>> still the pace of the increase is pretty stunning at a time when home prices have not really fallen yet. >> reporter: the busacas say they're committed to finding that perfect home for their family of four. what would buying a home for the first time mean for you? >> so -- >> it's part of the american dream. >> it's part of the american dream. you want that little piece, you know? your land so you always have something you can give it to your kids. >> reporter: while interest rates are the highest they've been in 14 years, jericka, analysts say it's a long way from the 14% or even 16% rate seen in the 1980s. >> very good point made. elaine quijano for us in new york, thank you. today the u.s. hit iran's so-called morality police with new sanctions. violent protests have erupted across iran following the arrest of a young woman who police custody after she was accused of violating rules on head coverings. at least 17 people have been killed in the protests. well, conspiracy theorist

alex jones testified in a connecticut courtroom today less than 20 miles from the site of one of the worst school massacres in u.s. history. for years, he falsely claimed the mass shooting was fake. now sandy hook families want him to pay for spreading lies. here's cbs's nikki battiste. >> reporter: alex jones sat before the very judge he previously called a tyrant. >> and you actually use that word a lot with your audience. you call people tyrants, don't you? >> only when they act like it. >> reporter: the infowars host is trying to limit the financial damages judge barbara bellis ordered jones must pay for promoting lies about the sandy hook massacre. >> you acknowledge that among the things that you said about sandy hook was that it was fake, yes? >> yes. >> synthetic? >> yes. >> manufactured? >> yes. >> with actors? >> yes. >> reporter: the lawsuit claims sandy hook families and a first

responder at the massacre were harassed and even threatened after the infowarse murdf 20hil6 adults a hoaxis 6-year-old son benjamin, testified wednesday. >> people were, you know, accusing me of lying, telling me ben never lived, telling me that i was going to burn in hell. >> reporter: last month, alex jones was ordered to pay nearly $50 million to another sandy hook family. the damages in this case could be even higher, and jones faces a third trial later this year. jericka. >> all right. nikki battiste for us tonight. thank you. with less than 50 days until the midterm elections, the latest cbs news battleground tracker poll finds two very close races in georgia. democratic senator raphael warnock leads his gop opponent, former nfl star herschel walker 51-49 while republican governor

brian kemp, in a highly anticipated rematch with democrat stacey abrams, leads that race by just six points. here's cbs's nikole killion. >> and so i want you to know cobb county, that i'm ready. >> i'm going to represent georgia. >> reporter: in battleground georgia, the senate race issa politics. why do you thinkhis race to sta working for the people. >> reporter: according to cbs news battleground tracker, democratic incumbent senator raphael warnock gets favorable marks on character and experience compared to gop challenger herschel walker. >> i believe reverend warnock is the better candidate. >> reporter: the race has turned increasingly divisive with both candidates recently agreeing to debate. >> if you're not ready for a debate, you're not ready. >> and he's a preacher. he's a smart man, wear these night suits. so he's going to show up and embarrass me at the debate.

>> reporter: the heisman trophy winner has been plagued by gaffes and accused of lying about his past, though he insists he's been transparent. >> i haven't seen any politician who's a saint. >> reporter: in the race for governor, the state of the economy drives voters with more than half saying it's going well in georgia compared to the rest of the country, giving governor brian kemp a six-point edge over rival stacey abrams. >> i'm going to run on my record, and we've got a great economy here in the state of georgia. >> reporter: abrams is seeking a rematch after narrowly losing to kemp and helping the state flip twice for democrats inhe past two years. how confident are you that this same playbook will help you again? >> with the erosion of voting rights, with the's raceure of reproductive rights, i know the people are animated. >> reporter: in a state bracing for record turnout with early voting just a few weeks away. ni nikole killion, cbs news, atlanta.

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when cold symptoms keep you up, try vicks nyquil severe. just one dose starts to relieve 9 of your worst cold and flu symptoms, to help take you from 9 to none. for max strength nighttime relief, nyquil severe: ♪♪ an old mining town in idaho has found new life thanks to one of mankinds's essential resources, water. well, in tonight's eye on america, cbs's jonathan vigliotti takes a look at how a natural spring is revitalizing a community. >> reporter: hidden in idaho's white knob mountains -- >> what's this over here? >> that is the cossack compressor building. >> reporter: you'll find what's left of the copper and silver mines that first put the small town of mackey on the map. >> there was over 1,200 people

living on this mountain. >> how many people live there now? >> just squirrels. >> reporter: mayor wayne alson brought us here to see his town's past and in the valley below, what he hopes is its future. water sustainably harvested from a local spring, bottled and recycled in american-sourced aluminum at this mackey plant, and shipped around the country by people like sixth generation mackeyan kelvin krosch. >> our water is second to none, just the taste and the natural purification. >> reporter: locally it's celebrated for helping bring new life to a town that, like its mines, nearly shuttered. >> the city was about to have to close the school down because there wasn't anything here, not enoughs oo rte proudource conda ryon asked his friend cj pennington for help. >> it wasn't from a place of, hey, i have a great business idea and i'm going to make all this money, come join me. it was, i need to create ten

jobs. >> reporter: in 2016, the city l offered them a license for water access and create five full-time jobs while using no more than 5 hrs of the spring's water and the city would give them the deed for the land. how many jobs now? >> we have 32 in mackey, and i think we're the larger employer in mackey as well. >> reporter: not bad for a town of 500. this year the company projects sales of $50 million. and there's been a ripple effect. last year's senior graduating class was more than double the one just three years earlier. >> we've got quite a few new families. we've got a lot of new construction going around. i love to hear hammers and saws because that means there's progress. >> reporter: progress for an old mining town from a new source of pride. for eye on america, jonathan vigliotti, mackey,

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the rest of the flight. the injured flight attendant was taken to a hospital. ll,

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a man who once ran mississippi's welfare agency pleaded guilty today to federal charges in the largest public corruption case in the state's history. john davis admitted to misspending millions of dollars that were supposed to help needy families. others linked to the scandal include retired nfl quarterback brett favre and former mississippi governor phil bryant. tesla is recalling more than a million vehicles in the united states. the world's largest electric vehicle manufacturer says there's problems with the automatic windows. the window could continue closing when something is in the way. the recall covers certain models between the years of 2017 and 2022. those vehicles need an online software update. stay with us. we'll be right back.

finally tonight, 8-year-old cooper roberts is back at home after being severely injured during the shooting on the fourth of july parade in highland park, illinois, that killed seven. roberts' parents made the announcement, saying they were filled with gratitude, love, and wholeness now that cooper has returned home to his twin brother, four sisters, and his french bulldog, george. cooper had numerous surgeries and months of rehabilitation after the shooting, which paralyzed him from the waist down. and that is the overnight news for this friday. for some of you, the news continues. for others, check back later for cbs mornings. and of course follow us online

anytime at cbsnews.com. reporting from the nation's capital, i'm jericka duncan. this is cbs news flash. i'm dan lieberman in new york. the phones are ringing again in abortion clinics in indiana one week after a state ban went into effect. a judge blocked the ban, putting the new law on hold while abortion providers argue that it violates the state constitution. an 8-year-old boy in illinois who was shot in this summer's july 4th shooting in highland park outside chicago is back home after more than two months of treatment for his injuries. his mom and twin brother were also wounded in the mass shooting that killed seven and injured dozens of people. and tennis star roger federer will play doubles with rafael nadal in his final match of his career in london on friday. federer announced last week he's retiring at 41 because of an

ongoing right knee issue. for more news, download the cbs news app on your cell phone or connected tv. i'm dan lieberman, cbs news, new york. >> announcer: this is the "cbs overnight news." tonight, the federal investigation into the top-secret documents seized from donald trump's florida home has resumed. the 11th circuit court of appeals ruled in favor of the justice department and criticized the former president's argument that the documents had been declassified. but in his first interview since the fbi search, the former president doubled down on that claim, saying just by thinking about it, he could declassify documents. also new tonight, the wife of supreme court court justice clarence thomas, ginni, agreed to an interview with the house

panel investigating the january 6th attack on the capitol. the committee wants to speak with thomas about her possible efforts to help overturn the 2020 election. cbs's scott macfarlane will start us off tonight from the justice department. scott, good evening. >> reporter: jericka, cbs has learned the justice department has resumed its investigation of those records seized from mar-a-lago as the number of investigations and the former president's legal peril continue to grow. the latest in a series of setbacks for former president trump. the three-judge appeals court panel in a unanimous ruling repudiated federal judge aileen cannon's decision to freeze the investigation. the 11th circuit saying cannon's court abused its discretion and that the public has a strong interest in ensuring that the storage of the classified records did not result in exceptionally grave damage to the national security. >> an almost embarrassing rebuke and overall of the lower court's decision.

the court made it clear that it sees no reason for the former president to have any possessory interest in the classified h pel possession in a basement of his golf club. >> reporter: the judges also said trump offered no proof to his claims he declassified the records and called the issue a red herring, that even if trump had declassified the records, the documents wouldn't belong to him. shortly before the ruling, the former president went a step further. >> if you're the president of the united states, you ask declassify just by saying it's declassified, even by thinking about it. >> reporter: trump also seemed to undercut his original claim the documents were taken to mar-a-lago by accident, telling fox news -- >> because you're sending it to mar-a-lago or to wherever you're sending it. >> reporter: adding to the legal peril with investigations spanning from florida to georgia to d.c. to new york, the bombshell lawsuit from new york's attorney general, accusing trump and his children of lying for years about his wealth and his company. >> this was just a continuation

of a witch hunt. >> reporter: and now the january 6th select committee is preparing for a wednesday hearing to show more of their findings. >> donald trump, a man of considerable political talent, who is essentially lawless and ungovernable and incorrigible. so i see him as a one-man crime wave. >> reporter: cbs news has learned ginni thomas, wife of supreme court justice clarence thomas, has agreed to an interview with the committee. her personal efforts to help overturn the election a key focus for the panel. meanwhile, the special master in the mar-a-lago case today said trump's lawyers have until the end of the month to raise any disputes about the items seized, including whether they believe the fbi lied about what was taken. the former president has claimed the government planted documents that weren't actually there. jericka. >> scott macfarlane for us at the justice department tonight. thank you. overseas now, russia's call-up of 300,000 reserve troops to fight in ukraine has sparked outrage across the

country. tonight ukraine's president volodymyr zelenskyy called on russians to protest, saying fight back, run away, or surrender. cbs's debora patta is in kyiv where ukraine's army is reclaiming territory fast. >> reporter: no time to dodge this bullet. in scenes shown on russian television, only tearful farewells as civilians called up to fight in vladimir putin's war said their goodbyes to loved ones. those that could tried to leave the country to avoid conscription. traffic backed up at several russian border exits. many of these reserve soldiers have never fought in a war, let alone one that has even hardened russian fighters fleeing positions like this one in kharkiv. the men of a senior lieu tent's special forces brigade led the charge during ukraine's offensive here, tricking russian troops into thinking it would take place in the south of the

country. instead, they hit a russian base here in northern nova house reeve ca, surprising soldiers playing poker. this is where russian troops set up their headquarters, and you can see -- look around. they fled in such a hurry, it's like a museum of panic. commanders escaped first, abandoning their troops in a nearby trench, where we found a pot of food and religious icons. >> they effectively attacked russians not from the front. they've been outflanked, and that explains -- >> and outsmarted? >> and outsmarted. they were fleeing from here just like rats. >> reporter: this was supposed to be one of russia's elite units. it collapsed in a matter of hours on the first day of the offensive. putin begins referendums in occupied territories as early as tomorrow to push through a vote to become part of russia, upping the ante even more.

jericka. >> debora patta in kyiv, thank you for your reporting. today the u.s. hit iran's so-called morality police with new sanctions. violent protests have erupted across iran following the arrest of a young woman who died in police custody after she was accused of violating rules on head coverings. at least 17 people have been killed in the protests. well, conspiracy theorist alex jones testified in a connecticut courtroom today less than 20 miles from the site of one of the worst school massacres in u.s. history. for years he falsely claimed the mass shooting was fake. now sandy hook families want him to pay for spreading lies. here's cbs's nikki battiste. >> reporter: alex jones sat before the very judge he previously called a tyrant. >> and you actually use that word a lot with your audience. you call people tyrants, don't you? >> only when they act like it. >> reporter: the infowars host is trying to limit the financial

damages judge barbara bellis ordered jones must pay for promoting lies about the sandy hook massacre. >> you acknowledge that among the things that you said about sandy hook was that it was fake, yes? >> yes. >> synthetic? >> yes. >> manufactured? >> yes. >> with actors? >> yes. >> reporter: the lawsuit claims sandy hook families and a first responder at the massacre were harassed and even threatened after the infowars host called the murders of 20 children and 6 adults a hoax. david wheeler, who lost his 6-year-old son benjamin, testified wednesday. >> people were, you know, accusing me of lying, telling me ben never lived, telling me that i was going to burn in hell. >> reporter: last month, alex jones was ordered to pay nearly $50 million to another sandy hook family. the damages in this case could be even higher, and jones faces a third trial later this year.

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>> announcer: this is the "cbs overnight news." i'm caitlin huey-burns in washington. thanks for staying with us. western states remain in the grip of a 20-year-long mega drought, but in california, there are small signs of relief. the department of water resources says the state's largest reservoirs are slightly more full than they were at this time last year, but still well below average. last autumn brought rains to the state. then winter was the driest on record. the unpredictable weather is posing a challenge for the state's $45 billion wine industry. elizabeth cook has the story

from napa valley. >> reporter: a severe drought, rising temperatures, and major fires. all threaten to disrupt a california treasure. i'm in the heart of wine country. behind me, these vines make some of the best cab in the world. but those in the industry are worried that our changing climate is going to future. how has climate change impacted your crop? >> oh, dramatically. >> reporter: andy beck stofer of napa is the largest grape grower in northern california. >> we've never seen drought like this. we've never seen warm years and early harvests like this. >> reporter: steve matthaison is a celebrated winemaker. both see the dangers of climate change, and like many in the valley, are determined to fight back. >> fighting fire, worrying about fire. what are we going to do about it? >> we need to be smart as farmers, and we need to prepare for it. >> reporter: at their disposal, some innovative strategies tested on this 40-acre vineyard run by uc davis. >> we are forward thinkers. the researchers and the industry

are working together, and we're thinking of ways to control the environment as we can. >> reporter: teams are studying various root stocks to see which ones are the most drought and heat resistant. rows of vines are planted in a different direction to avoid direct sun. and layers of leaves as well as artificial shades canopy the fruit in an attempt to keep the clusters cooler. >> what it also provides is it lessens the amount of water being evaporated from the soil and the vineyard. >> reporter: another challenge, wildfires. burning wood creates tiny compounds that can seep into grapes. >> if we have a drought condition, i'll lose a part of my harvest. with the smoke, i can lose the whole damn thing. >> if there's a wildfire or fresh smoke that still contains a lot of these compounds close to a vineyard, grapes are like little sponges unfortunately, and they do absorb things from the atmosphere. >> reporter: these compounds and not the smoke can taint the

wine. >> think of if you can imagine licking an ashtray. >> reporter: researchers are working on sensors to detect these compounds on vineyards. they're also working on ways to filter them out of tainted grapes. >> flavor development -- >> reporter: andy and steve are ready to adapt. >> we know that we need to implement technology -- >> so that we can continue to have a healthy business and make world-class wines 25 years from now. >> reporter: elizabeth cook, cbs news, napa valley. >> it isn't only wine country confronting problems caused by the changing climate. coastal communities from san diego to maine are dealing with increased erosion, threatening seaside homes and businesses. skyler henry has the story of one florida town's battle to save its dunes. >> reporter: in a short amount of time -- >> this dune just a few weeks ago was out this far, and now it's eroded back, and the vegetation is dying. >> reporter: erosion along flagler beach in florida has

picked up, and it isn't stopping. city manager william whitson says he's put out calls for help to truck in more than 1.3 million cubic yards of sand needed to restore parts of the beach that have washed away. what's happening in flagler isn't an anomaly. communities up and down the u.s. coasts are watching their beaches disappear from new jersey to hawaii to north carolina's outer banks. texas a&m university professor sam brody sees chronic erosion around the country. >> i like to point out that there is not one variable that's causing the erosion problem. >> reporter: brody's research shows climate change is one factor, but so is development so close to the water, and construction on barrier islands that disrupts the sturdy sand needed to protect the mainland. >> the synergy between the two is what worries me over the next couple decades. >> reporter: while residents and

visitors are being asked to stay off the dunes on flagler beach to preserve what's left, whitson says the community needs to identify long-term solutions. >> we have city facilities here that have been here 100 years, and we want to keep it that way. >> reporter: as the tide creeps in, the problem grows, leaving the city and the coast on high alert. skyler henry, cbs news, flagler beach, florida. with depression, you just feel...blah. not okay. all...the...symptoms. need to deal with this. so your doctor tells you about trintellix, a prescription medicine for adults with depression. okay, feeling relief from overall symptoms. hmm.

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until recently, more people had walked on the moon than had been to the deepest part of the sea. that would be a place called challenger deep at the bottom of the mariana trench in the western pacific, seven miles beneath the surface of the ocean. more than six times deeper than the grand canyon. there's only one manned vehicle in the world that can get down that deep and lee cowan paid a visit to the guy who built it. >> reporter: when you see our big blue marble from space, it's striking really. we are so much more surf than turf, and even today so many of

our oceans remain largely a mystery, the stuff of tall tales of sea monsters and sunken treasure and daring adventures to the bottom. >> i'll never forget the disney version of 20,000 leagues under the sea. are you kidding? that probably put the kernel of the idea of saying, yeah, i want to submarine one day. why not? >> reporter: for most people that childhood fantasy would be crushed by the weight of adulthood, but not for texas adventurer and explorer victor vis co-vo. in 2016, he set about an around the world first, to dive to the deepest parts of all five of our oceans. how could this be that it's the year 2016, and we've never been to the bottom of four of our world's oceans? >> nobody. >> no one. >> part of the problem is there simply wasn't a manned vehicle cap capable. so he built his own, forged in fire. he called it "limiting factor."

>> okay, yeah, it's hard. but i thought that would be an amazing technological challenge and a great adventure. >> reporter: anything deeper than 20,000 feet is known as the headle zone, a reference to hades, the greek god of the underworld. it only makes up a tiny fraction of our oceans, about 2%. and that can make funding a trip to the bottom a pretty hard sell for the bottom line. >> so when you go to the accountants and you say, i need all this money to get that extra 2%, they say, no, you don't. >> reporter: australian sub pilot and engineer tim mcdonald. he never heard of someone financing a submarine by themselves, but vis co-vo, who had made a fortune in private equity, not only had the interest but pockets deep enough for the deed. >> once you're comfortable, i think there's a strong urge to try and do something helpful for the rest of humanity, and just the area that i've chosen is ocean exploration. >> reporter: he partnered with triton submarine, a small

manufacturer in vero beach, florida, who took on the challenge to make a sub that could dive to almost unlimited depths over and over and over again like a space shuttle to the bottom of the world. the first task was to design a hull that could withstand the weight of about 20 fully loaded 747s stacked on top of it. that's how much water weight would try to squeeze its occupants into oblivion. only a perfect sphere would distribute the pressure equally. they built one out of titanium. you got to be fit to be a submariner. sometimes to go big means to go small. >> oh, man, look at this. >> reporter: the capsule is just big enough to fit a pilot and one passenger and all the controls. >> i feel like i'm sitting in the first apollo capsule. >> you kind of are. >> the dive is scheduled for tomorrow. >> reporter: the primary mission planner, founder of ios expeditions, said no one had ever built a sub capable of more

than one dive that deep. were there a lot of naysayers? >> there would have been naysayers, but we purposefully kept the project confidential until we passed through sea trials. >> reporter: like deep sea creatures themselves, the sub mirsible had to work with the ocean's pressure, not fight it. even though the titanium capsule is over three inches thick, its two hemispheres are almost fluid. >> so they're not bolted together. they're not welded together. they're held together by a band which allows the sub mersibility to flex. >> reporter: the same is true for the three view ports which you might think would be the weakest points, but as tim explains, they're designed to essentially get more waterproof the deeper you go. >> the windows, the view ports are just acrylic, so it's just plastic. >> seriously? >> very, very thick plastic, yeah. and the fact that it's shaped as a cone so as the pressure gets

applied, it actually seals more and more and more. >> reporter: think of it as a champagne cork in reverse. the limiting factor is certified for depths more than 20% deeper than anything planet earth has to offer. a margin of safety that vis co-vo demanded. >> good to go. >> reporter: and yet until she was in the water, all bets were off. >> when we first started testing the submersible, there were all sorts of little creaks, pings, pops and of course any sound like this when you're in a submersible that you're at the timing as a test be concerning. >> to say the least. >> reporter: most of the places he's taken her down to, no human eyes had ever seen. his first stop was the deepest part of the atlantic, the puerto rico trench. what was that moment like for you? >> it was just wonderful to be in one of the most remote places on the planet with a vehicle of my own construction and literally having a stick in my hand, being able to go wherever i wanted on the bottom of the

ocean. like a kid, i felt like i was 10 years old. it was great. >> reporter: in the months afterward, the limiting factor did indeed reach the bottom of all five oceans, including several trips to the deepest of all, challenger deep. an abyss deeper than mt. everest is tall. >> is this the time i tell you -- >> reporter: in this particular mission in march of 2021, it was rob and tim's turn at the controls. while they knew they weren't going to be the first to go that deep, well, they found a way to make history anyway. and you hold the record for what? >> for the deepest beer hist >> reporter: turns out that depth-defying titanium sphere down in the frigid waters of the deepest place on earth makes for a pretty good beer cooler too. >> served best at the bottom of the ocean. >> reporter: it was a toast to ingenuity, to friendship, and to victor vis co-vo's childhood

dream. a real-life captain nemo who built a machine that is the

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a lot of people who gained a few pounds during the pandemic say they're having trouble taking it off. believe it or not, a lot of pets are having the same problem. michael george reports. >> reporter: 11-month-old cooper has tons of energy. it takes a lot for his owner, conner shaughnessy, to keep up with him. >> he's very, very highly energetic. we go out ming mum three times a day, hour, hour and a half per walk. >> reporter: when connor exercises, cooper exercises with him. >> whenever we go for runs, he's running at my side. >> reporter: new research suggests dog owners who are more active have more active dogs. and with more pets putting on pounding, researchers say that's a good thing. >> obesity in our companion animals in the long term can

lead to several detrimental health impacts such as cardiac disease, diabetes, mobility issues. >> reporter: obesity is a growing problem for pets. the association for pet obesity prevention estimates more than 100 million dogs or cats in the u.s. are overweight or obese. sidney wanten from the university of guelph authored this new international study that looked at dog owners living in france, germany, the uk, canada, and here in the u.s. >> we're hoping the results of this study encourage pet owners and veterinarians to promote both exercise and dietary habits, and it's been shown in humans as well that both together in combination are more successful in terms of weight loss than either one on its own. >> reporter: connor tries to keep cooper at a healthy weight with diet and exercise. >> you want to make sure they're going to live a nice, lodge, healthy life. you don't want any vet bills and you want your dog to be happy. >> reporter: and a healthy dog is a happy dog. michael george, cbs news, new york. and that's the overnight

news for this friday. reporting from the nation's capital, i'm caitlin huey-burns. this is cbs news flash. i'm dan lieberman in new york. the phones are ringing again in abortion clinics in indiana one week after a state ban went into effect. a judge blocked the ban, putting the new law on hold while abortion providers argue that it violates the state constitution. an 8-year-old boy in illinois who was shot in this summer's july 4th shooting in highland park outside chicago is back home after more than two months of treatment for his injuries. his mom and twin brother were also wounded in the mass shooting that killed seven and injured dozens of people. and tennis star roger federer will play doubles alongside his old rival, rafael nadal, in his final match of his career in london on friday. federer announced last week he's retiring at 41 because of an ongoing right knee issue.

for more news, download the cbs news app on your cell phone or your connected tv. i'm dan lieberman, cbs news, new york. we're following a number of big headlines, including severe weather and a major blow to donald trump's battle over classified documents seized from mar-a-lago. the newest set back for the former president. cbs's scott macfarlane reports tonight on trump's claim a president can declassify documents just by thinking about it. russian men flee the country. thousands head to the border to escape vladimir putin's draft. plus, cbs's debora patta shows us what was once the headquarters for russian soldiers. >> they fled in such a hurry, it's like a museum of panic. mortgage rates nearly double. cbs's elaine quijano on how the american dream is turning into a nightmare. >> it almost feels like it's

impossible to -- to buy a home. and eye on america. cbs's jonathan vigliotti reports on the natural resource helping an idaho mining town come back to life. >> announcer: this is the "cbs overnight news." tonight, the federal investigation into the top-secret documents seized from donald trump's florida home has resumed. the 11th circuit court of appeals ruled in favor of the justice department and criticized the former president's argument that the documents had been declassified. but in his first interview since the fbi search, the former president doubled down on that claim, saying just by thinking about it, he could declassify documents. also new tonight, the wife of supreme court justice clarence thomas, ginni, agreed

to an interview with the house panel investigating the january 6th attack on the capitol. the committee wants to speak with thomas about her possible efforts to help overturn the 2020 election. cbs's scott macfarlane will start us off tonight from the justice department. scott, good evening. >> reporter: jericka, cbs news has learned the justice department has resumed its investigation of those records seized from mar-a-lago as the number of investigations in the former president's legal peril continue to grow. the latest in a series of setbacks for former president trump. the three-judge appeals court panel in a unanimous ruling repudiated federal judge aileen cannon's decision to freeze the abed its disetion and that the public has a strong interest in ensuring that the storage of the classified records did not result in exceptionally grave damage to the national security. >> an almost embarrassing rebuke and overrule of the lower court's decision.

the court made it clear that it sees no reason for the former president to have any possessory interest in the classified documents he had in his personal possession in the basement of his golf club. >> reporter: the judges also said trump offered no proof to his claims he declassified the records and called the issue a red herring, that even if trump had declassified the records, the documents wouldn't belong to him. shortly before the ruling, the former president went a step further. >> if you're the president of the united states, you can declassify just by saying it's declassified, even by thinking about it. >> reporter: trump also seemed to undercut his original claim the documents were taken to mar-a-lago by accident, telling fox news -- >> because you're sending it to mar-a-lago or to wherever you're sending it. >> reporter: adding to the legal peril with investigations spanning from florida to georgia to d.c. to new york, the bombshell lawsuit from new york's attorney general, accusing trump and his children of lying for years about his wealth and his company. >> this was just a continuation

of a witch hunt. >> reporter: and now the january 6th select committee is preparing for a wednesday hearing to show more of their findings. >> donald trump, a man of considerable political talent, who is essentially lawless and ungovernable and incorrigible. so i see him as a one-man crime wave. >> reporter: cbs news has learned ginni thomas, wife of supreme court justice clarence thomas has agreed to an interview with the committee. her personal efforts to help overturn the election a key focus for the panel. meanwhile, the special master in the mar-a-lago case today said trump's lawyers have until the end of the month to raise any disputes about the items seized, including whether they believe the fbi lied about what was taken. the former president has claimed the government planted documents that weren't actually there. jericka. >> scott macfarlane for us at the justice department tonight. thank you. now to some severe weather. while hurricane fiona continues to track north towards bermuda,

forecasters are concerned about the next storm that is expected to impact the u.s. gulf coast next week. let's bring in meteorologist chris warren from our partners at the weather channel. good evening to you, chris. >> good evening, jericka. eyes on the caribbean. there's an area of disturbed weather, an investigation area. the national hurricane center giving this area of disturbed weather a high chance of development into a depression or a tropical storm in the next couple of days, the next day or two really, and it could form here and strengthen in a big way in the caribbean. so you need to pay attention from the gulf coast to the east coast. meanwhile, watching and waiting in bermuda for a category 4 hurricane. hurricane fiona going to get very close. and as the storm does move off to the north, jericka, it is possible this could be a historic storm for canada. >> definitely be watching that. thank you, chris. overseas now, russia's call-up of 300,000 reserve

troops to fight in ukraine has sparked outrage across the country. tonight ukraine's president volodymyr zelenskyy called on russians to protest, saying fight back, run away, or surrender. cbs's debora patta is in kyiv, where ukraine's army is reclaiming territory fast. >> reporter: no time to dodge this bullet. in scenes shown on russian television, only tearful farewells as civilians called up to fight in vladimir putin's war said their goodbyes to loved ones. those that could tried to leave the country to avoid conscription. traffic backed up at several russian border exits. many of these reserve soldiers have never fought in a war, let alone one that has even hardened russian fighters fleeing positions like this one in kharkiv. the men of senior lieutenant taras berezovets' special forces brigade led the charge during ukraine's offensive here,

tricking russian troops into thinking it would take place in the south of the country. instead, they hit a russian base here in northern nova husarivka, surprising soldiers playing poker. this is where russian troops set up their headquarters, and you can see -- look around. they fled in such a hurry, it's like a museum of panic. commanders escaped first, abandoning their troops in a nearby trench, where we still found a pot of food and religious icons. >> and the ukrainian forces effectussian not from the front. they've been outflanked, and that explains -- >> and outsmarted? >> and outsmarted. they were fleeing from here just like rats. >> reporter: this was supposed to be one of russia's elite units. it collapsed in a matter of hours on the first day of the offensive. putin begins referendums in occupied territories as early as tomorrow to push through a vote

to become part of russia, upping the ante even more. jericka. >> debora patta in kyiv, thank you for your reporting.

>> announcer: this is the "cbs overnight news." back here at home, americans are starting to feel the impact of the federal reserve's latest interest rate hike. mortgage rates are now at the highest level since 2008. the 30-year fixed rate has almost doubled this year from january's 3.22% to today's 6.29%. well, in tonight's "money watch," cbs's elaine quijano reports on buyers who worry owning a home may soon be out of reach. >> i do like the neighborhood. >> reporter: bernard and anna boucicaut started house hunting in suburban new jersey more than a year ago. what's it like in this market as

a first-time home buyer? >> it almost feels like it's impossible to -- to buy a home. the prices are still way too high for what you're going to get. >> reporter: those high prices along with high mortgage rates and low inventory have put many homes out of reach for prospective buyers. realtor hope rosenberg sees it with some of her own clients. >> you're a first-time home buyer and your step-up buyer are being most affected. the step-up buyer who will currently sell in this market will get a lot of money for their home, but they're going to be paying a premium for their next home. >> reporter: the median existing home price in august was nearly $400,000, an almost 8% jump from august of 2021. so for a $300,000 mortgage, the monthly payment would be $1,855, $554 more than at the end of last year. cbs news business analyst jill schlesinger. >> still the pace of the

increase is pretty stunning at a time when home prices have not really fallen yet. >> reporter: the boucicauts say they're committed to finding that perfect home for their family of four. what would buying a home for the first time mean for you? >> so -- >> it's part of the american dream. >> it's part of the american dream. you want that little piece, you know? your land so you always have something you can give it to your kids. >> reporter: while interest rates are the highest they've been in 14 years, jericka, analysts say it's a long way from the 14% or even 16% rate seen in the 1980s. >> very good point made. elaine quijano for us in new york, thank you. today the u.s. hit iran's so-called morality police with new sanctions. violent protests have erupted across iran following the arrest of a young woman who died in police custody after she was accused of violating rules on head coverings. at least 17 people have been killed in the protests. well, conspiracy theorist

alex jones testified in a connecticut courtroom today less than 20 miles from the site of one of the worst school massacres in u.s. history. for years, he falsely claimed the mass shooting was fake. now sandy hook families want him to pay for spreading lies. here's cbs's nikki battiste. >> reporter: alex jones sat before the very judge he previously called a tyrant. >> and you actually use that word a lot with your audience. you call people tyrants, don't you? >> only when they act like it. >> reporter: the infowars host is trying to limit the financial damages judge barbara bellis ordered jones must pay for promoting lies about the sandy hook massacre. >> you acknowledge that among the things that you said about sandy hook was that it was fake, yes? >> yes. >> synthetic? >> yes. >> manufactured? >> yes. >> with actors? >> yes. >> reporter: the lawsuit claims sandy hook families and a first

responder at the massacre were harassed and even threatened after the infowars host called the murders of 20 children and 6 adults a hoax. david wheeler, who lost his 6-year-old son benjamin, testified wednesday. >> people were, you know, accusing me of lying, telling me ben never lived, telling me that i was going to burn in hell. >> reporter: last month, alex jones was ordered to pay nearly $50 million to another sandy hook family. the damages in this case could be even higher, and jones faces a third trial later this year. jericka. >> all right. nikki battiste for us tonight. thank you. with less than 50 days until the midterm elections, the latest cbs news battleground tracker poll finds two very close races in georgia. democratic senator raphael warnock leads his gop opponent, former nfl star herschel walker 51-49 while republican governor

brian kemp, in a highly anticipated rematch with democrat stacey abrams, leads that race by just six points. here's cbs's nikole killion. >> and so i want you to know cobb county, that i'm ready. >> i'm going to represent georgia. >> reporter: in battleground georgia, the senate race is shaping up as a clash between personality and partisan politics. why do you think this race is so close? >> i'm going to stay focused on working for the people. >> reporter: according to cbs news battleground tracker, democratic incumbent senator raphael warnock gets favorable marks on character and experience compared to gop challenger herschel walker. >> i believe reverend warnock is the better candidate. >> reporter: the race has turned increasingly divisive with both candidates recently agreeing to debate. >> if you're not ready for a debate, you're not ready. >> and he's a preacher. he's a smart man, wear these nice suits. so he's going to show up and embarrass me at the debate. >> reporter: the trump-backed

heisman trophy winner has been plagued by gafz and accused of lying about his past though he insists he's been transparent. >> i haven't seen any politician who's a saint. >> reporter: in the race for governor, the state of the economy drives voters with more than half saying it's going well in georgia compared to the rest of the country, giving governor brian kemp a six-point edge over rival stacey abrams. >> i'm going to run on my record, and we've got a great economy here in the state of georgia. >> reporter: abrams is seeking a rematch after narrowly losing to kemp and helping the state flip twice for democrats in the past two years. how confident are you that this same playbook will help you again? >> with the erosion of voting rights, with the erasure of reproductive rights, i know the people are animated. >> reporter: in a state bracing for record turnout with early voting just a few weeks away. nikole killion, cbs news, atlanta.

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living on this mountain. >> how many people live there now? >> just squirrels. >> reporter: mayor wayne alson brought us here to see his town's past and in the valley below, what he hopes is its future. water sustainably harvested from a local spring, bottled and recycled american-sourced aluminum at this mackay plant, and shipped around the country by people like sixth-generation mackayan kelvin krosch. >> our water is second to none, just the taste and the natural purification. >> reporter: locally it's celebrated for helping bring new life to a town that, like its mines, nearly shuttered. >> the city was about to have to close the school down because there wasn't anything here, not enough students in school. >> reporter: proud source co-founder and mackay native ryan donahue asked his friend c.j. pennington for help. >> it wasn't from a place of, hey, i have a great business idea and i'm going to make all this money, come join me. it was, i need to create ten jobs.

>> reporter: in 2016, the city offered them a license for water access and a five-year incentive. create five full-time jobs while using no more than 5% of the spring's water, and the city would give them the deed for the land. how many jobs now? >> we have 32 in mackay, and i think we're the largest employer in mackay as well. >> reporter: not bad for a town of 500. this year the company projects sales of $50 million. and there's been a ripple effect. last year's senior graduating class was more than double the one just three years earlier. >> we've got quite a few new families. we've got a lot of new construction going around. i love to hear hammers and saws because that means there's progress. >> reporter: progress for an old mining town from a new source of pride. for yt eye on america," jonathan vigliotti, mackay, idaho. do you have a life insurance policy you no longer need? now you can sell your policy - even a term policy - for an immediate

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a united airlines flight had to circle back to newark international airport wednesday night after sparks and debris shot out of the plane shortly after takeoff. the boeing 777 circled over the ocean for nearly two hours to burn off fuel before safely making an emergency landing. tonight a california man is banned for life from flying american airlines and is facing criminal charges. he was caught on camera punching a flight attendant wednesday during a flight from mexico to los angeles.

passengers subdued the man for the rest of the flight. the injured flight attendant was taken to a hospital. well, coming up next, a majo

a man who once ran mississippi's welfare agency pleaded guilty today to federal charges in the largest public corruption case in the state's history. john davis admitted to misspending millions of dollars that were supposed to help needy families. others linked to the scandal include retired nfl quarterback brett favre and former mississippi governor phil bryant. tesla is recalling more than a million vehicles in the united states. the world's largest electric vehicle manufacturer says there's problems with the automatic windows. the window could continue closing when something is in the way. the recall covers certain models between the years of 2017 and 2022. those vehicles need an online software update. stay with us. we'll be right back.

finally tonight, 8-year-old cooper roberts is back at home after being severely injured during the shooting on the fourth of july parade in highland park, illinois, that killed seven. roberts' parents made the announcement, saying they were filled with gratitude, love, and wholeness now that cooper has returned home to his twin brother, four sisters, and his french bulldog, george. cooper had numerous surgeries and months of rehabilitation after the shooting, which paralyzed him from the waist down. and that is the overnight news for this friday. for some of you, the news continues. for others, check back later for cbs mornings. and of course follow us online

anytime at cbsnews.com. reporting from the nation's capital, i'm jericka duncan. this is cbs news flash. i'm dan lieberman in new york. the phones are ringing again in abortion clinics in indiana one week after a state ban went into effect. a judge blocked the ban, putting the new law on hold while abortion providers argue that it violates the state constitution. an 8-year-old boy in illinois who was shot in this summer's july 4th shooting in highland park outside chicago is back home after more than two months of treatment for his injuries. his mom and twin brother were also wounded in the mass shooting that killed seven and injured dozens of people. and tennis star roger federer will play doubles alongside his old rival rafael nadal in his final match of his career in london on friday. federer announced last week he's retiring at 41 because of an

ongoing right knee issue. for more news, download the cbs news app on your cell phone or your connected tv. it's friday, september 23rd, 2022. this is the "cbs morning news." panic in russia. people begin to flee, turning border crossings into parking lots. why they're rushing to get out seven months after the country invaded ukraine. fiona's fury. powerful waves in the atlantic as the hurricane moves north. the dangerous threat it now poses to canada. i've apologized to the parents over and over again. i won't apologize to you. >> objection. objection. >> courtroom chaos. the second defamation trial against alex jones turns into a shouting match after hours of testimony. good morning, and good to be with you.