captioning sponsored by cbs ♪ >> brennan: on the "cbs evening news" this thursday, a cbs news exclusive with attorney general william barr. why he says special counsel robert mueller could have reached a decision on whether the president obstructed justice. >> i personally felt he could have reached a decision. >> you have concerns about how they conducted the investigation? >> sometimes people can convince themselves that what they're doing is in the higher interest, the better good. >> the number of measles cases across the united states has just broken the record. >> the c.d.c. is reporting 971 cases in 2019. >> a cbs news investigation reveals migrant families are still being separated at the border. >> the white house asked the navy to keep the "u.s.s. john mccain" "out of sight during the president's trip to japan."

>> i didn't know anything about it. i would never have done that. >> oh, look out, people. >> brennan: and calls for new protection for fans as a foul ball strikes a little girl. >> prayers right now. that's all i really can control. >> brennan: good evening. i'm margaret brennan. this is our western edition. we begin tonight with a cbs news exclusive. in an interview set to air on "cbs this morning," attorney general william barr speaks out on a number of contentious issues. chief legal correspondent jan crawford started by asking barr if he thought special counsel robert mueller could have reached a decision and conclusion about whether president trump obstructed justice. mueller pointedly declined to exonerate the president. >> i personally felt he could have reached a decision. >> reporter: in your view, he could have reached a conclusion? >> right, he could have reached a conclusion. >> reporter: well, he seemed to suggest yesterday there was another venue for this, and that was congress. >> well, i'm not sure what he was suggesting, but the

use our powers of investigating crimes as an adjunct to congress. >> good morning, everybody. >> reporter: before leaving for colorado, president trump dismissed any suggestion of house democrats launching impeachment proceedings. >> i never thought that would even be possible to be using that word. to me it's a dirty word, the word "impeach," it's a dirty, filthy, disgusting word. >> reporter: he also attacked special counsel robert mueller. >> i think he's a total conflicted person. i think mueller is a true never trumper. he's somebody that dislikes donald trump. >> reporter: the president contends intelligence officials from the obama administration illegally surveilled his campaign and barr agrees there was spying. you've gotten some criticism for using that word. >> yeah, i guess it's become a dirty word somehow. it has never been for me. i think there's nothing wrong with spying. the question is always whether it's authorized by law and properly predicated. and if it is, then it's an

important tool the united states has to protect the country. >> i think in the end i will consider what's happening now to be one of my greatest achievements, exposing this corruption. >> reporter: barr has launched a new investigation into whether the surveillance was appropriate, possible bias among senior justice department officials who worked on it. president trump believes some committed treason. you don't think they committed treason? >> not in a legal manner. >> reporter: but you have concerns about how they conducted the investigation? >> yes, but, you know, sometimes people can convince themselves that what they're doing is in the higher interest, the better good. they don't realize that what they're doing is really antithetical to the democratic system we have. >> brennan: jan, what did barr mean by that? >> reporter: well, i mean, he went on to say that the concern is that officials can kind of start to see themselves as guardians of the government, that they know better than everyone else, and so they can

justify doing things that even if out of bounds are for the good of the country. they may see facts through a biased lens and not even realize it. and margaret, that's why he said it's so important that law enforcement agencies, intelligence agencies, when they're doing investigations, that they follow their rules and standards and procedures and why it's important that afterward there be some kind of review to make sure that government power was used properly. >> brennan: jan crawford, thank you very much. there will be much more of jan's interview with attorney general william barr tomorrow on "cbs this morning." there is breaking news tonight, so let's get to the details of this developing story. >> reporter: in a tweet this evening, president trump announced that beginning on june 10th his administration will impose a five percent tariff on all goods coming to the u.s. from mexico. a white house statement released cites mexico's passive cooperation in allowing hundreds of thousands of people to come

through mexico and enter the u.s. illegally. the white house says the tariffs will increase every month that the illegal migration crisis persists from 10% in july up to 25% in october. mexico calls it disastrous and is vowing to retaliate. tonight's announcement comes as the president has already imposed 25% tariffs on hundreds of billions of dollars on chinese goods. and american companies and consumers have borne the cost for almost all of it. ben tracy, cbs news, washington. >> brennan: singer r. kelly was charged today with 11 new counts of sexual assault and abuse. he was charged back in february with sexually assaulting four women. these new charges, some punishable by up to 30 years, involve one of those women. jericka duncan has this update. >> reporter: r&b singer r. kelly has been hit with 11 new counts of sexual abuse. the new charges against kelly stem from the sexual abuse of jerhonda pace, then a minor, that allegedly took place in 2010. pace told her story of alleged

abuse in a docuseries called "surviving r. kelly." >> i had to let him know if i was going to brush my teeth. if i wanted to take a shower i had to let him know. >> reporter: the new charges include aggravated criminal sexual assault and abuse. kelly's attorneys say the new charges have to do with kelly allegedly choking pace and then forcing her to perform oral sex on him on several occasions. in february, the 52-year-old singer turned himself in to chicago police after he was charged with ten counts of sexual abuse in cook county. four women, including pace and two others, were underage at the time. >> this is not me, y'all! i'm fighting for my [bleeped] life! >> reporter: in a tearful and sometimes combative interview with "cbs this morning" anchor gayle king, kelly said the allegations against him were all lies. >> have you ever had sex with anyone under the age of 17? >> no. >> reporter: never? >> no. >> reporter: but cook county prosecutors say they have video and d.n.a. evidence to support the february case.

kelly is due back in court next thursday. his attorneys say these latest charges are basically an extension of that february case. and margaret, they also say that kelly continues to deny any wrongdoing. >> brennan: all right. jericka duncan, thank you. the u.s. has set a new record for measles cases since the disease was declared eliminated in this country at the turn of the century. the c.d.c. says at least 971 cases have been confirmed so far this year. that's surpassing the 1994 total of 963. don dahler has more on this. >> reporter: measles is one of the most contagious viruses known to man, but the vaccine developed to fight it is one of the most effective, yet we've seen the most cases in 27 years. new york continues to be the epicenter of the outbreaks, largely in orthodox jewish communities that have low vaccination rates. 700 people theavn with the disease this year.

the c.d.c. blames in part anti- vaccination efforts. >> those outbreaks have been hard to get ahead of, part of the reason for that is that misinformation has been spread in those communities for several years. >> reporter: with the end of the school year, c.d.c. fears outbreaks may be far from over. the danger: undervaccinated travelers. >> we're worried about summer travel. we're worried about kids going to summer camps, especially in upstate new york. >> reporter: measles was declared eliminated in the u.s. in 2000, but the c.d.c. warned today that by the fall we might lose that hard-fought status. don dahler, cbs news, new york. >> brennan: president trump said today he had nothing to do with an effort to keep the warship the "u.s.s. john mccain" out of sight during his visit to japan last weekend, but the president said whoever made the request was "well meaning." here's ben tracy. >> reporter: when president

trump spoke to 1,000 sailors y,om the u.s. seventh fleet in japan tuesday, the crew of at least one ship was not there. the "u.s.s. john s. mccain," named for the late arizona senator and his father and grandfather, who were navy admirals. the navy gave the mccain crew the day off, and the white house wanted the ship moved out of sight. >> they thought they were doing me a favor, because they know i am not a fan of john mccain. >> reporter: today the president denied he was involved, but still criticized the late senator and war hero. >> i was very angry with john mccain because he killed healthcare. i was not a big fan of john mccain in any way, shape or form. >> reporter: cbs news has confirmed this e-mail that among navy officials that relays several requests from the white house, including number three, ""u.s.s. john mccain" needs to be out of sight." this was such a concern, the e- mail states, "please confirm number three will be satisfied." a picture shows a tarp covering the name of the ship, but thevyd before the president arrived.

the acting secretary of defense says he had no knowledge of any plan to hide the "mccain." >> i would never dishonor the memory of a great american patriot like senator mccain. >> reporter: today meghan mccain, the late senator's daughter, fired back. >> it's impossible to go through the grief process when my father has been dead ten months is constantly in the news cycle because the president is so obsessed with the fact that he's never going to be a great man like he was. >> reporter: now, during this very week back in 1973, john mccain was here at the white house. president nixon welcomed him here after he spent more than five years as a prisoner of war in vietnam. of course, president trump has famoaiator mccain was considered a hero because he was captured and that the president prefers people who weren't captured. margaret? >> brennan: ben tracy at the white house, thank you. well, the president posted surveillance video today showing migrants breaching a border fence in el paso, texas.

a border patrol official confirms more than 1,000 people were detained, the largest mass arrest to date. nearly a year after the president's so-called "zero tolerance" immigration policy was struck down in court, cbs news has learned some migrant families are still being separated at the border. in our series "separated and counting," manuel bojorquez shows us the reunion of a father and his children after 184 days. >> reporter: seven-year-old juan and 11-year-old sofia remember the last time they saw their father. we changed their names for their safety. "i believe he was crying and my brother was separated from him,. they were separated six months ago after their father adolfo brought them across the texas border saying he was fleeing extortion and death threats from el salvador's notorious gangs. >> they said, "if i returned

home, they would shred my children." he showed us text messages like this one, threatening to kill his entire family. but he would not get to make his plea for asylum before a judge. instead, he says u.s. border patrol accused him of being a gang member. "they started threatening they'd take my children away," he says. "the agent kept asking what gang i was part of." adolfo showed us a letter his lawyers say is from the government of el salvador showing he had no criminal history. he also showed us that he has no tattoos, which are a trademark of salvadoran gangs. "i asked to speak with a lawyer," he says, and they said, "no, you don't have any rights here." so they detained him in mcallen, and sofia and juan were sent to live with their mother in seattle. six months later, adolfo was released after the attorneys who took up his case say they convinced government lawyers he was not a danger to the community.

and we were there. >> hola amor. >> reporter: when after 184 days of being separated, he got to hug his children again. >> hola. >> reporter: they allowed us to sit in on their first moments together. "we missed him and it was unfair that we were separated from him." "i felt like my entire life was over." the trump administration is looking to fast track deportations by training some border patrol agents to screen asylum cases. immigration advocates argue adolfo's case shows that approach could end with legitimate asylum cases being dismissed. cbs news reached out to customs and border protection for comment on adolfo's case but did not hear back. this is the mcallen texas facility where they were separated. according to the texas civil rights project, their case is not unique.

efran olivares with the texas civil rights project says family separations are still happening at the border. >> we're not seeing hundreds of separations a week, but we are seeing over a dozen separations a week. >> reporter: the government can separate a child if there is concern for the safety of the child by the accompanying adults. some say there is good reason to protect the child from that person. >> what happens when a u.s. citizen faces that situation? you get child protective services involved. you have a court hearing. >> reporter: these aren't u.s. citizens. >> exactly. it's different treatment based solely on their immigration status. >> reporter: adolfo, sofia and juan are now awaiting asylums manuel bojorquez, cbs news, seattle. >> brennan: next on the "cbs evening news," a frightening incident at a baseball game prompts a new conversation about fan safety. later, a lawsuit claims f.b.i. trainers sexually harassed

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>> brennan: a frightening moment last night at the cubs-astros game in houston. a girl sitting just beyond the area protected by safety netting was struck by a foul ball. she's expected to be okay. mola lenghi says this has >> reporter: ...and later breaking down. >> when that happened, i looked over, and i just couldn't hold it anymore.

>> reporter: major league baseball described the incident as extremely upsetting. in 2018, all 30 m.l.b. teams extended protective netting from the ends of both dugouts. while serious injuries at the ballpark are rare, they do happen. >> some fans in the area calling for help. >> reporter: last year a 79- year-old woman was killed by a foul ball at dodger stadium. >> baseball knows it's dangerous. and yet the owners don't do anything. this is our national pastime. >> reporter: a foul ball broke andy zlotnik's cheekbone and ruptured his eye socket at yankee stadium in august 2011. >> it feels like you just slugged me five minutes ago and it's throbbing in my face and it's eight years later. >> reporter: he's been pushing m.l.b. to extend the protective netting from foul pole to foul pole. >> every time one of these kids gets hurt, it kills me. >> reporter: more than 1,700 fans are injured by foul balls each year according to a 2014 study. those are the most recent

numbers. and before teams extended the netting. m.l.b. is protected from liability by what's called the baseball rule, a 100-year-old disclaimer that basically says that fans go to the games at their own risk. >> brennan: mola, thank you. we hope she's okay. still ahead, more hollywood studios threaten to stop production in one state over a new abortion law. it's myself, my dad, and my husband, and our three dogs. we hear a lot about millennials, but did you know that more than one in four are caring for a loved one. as the years went on, she took on more and more responsibility. so how do you financially prepare for needing care one day? it's something everybody really should think about, but precious few really do. planning for the future together, that's financial wellness. talk to a financial advisor or start your plan now at prudential. i was told to begin my aspirin regimen, blem. and i just didn't listen. until i almost lost my life. my doctors again ordered me to take aspirin,

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>> brennan: mobile, alabama, is rediscovering a painful past. omar villafranca tells the story of america's last slave ship. >> reporter: along the mobile river, ben raines took us to the spot where a dark piece of american history, buried deep in the mud, found the light of day. >> here now we have the whole story, and the ship tells the story. it's a real object, and this is the vehicle that brought these people and stole their lives from them. >> reporter: raines began the search for the "clotilda" using historical document, including the captain's journal. scientists confirmed it was the "clotilda." >> there is no more sinister slave story than this one. it was about a bet. >> reporter: in 1860, importing

new slaves to the country was a crime. but alabama's mayor, timothy meaher, wagered he could break the law and get away with it. he sent the ship to west africa, which returned two months later with 110 slaves. once unloaded, he ordered the captain to burn the vessel to cover up the crime. joe womack and cleon jones are from africatown, the mobile community settled by the "clotilda's" freed slaves. >> they didn't find an old ship. they found history. these are strong-willed people. that's what came to america. >> reporter: many direct descendants of the "clotilda" slaves still live in africatown, where today they gathered to hear the details of the discovery. >> yes. it is "clotilda." (applause). ♪

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the homeless hitting new heights in alameda county -- >> he's been the subject of multiple investigates and new twist. >> he's ramping up to sue people to pay for his criminal defense. >> why everything coming from south of the border could soon cost you more. >> our original report. the south bay high schoolers mapping the ocean floor for a chance at a million bucks. >> they're operating equipment that could cost a million dollars.