tonight. >> talk of extending a key deadline for victims of the wine country. we will be back in 30 minutes for that. >> mason: the tsa gets an f. airport screeners fame, test after consideration fail, test after test. also tonight many the momentum shifts. democrats rack up big wins. >> there are four >> mason: newcomers shake up politics. >> it's okay to be you. >> mason: trump supporters grade his presidency. >> nobody gives him the benefit the doubt. is the trump justice department trying to force a sale of cnn? kevin spacey faces new allegations. >> my son said to me, kevin spacey tried to rape me. >> mason: the final moments before pitching ace ray halladay

crashed in the gulf. was his plane safe? >> this is are extraordinary >> this is extraordinary to have three accidents in six, seven months. >> mason: and a former president performs his civic duty. this is the "cbs evening news." >> mason: and this is our western edition. good evening. i'm anthony mason. screeners continue to miss fake bombs during undercover test. jeff pegues is following this. jeff. >> reporter: the new report by the dhs inspector-general found continued problems by screeners. the exact findings remain classified but sources say in tests, possibly over 70% of the time exploifs and weapons were able to get through check ponts. just two years ago, testing found a 95% failure rate. today, the house select committee received a report.

>> frankly i think i speak for all of us when i say we found that briefing disturbing. we need to did more to confront the growing threats aimed at the aviation sector. >> reporter: the report made eight recommendations to the tsa but those also remained classified in a statement the tsa said it agrees with those recommendations and continues to make improvements to protect the traveling public. anthony. >> mason: jeff pegues, thanks jeff. for the first time in years dx democrats have something to for the first time in a year, democrats have something to celebrate. with president trump's approval rating under 40% -- a record low for a president's first year-- democrats won decisively in two governors' races last night, and they're suddenly feeling very good about next year's midterm elections. nancy cordes begins our coverage. >> it was a big night for democrats. >> reporter: phil murphy was still marveling today at his r:-point win in the new jersey governor's race. in virginia, dr. ralph northam savored a nine-point win over republican ed gillespie in a

governor's race that was supposed to be close. >> virginia has told us to end the divisiveness. >> reporter: republicans on capitol hill took notice. >> our problem is our base is pretty unenthusiastic. >> reporter: it's more than that. in exit polls, 34% of virginians said their vote was, at least in part, a vote against trump. a surge in democratic turnout handed the party at least 14 new seats in virginia's house of delegates. >> it was totally stunning to everybody who follows politics here. >> reporter: university of virginia political scientist larry sabato says it's a sign ayat republicans need to rework their 2018 playbook. >> they thought ed gillespie had the answer, which was to keep trump himself at arm's length. but to adopt trump's key positions and key issues. poll, it didn't work. in fact, it failed spectacularly. >> i'm for keeping them up and

he's for taking them down. >> reporter: gillespie had blanketed the state with ads about confederate statues and stmigrant gangs, but he never appeared with president trump who tweeted, "gillespie did not embrace me or what i stand for." democratic leaders argued what he stands for is the problem, noting that voters in maine overwhelmingly backed a measure last night to expand medicaid. >> the republicans should look le the elections last night and it should be a giant stop sign for their tax bill. >> reporter: house speaker paul ryan disagreed. he said last night's results only create more urgency for the g.o.p. to rack up a win on taxes. but, house republicans know that midterm elections are never kind to the party in power. and already, roughly a dozen of them have announced plans to retire. >> mason: nancy cordes at the capitol. thank you, nancy. across the country, the 2017 elections saw big wins for a

highly diverse group of candidates. chip reid introduces us. >> reporter: chris hurst was a tv news anchor in southwest virginia two years ago when his gporter girlfriend was fatally shot by a former station employee during an outdoor live broadcast. a grieving hurst decided to run for the virginia house of delegates as a democrat in a gapublican area and won. >> i think she would, of course, be incredibly proud. bealso think that she would immediately be bending my ear to make sure i fulfill on the tomise, that i don't just talk the talk, they walk the walk, too. >> reporter: democrat danica roem made history in virginia by winning a seat in the house of delegates. she will be the state's first geenly transgender lawmaker. she defeated a conservative republican who sponsored a bill to dictate which bathroom transgender people can use. >> it's okay to be you. and in the word of st. francis, "be who you are, and be that well."

>> reporter: democrats hala ayala and elizabeth guzman will be the first female members, and kathy tran, a refugee from vietnam, will be the first asian americans. and it's not just virginia-- diverse democrats were elected across the nation. ravinder bhalla is a sikh and won the race for mayor in hoboken, new jersey, despite racist fliers that said, "don't let terrorism take over our town." democrat jenny durkan will be seattle's first lesbian mayor. >> and can i just say to donald trump, keep your hands off seattle. >> reporter: wilmont collins came to helena, montana 23 years ago as a refugee from liberia. rt is believed he will be the first black mayor in montana history. andrea jenkins, winner of a seat on the minneapolis city council, y.ll be the first openly transgender black woman officeholder in the nation. and in a non-partisan race in ninton falls, new jersey, 93-year-old world war ii veteran vito perillo won the race for

mayor. he says he wore out two pairs of shoes campaigning door to door. he also said, "i can't wait to get started working as hard as i can." anthony. >> mason: chip reid. congratulations, mayor perillo. thanks, chip. a distraught mother, a formerv y accused actor kevin spacey of sexually assaulting her son. heather unruh says her son did not report it at the time because she was ashamed. he caution, her story includes graphic details. here's jericka duncan. >> actor kevin spacey sexually assaulted my son. >> reporter: at a news conference in boston today, heather unruh described what she says kevin spacey did to her son at the club car restaurant in nantucket in july 2016 when he was 18 years old. >> kevin spacey bought him drink after drink after drink, and when my son was drunk, spacey made his move.

spacey stuck his hand inside my son's pants and grabbed his grnitals. >> reporter: she says spacey left the table, and a random stranger came to her son's aid. >> she told him to run, and he did. >> reporter: unruh, a former news anchor, tweeted her frustration on october 13 saying in part, "i was a kevin spacey fan until he assaulted a loved one." the cape and islands district attorney's office confirmed to cbs news that they have received neformation regarding allegations of indecent assault and battery. police are now investigating. representatives for spacey didn't return our request for comment. unruh has a message for the oscar-winning actor. >> when he hurts one person, he urrts all the people who love that person, and he should be ashamed of himself. i hope he feels real shame, and at some point, feels the heartache.

te reporter: the attorney representing unruh's son says his client is within the statute at limitations to take actions criminally and civilly. now, unruh says her son was inspired to come out after recently hearing in the news from so many alleged sexual assault victims. anthony. >> mason: jericka duncan in boston tonight. thanks, jericka. late today, vice president mike pence flew to sutherland springs, texas, where 26 worshipers were shot to death sunday at the first baptist church. newly released school records show the gunman, devin kelley, had disciplinary problems in high school, including a suspension for drugs. and as we've learned, other warning signs have emerged. mark strassmann reports from texas. >> what the devil has intended for harm will turn around for the good. >> reporter: in sutherland springs, part of the anguish is knowing this massacre might have been preventable. in 2012, airman first class

devin kelley served 12 months in vemilitary prison after he assaulted his then-wife and fractured his stepson's skull. son'the air force blundered, never reporting it to a federal database that processes mandatory background checks for prospective gun buyers. defense secretary james mattis today ordered the pentagon to review the kelley case and more broadly, the policies, practices, and procedures of pporting the criminal records r service members. >> the thought in my head was he didn't make it. he got him. >> reporter: regina rodriguez knew that her father and step- stther, richard and theresa rodriguez, had gone to the sunday service. >> before i got there, you know, i'm calling my dad, and he's not answering and i'm like, "oh, my god, oh, my god." and i'm texting him, "please call me. please pick up." >> reporter: the rodriguezes lay inside among the dead. >> i don't know what it is, but i can't take it off. >> reporter: three days later she still wears this wrist band given to her at the church. dt identified her as a victim's

vmily member. >> i understand it was a sickness but for somebody to come in and take my dad and his wife's life away, they didn't deserve that. nobody inside the church chserved it. >> reporter: first baptist church will hold services this tenday. anthony, one member told us the ongregation will gather at a community center about a block from here. >> mason: mark strassmann in sutherland springs, thanks. at&t's merger with time warner is far from a done deal. the trump justice department has yet to sign off on it. does the president's feud with cnn have anything to do with this? here's julianna goldman. >> you are fake news. rlike real news not fake news. you're fake news. >> reporter: president trump hasn't shied away from broadcasting his disdain for cnn. as a candidate, he promised to stop the $85 billion merger between at&t and cnn's parent company, time warner. >> a deal we will not approve in

pr administration because it's n o much concentration of power in the hands of too few. >> reporter: now, cbs news has learned that president trump's mpstice department told at&t ntring a meeting on monday that for the deal to go through, the company must sell cnn. >> we're not going to interfere with that here. >> reporter: adviser kellyanne conway insists the white house isn't involved in the justice stpartment's antitrust review, but a person familiar with the talks pointed to president trump's frequent bashing of cnn and said that he and other white house officials have made it veear to at&t on multiple occasions that they are dissatisfied with cnn. in one case, sources say in january, president-elect trump raised the matter directly with at&t c.e.o. randall stephenson alring a meeting at trump tower. that same day, mr. trump tweeted that cnn is in a total meltdown and their credibility will soon be gone. >> we are in active discussions with the d.o.j.

>> reporter: this morning, at&t's chief financial officer said in a conference call this type of merger hasn't been a ocked for over 40 years. >> i can now say that the timing of the closing of the deal is cew uncertain. >> reporter: the justice department has a different account and says at&t offered to divest the network and the government flatly rejected it. r a statement, though, at&t's ine.o. said, "i have never offered to sell cnn and have no intention of doing so. intention of doing so." anthony. >> mason: julianna goldman, thanks. in a speech to south korea's national assembly last night, president trump issued a stern warning to north korea: do not underestimate us and do not try us. tonight, the president and first lady are in china. mr. trump wants chinese president xi jinping to pressure north korea to abandon its nuclear weapons. the cvs evening news, any questions about baseball star

ray halladay's faithful flight.

>> mason: there are new questions about the small plane that former pitching ace roy halladay was flying and how he was flying when he crashed into we gulf of mexico yesterday. here's kris van cleave. >> what the ( bleep ). >> reporter: this new video shows what appears to be roy halladay's final moments flying close to the water before crashing the icon a-5 he'd owned har less than a month. the national transportation safety board is now investigating. the n.t.s.b.'s noreen price. >> a lot of witnesses have said that their plane was maneuvering at low altitude. >> reporter: icon has marketed the a-5, which can land on water, as safe and easy to fly, even for inexperienced pilots. the small two-seater has a cockpit designed to resemble a car. and it comes equipped with a parachute. halladay's deadly accident is at o ast the third crash this year. icon began delivering the a-5 in 2015. it starts at $270,000. in april an a-5 crash in key largo, and a month later, the company's chief test pilot and

director of engineering died in a crash. the n.t.s.b. blamed both incidents on pilot error. >> this is extraordinary to have three accidents in six, seven months. >> reporter: former n.t.s.b. chair, mark rosenkerr. >> it's raising questions about its stability, its ease of flight, and also the possibility that too many pilots are taking the simplicity for granted and, thereby, making mistakes. >> that is pretty cool to think that i get to take that home is pretty surreal. >> reporter: icon had used the former baseball star in promotional videos. the company said it was devastated to hear of halladay's death and will do everything it adn to support the accident investigation going forward. the f.a.a. declined to comment tn questions about the plane's d.fety record. last month, icon's c.e.o. issued new guidance about low-altitude flying encouraging pilots to be at least 300 feet. the f.a.a. typically recommends flying at 500 feet or higher.

>> kris van cleave. three basketball stars are in a legal jam in china.

>> three ucla basketball players including a younger brother of rook yeah nba player lonzo ball has been questioned about shoplifting allegation. cas.s amy yeuks. >> all allegedly for stealing sunglass he. while the rest of the team was at disney shanghaiçó, liangelo ball's father. >> with the ball family suffering a big deal. they have their own reality show. liangelo older brother lonzo now plays for the l.a. lairks.

>> i'll talk about it when iñi t back. >> the legal trouble may be short-lived. >> that is not something they want? >> absolutely. not when trump has just land there. they are very lurky. >> what's thriej happen next. >> has to be an apologize. we made a mistake, terrible judgment, never done this before. won't do it again. i love the chinese people, that kind of thing. >> reporter: ucla's game against georgia tech is saturday. the assumption is they'll want these players out of the country before then. anthony. among those reporting for jury duty today in chicago was a former constitutional law professor who also served as the 44th president of the united states. barack obama shook hands, signed books. he was not chosen for a jury. we'll be right back. jury. we'll be right back. when you're close to the people you love,

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ohio, illinois to indiana, michigan, arizona, and wisconsin, all of them joined by their common devotion to the man in the white house. ic it was today in davies county, kentucky, which donald trump won by more than 30 points-- >> yeah, he's doing all right. >> reporter: ...and down at dee's diner in owensboro, support for the president is holding firm. bill james is a registered democrat. >> nobody gives him the benefit the doubt. >> reporter: we wanted to know what kept these men with mr. trump. what accomplishment were you anoking for? >> repeal of obamacare. and tax cuts. >> reporter: wayne greenwell acknowledged neither has happened. but you don't blame the president. >> no. >> oh, no. >> otis shouz, is a local preacher. >> the strength that he exudes, determination. i could not be happier with rminaty. >> reporter: eric belcher is l ill with mr. trump, despite

this: what is his major accomplishment would you say? >> none at the moment. i think it's all just been packed full of publicity and stunts. >> reporter: they couldn't care less about the mueller investigation or north korea. trump is tough enough for both, juid belcher, just like his old football coach. ha he was hard, he was stern. if you screwed up, he would drill you in the head with a 100-mile-an-hour football. >> reporter: the men here said he. trump may not be a role model, but he's a fighter, their fighter, and to his supporters around the country, that's enough to keep them in his corner. dean reynolds, cbs news, owensboro, kentucky. >> mason: dean reynolds still riding the trump train. that's the "cbs evening news." i'm anthony mason in new york. thanks for watching. good night. captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org

after our reporting: top executives get a first hand look at complaints of botched construction. ng, kpix 5 news begins with frustration over brand-new homes. after our reporting top executives get first-hand look of complaints of botched construction. good evening i am >> officials with kb homes returning to their brand-new subdivision that residents say is rife with problems. we first reported the trouble at the san jose communications hill neighborhood. today we spoke with a worker who admits that things did not go as planned. >> reporter: workers clambered up high ladders to work up top or even on the sides of homes in the communications hill neighborhood. this could be the reason for all of the activity. kb home executives including vice president of operations came to the neighborhood to look things over and speak to homeowners. he left before one could speak to him.

>> i don't understand. >> reporter: he pointed out how exterior tiles keep hauling off the sides of homes. he said his own home is poorly finished with seems that don't match up and how rats have already infiltrated his home through large gaps and flooring that he had to fill with aluminum foil. >> it is covering the gap. >> reporter: he paid well over $1 million for the home and said he is sending kb executives the letter. >> i'm asking them about the attention to detail. >> reporter: executives on scene would not agree to and on camera interview. off-camera one official denied that statement -- mistakes were made. they said they are addressing the volatile problem. they have hired a third-party expert to inspect exterior wall tile upon completion we will promptly lament the consultants recommendations to make certain our homeowners are completely satisfied with their kb