phillips, cbs news, in the south pacific. . doubling down. "empire" actor jussie smollett says he did not orchestrate an alleged attack against himself as police say the investigation has shifted. and vigils in illinois as the community copes with tranldy. two days after a man who had been fired from his job killed colleagues. what's next for president trump's plan to build a wall? and we'll end tonight with an underwater exploration. the search for an u.s. aircraft carrier that's been lost for 77 years. >> the fact you can find these ships is mind boggling.

>> good evening. "empire" actor jussie smollett is sticking to his story, claiming he was the victim of a racist homophobic assault. but two brothers are telling a story that's different from what smollett reported to police. >> reporter: a celebrated young actor. >> a friend that was assaulted and battered. he's rsupposed to be well-known -- >> reporter: but was it staged? authorities are now investigating that very question. four weeks after "empire" star, jussie smollett described a racist, homophobic attack. >> i see the attacker masked and he said this maga count country

punches me in the face. i note this is rope around my neck and i started screaming. saying there's a -- how do you not believe that? it's the truth. >> reporter: after divs arrested two nigerian brothers, identified as ola and ab abel osundario. they were released friday after the brothers told police they bought the rope at a nearby hardware store and participated in the attack at smollett's request. smollett also allegedly paid them. gloria smith is the brothers' attorney. >> i had it, obviously my clients had it. >> reporter: he has been angered and devastated by recent reports he played a role in his recent attack, adding nothing is

further from the truth. >> and chicago police say they have more investigative work and one was an extra on the show "empire" and the other was his attorney. earlier in the week said he would be forever changed by this incident. >> initial police were referring to smollett as the victim. >> now he's the vinyl who reported the case. >> that's interesting. we're learning new details about the five victims at the mass shooting west of chicago. as the community tries to heal, devastated family and friends are mourning the loss of loved ones who went to work and never came home. >> reporter: mourners prayed for the five people who lost their lives just going to work on friday. they gathered here at the henry pratt company where gary martin killed everyone in the room right after he was fired.

more than 200 officers responded. the gunman shot five. all but one have been released from the hospital. their identities are still not known. today we are learning more about the victims. student intern studying human resources. friday was his first day. he was sitting in on the suspect's termination meeting. a father of three. his neighbors say his family just moved. russell beyey, his father said he helped the suspect get rehired. parks was a human resource manager and recently became a father. vicentejuarez was not there. >> i called my dad, i called my dad. he went to the emergency room. do you have my dad? nope. he's never going to come home.

never. >> reporter: there are now five crosses outside henry pratt. they were made by aurora resident who founded crosses for losses. travels across the country delivering crosses and stars of david to mass shootings. s >> i can't leave. i'm part of it. that's what i don't like. >> reporter: in addition to the five lives lost, a sixth employee was shot three times and survived. we spoke to his mother this morning who said she was so releaved her son is alive. the company plans to open its doors tomorrow for any ewe had may want to come in to greave together. t man with the cross at the pulse night club shooting. amazing to see what's happening in his home town. defending trump's decision

on the sugt nch border. to circumvent congress because they refuse to give him all the money he wants. >> reporter: in mission, texas, where the government cleared space for border wall construxz, this demonstration against the emergency declaration amplified a single message. >> no border wall. >> reporter: it is one aspect of mounting resistance to friday's executive a. with more lawsuits planned from the aclu and the state of california. >> we're in uncharted territory. >> reporter: the only republican house member representing a southern border district is will herd of texas. >> there's over 1,000 ranchers and farmers impacted. i don't think we needed a national emergency deckler ayes. >> reporter: and he's worried

about where the money for a wall will come from. 3.6 billion can be redirected from the pentagon's construction projects which includes plans to build a middle school in kentucky. lindsey graham said it's a worthy exchange. >> i would say it's better for the middle school kids in kentucky to have a secure border. we'll get them the school we need but right now we've got national emergency on our hands. >> reporter: house democrats plan have a -- and a senior advisor was asked what the president would do if it does make it through congress? >> he's going to protect it guaranteed. >> reporter: patrick shanahan says he's not yet made a military determination on if a border wall is necessary. he was returning from a security conference in january. he will of course have the final say.

another defense official says any edetermination will be based on the d

this is the "cbs overnight news." as congress and the president continue to clash over border security strategy. we asked for a reality check on exactly what is going on at the border. >> reporter: these images of migrants that u.s./mexico border are exactly the ammo president trump has used to declare a national crisis. but a closer look at the actual data from the government's own figures, paints a different picture. in 2018 nearly 400,000 people were apprehended by border patrol at the southern border. that's a 76% decrease from the record 1.6 million back in 2000. and contrary to the president's

statements, the number of undocumented immigrants in the u.s. is at its lowest since 2004. >> we have tremendous amounts of drugs flowing into our country. much of it coming from the southern border. when you look and when you listen to politicians, in particular certain democrats, they say it all comes through the port of entree. it's wrong. it's just a lie. >> reporter: and according to customs and border protection, a vast majority of drug seizures actually do happen at legal crossing points. what has changed is the a dramatic increase in the number of families attempting to cross into the u.s. up by 42% in the lasts accordin border patrol. el paso mayor a republican just like the president says a wall is not a solution. >> we are a sovereign nation. we need protect our borders.

they help channel things. it will be technology, man power. state department spokesperson, heather nourd is withdrawing her consideration for the next ambassador. after nikki haley announced her resignation last year. she sited family reasons for her decision to withdrawal. but a quote nanny issue came up during her vetting and most likely would have been problematic during her congressional hearing. there is a big interview airing tonight on cbs in his first interview since being fired, andrew mccabe is speaking out on "60 minutes." he says why he opened up investigations involving president trump. >> i was speaking to the man who had just run for presidency and won the election for the presidency and who might have done so with the aid of the

government of russia. our most formidable adversary on the world stage and that was something that troubled me greatly. >> how long was it after that that you it decided to start the obstruction of justice and counterintelligence investigations involving the president? >> i think the next day i met with the team investigating the russia cases and i asked the team to go back and conduct an assessment to determine where are we with these efforts and what steps do we need to take going forward? i was very concerned i was able to put the russia case on absolutely solid ground in an indelible fashion that were i reassigned or fired, that that case could not be closed or vanish in the night without a trace. i wanted to make sure our case was on solid ground and if somebody came in and closed it

and tried to walk away, they would not be able to do it, without creating a record of that decision. >> you wanted a documentary record that those investigations had begun because you feared they would be made to go away? >> that's exactly right.

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welcome back. you know many americans are at risk of losing their primary mode of transper tase. now a new report showing 97 million drivers are behind on their car loan payments. >> reporter: she painfully remembers the day her car was repossessed. >> devastating. i was devastated. >> reporter: she fell months behind on hers wr husband a le to show up for his job. bankruptcy followed.

they eventually got their car back, n was implemented. >> if you don't have any money saved, yeah, you're screwed. you're out on the street or you're walking. >> reporter: according to the new york federal reserve there are now a million more people behind on payments by three m t munts there were in 2010 when delinquency rates were at their worst. a former obama white house official now at the university of chicago. he says evon for subprime high risk borrowers is a warning sign. >> is this a canary in a coal mine kind of thing? that when this happens go, oh, we got to watch this? >> in the category of hmmm, i don't know how you can see a number like that and think

everything is hun everything is hunky dory and we don't need to worry. >> reporter: just the kind of people that may find it hard to buy a car and pay off student loans at the same time. still ahead the biggest crack down in 25 years on dietary supplements taken by millions of americans. ♪ introducing new degree stay fresh. ultimate freshness... ...in new scents you'll love

new degree stay fresh with motionsense. degree, it won't let you down. that rocking chair would look grahh, new house, eh?e. well, you should definitely see how geico could help you save on homeowners insurance. nice tip. i'll give you two bucks for the chair. two?! that's a victorian antique! all right, how much for the recliner, then? wait wait... how did that get out here? that is definitely not for sale! is this a yard sale? if it's in the yard then it's... for sale. oh, here we go. geico. it's easy to switch and save on homeowners and renters insurance. so you don't have to stash antacids here.... here... or here. kick your antacid habit with prilosec otc.

one pill a day, 24 hours, zero heartburn. know what turns me on? my better half, hors d oeuvres and bubbly. and when i really want to take it up a notch we use k-y yours & mine. tingling for me, warming for him. wow! this valentine's day get what you want infda is cracking down on popular dietary supplements. some contain ingredients not approved and others claim to benefits that are

unsubstantiated. >> reporter: in a statement describing the fda rr's action, to supplement the products they're being illegally marketed because they claim to prevent, treat or cure aullzheimer's as well as diabetes and cancer. one claimed to have effectiveness against numerous deadly viruses. in the 25 years since the fda began regulating dietary supplements, they've become a $40 billion industry. gotlieb said he's concerned they've out paced the evolution of our own policies and our capacity to manage emerging risks. the trade group today applauded any effort to take what it calls bad actors out of the

marketplace. the counsel for responsible nutrition, steve mister. >> when you have companies that make unreasonable claims for their products, it hurts consumer confidence for all the legitimate products. >> while that industry group says it supports any crack down on bad actors, they won't support proposals for what it calls unwarranted regulatory burdens like approval required before new products hit the market. >> this is a good one. anchlts babea baby trapped was rescued thanks to inmates. they panicked because they mistakenly locked her in the suv. inmates who happened to be out of jail on work duty helped dallas's parents get the door open. we're happy to report baby

dallas, as cute as she is, is okay. how they're using the latest technology to solve deep sea mysteries of the past.

we're going to end with a trip in time. searching for a legendary u.s. war ship. >> reporter: rob craft, shipwreck hunter. he may have found something. >> you know you hate to throw it on the table. >> reporter: he's aboard the research vessel, petrol, searching for an american war that has been lost for 77 years. his tools, the latest technology. an underwater drone that scans the ocean floor, three and a half miles down. >> enemy planes scored several hits on the hornet. >> reporter: u.s.s. hornet was

involved in the battle for got lucanal. 140 of her crew were killed that day. the rest were ord oered to abandoned ship before she went it down. but where exactly? >> this is a needle in a haystack country e? >> yeah. >> reporter: they have to guess where to search, using the rough positions reported by others at the time. the drone resurfaces. its hours of recorded images show mile after mile of empty sea bed until -- >> on the top left. >> reporter: -- that looks suspiciously like a ship. to find out if it's the ship, they launch a remote control subwith live cameras. it dives 17,000 feet down through a dark strange world where a ghost ship emerges. >> this is it.

this is hornet. >> this is hornet. >> this is hornet. >> well done. >> the actual fact you can find these ships is mind boggling. >> reporter: an 18-year-old gunner on the ship that day. he's 95 now. we set up a video link from the ship to california so he could see the hornet again, even the gun he was on. >> reporter: does it seem like a familiar place? >> yes, it does. i used to sit on the right side of my gun. if you can get to my locker, there's 40 bucks in it. you can have it. >> reporter: discarded clothing, a wash kit. testaments to those who fought and died here. >> there are a lot of them and young guys. you realize that you can be a dead person. i want to thank you for honoring me. >> reporter: but it is those who

found the hornet who can are honored and a memorial, a lost grave now has a place. mark phillips, cbs news in the south pacific. ♪ this is the "cbs overnight news." welcome to the overnight news. in the cbs broadcast center in new york city. we're going to start with the stunning turn in the hate crime attack against jussie smollett. he's denying reports he played any role in staging his own assault. he says it happened last month in chicago. all this as the police say their investigation has shifted in a nerect as police questioned two brothers who were arrested as suspects and they ended up being released without being charged. >> reporter: a celebrated young actor. >> regarding a friend that was assaulted and battered.

>> reporter: a heinous crime but was it staged? authorities are now investigating that very question. four weeks after jussie smollett first described a racist homophobic attack that shocked the country. >> i mean i see the attacker masked and he said this maga country, punches me right in the face. >> reporter: and days after he went public with new details. >> i note this is rope around my neck and i started screaming and i said there's a. [ bleep] around my neck. >> reporter: he's quote pissed off that people didn't believe me. him. >> how do you not believe me e? it's the truth. >> reporter: two brothers identified as ola and able osundairo.

police found rope and bleach in their apartment. they bought the rope at a nearby hardware store and participated in the attack at smollett's request according to a police source. smollett also allegedly paid them. gloria smith their attorney. >> obviously my client's had it. >> reporter: he has been angered and devastated by recent reports he played a role in his own attack, adding nothing is further from the truth. and now chicago police say they have more investigative work to do. one was a extra on "empire" and the other was smollett's trainer. >> there's so moan ea twists and turns. originally they were referring to him as the victim. >> now he's the vinyl who reported the case. >> that's interesting.

we're learning new details about the five victims at a warehouse in illinois west with of chicago. as a community tries to heal, devastated family and friends are mourning the loss of loved ones who went to work and never came home. skblrks mourners prayed for the five people who lost their lives just going to work on friday. they gathered here at the henry pratt company where 45-year-old gary martin killed everyone with in the room right after he was fired. the gunman shot five, all but one have been released from the hospital. their identities are still not known. trevor wehner was his first day. he was sitting in on the termination meeting. josh pinkard just moved 23ru78 alabama last year.

beyer mat. he had helped the suspect get rehired. clayton parks had recently become a father. vicente juarez was likely not at the meeting. >> i called my dad, i called my dad. he wouldn't answer. i went to the emergency room. do you have my dad? nope. he's never going to come home. never. >> reporter: are now five crosses outside henry pratt. they were made by aurora resident who founded crosses for losses. dennis travels across the country delivering crosses and stars of david at mass shootings like in parkland and loss vaguess. what's it like to have it here at home? >> when it happens here at my that's what i don't like.arder.

>> reporter: in addition to the five lives lost, a sixth employee quasi-shot three times and survived. we spoke to his mother who said she was so relieved her son is alive. the company plans to opens doors tomorrow for any employees who may want to come in and greave together. >> the man with the cross was actually in florida at the pulse night club shooting. amazing to see the scene in his own otown. mr. trump declared the national emergency on friday to circumvent congress because they refuse to give lim the money he wants for a border wall. >> reporter: in missions, texas, this demonstration against president trump's emergencyleration amplified a single message. it is one aspect of mounting

resistance to friday's executive action. texas land owners are among plaintiffs in one lawsuit against president trump's decision, with more lawsuits planned from the aclu and the state of california. >> year in uncharted territory. >> reporter: the only republican house member representing a southern border district is it william hurd of texas. >> i don't think we needed a national emergency declaration. >> reporter: he's also worried where the money for a wall would come from. the executive action, $3.6 million can be redirected from the pentagon's construction projects which includes plans to build a it middle school in kentucky. lindsey graham said it's a worthy exchange. >> i would say it's better for the middle schoodsn kidi tecbo. we'll get t tch theyow we national emergency on our hands.

>> reporter: they plan to pass a measure but unclear if it would pass the senate. and when asked what he would do if it makes it through congress? >> he's going to protect his emergency guaranteed. >> reporter: and shanahan has not yet made a de2r78ination on if a border wall is necessary. he says he will start digging in to the details today. he will of skrors the final say. another defense official says any determination will be based on the data. >> with the president in mar log aeo tonight.

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>> reporter: this is the "cbs overnight news." a bomb shell "60 minutes" interview with andrew mccabe is likely to take center stage on capitol hill. he says they discussed using the 25th amendment to remove the president from office. he says the possibility was brought up during deputy attorney general rod rosenstein, shortly after the president fired fbi director, james comey. lindsey graham called the allegation beyond stunning. graham is promising congressional hearings to quote get to the bottom of it. >> good reporting by "60

minutes." there's an allegation by the acting fbi director that time that the deputy attorney general was basically trying to take the president down to the 25th amendment process, the deputy attorney general denies it. so i promise your viewers that we will have a hearing about who's telling the truth, what actually happened. >> mccabe says he ord investigations into mr. trump the night comey was fired. >> i'd never been to a meeting in the oval office before. i'm a career fbi agent, government worker. >> reporter: ooval office was above your pay grade? >> it surcertainly was. >> and he went with on an almost gleeful position of what went on with infiring of comey and that people disliked jim comey and they were very happy about this

and it was a great thing. >> reporter: he was telling you what the reaction was inside the fbi? >> he was. it was very different from the reaction i had seen before i went to the white house. >> reporter: which was what? >> people were shocked. we lost our leader. a person who was liked and respected by the vast majority of fbi employees. people were sad. what i was hearing from the president was not reality. it was the version of the events that i quickly realized he wished me to adopt. as he went on talking about how happy people in the fbi were he said i heard you were part of the resistance. >> reporter: what did he mean by that? >> i didn't know. so i asked him. he said i heard you didn't agree

with comey and the decisions he made in the clinton case. and he said is that true? said no, sir, i was part of the team and the decisions. >> reporter: did row have a sense you had given him the wrong answer? >> i wasn't willing to lie to keep it. i didn't know when i would be out of the job and figured it would be pretty soon, so i got to work trying to do the things i felt we eneed dood with the russia investigation, getting cases open and a special counsel appointed. >> reporter: mccabe says he ordered two investigations of the president himself. they asked two questions. one, did mr. trump fire comey to impede the investigation into whether russia interfere would the election? and two, if so was mr. trump acting on behalf of the russian

government? >> that i was speaking to the man who had just run for the presidency and won the election for the presidency and who might have done so with the aid of the government of russia, our most formidable adversary on the world stage. and that was something that troubled me greatly. >> reporter: how long was it after that, that you decided to start the obstruction of justice and counterintelligence investigations involving the president? >> i think the next day i met with the team investigating the russia cases and i asked the team to go back and conduct an assessment to determine where are we with these efforts? and what steps do we need take going forward? i was very concerned that i was able to put the russia case on absolutely solid ground in an indelible fashion that were i removed or reassigned or fired,

that the case could not be closed or vanish in the night without a trace. >> you wanted a documentary record that those investigations had begun because you feared that they would be made to go away? >> that's exactly right. >> reporter: mccabe says the basis for both investigations was in mr. trump's own statements. first, mr. trump had asked fbi director comey to drop the investigation of national security advisor michael flynn. who has since pleaded guilty to lying to the fbi about his russian contacts. then to justify firing comey, mr. trump asked his deputy attorney general, rod st tsons comeyehadte a memo to go andccordi tomcca, se. trump mat m a a teractions with the president

who seemed very focussed on firing the director and saying things like make sure you put russia in your memo. that concerned rod in the same way it concerned me and the fbi investigators on the russia case. >> reporter: if deputy attorn general rosenstein listed that, it could look like he was influencing the russia probe and by implication would give the president cover. he didn't want to put russia in the memo? >> no, he explauned he dud not need put russia in the memo. he said i understand that and i'm asking you to put russia in the memo anyway. >> reporter: russia was not in it but mr. trump made the connection anyway, telling nbc, then russian diplomats that the russian investigation was among the reasons he fired come a.

>> there water numbere a numbers to make us believe that we had adequate reason and facts to open things have. he had been speaking in a derogatory way about our investigative efforts for weeks. >> russia is a ruse. haven't made a phone call to russia in years. >> publicly undermining the effort of the investigation. the president went to jim comey and specifically asked him to discontinue the investigation of mike flynn, which was a part of our russia case. the president then fired the director. in the firing of the director, the president specifically asked rod rosenstein to write the memo and told rod to include russia in the memo. rod did not do that. then president made those public comments you referenced, both on

nbc and russians which was captioned in the oval office. involved in obstruction of justice in the firing of jim comey. >> reporter: what was it specifically that caused you to launch the counterintelligence investigation? >> it'smany of those same concerns that cause us to be concerned about ain national security threat and the idea is if the president committed obstruction of justices, fired the director of the fbi to negatively impact or shut down our investigation of russia's malign activity and possibly unsupport of his campaign, as counterintelligence investigator, you have to ask yourself why wad president of the united states do that? so all those same sorts of facts cause us to wonder is there an

inappropriate relationship, a connection between this president and our most fearsome enemy, the government of russia. >> reporter: are you saying that president is in league with the russians? >> i'm sawing the fbi had reason to investigate that. the existence of an investigation is not the same as guilt a e. >> when you decided to launch the twoings haves, was the deputy attorney general, rod rosenstein, on board with that? >> absolutely. >> more after a short break.

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senate judiciary chairman, lindsey graham says he will open an investigation. in an interview that aired last night on "60 minutes" mccabe says they discussed the 25th amendment to are move the president from office. here is more with the conversation he had. >> discussion was simply rod rauzed the issue and discussed it with me in the context of thinking about how many other

cabinet officials might support such an effort. i didn't have much to contribute to be pufferfectly honest in th conversation. so i listened to what he had to say. but to be fair, it was an unbelievably stressful time. i can't describe to you how many things must have been course through the deputy attorney general's mind at that time. he threw out in a very frenzied, chaotic conversation about where we were and what to do next. >> reporter: what seemed to be coursing through his mind was getting rid of the president of the united states one way or another. >> i can't confirm that but what i can say is that the depute attorney general was concerned about the president, his capacity and his intent at that point in time. >> reporter: how did he bring up the idea of the 25th amendment to you? >> honestly i don't remember.

it was just another kind of topic that he jumped to in the midst of a wide ranging conversation. >> reporter: seriously? just another topic? >> yeah. >> reporter: did you counsel him on that? >> i didn't. he was discussing other cabinet members and whether or not people would support such an idea, whether or not other cabinet members would -- shared his belief that the president was -- was really concerning. was concerning rod at that time. >> rosenstein was actually openly talking about whether there was a majority of the cabinet who would vote to remove the president? >> that's correct. counting votes. or possible votes. >> reporter: did he assign specific votes to specific people? >> no, not that i recall. >> reporter: as you're sitting in the meeting talking about removing the president of the

united states, you were thinking about what? >> how did i get

we're going to end with a voyage to the bottom of the sea. searching for a legendary u.s. war ship. >> reporter: rob craft, shipwreck hunter. he may have found something. >> you hate to 3 it out on the table. >> reporter: he's aboard the research vessel, hundreds of miles from anywhere in the south pacific, searching for an american war grave that's been lost for 77 years. his tools, the latest tech naul. an underwater drone that scans the ocean floor, three and a half miles down. >> enemy planes scored several hits on thornet.

>> reporter: involved in the 1942 battle for it guadel canal. the rest weordered to abandoned ship before she went down. >> this is a needle in the haystack country. >> reporter: rob and the crew have to guess where to search, using the rough positions recorded by other ships at the time. the drone resurfaces. miles after miles of empty sea bed until. >> your top left. >> reporter: that looks suspiciously like a ship. to find out if it's the ship, they launch another tool, a remote controlled subwith live cameras. it dives 17,000 feet down through a dark world where a

ghost shipmerges. >> the actual fact you can find these ships is mind boggle. >> reporter: an 18-year-old gunner on the hornet that day. he's 95 now. we set up a video link from the ship to california so he could see the hornet again, even the gun he was on. does it seem like a familiar place? >> yes t does. i used to stand on the right side of that gun. if you go down to my locker. there's 40 bucks in it you can have it. >> reporter: the hanger deck, discarded clothing, a wash kit. testaments to those that fought and died here. >> a lot of them. and young guys. you realize you could be a dead person, you know. i want to thank you for honoring me.

>> reporter: but it's those who found th d the hornetho were honored. honored. and a memorial. captioning funded by cbs captioning funded by cbs it's monday, february 18th, 2019. this is the "cbs morning news." bombshell interview. former fbi deputy director andrew mccabe tells all to "60 minutes." president trump declares a national emergency at the border, but several states could still block billions of dollars to build a wall. and a double blast of wintry weather this week. more freezing temperatures and snow from coast to coast. ♪