injured three others. that massacre is being investigated by the justice department as a hate crime, and an act of, quote, "racially motivated violent extremism." president biden referred to it as an act perpetrated in white nationalist ideology, and he has called fon an end to hateful domestic terrorism. nancy chen reports. >> reporter: a frantic scene after a gunman opened fire at a tops supermarket saturday afternoon starting in the parking lot. police say the heavily-armed suspect shot four people outside, killing three, before moving inside the store. >> when i first saw him shooting, he shot a woman, a deacon, and he shot another woman. then he went inside the store and started shooting again. >> reporter: that's when police say he encountered a retired police officer working as a security guard who fired multiple shots that hit the gunman, but didn't impact him

because of his tactical gear. the suspect then killed the guard. the suspect held the gun to his own neck after encountering police, but eventually surrendered. >> this is pure evil. straight up, racially motivated hate crime. >> reporter: of the 13 people shot, 11 were black. the suspect, 18-year-old pate pn gendron had a hate-filled -- >> to see that sense of security shattered by an individual, a white supremacist, who has engaged in an act of terrorism -- >> reporter: gendron is from con lin, new york, about three and a half hours from buffalo. he was arraigned hours after the attack on a first-degree murder charge, pleating not guilty.

>> a first-degree murder charge carries a sentence of life in prison without parole if convicted. the suspect is being held without bond and is set to appear in court again on thursday. margaret? >> brennan: nancy chen, thank you. we want to go to the governor of new york, kathy hochul. good morning to you, governor. >> good morning. i'm happy to be here, to be on the show, but it is really a tragic day here in new york. >> brennan: our condolences to you and that community. are you concerned about further violence in your state? >> g >> well, we're taking proactive measures to make sure we're monitoring all social media platforms. this is on a man manifesto a whe back. we are worried about what is out there being disseminated globally. this information from yesterday's attack was already out there, it was live-streamed.

the intent of this individual was telegraphed in advance. i'm calling on social media platforms to be making sure they're doing a better job mondmonitoring the hate speech t there, and comes on the guys of white supremacy. which is contactly what happened here in buffalo. >> brennan: i want to ask about the weapon that this shooter used. you have said it was legally obtained. you've also said that the shooter had been, at one point, under their surveillance of medical authorities because of past comments he had made about carrying out a shooting. how was he allowed to buy and to hold on to that weapon? >> that is exactly what is being investigated now. i understand that he wrote something when he was in high school, and that that was being investigated. so we're going to get to the bottom of that. >> brennan: so it is possible that he should not have been sold that weapon?

is that an oversight in the state? >> we don't know that right now. but i'm going to get to the bottom of it and found out right now. it would have happened a little while back. he is 19 years old. apparently he was investigated when he was a high school student, brought to the attention of the authorities. he had a medical evaluation based on something he had written in school. we're going to find out what happened in the aftermath. >> brennan: you just mentioned going online and taking what is out there in the social media space seriously. you've called it a feeding frenzy for white supremacy. how do you actually regulate this without impeding on free speech? you have a number of media and social media companies with big offices in your state, specifically what are you asking them to do? >> no, we want them to stay in our state. and we want them to be more vigilant and use the resources they have to hire more people,

and be able to identify the second this hate speech appears. law enforcement also monitors this as well. we have the f.b.i. monitoring it, and the state police. so we need a multi-faceted approach. not just from law enforcement, but also from the platforms that are allowing this to spread. they have a responsibility as well. >> brennan: the justice department has called this an act of racially motivated violent extremism. you used a sharper word. you said white supremacist terrorism. there is no federal statue that does that. should there be? >> yes, there are domestic terrorism laws on the books. this can be prosecuted under state on federal laws. it started with our district attorney at the state level. so this individual is not going to see the light of day again, whether it is under federal prosecution or state or just murder one. this person murdered 10 innocent

victims in our community just yesterday. >> brennan: governor, good luck to you. thank you for your time this morning. >> thank you very much. >> brennan: we turn now to the mayor of buffalo, byron brown. good morning to you, mr. mayor. our thoughts and condolences are with you and your community. how are you all handling this? incorpor>> mayor: thank you, maa verpaful,erya fesh. g s around the famies of those whose lives were lost. we're standing strong as a community. and working to not let this horrible act of hate detract from us being a loving, warm, welcoming community. >> brennan: the shooter was allegedly motivated by white supremacist ideology.

i know you are the first african-american mayor of buffalo, which has a city has been called very segregated, if not one of the most in the country. how do you all unite in the wake of something like this? >> mayor: we're a mid-sized american city of over 278,000 people. and this part of the city, 80% african-american but diverse, with people of many different backgrounds living in this community. we are certainly saddened that someone drove from hundreds of miles away, someone not from this community, that did not know this community, that came here to take as many black lives as possible, who did this in a willful, premeditated fashion,

planning this. but we are a strong community. and we will keep moving forward. >> brennan: is there an ongoing threat? are your residents safe today? >> i think the question that we need to ask ourselves: are any residents safe in this country anywhere? we have to focus on sensible gun control. that said, after all of these mass shootings that have taken place in this country for different reasons, year in and year out, month in and month out, week in, and week out, let buffalo, new york, be the last place that this kind of mass shooting happens. >> brennan: mr. mayor, good luck to you, and thank you for your time today. >> mayor: thank you very much, margaret.

>> brennan: we turn now to the economy, and we learned this week that the cost of things like food and energy rose compared to last month. secretary of transportation pete buttigieg joins us now. good morning to you, mr. secretary. >> good morning. der >> brennan: as a representative of the administration, i want to ask you about your reaction to the events in buffalo. you were once a mayor. do you think there should be a federal law criminalizing domestic terrorism. the president used that phrase, but it is not really on the books. >> whether it is called terrorism legally or not, this was terrorism. this was hate. and this would be a good day for every politician in this country, left, right, and center, every media figure in this country, left, right, and center, to come out and unequivocally condemn white

nationalism and any other hateful ideology that could have contributed to something like this before it happens again. >> brennan: but should there be a federal statute that elevates things, should there be an association directly with terrorism? >> again, we don't know all of the details that fit the legal definitions. what we know is somebody traveled a long distance with an ar-15 to hunt human beings, and to hunt black people. we need to make sure we route out that kind of hate and we have a conversation about the availability of the kind of weaponry he seems to have had. and yet we seem to be having that conversation over and over and over again as a country. >> brennan: i want to ask you a little on a personal note, we've been talking about this baby formula shortage nationwide that has been ongoing for months. you have infants at home. do you have problems getting a hold of formula? >> this is very personal for us.

we have two nine-month-old infants. we have been getting in touch with other relatives in other places. we are all set for now. but i think about what that would be like. if you're a shift worker with two jobs, you literally don't have a car, and you literally don't have the team or money to be going from store to store. that's why it is such a serious issue, and that's why ets it is getting attention, including, by the way, by the president. >> brennan: there were supply-chain issues, and then you have the issue with this one brplant, abbott. and the recall in february. why has it taken so long. the president seems to say it is new information to him. he said if we were better mind readers, i guess we could have

done something earlier. >> the administration acted after daey , cr theeg wick program. there are more actions under way, including looking at imports. but fundamentally, we are here because a company was not able to guarantee that its plant was safe. and that plant has shut down. >> brennan: but that is the federal government's job as regulators -- >> as regulators, yes. but let's be very clear. this is a capitalist country. the government doesn't make baby formula. and companies -- a company, by the way, with 40% market share, messed up, and is unable to confirm that a major plant is safe and free of contamination. the most important thing to do, of course, is to get that plant in michigan up and running safely. and that's the work that is going on between the company and the f.d.a.. it has to be safe and up and

running as soon as possible. this is the difference between a supply-chain problem, a problem about moving goods around, and a supply problem, which has to do with whether they're being produced in the first placech place.and the administration is working with other companies, which is helping to compensate. but at the end of the day, this plant needs to come back on line safely. >> brennan: and we'll have more on that later and the show. how is the administration making sure that those essential ingredients that are actually required for something like formula are actually available? >> a shortage of ingredients is not what led to the shut down -- >> brennan: it is a factor. and price inflation is one of the factors, among many, that has been blamed for months about the problem with baby formula,

prior to the recall in february. >> america has the capacity to make the baby formula -- >> brennan: but you're going to europe -- >> that's because we have four companies making 90% of the formula. it is basically a series of monopolies that have added up into enormous market concentration. by the way, this is an issue the president has been talking about in area after area after area. whether we're talking about fertilizer -- >> brennan: but it is a government contract -- this is also part of -- i'm using the term food stamp program -- >> which is exactly from day one -- >> brennan: this isn't just a private sector problem, is my point. the federal government is involved -- >> a plant shutting down because they can't assure it is physically free from contamination, and the responsibility of the regulators that it will, in fact, be safe when it comes back online.

>> brennan: i want to get to you on inflation. gas prices, highest ever prices in the country, $4.45 a gallon. are you asking americans to drive less? >> no. we're asking americans to recognize we're working this issue because we're feeling it, too. >> brennan: should americans drive less? >> what we want to do is create options for americans to be able to get where they're going more affordably. we upped the 2020 models. if you used to have to fill up four times a month, it might be three now. and we're working to make electric vehicles more affordable because that has a huge benefit, especially in terms of protecting families from these kinds of price volatilities. >> brennan: and batteries are also a supply-chain issue. >> right. so are we going to take that an

issue and not do anything, or are we going to work on that. we know we can get more americans into these vehicles. and we also know, right, that with gas prices on the rise and the president's acted with the strategic petroleum reserve, with ethanol flexibility to try to stabilize those prices. but we know we could be lower other costs for americans. this is the most important thing that we need to take a hard look at when we're fighting inflation with everything we've got, that we made the case to lower the cost of insulin to $35, and tried to lower the cost of prescription drugs, and we're blocked from doing so by congressional republicans who then come around and want to talk about inflation -- >> brennan: but the public isn't interested in things that didn't work or aren't law. they want to know what is going on right now -- >> that's if you want to know what congress is doing --

>> brennan: i want to ask you what the administration things in response to senator warren, and speaker pelosi says she is putting together a bill about banning unconsciously depressing pricing. this has been called dangerous by jason fuhrman, and nonsense. do you agree it is nonsense? >> what i can tell you from an administration perspective, there is guidance going out to crackdown on price gouging -- >> brennan: how much of a factor is that? >> one thing we know is we're in this moment, where americans are feeling the pinch on product after product, and some companies have become ridiculously profitable, notably including oil companies, which have specifically said they're not going to use the permits in the production capacity that they have. why would they? they're incredibly profitable

right now. they're not unhappy about the situation. the public is unhappy, the president is unhappy, and we're taking action. >> brennan: we're going to leave it there, secretary buttigieg, glad to have you here. and good luck with the baby formula. "face the nation" will be right back. what if you were a gigantic snack food maker? and you had to wrestle a massively complex supply chain to satisfy cravings from tokyo to toledo? so you partner with ibm consulting to bring together data and workflows so that every driver and merchandiser can serve up jalapeño, sesame, and chocolate-covered goodness

with real-time, data-driven precision. let's create supply chains that have an appetite for performance. ibm. let's create. >> brennan: and we turn now to dr. scott gottlieb, former trump f.d.a. commissioner and pfizer board member. good morning to you, doctor. >> doctor: good morning. >> brennan: i want to tap into your perspective as someone who ran the f.d.a., you just heard the administration's view that this baby formula shortage is really the failure of one company here. and that the f.d.a. isn't necessarily fully responsible for ensuring things at that plant. i wonder how you respond to that. >> doctor: well, look, these were persistent problems that appear to have been handled poorly, certainly by the company. f.d.a. didn't exert all of the oversight at that facility.

there were known problems at that facility many years. the agency had a 34-page whistle-blower report in hand making pretty serious accusation there was data falsification withheld from inspectors. it should have prompted more aggressive action earlier. now that facility has been shut by abbott and production isn't going on, it will be hard to clear the facility. it will be the kinds of allegations that are hard for the agency to clear. even if they're not able to prove a causal relationship between the infections we saw in children and the facility itself, which so far the agency hasn't been able to prove, and they may never be able to prove that. >> brennan: you just said that the f.d.a. didn't do all it could. we know they didn't inspect the abbott facility back in 2020. they stopped inspecting some places during the pandemic that weren't mission critical. isn't baby formula mission critical? how does the facility not get

inspected by the f.d.a.? >> it is mission critical. and during the government shutdown we observed inspections of infant formula plants because of the risk -- >> brennan: when you were in office? >> doctor: when i was in office. especially given the fact there have been prior findings there. the fact that the f.d.a. went into that facility last year and found five different strains of coronavirus, that is a concern. so they should have been under close supervision. we have sort of the worst of both possible worlds. we have a regulatory scheme that is stringent enough that creates obstacle to getting into the market. there has only been one new entrant, but at the same time, it doesn't provide stringent enough oversight of oligarchary.

they're going to eventually need to get that facility reopened. the timeline for that is very unclear right now. >> brennan: i'm sure the f.d.a. commissioner will be questioned about that on capitol hill this week. you're pointing to regulation failures. that whistle-blower report said they failed to maintain proper records and released untested baby formula. does this sound like criminal behavior to you? >> doctor: potentially, and that whistle-blower report was sent to the office of the criminal investigations at the f.d.a.. remember, this division at f.d.a. is nine people, and it was even fewer when i was there. it has grown in recent years, and we made a budget request to increase the s size of that gro. this has been an underresourced part of the agency for a very llong time. it has contributed to the agency trying to assert more fervent

oversight. and other issue may be that the people who the whistle-blower has indicated maybe the same people now making reputations to the agency about the safety of that facility. if that is the case, that is going to complicate issues. >> brennan: we have more to talk with you, as always, so stay with us. on the other side of the break, we'll continue the conversation. so stay with us on "face the so stay with us on "face the nation." eyes on th baby. digital tools so impressive, you just can't stop. what would you like the power to do?

>> brennan: if you can't watch the full "face the nation," you can set your d.v.r., or we're available on demand, plus you can watch us through our cbs and paramount apps. and we're replayed on cbs at noon eastern. you're probably thinking that these two are in some sort of lover's quarrel. no, no, no. they're both invested... in green energy. and also each other.

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store.a grocery it comes as the department of justice announced it will investigate the attack as a hate crime against a coity.>> some b, china, will finally reopen this week following the city's total covid lockdown in march. while grocery stores and malls are set reopen, it's not clear when the 25 million residents can continue activities. "doctor strange 2" raked in $61 million over the weekend.

for more news download the cbs news app on your cell phone or your tv. i'm elise preston, cbs news, new york. this is the "cbs overnight news." good evening. i'm jericka duncan reporting tonight from buffalo, new york. in this place known as the city of good neighbors an outsider suspected of conducting the nation's latest mass shooting and its deadliest one this year. ten people were killed, three wounded in what officials are calling a racially motivated attack. it happened at this supermarket right behind me. tonight we're learning new details about the suspected gunman, peyton gendron. he appeared in court and pleaded not guilty to murder. today in washington president biden condemned the ta