and for th morng news and of join us for kpix 5 news this morning... beginning at 4:30. course "cbs this morning." good morning. good morning. it's tuesday, february 19th, 2019. this is the "cbs morning news". president trump's emergency declaration may have hit a wall. 16 states are suing, but the president says he's more than ready for the fight. the latest twist in the jussie smollett case. two brothers say the actor orchestrated the alleged attack, the evidence found inside their apartment. and mega storm warning. here's a look at today's scientists say a rare storm forecast in some cities around could bring rain of biblical the country. proportions to los angeles and the country. send more than a million people nning.

good morning from the studio 57 newsroom at cbs news a memorable figure from headquarters here in new york. good to be with you. world war ii has died. the sailor seen in this famous i'm anne-marie green. 16 states are suing president 1945 photo in new york's times trump over his declared national square kissing stranger died in emergency to build a border wall saying that it is rhode island on sunday. 67 years later he was identified unconstitutional. protests have erupted from coast as george mendonsa. to coast as the white house he grabbed the woman and kissed defends the controversial move, her during celebrations marking and marc liverman is here in new japan's surrender. york with more on this. she was later identified as a dental assistant named greta marc, good morning. >> good morning anne-marie. the number of legal challenges zimmer. george mendonsa was 95. the emergency order faces seems and more than a dozen people to be growing by the day. had to be rescued last night the president continues to push after being trapped in five back. he says if he has to he's going different gondolas over frigid to take his border wall fight waters in san diego. all the way to the supreme 16 people were trapped for several hours on seaworld's bay court. from santa barbara to south bend side sky ride over mission bay. high winds tripped a circuit and other cities. >> we've got to keep fighting breaker. lifeguards were positioned in against this emergency! the water below during the rescue. and coming up only on "cbs >> president trump's plan to bypass congress to build a border wall brought out this morning" norah o'donnell protesters monday.

>> again, there's no emergency. talks with priscilla chan about the president himself admitted it last week when he says i an innovative program that is didn't need to do it. trying to breck the cycle of mass incarceration. i'd just rather do it faster. >> during friday's emergency i'm anne-marie green. declaration, the president this is the "cbs morning news." predicted lawsuits would follow. >> sadly, it will go through a this is the "cbs morning news." process and happily we'll win, i think. >> monday california and more than a dozen other states filed a suit to block the move. >> the president is overreaching. he's going beyond his executive powers, and he's doing this knowing full well that there is no emergency crisis at the prestige creams not living up to the hype? one jar shatters the competition. border. >> the president's emergency olay regenerist hydrates skin better than creams declaration is intended to costing over $100, $200, and even $400. secure billions in funding for fact check this ad in good housekeeping. the wall by diverting the money from defense and other departments. >> money that could be spend on olay. taking care of veterans. money that could be spent on we know that when you're spending time with the grandkids every minute counts. educating america, money that and you don't have time for a cracked windshield. could be spent on an infrastructure that would really that's why we show you exactly when we'll be there. make america better. >> the white house plans to saving you time, so you can keep saving the world. challenge the notion that the emergency declaration is >> kids: ♪ safelite repair, safelite replace ♪ unconstitutional. >> the president can't defend mucinex cold & flu all-in-one. fights...

this country, then he cannot ...sore throat, fever, cough, sinus pressure, fulfill his constitutional oath of office. chest congestion, headache, >> president trump vowed last nasal congestion, body pain... week to take his fight to the all in one. did you really need the caps lock? supreme court. >> the house and senate can pass get tough on cold and flu symptoms. a joint resolution aimed at repealing the emergency declaration, but the president's aides say he'll veto that resolution. it would be the first official veto of his presidency. anne-marie. >> marc liverman here in new york. thanks a lot. another undocumented immigrant has died in border patrol custody. he's the third to die in the agency's custody since december. a 45-year-old mexican man died yesterday in a texas hospital. he was detained february 2nd by border patrol for illegal reentry. his death comes after two guatemalan children died in custody in december. deputy attorney general rod rosenstein is expected to leave his post in mid-march. rosenstein held the position for almost two years. he oversaw special counsel

robert mueller's investigation. his departure was expected following the confirmation of william barr as attorney general next week. ahead on "cbs this morning" mucinex cold and flu all-in-one. an interview with vermont senator bernie sanders. there's a new development in the investigation into the alleged attack against actor jussie smollett. two brothers who were arrested, . our top stories this morning, 16 states are then released are now talking. 16 states are suing dean reynolds has more. president trump over his declared national emergency to build a border wall saying it is cbs news has been told two brothers captured on unconstitutional. surveillance tape in the area of mr. trump is trying to bypass congress and secure billions in the alleged assault have now funding for the wall. admitted their roles in the protests have erupted nationwide january 29th incident, but more as the white house defends the important they say jussie controversial move. and new developments in the smollett put them up to it and investigation into the alleged paid them to attack him. attack against actor jussie the pair were arrested last smollett. sources tell cbs news the two week, interrogated and released. brothers who were arrested and released claim smollett a parallel investigation into a orchestrated the alleged letter threatening the actor a assault. smollett denies their claims and week before the assault is says he is being victimized a growing in significance. that's because a raid of the second time. brothers' apartment last week and now to the high cost of

yielded among other items a health care. nearly 60% of bankruptcies in magazine. it was characters clipped from a magazine that spelled out part this country are caused in part by medical bills. of the threat to smollett, and mireya villarreal looks at a new program in texas that's helping cbs news affiliate wbbm says patients with their expenses. multiple sources confirm >> when stacey shapiro, a first smollett was upset that the letter incident did not grab grade teacher woke up last march enough attention, so he dizzy and out of breath, she orchestrated the attack a week knew something was wrong. >> i got real hot and started later. >> look at my dad, that's a real sweating just profusely. artist. >> smollett says he was beaten i got very nauseous. i got up, and then i passed out. by race baited homophobes >> reporter: the nearest hospital was out of her yelling this is maga country who insurance network but she knew the fine print in her policy. dragged a rope around his neck. >> i remember reading that in the brothers told police case of emergency you go to the nearest hospital. smollett told them to buy the >> reporter: the diagnosis low rope, which they did at this blood sugar, the real shock the bill for medications and testing store. smollett says he is being victimized a second time by the in a three-hour er visit. doubters. >> how much did that visit cost >> it feels like if i had said you? >> $6,720. it was a muslim or a mexican or >> stacey pogue is a consumer health advocate. someone black, i feel like the >> one in every five patients th hier, it's doubters would have supported me a lot much more. a lot more. one in three. >> reporter: nine months after >> the police are very publicly

paying her deductible and copay, requesting another interview with smollett and are now longer shapiro contacted the mediation hot line, it's a program unique calling him a victim. to texas. now he is merely the individual the texas department of who reported the incident dean insurance sets up mediations reynolds, cbs news, chicago. between insurance companies and out of network hospitals to patrick frazee, the colorado resolve surprise medical bills. man accused of killing his within weeks shapiro's bill was fiancee is due in court this surprisingly settled. morning. new information about a possible >> there had been a contractual motive may be revealed. adjustment making my bill go police suspect that 32 frazee from $5,469 to zero. >> that quickly? >> that quickly. killed 29-year-old kelsey berreth on thanksgiving day, and >> reporter: last year the berreth's parents allege in a program negotiated $9.7 million civil complaint that frazee killed berreth because she refused to give them custody of worth of bills saving patients their 1-year-old body. $8.4 million in medical berreth's body has not been expenses. found. 8,000 texans are expected to use organizers of a highly the program this year. anticipated vatican summit this >> 8,000 is a tiny share of the week on preventing sexual abuse say this could be a turning number of texans who get su mediclls. point in a crisis that has >> how many are we talking? consumed the catholic church, >> a quarter million texans g et but the pope is warning a surprise medical bill over a expectations should be kept in two-year period in texas. check. seth doane reports from rome. >> i'm so thankful this is over, but i don't want other teachers to have to go through what i'm >> reporter: pope francis called more than 100 bishops from going through. around the world to discuss how >> mireya villarreal cbs news, to protect minors, and this

austin, texas. coming up only on cbs this weekend the vatican sent a signal by imposing its highest morning, norah o'donnell talks with priscilla chan about an punishment defrocking former cardinal theodore mccarrick found guilty of sexually abusing innovative program that is a child. trying to break the cycle of he's the most senior catholic mass incarceration. plus, americans are worried figure to be defrocked in modern about being overweight, but are times. organizers said the summit will not doing enough about it. focus on responsibility, we'll talk with nutritionist accountability, and samantha helder about simple transparency. strategies to help you drop the pope will take part. those pounds. and a look at how the catholic church is facing but the pontiff himself said growing calls to address the expectations had been inflated. >> the church has been putting plight of children born to so much attention on this priests. that's the "cbs morning news" for this tuesday. summit. how was it to hear the holy thanks for watching. i'm anne-marie green. have a great day. father say expectations should be deflated is this. >> the higher the expectation the greater the frustration. if somebody thinks that we're going to solve all the problems in three days, that is not a good expectation because it's going to be frustrating. >> i wonder what of substance is really going to come out of this summit. >> reporter: phil saviano was abused by his priest in

massachusetts in the 1960s. he was later portrayed in the oscar-winning hollywood movie "spotlight." >> i was 11 and i was preyed upon by father david holly in worcester. >> saviano is one of ten abuse survivors skencheduled to meet h organizers on the eve of the summit. >> i've been talking about this since 1992, and it's a little disappointing that the progress is so slow. >> reporter: church leaders hope this summit will mark a turning point for the church, but critics question if it's just public relations. seth doane, cbs news, rome. coming up on the morning news, quick sand rescue. a hiker trapped for hours is pulled to safety. and hair stylets, new york city bans discrimination live from the cbs bay area studios, this is kpix 5 news . based on hair. we start off with a live this is the "cbs morning news." ng news." look outside. that's why there's otezla. in this picture, the giants otezla is not a cream.

manager bruce both g said he is it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. done. we have more on that coming up. it is tuesday, february 19. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. i am kenny choi . otezla is associated with an increased risk of depression. >> i am anne makovec . tell your doctor if you have a history of depression it is a cold start to the or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. day with frosty conditions in spots with some people saying there is frost on the your doctor should monitor your weight and may stop treatment. windshield so be prepared. upper respiratory tract infection and headache may occur. tell your doctor about your medicines, check out this live look over san jose. and if you're pregnant or planning to be. it is cold to start today so ready to treat differently with a pill? otezla. show more of you. bundle up. concord at 35, oakland at 40, 29 in livermore with subfreezing conditions. san francisco at 46 with mid 30s in san jose. it is freezing in santa rosa. when we check on other ready to treat differently with a pill? i had this chest cold, but my medicine kept wearing off. locations, 37 in fairfield, 35 (coughs) ah! i missed you! in napa, 36 in ohio with 33 then i discovered mucinex.

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. 5, 4, 3. >> a dramatic rescue after a hiker got stuck in quick sand for hours at zion national park in utah. the arizona man and a woman were hiking on saturday when the man's leg got stuck in knee-deep quick sand. she couldn't free him. it took her three hours to find an area with cell phone service where she called 911. it took rescuers two hours to free the hiker, but everyone had to spend the night when four inches of additional snow fell. a helicopter pulled the hiker out the next day, and he and his friend were treated for hypotherm hypothermia. new york city is banning discrimination based on hair, and teachers head to the picket lines in west virginia. those are some of the headlines on the morning news gazelle-mai reports west virginia teachers are set to go on strike today. union leaders are calling for the strike over an education bill they say lack their input. they also say the bill is retaliation for a nine-day

walkout last year. it calls for the creation of the state's first charter schools. the unions believe charter schools will erode traditional public schools. proponents say it would give parents more school choices. the los angeles times reports scientists fear california may be due for a rare mega storm. it could dump enough rain to overwhelm a key dam and flood dozens of cities. they say the storm could last for weeks, and might cause the flood control dam on the san gabriel river outside of los angeles to fail. experts say that could unleash flood waters from picot rivera to long beach sending more than a million people fleeing. the army corps of engineers is seeking up to $600 million in federal funding to upgrade the aging dam. "the washington post" looks at possibly the only town in america that wants a new civil war memorial. most of the city council in s c a plan to build a 90 foot wide memorial depicting both sides of

the civil war. it would include portraits of key figures including president lincoln and his assassin john wilkes booth. the proposed sku-- officials sa the memorial would attract tourists to the smoall town. the "new york times" reports new york city is banning discrimination based on hair. new guidelines gives legal recourse to people who are harassed, threatened, punished, demoted or fired because of their hair texture or style. the guidance specifically warnings employers they could face legal action for banning hair styles associated with black people. if that happens, it will be now considered racial discrimination. >> about time the city is recognizing that they shouldn't discriminate based on the texture, the style of what you like. your hair is your hair. >> the new guidelines are believed to be the a other were badly injured in an attack at a

farm near the louisville zoo. the owners of the llama farm discovered the gruesome scene yesterday morning. most of the animals were found with bite marks. officials say it appears the llamas were attacked by a large animal. louisville officials are investigating. still ahead, helmet controversy, a lacrosse player is forced to sit on the sidelines because of head gear issues. essential for pine trees, but maybe not for people with rheumatoid arthritis. because there are options. like an "unjection™". xeljanz xr. a once-daily pill for adults with moderate to severe ra for whom methotrexate did not work well enough. xeljanz xr can reduce pain, swelling and further joint damage, evability to fight infections,r including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma have happened. as have tears in the stomach or intestines, serious allergic reactions, low blood cell counts, higher liver tests and cholesterol levels. don't start xeljanz xr if you have an infection.

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here's a look at today's forecast in some cities around the country. a massachusetts college a massachusetts college lacrosse goalie might be sitting out his team's opening game this season for an unusual reason, his head is too big. alex chu has been sidelined because the standard lacrosse college helmet is too small for his head. he had a special helmet in high school, but it isn't certified for college use. a helmet maker is sending him a new helmet, but he might miss tomorrow's opening. either way he says he still feels part of the team. >> knowing i can be there for my friends and everyone i look up to and they like treat me well means a lot. >> several companies sent chu bigger helmets over the fall, but none of them fit.

on the cbs money watch now, there are new questions for southwest airlines and a cereal recall. diane king hall is at the new york stock exchange with that and more. good morning. >> good morning anne-marie. asian markets are mixed ahead of a new round of u.s./china trade talks kicking off in washington today. wall street futures are mixed after finishing last week in positive territory. u.s. markets were closed yesterday in observance of presidents' day. on friday the dow rallied 443 points. the s&p 500 rose 29 and the nasdaq added 45. the federal aviation administration is investigating southwest airlines over baggage weight discrepancies. air safety regulators are probing the airline for widespread miscalculations of ba loade oan.rky earof checked ago and no fines have been imposed.

southwest says it will begin new baggage counts procedures by the end of this year. nature's path brand is recalling several varieties of cereal that contain undeclared gluten. choco chimps, gorilla munch and jungle munch cereals are affected. people who have a wheat allergy, celiac disease or sensitivity to gluten and wheat should not consume the affected products. the fda website lists the best before dates that are listed on the recalled products. new zealand is planning to impose a new tax to target online heavy weights like google, facebook, and amazon. new zealand's prime minister said yesterday highly digitized companies currently earn significant income from consumers without being liable for income tax. e w tax is likely to be 2 or aa year.nde also implemented or announced plans for a digital tax. amazon says it's aiming to

make half of its shipments carbon neutral by 2030. the e-commerce giant says it's trying to cut its carbon footprint for the millions of packages it ships each year. the initiative will include using renewable energy such as solar power and delivering packages in electric vans. >> now i can feel less guilty shopping. thank you. diane king hall at the new york stock exchange. still to come, sealing his place in history, we remember the sailor in an iconic times square photo. iconic times square photo. add up the years. but what i do count on, is staying happy and healthy. so, i add protein, vitamins and minerals to my diet with boost®. boost® high protein nutritional drink has 20 grams of protein, along with 26 essential vitamins and minerals your body needs. all with guaranteed great taste. the upside- i'm just getting started. boost® high protein

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