whole lot to dance about this season. he's in our toyota green room. doesn't look like he's dancing yet. how the falcons have defied the odds and whether they can do it,

two men were sent to prison for murders they didn't commit. now they're free and have cooked up a new plan. >> in brooklyn there's a bar and

restaurant serving up shots of redemption. i'm michelle miller. coming up on "cbs this morning," we'll introduce you to two wrongfully convicted men using their freedom to bring opportunities to others. i'm phil mickelson, pro golfer. my psoriatic arthritis caused joint pain. just like my moderate to severe rheumatoid arthritis. and i was worried about joint damage. my doctor said joint pain from ra... can be a sign of existing joint damage... that could only get worse. he prescribed enbrel to help

relieve pain and help stop further damage. enbrel may lower your ability to fight infections. serious, sometimes fatal, events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders, and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common or if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for... heart failure, or if you have persistent... fever, bruising, bleeding, or paleness. don't start enbrel if you have an infection like the flu. joint pain and damage... can go side by side. ask how enbrel can help relieve joint pain and help stop joint damage. enbrel, the number one rheumatologist-prescribed biologic. only abreva can heal it in as

few as two and a half days when used at the first sign. it penetrates deep and starts to work immediately to block the virus and protect healthy cells.. don't tough it out, knock it out, fast. abreva.

♪ nope.

two men in prison for murders they didn't commit are getting a new taste of freedo they are now business partners in a new brooklyn restaurant in new york but their ambitions stretch beyond the food they serve. he food they serve. michelle miller shows how they've finally been able to fulfill a dream. good morning. >> good morning. they didn't know one another growing up in brooklyn. their bond was developed behind bars where both men worked together for more than 20 years as jailhouse lawyers to exonerate the wrongfully convicted including themselves. now they've opened a restaurant where every day is a celebration of their efforts. at brooklyn's brown joan derek hamilton is growing accustomed to celebrity. it'san adoration that's more than running a restaurant.

it's a business place making 2-month-old business a popular destination. >> what did you two know about the restaurant business? >> i know nothing and i still know nothing but we're learning as we go along. >> he and his partner may be new to this competitive business but both have faced steeper odds for success. >> i spent a total of 30 years in prison. >> i did 27 1/2 years. >> he came in saying it was for a double homicide that he didn't commit. >> did you believe him? >> yes. >> why? >> because i was in prison for something i didn't commit. >> both believed they were framed by a beliepolice officer >> i believed him because it hatched to me. >> they were dedicated to

studying law. >> when did you say i'm going to the law library. >> day one for me. >> day one. >> i mean i knew one day i would get out of evidence because the evidence spoke louder than me. >> so how did you essentially free yourself? >> studied. it was refusing to accept a decision from judges that were wrong and i just went back every time and said, judge, you were wrong. >> derek hamilton is very good. one of the best. these are our pair a legals. >> since co-founding the innocence project barry scheck has helped exonerate over 190 former inmates. he was not one of their lawyers. he said it was their own grasp of the law that afforded their freedom. >> the odds are enormous and it takes people of remarkable resilience, intellect, and

character to succeed and that's who these guys are. >> the officer who helped imprison him is now retired but allegations of evidence manipulation led judges to overturn 11 of his convictions and settlements have cost the city more than $30 million. the brown joan is where they chose to invest some of their settlement, but it's not where they spend most of their time. like they once did from the prison library, shakur and hamilton continue to work full-time on behalf of the wrongfully convicted. >> they savey 2% of the people prison are innocent. that's too high of a number for me. >> why go into the risky restaurant business?

because it offered them an opportunity to reconnect with their old neighborhood, one they hadn't seen in more than 20 years. >> we knew that once we were released that people are always going have that stigma against you that you were in prison, so we wanted to prove that we were assets and not liabilities, that we could go back into the community and be productive citizen citizens. so many guys we hire are guys who had felonies and couldn't get hired somebody else. if your ego doesn't stop you from picking up a broom and working, we got you. the kids in the neighborhood who come in who clean windows and tables to keep them off the streets. >> i didn't want to say that. we to do that. >> they know that because they come hustle us every day. >> you both fought for a very, very long time for this kind of opportunity. >> mm-hmm. >> what's the best part of

living it? >> just living free. you know, every day is a blessing. not only am i here, but i'm able to provide a service and a place for other people to come in and enjoy their lives. >> now the two men have worked on dozens of cases other than their own and derek said he helped free five others including his friend. you should know louis garcelle la la denies any wrongdoing. >> bravo to them. makes me want to go to the restaurant. >> was the food good? >> i honestly didn't taste it. >> they don't appear to be bitter. that's what i think is so extraordinary. seems like they would be very angry and they're not.

>> they're not. they released it. former astronaut buzz aldrin turns heads at new york's fashion week. you're watching "cbs this morning." we'll be right back. well, when you have copd, it can be hard to breathe. it can be hard to get air out, which can make it hard to get air in. so i talked to my doctor. she said... symbicort could help you breathe better, starting within 5 minutes. symbicort doesn't replace a rescue inhaler for sudden symptoms. symbicort helps provide significant improvement of your lung function. symbicort is for copd, including chronic bronchitis and emphysema. it should not be taken more than twice a day. symbicort contains formoterol. medicines like formoterol increase the risk of death from asthma problems. symbicort may increase your risk of lung infections, osteoporosis, and some eye problems. you should tell your doctor if you have a heart condition or high blood pressure before taking it. symbicort could mean a day with better breathing. watch out, piggies! (child giggles)

symbicort. breathe better starting within 5 minutes. get symbicort free for up to one year. visit saveonsymbicort.com today to learn more. new aveeno®... don't just eat yogurt... wear it. daily moisturizing body yogurt. enriched with the nutrients found in greek yogurt, intensely nourishes skin for 48 hours. aveeno®. naturally beautiful results®. but with my back pain i couldn't sleep or get up in time. then i found aleve pm. the only one to combine a safe sleep aid plus the 12 hour pain relieving strength of aleve. and now. i'm back! aleve pm for a better am.

,we'your most extraordinarybut withmoments happenses when you feel small.

when you're completely outnumbered, overshadowed, and outshined. so what if you dared to explore this great big beautiful pond. what if you dared to feel small. celebrate our princess anniversary sale with award winning itineraries. 7 day fares from $799. visit your travel agent or princess.com. princess cruises. come back new. the second man to walk the moon made his runway debut. that is buzz aldrin wearing a

shiny silver jacket and check out the shiny shoes. he was joined by bracing for protests today ahead of a talk by right-wing white nationalist milo yiannopoulos good morning, it's 8:25. i'm michelle griego. uc-berkeley is bracing for protests today ahead of a talk by milo yiannopoulos. he is known for his column on the conservative website breitbart. the berkeley college republicans are hosting tonight's sold-out event at 7:00 at the student union building. the future of the mavericks surf competition off the san mateo county coast is suddenly very murky after organizers went bankrupt. cartel management and "titans of mavericks" filed for chapter 11 yesterday. organizers are expected to release more details of mavericks' future later today. stay with us, traffic and weather in just a moment. ,, with the xfinity tv app,

anything with a screen is a tv. stream 130 live channels, plus 40,000 on demand tv shows and movies, all on the go. you can even download from your x1 dvr and watch it offline. only xfinity gives you more to stream to any screen. download the xfinity tv app today.

good morning. it's 8:27. starting on the east bay commute here on 880, it is very slow on southbound 880 if you are heading to the hayward/fremont area and let's take a look at southbound 880 to highway 92. a live look at the san mateo bridge between hayward and foster city. 25-minute drive. traffic alert since 4 a.m. in gilroy westbound 152 after ferguson road an overturned big

rig blocking the westbound side so give yourself extra time to get through there. if you are heading on mass transit downtown oakland bart delayed in 10 minutes in all directions. >> roqui, kcbs radio says i saw that green around the santa rosa area is that real? it's virga. a lot of the rain is evaporating before it hits the ground because we have had so much dry air in place with our temperatures unseasonably mild but we have rain coming. most of the day will be dry mostly cloudy skies. temperatures right now into the 40s. boy, remember yesterday at this time? we were in the 30s. it's 51 degrees in san francisco. winds will be increasing out of the southeast 10 to 20 today. temperatures coming down 50s and 60s. these numbers are more seasonal. let me walk you through the extended forecast. we'll have rain developing towards the evening commute. we'll have wind and rain with the wind advisory in place for your thursday morning through the day. rain friday and sunday into monday.

wrap ,,,,,,,,

tomorrow night we'll have the full report, but as a preview, he was on sports center when he asked a number of player as what does tom brady smell like. >> how does tom brady smell? >> he smells good. >> like money. >> like you would imagine. >> what do you think tom brady smells like. >> flowers. >> can i come and smell you? >> no. >> wait a minute. >> i think he smells like one oof gisele's perfumes. tom brady smells good. >> i think he smells like sweat.

i think it's a weird question to ask. >> it's fun. coming up this hour atlanta falcons owner arthur blank busts a move as he celebrates a win sending them to super bowl li. he's in the toyota green room. hello, mr. blank. what does tom brady smell like? >> who knows. i don't want to know. >> i don't want to know. >> i get it. he's fired up for sunday's big game. why he thinks his team is headed for a big win over the patriots. right now triem to show you some of this morning's headlines. sean spicer yesterday insisted president trump's executive order is not a travel ban. >> he's also made very clear this is not a muslim ban, a travel ban. it's a vetting system to keep america safe. it can't be a ban if you're letting a million people in. if 325 people come in.

>> since they signed the order administration officials including sfieser have used the word "ban" to describe the order it's a word the president himself has used. he said it in the oval office on saturday morning. >> we have a strict ban and we'll have extreme vetting which we'll have in this country for many years. >> he also used a word on twitter writing this. if the ban were announced with a one-week notice, the ban would rush into our country. he's treating everybody's arguing whether or not it's ban. call it what you want. it's about keeping bad people with bad intentions out of our country. the "new york post" reports on the happy news of a boston marathon survivor and the fireman who saved her. they're getting married. the fireman rushed to help her when she lost her right leg in the bombing in 2013.

their friendship turned to romance and they began dating soon afterwafrmd he proposed in december. gayle, this was the story i said to yo this morning as we were in the makeup room. look at this story. it's so unbelievable. >> we all remember her. good to see. they report on another reason why flying coach may be for the birds. a photo on the internet shows dozens of falcons traveling on a plane. apparently belong to a saudi prince. train birds to hunt is a pastime in the united emirates. the month a scooter company will roll out a roll bot that follows you. it works indoors or out and finds itself way back by itself. no word yet on a price. the "chicago tribune" notes the apparently topical theme of the meshl budweiser will air

during the super bowl. >> you don't look like you're from around here. >> it shows the challenges faced by cofounder adoll fish busch when he came to america from germany back in 1857. the brewery says the ad was planned long before the travel ban controversy. >> and "the boston globe" reports on the falling price for tickets to super bowl li. the ticket search engine seat geek says the average price is over $3,000. that's down from $6,000. at the time hometown houston texans and dallas cowboys were first in the playoffs. compare those to the prices back in 1967. look at that. tickets just $12. >> look at that. the atlanta falcons employees don't have to worry about tickets why? the owner arthur blank has a big heart. he's taking more than 500 to the game in houston. atlanta will take on tom brady

and the new england patriots. if the falcons win, you can bet this man will be dancing again. arthur blank, good morning. we welcome you to the table. >> good morning. thank you, gayle. nice to see you again. >> you're in the toyota greenroom with your lovely bride angie who says you have a very big heart and she was not surprised when you said i want to take all of your employees. >> all of our businesses live by a set of core values and culture and there's so many people that support the atlanta falcons beyond the field, the players and coaches. >> everybody knows that -- most people don't do it. >> it's part of what we do. we live our values, we run our businesses by our values, and that was the right thing to do. >> when the season started -- sorry for interrupting yo be i think this is really important. when the season started nobody thought the falcons had a chance. did yu? >> we always had a chance. every team in the nfl has a chance, but i think our offense

has formed at a very high level. our defense played with six, seven games to go on the regular season in the playoff series and so i think once i saw the younger players really coming along, the whole team coming along on defense, i felt we had a unique opportunity. funny story in that regard. cbs is hosting the super bowl for 2000159 and u we were excited about that. when we were in our room, the owners' room where we were having the vote take place, texted the coach, dan, we just won a chance and i hope we'll be playing as well. he texted me immediately. he said i plan on playing there sooner. so our head coach dan quinn foretold it. >> you really built this team person by person, coach by coach. >> we have.

we go through changers over the years. i've been the owner since 2002. dan quinn, we had a great coach before him, coach smith who was wonderful in a lot of ways. dan quinn has stepped it up. the general manager has worked beautifully with him. dan knows exactly the scheme he wants to play, offense, defense. understands exactly the prescription he wants for every single player, height, weight, speed. >> every team is built around a great quarterback. >> we were fortunate enough to draft matt riechblt i think he will be the mvp this year. he can't vote for ourselves but we think he's a great candidate. we'll see on saturday. >> you talked about coach quinn and he has bumper sticker phrases. fast and physical.

sharp as ierchlt include everyone. the one that really caught on is in brotherhood. >> if you know dan quinn, these are not phrases he picks up in a book. they're the way he lives his life. you know, he's very committed to that notion of unity and brotherhood and players who play for each other. they play for themselves, sure, but they play for each other, their team, the city, the fan. dan has supported that philosophy. the first time i met him in the interview process a few years ago throughout the first season, second season, it takes a while for people to understand this isn't just coachspeak. he truly believes it. we're blessed in having him in terms of the leadership. >> i was going to say -- i'm not sure what you want to talk about. >> the patriots. >> go ahead. i want to talk about something else go. ahead. >> i know you're good friends with bob kraft. >> right. >> we like bob kraft too.

>> he's a regular visitor here. i told him the other day on "cbs this morning." he said tell them i said hi. >> how do you place this matchup. >> you're playing against a team that's been around for 16, 17 years. against a quarterback and coach. tom has won four super bowls, he's played in six. so it's going to be a very tough matchup. they have a very good defense, offense, good coach. a quarterback who doesn't know how to lose. we'll have to play at our best, but we're not coming to houston to lose. we're coming there to win. our fans feel that way. mostly our players feel that way. they've had a week and a half. they're all in houston. coach feels good. players feel good. they're healthy, ready to play, and we've had great fan support. >> we sat here for four or five minutes and we haven't talked

about dancing. >> i was just watching the silver outfit dancing by the astronaut, which was great. i'm not sure you call it dancing. >> look at that. >> look at you right there. >> what it is is that it's raw emoti emotion. you get so carried away. this is an extension of my family. my family family was there. half of them were on the stage. all my family. my daughters and my wife and kids. >> it's great that you do it. i know bob kraft gave you advise and said stay in your happiness bubble. i think that's good advice. >> it is good advice. he said, number one, i want you to pace yourself over the next two weeks. i spoke to him. he said pace yourself and stay in your happiness bubble. anybody who tries to take you out of it, shove them out of it and stay in it. that's good for life. >> i like that too. i'm be writing down. >> we'll be watching on monday. >> thank you very much.

thank you. charlie, good to see you again. norah, nice to meet you, gayle, good to see you. looking forward to see you in 2019 as well. i'm not a suspicious person. atlanta has been playing for 50 years. this is the 51st year of the super bowl. >> it's a sign, arthur. >> it's a sign. we'll be competitive. >> with what we hope is a great game. >> i do too, charlie. >> here's to dancing and bubbles. >> i like that. thank you very much. children may be ,,,,,,,,,,,,

. it's so unfair. you know what? we're going to make this game. whoever stays unplugged the longest wins. >> not what i happened had in mind. >> what do we win? >> i want a computer. >> done. >> we're going to get them off electronics with more electronics? >> i want a chicken pot pie. >> i want a car. >> done. >> the parents of "modern family" clearly have trouble with their children. it's growing. researchers from the university of maryland found that a rise in economic opportunities for women and a decline family size has

flipped the traditional power roles giving the kids more sway. jennifer wallace covered parents trends. good morning. what do we know about this changing family dynamic? >> i think what the researchers are picking up on in this report is that for the last 40 years the amount of time parents spend with their kids is ever increasing. dads are spending three times the amount of time they did in the mid-'70s. moms are spending 50% more time despite the fact that now 71% of the mothers are working outside of the home. more of us are working but more of us are spending more time with our kids, finding more resources, financial and time. >> the result of that? >> there could be a downside of that. overwhelmingly it's a good friend. we are now parents who want to invest in our kids, have a close relationship. we want to have more of a dialogue than parents had maybe historically in the past. the downside is that sometimes that dialogue can become

negotiations, power struggles and could become what this report says a power switch which is not good for anyone. >> did they look at this between black families and white families? ? i don't know of any black kids who run the household. i'm not trying to be funny. >> i'm sure it's cultural. it was not specified in the report. >> is it making the kids more demanding and entitled? >> absolutely. >> not good. >> when they say we're going to distort our calendars and parents and devote our whole weekend to driving you to soccer matches, to sitting for six hour s, which is what i do, chess tournaments, when you signed the child that signal, you get the signal my responsibility is more important. >> there's a sense of entitlement. >> there is and we're feeding it. we don't want to be feeding that, be that's the result. >> and setting up a dynamic against mom and dad or --

>> researchers say that. they say that now there are less rivalry among kids, there's more for parents. rewarding kids financially for good behavior. >> oh, my gosh. >> how do you eliminate the sense of entitlement? simply by not doing what causes it? >> it's balance. i think it's great for parents to invest in kids. we value what you do in your interest. but on saturdays if you're going to a chess tournament for five hours. on saturday you're going to the grocery store with me. you tear dining your chores. it's not all about you. in this society i think we need to be sending a signal it's what's best for society. >> rewarding kids for good hav. the stuff they should be doing. yikes. >> you and jeff are on the same page. >> me and mr. tracey. we're like this.

from carpool karaoke. the treat ahead. when james corden faced off with icon sting. look at that. look at that. you're watching "c,,,,,,,,,,,,,,

imagine if the things you bought every day

earned you miles to get to the places you really want to go. with the united mileageplus explorer card, you'll get a free checked bag, 2 united club passes... priority boarding... and 50,000 bonus miles. everything you need for an unforgettable vacation. the united mileageplus explorer card. imagine where it will take you.

james corden and sting competing for best sing waiter on "the late late show." they brought the house down with the classic "every breath you take." ♪ every breath you take every move you make ♪ ♪ every bond you break every step you take i'll be watching you ♪ >> charlie, you want that white

shirt with the red bow? >>,,

torres resumes today at the san jose hall of justice. he's accused of k good morning, it's 8:55. i'm michelle griego. the murder trial of antolin garcia-torres resumes today at the san jose hall of justice. he is accused of kidnapping and killing 15-year-old sierra lamar about five years ago. her body hasn't been found. the prosecution's case is based on dna and other physical evidence which the defense says was mishandled by investigators. public defenders and prosecutors in alameda county are criticizing a new court management software system. critics say the software system named odyssey has processed inaccurate records, led to unwarranted jail time, and has wrongly listed defendants in the system as sex offenders.

the san jose city council has approved a $16 million plan to house the homeless. the loan would help the developer build a six-story complex near st. james park. stay with us, traffic and weather in just a moment. ,, ,,,,,,,,,,

good morning. it's wednesday. almost friday. right? okay. it's 8:57. let's take a look at the bay area roads. starting with the bay bridge toll plaza, if you are heading into downtown san francisco, that will be a quick drive about 17 to 20 minutes so not too bad there but if you are heading to the peninsula

traffic smooth between 880 and 101. hayward to foster city. and gilroy, poor gilroy, we have had this traffic alert since 4 a.m. it's westbound 152 after ferguson road an overturned big rig still blocking the westbound side so chp is diverting traffic off at ferguson road. give yourself extra time to get through the area. and you'll be fine heading to 101 into san jose. roberta, i'll send it to you. >> they spilled meat all over the place. they will have to "mooooove" it out of there. that was bad. live hi-def doppler. i'll stick with the weather. we have virga in the area of santa rosa. that's where the rain evaporates before it hits the ground. most of the day will be dry mostly cloudy skies. boy, it's mild outside right now temperatures in the 40s and 50s. later today talking about numbers stacking up in the 50s and low 60s. again, cloud cover, you may see a sprinkle here or there but most of the activity later on tonight. wind and rain thursday, wind advisory through friday

morning. showers friday and by saturday up to 5" of rain the wettest locations and wet sunday night. ,, ,,,,,,

wayne: (imitating chewbacca) you got the car! - holy cow! wayne: you got the big deal! you won, now dance! ooh! cat gray's over there jamming the tunes. vamos a aruba! let's play smash for cash. - go big or go home! jonathan: it's time for "let's make a deal." now here's tv's big dealer, wayne brady! wayne: hey, america, welcome to "let's make a deal." i'm wayne brady, thanks for tuning in. who wants to make a deal? (cheers and applause) simone. come on, simone. watch your step, miss simone, watch your step. how are you doing? nice to meet you, mama. and where are you from? - los angeles. wayne: well, thank you for being here already. - oh... wayne: so, what did you come for? (simone stutters)