news app on your cell phone or connected tv. i'm matt pieper, cbs news, new york. it's thursday, august 4th, 2022. this is the "cbs morning news." more misery in eastern kentucky. the new problem for thousands of people still recovering from historic flooding. text message blunder. the surprise development in the case against conspiracy theorist alex jones. executive order. president biden takes new action to protect abortion rights just one day after a landmark vote in kansas. good morning. thank you for joining us. i'm elise preston. anne-marie green is off. we begin in eastern kentucky where flood survivors are facing a new problem -- sweltering heat. more rain is also in the forecast as residents continue

to clean up the damage. the floodwaters have receded, giving people a closer look at the devastation. the death toll now stands at 37 with three people still missing. now with temperatures rising, it's posing a major challenge for residents who still don't have power. michael george is in new york with more. good morning. >> reporter: good morning. kentucky has a long path to recovery, and the weather this week could make things even more difficult. across the country millions of americans are facing heat, wildfires, and more flooding. in eastern kentucky, thousands remain without power, and many don't have access to running water after last week's deadly flooding. a disaster relief organization deployed this mobile laundry unit to give residents some much-needed help. >> sometimes the small things can make a big difference. >> people have lost everything are helping people who have lost everything. it is the most heartwarming thing i've seen. >> reporter: as kentucky mourns

the dead and works to return to a sense of normalcy, intense heat in the forecast is the latest challenge. >> the heat indices are going to be above 100 degrees in some locations. that's why we have set up cooling centers. >> reporter: out west, california's largest wildfire so far this year, the mckinney fire, has burned tens of thousands of acres along the border with oregon. sheri marquetti said the fire burned down her family home, killing her uncle who was still inside. >> if anybody says you get warning to evacuate, you really listen and pay attention because it's not -- it comes so fast. >> reporter: firefighters have been struggling to bring the mckinney fire under control since it broke out friday. rain and lower temperatures provided a little help yesterday. with drier and hotter weather in the forecast, officials expect increased fire activity over the next few days. now four people have died so far in the mckinney fire, and authorities say the death toll

could still rise. california has faced its largest and deadliest wildfires in the last first, and experts say climate change is a huge factor. elise? >> michael george in new york. thank you. the final day of testimony in a defamation case against conspiracy theorist alex jones ended in a surprise revelation. the "info. wars" host was accused of withholding evidence in the $150 million lawsuit filed against him by the parents of a young boy killed in the 2012 sandy hook shooting. the parents' attorney said he received jones' text messages from the past two years when they were accidentally sent by jones' own defense team. >> you said in your deposition you searched your phone, you said you pulled down the text, did the search function for sandy hook. that's what you said, mr. jones, correct? >> i had several different phones at this number. but i did -- yeah. that's why you got it.

>> the parents' attorney said jones lied about not having text messages about sandy hook. jones, who earlier called the shooting a hoax, conceded yesterday that the attack was 100% real. the jury is deliberating how much jones must pay in damages. flags at the white house and u.s. capitol are flying at half staff in honor of indiana representative jackie wilorski who died in a car crash. authorities say the 58-year-old republican and two staffers were killed yesterday when another vehicle crossed the center line of an indiana highway and slammed into their suv. the driver of the other car was also killed. wilorski was first elected to congress in 2012 and represented the second district. house senate majority leader leader kevin mccarthy called her a dear friend who always puts others first. president biden praised voters in kansas after they backed a measure supporting abortion rights. mr. biden also took action

himself on the controversial issue. natalie brand explains. >> reporter: during the meeting of the task force on reproductive health care, president biden touted a new executive order to support patients traveling out of state for care. >> i commit to the american people that we're doing everything in our power to safeguard access to health care, including the right to choose that women had under roe v. wade. >> reporter: the order directs the secretary of health and human services to consider action to advance access to reproductive health care services including through medicaid, improve research on maternal health outcomes, and ensure health providers comply with federal law which could include technical assistance for doctors who may be confused in the wake of the supreme court's decision to overturn roe versus wade as they navigate new state restrictions. the president has again urged congress to codify roe versus wade into federal law pointing to tuesday's vote in kansas as an example of public sentiment toward abortion rights.

crowds at this kansas election night party erupted into cheers after learning voters had rejected a measure to remove abortion rights from the state's constitution. >> this is a clear indication of where voters in kansas are on this issue. >> reporter: the group kansans for constitutional freedom claimed victory in the red state during the first test of abortion rights on the ballot since roe was overturned. >> my whole life has been about protecting the life of moms and babies, and i think that this is a step away from that. >> reporter: a similar measure to the one voted down in kansas is on the ballot in kentucky.ot constution are on the ballot vernta.bran cbs news, capitol hill. in arizona the race is still too close to call for the gop nomination for governor. kari lake who was endorsed by former president trump hold a slim lead over karrin taylor

robson endorsed by former vice president pence. yesterday lake claimed victory, but robson has not conceded. the state is expected to release an updated vote count later today. there could soon be a verdict in brittney griner's drug trial in russia. the wnba star returns to the courtroom today as the trial comes to a close. she's facing up to ten years in prison for carrying vape cartridges containing hashish oil in her luggage at a moscow airport in february. she has pleaded guilty. u.s. officials have proposed swapping a convicted russian arms dealer in exchange for greiner and detained u.s. marine veteran paul whelan. coming up, football fight. the nfl appeals the suspension given to quarterback dashaun watson. what the league wants. and paying passengers. why airlines could soon be giving money to travelers for delayed flights. this is the "cbs morning news." it takes energy to take on the world.■ so whether you■re

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an investigation is underway after an amtrak train collided with a tractor-trailer on the tracks in maryland. authorities say the train traveling from washington, d.c., to chicago yesterday hit the truck which was stuck on the tracks because of a traffic backup. that truck was pushed into another truck. the driver of the second truck was injured. no one on the train was hurt. the suspect in a deadly mass shooting at a july 4th parade pleads not guilty, and the nfl wants a longer suspension for quarterback dashaun watson. those are some of the headlines on the "morning newsstand." the "associated press" reports the nfl is appealing the six-game suspension given to cleveland browns' quarterback dashaun watson for violating the league's personal conduct policy. on monday a retired federal judge issued the suspension after two dozen women filed lawsuits accusing watson of sexual misconduct during massage treatments. the nfl had recommended a suspension of at least a year. watson, who has denied

wrongdoing, reached financial settlements with 23 of the women. the "chicago tribune" says the man accused of killing seven people and wounding dozens more in a mass shooting at a july 4th parade in illinois pleaded not guilty. 21-year-old robert crimo iii faces 117 felony charges in connection with the attack in highland park outside chicago. prosecutors say he climbed onto a store building and fired more than 80 rounds from an assault rifle into the crowd below. >> i'm here today because people from my community canno be here. they're not ready. they are broken, living in fear. >> prosecutors say the suspect admitted to the shooting after police arrested him hours after the attack. and "reuters" says a victory erupted about 15 miles from ice -- ice hand's capital of reykjavik.

video shows lava and smoke spew days of small earthquakes. last year the lava flow from an eruption in the same area lasted for six months. still to come, fall flavors. the special autumn cookie that oreo says will be available before the season starts. will a do you have a life insurance policy you no longer need? now you can sell your policy - even a term policy - for an immediate cash payment. we thought we had planned carefully for our retirement. but we quickly realized we needed a way to supplement our income. if you have $100,000 or more of life insurance, you may qualify to sell your policy. don't cancel or let your policy lapse without finding out what it's worth. visit coventrydirect.com to find out if your policy qualifies. or call the number on your screen. coventry direct, redefining insurance.

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♪ hello there, fellow students... with nurtec odt... i can treat a migraine attack and prevent one... no matter what might trigger it. test. were nausea, indigestion, stomach pain. treat and prevent—all in one. here's a look at the forecast in some cities around the country. ♪ the first ship carrying grain from a ukrainian port is headed to lebanon. it passed inspection in istanbul yesterday where authorities spent three hours checking the cargo and crew. ukraine and russia reached an agreement last month to allow

the export of grain again to help ease the global food shortage. at estimated 20 million tons of grain has been stuck in ukraine since russia invaded the country in february. more protection could be on the way for airline passengers whose flights are delayed, and oreo is starting the fall season early with a limited edition flavor. matt pieper has those stories and more in today's cbs "money watch" report. >> reporter: the best numbers on wall street so far this week as stocks closed broadly higher wednesday. the dow gained 416 points. nasdaq up 319. the s&p 500 gaining 63. walmart woes. the retail giant is laying off hundreds of its corporate workers beginning this week. around 200 jobs in total are being cuts. the news comes about a week after the company slashed its profit outlook. but walmart says it's investing in other areas and creating some new roles. walmart is the largest employer in the country.

stuck on the tarmac or in the airport lounge? how about in compensation? the department of transportation has just proposed a new rule that would force airlines to pay customers for delays on flights operating to, from, or within the united states. among the new rules would be if a scheduled departure or arrival time is delayed these hours or more or if a connection is added. the proposals are open for public comment through october. and the race to get americans ready for fall is already underway. oreo says its pumpkin spice-flavored cream cookie will be available august 15th. the flavor has not been available for the last five years. that's your cbs "money watch" report for this thursday morning. i'm matt pieper, cbs news, new york. there's good reason to enjoy the fresh air today. that's because all national parks in the u.s. are waving entry fees in celebration of the great american outdoors act. it includes parks like yellowstone and yosemite. you can enter for free, but visitors still have to pay

amenity and activity fees. there will be two more free days this year -- september 24th and november 11th. and the u.s. postal service is going to infinity and beyond. yesterday the agency unveiled buzz lightyear forever stamps. they feature the pixar character in four different poses. each stamp says "go beyond." you can find them on line and at u.s. postal service offices. the release came the same day that the movie "lightyear" the prequel to "toy story" began streaming on disney plus. coming up, utter madness. the unusual sight that had heads turning on an alabama highway.

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week. the pga plans to fight the lawsuit. tributes continue for all of fame broadcaster and long-time voice of the dodger, vin scully who died tuesday at the age of 94. a moment of silence was held in san francisco last night between the start of the game. scully was the longest broadcaster with a single team, sp spending 67 years with the dodgers. >> he was the voice of not only the dodgers but of l.a. >> being able to hear him is just a good time. >> he was like our heart, the king of the dodger family. >> fans also left mementos and flowers at his fstar on the hollywood balwalk of fame.

tony bennett found out that he and lady gaga are nominated for an emmy. the show marks bennett's final performance since being diagnosed with alzheimer's disease in 2016. and check out this mooving violation you don't see every day. a cow on the loose was spotted running along the median on an alabama highway closely followed by police. the very low-speed chase was caught on video by someone in a passing car. you have to give the cow credit for staying in the median and not going over the speed limit. coming up on cbs mornings, why the faa wants to hear from travelers about shrinking airline seats. have they shrunk too much? and could they be dangerous in an emergency? i'm elysse preston, this is the cbs morning news.

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right now at 5:00 a.m., a stalemate in berkeley as construction crews put work in people's park on hold for now. we're learning the source of a deadly outbreak of

legionnaires' disease in the north bay. the biggest challenge this morning. we're going to watch a subtle warmup near the bay today. not nearly as much as the marine layer. if you're inland, you're going to cool down: we'll explain that coming up. if you're heading out the door, so far, so good on the roadways. we'll check the travel times as you head into the altamont pass. this morning's top stories, san francisco says the monkeypox vaccine clinic is closed to walk-ins due to limited supply. it comes as a group of senators is urging the biden administration to invoke the defense production act to step up production of the vaccine. so far more than 6,300 cases of the disease is confirmed in the u.s. if the white house invokes the act, it should take weeks instead of months to ramp up supply. speaker nancy pelosi is in south korea after her controversial visit to taiwan. in response, china has