streamed into senate office buildings mostly in support of ford. if every democrat votes against kavanagh, the gop can't afford to lose one of their own. the focus remains on at least five republicans who said they would withhold judgment until after the hearing including tennessee's bob corker. >> i'm not going to give any impressions. i want to hear the whole testimony before i say anything. >> reporter: so what happens now? republicans are set to meet this hour here on capitol hill to discuss next steps. they'll use that meeting to gauge support for kavanagh. as of now the senate judiciary committee is scheduled to vote tomorrow on kavanagh's nomination. if they do, the earliest the full senate would consider him is monday. but it bears repeating, jeff, in a chamber divided, 51 republicans, 49 democrats, if all the democrats vote no, republicans can afford to lose just one vote. >> and there are five republicans who have not said one way or the other which way they're going to vote.

adam keefe, thank you very much. president trump said yesterday he would be watching the hearings and he held open the possibility he might pull the kavanagh nomination yesterday depending on what he saw today. well, he did watch and apparently from what we're hearing he liked what he saw. weijia jiang is at the white house with more reaction from there. weija? >> reporter: jeff, i want to get right to president trump's tweet that he posted minutes ago. it is the first and only time he has chimed in about this hearing today, saying judge kavanagh showed america exactly why i nominated him. his testimony was powerful, honest and riveting. democrats' skpand destroy strat is disgraceful and this has been a total sham and effort to delay, obstruct and resist. the senate must vote. and you're right, all day white house officials say they were pleased with kavanagh's performance because he used such a defiant and strong tone, which is what they were waiting for after a reecent performance on news interview in which he was a

more mechanical and subdued kavanagh. even though the president tweeted, he has not publicly spoken about the hearing. earlier today arriving back to washington from new york city where he spent the week, he ignored questions, but we can tell you he watched the hearing both aboard air force one and here at the white house when he returned. and just yesterday he said he was very much looking forward to it and he could be persuaded to change his mind, but jeff, change his mind, but jeff, tonight it seems a women's natural lubrication varies throughout her cycle. this can effect how pleasurable sex can be. to supplement your lubrication for even better sex try ky natural feeling. the lubrication you want, nothing you don't. ky natural feeling get what you want heif you're between trage 50 and 85,iz for you. it's important for you to know the truth, so please listen closely.

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>> announcer: this is the "cbs overnight news." >> we are going to turn now to jan crawford who covers the supreme court for cbs news. also rikki cleman, legal analyst, bianna golodryga. the kavanaghway saw tonight was different than monday night. >> it was complete anger, outrage, indignation, almost humiliation. i think when he got most emotional was when he was talking about his parents, his children, his friends, people that he -- you could almost sense that he had felt that he let them down. reng dragg through d now they

this, and his name was getting dragged through this. it was full-on onslaught of emotion, which is what we saw with justice thomas in 1991. as the president said what he hoped to see from judge kavanagh, and of course this was a man who has been accused of something he said absolutely didn't happen. and so you would expect to see that kind of anger and outrage and that's what we saw. and that could very well, i think, have made the difference in what this day will hold. >> rikki, legally speaking what did you make of the strategy employed by both sides? >> i think that the republicans have their strategy together. they were cohesive. they went forward understanding about how they were going to portray this in terms of it being a democratic ploy to be the m terms. and they probably were very, very smart in the end, though i might not have thought so at the beginning of the day, to back off and have a prosecutor

question dr. ford. not because the prosecutor was particularly effective, but it stopped them from being overbearing. and one of the things they chose was to let dr. ford be thought of as truthful but mistaken. they did not go after her integrity. they did not go after her as a liar, so that she could come across in the sympathetic way that she did and yet at the same time they could look to brett kavanagh to be able to say, i didn't do this, i never did this, this is a false accusation. it's a character assassination. and what has happened here has dramatically affected the life of my family and me. and regardless of what happens, look, we coin this as a tale of two hearings, right? you heard from dr. ford this morning and you saw a lot of republicans who are very nervous going into judge kavanagh's testimony. i think they probably feel they

heard what they needed to hear, but regardless as to whether or not he's confirmed, we haven't heard the end of dr. ford. and she will be a rallying cry for many women going forward, not only through the mid terms, but in the years ahead as a symbol of a movement, the same way that anita hill was in 1991. >> jan, how did this differ? you covered the anita hill/thomas clarence hearing. you've done so much reporting on it. how was this different today, if at all? >> the big difference was who asked the questions. and i think that was the lesson from 1991 for the republican senators that they do not want to be seen cross-examining ford and back then it was a disaster in some ways. >> in respect to questioning in particular? >> yes, among others absolutely. so that was a big difference. justice thomas, of course, was confirmed, in a democratic senate. >> jan crawford, rikki cleman, bianna golodryga. we'll have much more on the avenue kavanagh hearing later in

the broadcast. coming up next, the search for a missing boy in north carolina leads to a tragic discovery. also ahead, some grim numbers as we enter another flu season. what do you mean it's not working out, craig? i just introduced you to my parents. psst! craig and sheila broke up. what, really? craig and shelia broke up!? no, craig!? what happened? i don't know. is she okay? ♪ craig and sheila broke up! craig and sheila!? ♪ as long as office gossip travels fast, you can count on geico saving folks money. craig and sheila broke up! what!?

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those of maddox ritch, a young boy with autism who disappeared last weekend. here's manuel bojorquez. >> reporter: the boy's body was found in a creek about a mile away from the gastonia, north carolina park where 6-year-old maddox ritch was reported missing last saturday. police chief choked back tears. >> i'm heartbroken. our community is heartbroken. >> reporter: the fbi said the discovery does not end its investigation. what is your investigation looking to answer right now? >> effectively, where did he enter, how did he get there, what was the manner of death, what was the cause of death, was there any crime that was committed or are we simply looking at an accident? those are very difficult questions to answer, but they are questions we will answer. >> reporter: on wednesday maddox's father ian ritch told cbs news the boy ran after a

jogger at the park. he said maddox, who is autistic and nonverbal around strangers, then disappeared. dozens of searchers spent almost a week scouring thousands of acres as hundreds of tips came in. steve early lives near the creek where the body was eventually found and had these words for maddox's parents. >> we'll be praying for you. me and my wife is a praying family. we'll be praying for you. >> reporter: investigators say they would still like to speak with anyone else who was at this park at the time of the disappearance. they do not believe the body flowed from the park's lake into that creek, but said there is a pathway maddox could have taken. jeff? >> all right, manuel in gastonia, north carolina for us. thank you. still ahead here tonight, the sec just slapped tesla's elon musk with a lawsuit for securities fraud.

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federal regulators today sued elon musk for securities fraud and are seeking to remove him as ceo of tesla. this is over his august tweet during trading hours that he was considering taking the electric car maker private and had the funding secured to do so. the sec says musk never had any discussions without side investors. musk called the suit unjustified. in a statement he wrote, i have always taken action in the best interest of truth, transparency and investors. new figures released today show last winter's flu season was the worst in decades.

80,000 americans died including 108 childr 180 children and 900,000 hospitalized. they recommend flu shots for ssn popation hs and older. was vaccinated last season. we're going to be right back. >> announcer: this portion is sponsored by principal. investment, retirement, insurance.

all right. that is the cbs evening news for tonight. much more about this historic day on our 24-hour streaming news service cbsn. first thing tomorrow on "cbs this morning." i'm jeff glor in washington. we leave you now with some of the most memorable images from this day. good night.

on the broadcast here under oath, christine blasey ford says she is 100% sure she was sexually assaulted by brett kavanagh. and under oath, the supreme court nominee says he never sexually assaulted her or anyone. we have extensive coverage of an extraordinary day on capitol hill starting with the headlines in 60 seconds. >> i am here today not because i want to be. i am here because i believe it is my civic duty. >> with what degree of certainty do you believe brett kavanagh assaulted you? >> 100%. >> i am innocent of this charge, and i never sexually assaulted anyone. >> no matter what happens, both of these lives have been irrevokably changed forever.

good ening, i'meff glor in washington and we are going to begin with the dramatic emotional historic day on capital hill. college professor christine blasey ford accused brett kavanagh of drunkenly assaulting her at a party when they were teenagers. kavanagh, the president's nominee to the supreme court denied it, accusing democrats and the panel of advice and consent search and destroy. both swore under oath they were telling the truth. cbs news has learned key republicans will be neating tonight with kavanagh's confirmation hanging in the balance. we have a team of correspondents covering the senate judiciary committee hearings beginning with nancy cordes on the hill. >> reporter: 21 senators sat silently as professor christine blasey ford relayed what she says judge brett kavanagh and his friend mark judge did to her at a small gathering in 1982. >> i drank one beer. brett and mark were visibly

drunk. i was pushed from behind into a bedroom across from the bathroom. i couldn't see who pushed me. brett and mark came into the bedroom and locked the door behind them. i was pushed onto the bed and brett got on top of me. brett groped me and tried to take off my clothes. he had a hard time because he was very inebriated and because i a was wearing a one piece bathing suit underneath my clothing. i believed he was going to rape me. i tried to yell for help. when i did, brett put his hand over my mouth to stop me from yelling. it was hard for me to breathe, and i thought that brett was accidentally going to kill me. >> reporter: ford, a psychologist, sometimes relied on clinical terms to describe her experience. >> what is the strongest memory you have, strongest me havery of the incident, something that you

cannot forget? >> indelible in the hippocampus is the laughter, the uproarious laughter between the two and their having fun at my expense. >> reporter: the 11 republicans, all of them men, most of them lawyers themselves, ceded their time to an arizona prosecutor and sex crimes expert. >> my name is rachel mitchell. >> nice to meet you. >> she probed gently for gaps in ford's story. >> you said that you do not remember how you got home. is that correct? >> i do not remember. >> has anyone come forward to say to you, hey, remember, i was the one that drove you home? >> no. >> reporter: democrats repeatedly pointing out. >> you know you are not on trial. >> this is not a trial of dr. ford. it's a job interview for judge kavanagh. >> reporter: their questions took aim at the gop theory that this is a case of mistaken

identity. >> dr. ford, with what degree of certainty do you believe brett kavanagh assaulted y? >> 100%. >> 100%? >> reporter: ford said the trauma left lifelong damage. >> more specifically, claustrophobia, panic and that type of thing. >> reporter: which is why she initially sought to remain anonymous. >> i was calculating daily the risk/benefit for me of coming forward and wondering whether i would just be jumping in front of a train that was headed to where it was headed anyway, and that i would just be personally annihilated. >> how did you decide to come forward? >> reporter: ultimately because reporters were sitting outside of my home trying to talk to my dog through the window. >> reporter: after about four hours, a defiant judge kavanagh took her place. >> my family and my name have

been totally and permanently destroyed by vicious and false additional accusations. i was not at the party described by dr. ford. this confirmation process has become a national disgrace. since my nomination in july, there has been a frenzy on the left to come up with something, anything to block my confirmation. some of you were lying in wait and had it ready. this first allegation was held in secret for weeks by a democratic member of this committee and by staff. this whole two-week effort has been a calculated and orchestrated political hit. vote, but you'll never get me to quit. >> reporter: as he went on, his anger gave way to emotion. >> the other night, ashley and my daughter liza said their prayers and little liza, all 10

years old, said to ashley, we should pray for the woman. it's a lot of wisdom from a 10-year-old. we mean no ill will. >> reporter: he referred to the calendars he kept in 1982. >> so, let me emphasize this point. if the party described by dr. ford happened in the summer of 1982 on a weekend night, my calendar shows all but definitively that i was not there. >> reporter: the prosecutor, mitchell, questioned him, too. >> did you consume alcohol during your high school years? >> yes, we drank beer. i liked beer. still like beer. we drank beer. the drinking age as i noted was 18 so the scene yerz were legal. >> if you're very confident of your position and you appear t

be, why aren't you also asking the fbi to investigate these claims? >> senator, i'll do whatever the committee wants. i wanted a hearing the day after the allegation came up. i wanted to be here that day. >> reporter: republicans like lindsey graham came to kavanagh's defense. >> this is the most unethical sham since i've been in politics. and if you really wanted to know the truth, you sure as hell wouldn't have done what you've done to this guy. are you a gang rapist? >> no. >> to my republican colleagues, if you vote no, you're legitimatizing the most despicable thing i have seen in my time in politics. >> reporter: blasey ford insisted that politics had nothing to do with it. noting that she made her first anonymous tip before kavanagh was even nominated when he was still on the short list with several others. but republicans countered again

and again today, jeff, that it wademocratwho injected politics into this when they held on to

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>> announcer: this is the "cbs overnight news." >> in the end, inning the support of a handful of republican senators. tonight political correspondent ed o'keefe has new information about that.

>> i don't know how any republican can watching this testimony could possibly vote for brett kavanagh after what she said. >> reporter: democrats rallied around christine blasey ford casting her as a reputable and credible witness. >> she is powerful and credible, and i believe her. >> some republicans agreed. >> i found no reason to find her not credible. >> reporter: but others continue to sow doubts. >> to my republican colleagues, if you can ignore everything in this record, looking at an allegation that's 35 years old, that's uncertain in time, place, date and no corroboration, if that's enough for you, god help us all as republicans. >> reporter: south carolina's lindsey graham especially raised doubts about ford's credibility and whether her attorneys were politically motivated. >> the friends on the other side set it up to be just the way it is. >> senator -- >> i feel a.m. bushed as the majority -- >> reporter: the hearing brought

capitol hill to a stand still. staffers and offices in cafeterias watched spell bound for hours. at least 1200 protesters streamed into senate office buildings, mostly in support of ford. if every democrat votes against kavanagh, the gop can't afford to lose one of their own. the focus remains on at least five republicans who said they would withhold judgment until after the hearing, including tennessee's bob corker. >> i'm not going to give any impressions in the interim. i want to hear the whole testimony before i say anything. >> reporter: so what happens now? republicans are set to meet this hour here on capitol hill to discuss next steps. they will use that meeting to gauge support for kavanagh. as of now the senate judiciary committee is scheduled to vote tomorrow morning on kavanagh's nomination. if they do, the earliest the full senate would consider him is monday. but it bears repeating, jeff, in a chamber divided, 51 republicans, 49 demtz democrats. if all the democrats vote no,

republicans can afford to lose just one vote. >> and there are five republicans who have not said one way or the other which way they're going to vote. ed o'keefe, thanks very much. president trump said he would be watching the hearings and held open the possibility he might pull the nomination yesterday depending on what he saw today. he did watch and apparently from what we're hearing he liked what he saw. weijia jiang is at the white house with more reaction from there. weija? >> reporter: jeff, i want to get right to president trump's tweet he posted minutes ago. it is the first and only time he has chimed in about this hearing today, saying judge kavanagh showed america exactly why i nominated him. his testimony was powerful, honest and riveting. democrats search and destroy strategy is disgraceful and this process has been a total sham and effort to delay, obstruct and resist. the senate must vote. and you're right, all day white house officials say they were pleased with kavanagh's performance because he used such

a defiant and strong tone which is what they were waiting for after a recent performance on a news interview in which he was a much more mechanical and subdued kavanagh. and even though the president tweeted, he has not publicly spoken about the hearing. earlier today arriving back to washington from new york city where he spent the week, he ignored questions, but we can tell you he watched the hearing both aboard air force one and then here at the white house when he returned. and just yesterday he said he was very much looking forward to it and he could be persuaded to change his mind. but, jeff, tonight it seems like that did not happen. >> weijia jiang, thank you very much. we are going to turn now to jan crawford who covers the supreme court for cbs news. also rikki cleman, our legal analyst and cbs news correspondent bianna golodryga. the brett kavanagh we saw today is a lot different than the one we saw monday night. >> it was complete emotion, you saw anger, outrage, indignation,

and even almost kind of humiliation. i think when he got most kind of emotional is when he was talking about his parents, his children, his friends, people that he -- you could almost sense that he had -- felt he had let them down. he had tried so hard and now they were getting dragged through this and his name was getting dragged through this. it was full-on onslaught of emotion, which is what we saw with justice thomas back in 1991 and as the president said what he had hoped to see from judge kavanagh and of course this was a man who has been accused of something he said absolutely didn't happen. and so you would expect to see that kind of anger and outrage and that's what we saw. and that could very well, i think, have made the difference in what this day will hold. >> rikki, legally speaking what did you think of the strategy employed by both sides? >> well, i think that the republicans have their strategy together. they were cohesive. they went forward, understanding about how they were going to portray this in terms of it

being a democratic ploy, to be able to delay till after the mid terms. and they probably were very, very smart in the end, though i might not have thought so at the beginning of the day, to back off and have a prosecutor question dr. ford. not because the prosecutor was particularly effective, but it stopped them from being overbearing. and one of the things they chose was to let dr. ford be thought of as truthful, but mistaken. they did not go after her integrity. they did not go after her as a liar, so that she could come across in the sympathetic way that she did, and yet at the same time they could look to brett kavanagh to be able to say, i didn't do this, i never did this, this is a false accusation. it's a character assassination. and what has happened here has dramatically affected the life

of my family and me. >> bianna? >> regardless of what happens, we coined this as a tale of two hearings. you heard dr. ford this morning and a lot of republicans very nervous going into judge kavanagh's testimony. they probably feel they heard what they needed to hear, but regardless as to whether or not he is confirmed, we haven't heard the end of dr. ford and she will be a rallying cry for many women going forward, not only through the midterms, but in the years ahead as a symbol of a movement, the same way that anita hill was in 1991. >> jan, how does this differ? you covered the anita hill/clarence thomas hearing. you've done so much reporting on it. how was this different today, if at all? >> the big difference was who asked the questions. and i think that was the lesson from 1991 for the republican senators that they do not want to be seen cross-examining ford and back then it was a disaster in some ways -- >> with respect to questioning in particular?

>> yes. among others, absolutely. so that was a big difference. justice thomas, of course, was confirmed in a democratic senate. >> jan crawford, rikki cleman and bianna golodryga, good to have you here. coming up next, the search for a missing boy in north carolina leads to a tragic discovery. also ahead, some grim numbers as we enter another flu season. breathe freely fast, with vicks sinex. my congestion's gone.

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a search team in north carolina found a body today in a shallow creek. the remains are believed to be those of maddox ritch, a young boy with autism who disappeared last weekend. here's manuel bojorquez. >> reporter: the boy's body was found in a creek about a mile away from the gastonia, north carolina park where 6-year-old maddox ritch was reported missing last saturday. gastonia police chief robert

helton choked back tears. >> i'm heartbroken. our community is heartbroken. >> reporter: the fbi said the discovery does not end its investigation. what is your investigation looking to answer right now? >> effectively, where did he enter? how did he get there? what was the manner of death? what was the cause of death? was there any crime that was committed? or are we simply looking at an zme those are very difficult questions to answers but they are questions we'll answer. >> reporter: ian ritch told cbs news the boy ran after a jogger at the park. he said maddox who is autistic and nonverbal around strangers then disappeared. dozens of searchers spent almost a week scouring thousands of acres as hundreds of tips came in. steve early lives near the creek where the body was eventually found and had these words for maddox's parents.

>> we'll be praying for you. me and my wife is praying family. we be praying for you. >> reporter: investigators say they would still like to speak with anyone else who was at this park at the time of the disappearance. they do not believe the body flowed from the park's lake into that creek, but said there is a pathway maddox could have taken. jeff? >> all right, manuel in gastonia, north carolina for us, thank you. still ahead tonight, the sec slapped tesla ee monday musk with a lawsuit for securities fraud. many people living with diabetes

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federal regulators today sued elon musk for securities fraud and are seeking to remove him as ceo of tesla. this is over his august tweet during trading hours that he was considering taking the electric car maker private and had the funding secured to do so. the sec said musk never had any discussions without side investors. musk called the suit unjustified. in a statement he wrote, i have always taken action in the best interest of truth, transperron silver and investors. new figures released today show last winter's flu season was the worst in decades.

80,000 americans died including 180 children and 900,000 were admitted to hospitals, double the usual number. the cdc recommends a flu shot for everyone six months or older, less than half the population was vaccinated last season. we're going to be right back. >> announcer: this portion is sponsored by principal. investments, retirement, insurance.

all right. that is the cbs eerng news tonight. much more about this historic day ton our 24-hour streaming news cbsn. and first thing tomorrow on "cbs this morning". i'm jeff glor in washington. we leave you now with some of the most memorable images from this day. good night. ♪ ♪

it's friday, september 28th, 2018. this is the "cbs morning news." it was a hearing for the ages. now, supreme court nominee, brett kavanaugh's future hangs in the balance as a committee vote is scheduled for this morning. the search for a north carolina boy with autism ends with a gruesome discovery. >> miracle in micronesia. an airliner crash lands in a lagoon and everyone on board gets out alive. good morning from the studio 57