captioning funded by cbs good morning. it is february 1st, 2017. welcome to "cbs this morning." president trump's pick for the supreme court vows to be a faithful servant of the constitution. neil gorsuch heads to capitol hill this morning where democrats vow to fight. david boies is here. they plan to equip 20,000 officers with body cameras how the new technology is changing the dynamics between the police and the community. and major airlines plan to offer new discounts with a catch, the basic economy service that puts standard features like overhead bins off limits. but we begin

opener in 90 seconds. in a house of history i'm acutely aware. i plan to obey the constitutional laws of this great country. >> this is a phenomenal pick. this is remarkable. this may be a happier day than when president trump was elected. >> the nomination had to be very carefully scrutinized. >> i think there are going to be an enormous number of senators who decide this person is not suitable. >> this is a very bad decision, well outside the mainstream of american legal thought. >> i'm mucho happy about this pick. >> the mere idea that they're not even showing up to hearings is truly outrageous. >> democratic senators staged a boycott refusing to vote on

several of president trump's presidential picks. >> a plane made an emergency landing following a bomb scare. passengers were evacuated. >> thieves stormed a ft. lauderdale jewelry store. it took less than two minutes to steal thousands of dollars in jewels that oh, deer. that's what these employees must have been saying. former astronaut buzz and bill nye the science guy. >> 50 years in broadcasting. >> maybe you'll pay me a visit at my new place in las vegas. why not. we can share a cold one and maybe a win or two. >> -- on "cbs this morning." jon stewart stops by the "late show" to talk trump with stephen colbert. >> it's been 11 days, stephen. the presidency is supposed to

age the president, not the public. >> announcer: this morning's "eye opener" presented by toyota. let's go places. welcome to "cbs this morning." neil gorsuch is president trump's pick to fill the vacancy in the supreme court. he's built a consistent conservative record as a judge. the president calls him a man who our country really needs and he says the nominee's qualifications are beyond dispute. >> the 49-year-old gorsuch is a member of the 10th circuit court of appeals in den very. he's the youngest high court nominee since clarence thomas in 1991. his outlook as a judge is similar to the late justice an toe lynn scalia. >> he went to law school with former president obama who tried and failed to choose scalia's

replacement. jan crawford with the nominee and the fight ahead. good morning. >> reporter: good morning. candidate trump promised he would nominate conservative justices to the supreme court and as he unveiled his first nominee last night, he said he was fulfilling that promise. >> millions of voters said this was the single most important issue to them when i became president. i am a man of my world. >> reporter: at the time president trump introduced his supreme court choice to the nation. >> today i'm keeping another promise to the american people by nominating judge neil gorsuch. >> reporter: the 49-year-old federal appeals court judge appeared moved by the idea of replacing a conservative giant. >> justice scalia was the lion of the law. agree or disagree with him, all of his colleagues on the bench cherished his wisdom and humor and like them i miss him.

>> reporter: addressing a roomful he echoed his conservative judicial philosophy. >> our legal order, it's for courts not the congress to write the new laws. a judge who likes every outcome he reaches is very likely a bad judge. >> he's been compared to judge scalia with his sharp intellect but not his sharp elbows. he has no specific rulings on abortion rights in his 2006 book on "assisted suicide," he argued that practice as a taking of life. born and raised in colorado, gorsuch moved to washington, d.c. as a teenager when president reagan tapped his mother to become the first mother to head the environmental protection agency. >> he moved in circles in washington and oxford and all

these fancy places but at his core he group in colorado, felt he was a part of the west, felt that was his home. >> attorney mark hanson recruited him. >> when i practiced with him, he was the guy who was always willing to listen to colleagues, to adversaries, courts. he was not hostile or adversarial in his manner. >> reporter: those qualities could help build consensus on the court, yet minutes after mr. trump trump's announcement, liberal protesters flocked to the streets of the steps calling his pick extreme. others promise a close scrutiny of his record. you know, the white house was actually quoting a legal expert as saying he would be impossible to oppose, but in this political climate, it seems like nothing is impossible. norah? >> that is true, jan. thank you so much. judge gorsuch will be on capitol hill meeting senators who will decide his nomination. gorsuch will need to get past

senate democrats who are still furious that republicans block mayor garland's supreme court nomination. nancy cordes is on capitol hill with the brugrueling fight. >> they refer to this as a stolen seat. they believe it was president obama's right to name this supreme court justice. they have threatened to hold up the nomination for an undefined period of time. some have said they are going to vote no. others say they have a lot of questions. >> i have very deep serious concerns as to whether he is in the mainstream. >> like many senate democrats connecticut's dick blumenthal expressed skepticism but not outride opposition. >> i'm troubled by his stance on privacy rights, particularly women's rights, health and public safety. >> republicans meanwhile were thrilled praising gorsuch as

impressive, consistent conservative. >> i think it's very tough, very tough to attack this judge's credentials. you look at his ju dishlg experience. great temperament. >> that temperament helped him win unanimous approval in 2006 when he was up for appeals court judge. among those who did not oppose his nomination then senators barack obama, hillary clinton, joe biden and then chuck schumer. he had one criteria. >> nominate a mainstream person, not out of the mainstream. >> last night schumer said i have very serious doubting about judge gorsuch's ability to meet that standard. >> today i am nom nagt chief

jud judge merritt garland. >> this is the beginning of a four-year term. this is not in the middle of a presidential election. >> it takes 60 votes to confirm a supreme court judge but republicans have left it open to knock it down 51 to blow up the fill buster depending how long democrats stall. they view that as a last resort, charlie, because it could come back to bite republicans when they're in the minority. >> thanks, nancy. attorney david boies was in front of the supreme court. he also fought to overturn the gay marriage ban paving the way for marriage equality. we're pleased to have him. welcome. >> good to be here. >> he is enormously brilliant as an attorney? >> absolutely. and i think as a judge president

trump was right last night when he said he is somebody with tremendous legal skills, a brilliant mind, outstanding discipline. i think all of those things are true about him. i also think he is somebody who is not in the i'd loe'deologica mainstream. >> ideologically where is he compared to justice scalia? >> maybe a little more conservative on some issues than justice scalia. he's got a wide variety of views. he's been on the court of appeals that doesn't have quite the same mix. >> let me understand, david. are you recommending that the democrats not support him? >> i think the democrats have got to take a very careful look at him. this presents a dilemma, i th k think. you have somebody who is a brilliant legal mind, somebody who if you had an academic test

for judges would pass all those tests. on the other hand, he is not in what i believe to be the mainstream of judicial laud. and one of the things we learned from judge garland is it's not enough to be a brilliant judge. it's not enough to be a great judge. if that were true, there wouldn't be a vacancy. judge garland would be in that seat. >> you heard lindsey graham say a minute ago he's mucho happy. the democrats appear to be mucho mad. it seems we're going into a tit for tat situation. the democrats are still bruised because of what happened with judge marek garland. do you think it's now becoming such a political issue and not what's important for the supreme court? >> i think it's both. i think what is important for the supreme court is that you do have ideological balance. you can't have a rule that only republican presidents get to appoint supreme court justices and the democrats have to sep whoever the republican puts up.

i think it's unfortunate i was on this program a few months ago. i think it's unfortunate he wasn't confirmed. i think it's important that they appoint people who are a sure vote for the left and the right. >> there ooh's a lot of talk about the second pick president trump gets to make. of course, gorsuch would replace another conservative, scalia. but there's information from "the new york times" that it would allow kennedy the idea that perhaps he could retire and that's the swing vote. >> that's the second shoe to drop and obviously very important. >> one strategy i heard, let this one go and really save your fire for the potential kennedy vote? >> i don't think people are going to see it that way. the senate has got a responsibility to advise and consent. it requires 60 votes. if the republicans want to abandon the 650-vote requirement

they can do that, but there will be a time when the democrats are in the majority. >> here's what's interesting about this. when he was confirmed by the senate for the court of appeal, it was almost a unanimous vote. >> same thing with justice garland. people will be confirmed. >> it always comes back to this. because you did this to garland -- >> i don't think it's that so much. it's not so much tit for tat. you've about got to have balance and if you don't have blaalance you don't have a balanced supreme court. so you've got to have the same rules, republicans and democrats. if you don't do that, you don't have balance. >> david boies, you always have the last word. always good to see you. >> thank you. a key american ally is using strong words. he calls the trump administration a threat to europe in the same category as russia, china, and radical islam. homeland security secretary john kelly is defending the rollout and enforcement of the

president's temporary travel ban for seven mostly muslim countries. margaret brennan is at the white house. margaret, good morning. >> good morning. president trump supporters want action on immigration. according to the latest reuters poll, 49% of americans approve of this executive order but a growing number of supporters and u.s. allies claim it may backfire. >> we must defend and protect networks and data. >> he postponed an executive order on cyber security as fallout from the travel ban continued. >> this is not, i repeat not a ban ominous limbs. >> john kelly insisted border agents fully complied with orders and said 721 u.s. visa holders had been turned away. >> certainly didn't learn about it on an airplane. >> kelly denies reports that he was surprised by president trump's sweeping executive order.

>> we did know the e.o. was coming. we did have people involved in the general draftzing of it. >> amid the scrambling to get executive actions for allies. they argue the ban does not make america safer. more than 400 u.s. officials who served under past presidents under both part is also sent a protest letter. >> we want to ensure that we're not admitting into our country the very threats our soldiers are fighting overseas. general the ban. >> it puts the european union in a difficult situation. >> in an unusually critical

statement tuesday, the leefrt the european union referred to the president of the white house a universal threat. >> making it a new american administration all make our future highly unpredictable. >> and that eu leader said mr. trump's actions call into question the past 70 years of american foreign policy. charlie, today homeland security chief kelly heads to texas to meet with employees and talk about securing that border with mexico. >> thanks, margaret. the trump administration is taking new steps to push ahead with the controversial dakota oil pipeline. another said the army corps of engineers has been told to secure a permit to complete the project. native americans and their supporters have been poopposing the pipeline. they're worried of contaminat n

contamination. the results released overnight showed the 2017 tesla model s came up short. the bmwi 3 also got lower. the shelf have volt came on top along with the prius prime. demarco is here with what led to these results. good morning. they received the top safety pick award. the two models fell short in at least two safety categories. one of the tesla crash tests it performed looked like it could put the driver at risk. the iihs put the cars through a test. it was called a small overlap front crash test where they earned the lesser acceptable

rating. >> the dummies moved too far forward into the airbag and his head hit the steering wheel through the airbag. we also measured elevated forces on the dummy's leg indicating possible injury to the leg itself. >> reporter: tesla released a statement saying one of the improvements recently introduced in jab 2017 received an acceptable test and we expect new tests to yield the heist possible rating, good rating, in the crash worthiness category. the tesla model also received a poor rating measuring aspects like brightness and visibility on curves. >> this was considered a fail though it should be noted the headlights are not necessarily unsafe. they meade the motor vehicle safety standards. >> in giving top honors to them they did well a in all safety categories as well as preventing

crash systems but analysts note they are far above the industry norm. >> for people who own a tesla, you're fine. for people who are going to buy a tesla, tesla has said they're going to address these concerns, you'll be fine too. >> this is not the first time tesla has had to defend its safety standards. nhtsa recently released it's findings after a car who was test driving the model s was killed. they could not identify any safety-related defects. we reached out but have not heard back. norah? >> thank you. body cams are meant to bring police officers and people together. the

big airlines are rolling out cheaper plane tickets.

>> but kris van cleave reports you will have to pay a price for the discount. ultra low carriers like spirits are making big bucks with very cheap airfares. now the major airlines are looking to take back customers by doing their own version of what they call basic economy, but there's a catch like you can't use the overhead bin. >> you're watching "cbs this morning." y28cny ywty neil laand at kay jewelers,or hollywood's biggest stars. he designs them for you, too. you know the saying, "they don't make 'em like they used to?" i still do. kay, the number-one jewelry store for... yes. ♪every kiss begins with kay. your body was made for better things than rheumatoid arthritis. before you and your rheumatologist move to another treatment, ask if xeljanz is right for you.

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good morning i'm jim donovan. police foil an attempted abduction and now manhunt is underway for up to four suspects, authorities say it is a tip that led them to port richmond where officers witnessed an abduction, police gave chase and suspects crash. one suspect thinks custody. woman was not hurt. lets get a check of the weather with katie. >> good morning, jim. today is a daze where we will end up with sunshine and milder than average afternoon but we have a breeze that will be picking up. not terribly strong, this is a hive look outside kutztown area middle school where it is 29, cold start there but we are in the the 40's right new lower 40's in philadelphia. so we are expecting that day time high to certainly well exceed what is typical for this day of the the year and we will get to you flirt with

50 degrees here. but factor in the the breeze. blustery and turning chilly in the next couple days, meisha. >> thank you so much. looking outside right now we are still tracking an overturn tractor trailer i-95 south to the ramp to the northbound blue route. here's a still shot of the crews trying to get this remedied for you. you cane backups driving by, they are substantial. only traveling ten to 15 miles an hour, on i-95 pushing in the southbound direction in that area also another accident city avenue presidential boulevard one lane blocked there and accident in new jersey route ten southbound head up on that more coming up in a bit, jim. our next update 7:55. up next this morning how police force is a cross the country are using body cameras , i'm jim donovan, make

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that's great music for this video. spectacular video. that's the word. capturing a large stream of bright red lava pouring into the pacific ocean. as the molten lava hit the sea it sent an explosion of ash and steam high into the air. the kilauea volcano has been erupting for decades. it started drifting into the ocean when a cliff collapsed over new year's eve. >> it look like a painting. coming up this half hour, new york city plans to have over 20,000 police officers equipped with body cameras in the next few years. see how the washington, d.c. police department is adjusting to the new technology.

they recording 34,000 hours of footage in the first month. plus, pack light and save on flying. soon airlines will offer bargain fare if you give up overhead bins and other things. the raid saturday at an al qaeda base was the first counterterrorism operation approved by president trump but navy s.e.a.l.s faced trouble from the start. they lost a failed atachlkt david martin says at one point the s.e.a.l.s were pinned down. the situation was dicey enough that defense secretary james mattis was pulled out of a dinner event. him and the officials say women and children were killed in the operation. american officials could not immediately confirm those deaths. the "los angeles times" reports on los angeles firing a

lawsuit against the trump administration ore its crackdown on sanctuary cities. the city claims that his executive order to cut federal funding from cities is unconstitutional. san francisco is one of over 400 cities. they pretext immigrants in the country from deportation. volkswagen agreed to pay at least $1.2 billion to compensate owners. about 80,000 vehicles are affected. auto parts supplier robert bosh also agreed to pay more than $327 million for devising software that allegedly helped volkswagen cheat. bausch is not. the group that runs amateur football nationwide suggests using six to nine players per side. deals would be smaller. kickoffs and punting would be eliminated and kids would crouch

to start plays. "usa today" reveals findings about how prolocked space travel can affect astronauts including slowing dna changing. scientists compared scott kelly's condition in space compared to that of his earth-bound brother. that's mark. he did return to earth a full two inches taller. short men are saying sign up. that's a lot. >> i read this yesterday. his telemears were longer. they must have learned so much. i'm excited to hear more about that. >> it's good they have two of them to compare. >> a real comparison, nice. the new york police department is implementing the largest body camera program.

more than 20,000 will wear them by 2019. up to half of the country, roughly 18,000 law enforcement agencies are adopting them. jeff pegues is at a police station in washington with how the technology is changing the dynamics between law enforcement and citizens. jeff, good morning. >> reporter: good morning. we're in washington, metro p.d.'s first metro station. there are 100 body cameras on this wall. every day officers take them out of the charging dock, put them on their chest and hit the streets. it's look at interactions between the police and community all m.i.t. members on a pennsylvania control will be wearing body cameras. >> reporter: on tuesday the largest police department in the country joined thousands of others whose cameras are already

rolling. >> 5,000 will be deployed by july of 2018. >> you have people out there in kmurnlt, they're asking for transparency. >> reporter: peter is with the police department. >> how much of a role does it play in transparency? >> it's a huge role. that's the thing folks have to keep in mind. the community really wants this. >> reporter: nearly 3,000 of his officers are outfitted with body cameras. then they would hit the button twice. >> recently commander ralph ennis showed us how they work. >> from the time i hit the button it's recording video and audio. >> so it's recording me right now. >> yes. >> lindsey miller good ison is with the center of police management, a policing think tank. she said the devices are only useful if officers are trained properly. >> it undermines the purpose if

officers aren't turning them on. >> reporter: the p.d. adjusted its policy after a police officer failed to turn on his body camera last year when there was a fatal shooting. >> what is the protocol. >> almost any time they have an interaction, they're required to turn it on. when the dispatch gets a call they have to ask if they turned their body camera and and they have to admit that they have. >> reporter: there's over 34,000 footage that including a spike for the presidential inauguration. body crams are now an industry. vendors like taser international not only sell the pricey cameras but video storage space along with it. the company booked $180 million of business in the first if three quarters of 2016 alone.

>> data storage is one of those logistical things that's become a huge policy issue. it does cost a lot. questions, how do you make sure it's not been altered. >> reporter: police chiefs will tell you that implementing the cameras remains a work in progress. >> law enforcement is trying to do the right thing for our department in particular. for them to embrace this body one camera says to me folks feel leak they're doing the right thing almost all of the time and they want everybody to see it. >> reporter: to that end metro p.d.s sometimes upload body cam info to youtube. they can keep it for up to 0 days if the officer is involved in a potentially criminal encounter. gayle. >> thank you so much. ahead, how the bargains will cost you storage space and why the carriers say the discounts

benefit them. and we invite you to subscribe to our "cbs this morning" podcast. you'll get the news of the day, extended interview, and we've got podcast originals. you can find them all on itunes podcasts and apple. we'll be right back. how to brush his teeth. (woman vo) in march, my husband didn't recognize our grandson. (woman 2 vo) that's when moderate alzheimer's made me a caregiver. (avo) if their alzheimer's is getting worse, ask about once-a-day namzaric. namzaric is approved for moderate to severe alzheimer's disease in patients who are taking donepezil. it may improve cognition and overall function, and may slow the worsening of symptoms for a while. namzaric does not change the underlying disease progression. don't take if allergic to memantine, donepezil, piperidine, or any of the ingredients in namzaric. tell the doctor about any conditions; including heart, lung, bladder, kidney or liver problems, seizures, stomach ulcers, or procedures with anesthesia. serious side effects may occur, including muscle problems if given anesthesia; slow heartbeat, fainting, more stomach acid

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american airlines will soon start offering a basic economy ticket later this month. the move follows a similar announcement by united airlines. passengers who buy the cheaper seats cannot sit where they want or brick on a full-size carry-on. yikes. they also will not be able to change flights. kris van cleave is showing why major airlines are making this change. kris, i never thought of an overhead bin as a perk. good moshing to you. >> reporter: good morning. it's a perk now. we know that the vast majority of flyers buy their tickets based solely on price, which is why they've been filling spirit

als flig airline flights like this one. you only get the space underneath and if you want to use something like the overhead inbound, forget about it. the basic fares will save you money but it will cost. you'll be last to board, you can't choose your seat and if you have extra carry-on, you'll be forced to check it. these restrictive bargain tickets come as ultra low fare carriers like spirit are increasingly competing for customers. when we checked round tripp nonflight trips from chicago to los angeles, we found spirit's pair fare lower. spirit says on average their cost is at least 30% cheaper than major airlines even after paying for a bag, a seat assignment and a bench onboard.

>> when it comes down to lower costs and the convenient, i'll take convenience. >> reporter: united and american believe their no overhead bin ticket will be competitive. they'll attract fare focused flyers. >> they've got to wring every nickel with the new fees. >> reporter: chuck schumer is working on legislation to forbid the charge for overhead bins. the binless flyers give somebody a new way to save. >> an airline is offering a cheaper product for customers who want to -- they're budget-conscious and they want to find a way to get from point a to point b. >> they're segmenting their aircraft. first, business, coach, and no class.

>> reporter: cbs news travel editor peter greenberg. >> they'll find this so inconvenient that they're going have to upgrade and pay the price. >> reporter: spirit was the first in the u.s. to essentially charge for overhead bin space. does that hurt the business? >> not at all. our customers want to pay for what they want, not pay for things they don't want. >> we ah you you to pick and choose your travel experience. you're being told what the experience is going to be and i think they're going to find some people who aren't happy with it when they get it. >> reporter: exact pricing hasn't been announced but we know the fares will be yaus or loose, no cancellations. but they say once you get on the plane, everything will be pretty similar except no bins and you're probably going to be in a middle seat. >> middle seat is no fun. at least you have options.

the bottom line is you want to get there and get there safely. >> i guess you stick the bags under your seat which means you have leg leg room. >> that's hard. would you like to weigh in, mr. rose? >> no. i just like go in ultimate comfort. >> i'm with you. thank you, kris. you can see a breakdown of the differences between each airline on cbsnews.com. accusations of planch ruchl lead to questions of the president's new education pick. ahead question oar going to take a look at betsy devos with someone who knows the job. margaret kelly who was under

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video shows theramatic rescue of the baby. the family's suv sinks into the water. they were apparently trying to get on a ferry in china when something went wrong. the suv was a total loss. the good news is everyone in the family is a-okay. >> don't you love what the dad did. you do everything. your adrenaline kicks in. as you said, norah, everyone is okay. we rush to this. science has turned to a coral reef system that has never been seen before. the discovery was announced last week. the system stretches about 700 miles. oceanographers are in a hurry to study the reef because the area has been designated for oil

exploration. got it. the two men in prison for murders they didn't commit are out. they're now helping others. you're watching "cbs this morning." thank you for that. we'll be right back. for patients like lynn, advanced genomic testing may lead to other treatment options that can work. learn how genomic testing is changing the way we fight cancer at cancercenter.com/genomics kids, juicy fruitmmmm with longer-lasting flavor? mmm (zipping)

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good morning, i'm jim donovan. the registration for the annual broad street run is now opened. this year the 10-mile race capped at 40,000 people, to maintain safety, if you are thinking of running, on may seventh you'll have until february 13th to register. you can do that on cbs philly .com. >> lets send it over to katie for a look at today's forecast >> good morning, jim. we are expecting a day above average. however you'll to have factor in the wind. here's where we stand normal high february 1st is 41. that is where we are the at philly international at this hour. temperature is colder though certainly if you go in the outlying suburbs, this wildwood at 40 degrees and coldest spot is mount pocono at 30 at this hour. we are expecting moderation up though, flirting with 50 by day's even, quiet pattern but

breezy for next couple of days notice that and late in the day sunday a light round of snow works its way in, meisha. >> we are still talking about this overturn tractor trailer that was scene out there since 4:00 this morning. fifty-nine south to the ramp to northbound blue route is still closed. crew is still out there. backup urn ising that are pretty significant. look at the this 10 miles an hour trying to go by maybe slower at this point. plus an accident city avenue at 61st street one lane block there and a accident new jersey route 130 southbound with the down pole at market street, right lane is block there, jim. >> thanks, meisha. our next update 8:25. coming up on cbs this morning controversy over president's pick for education secretary. i'm jim donovan. make it a great

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. it is february 1st, 2017. welcome back to "cbs this morning." more real news ahead including supreme court nominee neil gorsuch. jan crawford looks at his record as a judge and his chances of getting through the senate. but first here's a look at today's "eye opener" at 8:00. candidate trump promised he would nominate conservative justices. >> he's a money of our country and a man who our country really needs and needs badly. >> many democrats refer to this as a stolen seat. they believe it was president obama's right to name this justice. >> are you recommending that the democrats not support him? >> this presents a dilemma.

you have somebody who's a brilliant legal mind. on the other hand, he is not in what i believe to be the mainstream of judicial law. >> supporters want action on immigration, according to a poll, 49% support him. >> spectacular video that captured a bright stream of lava pouring into the ocean. pretty stuff. >> it doesn't look real. >> it really doesn't. it looks like a painting. >> donald trump pick his supreme court pick. i'll never forget where i was. >> we decided to preempt our program to make this prime-time. usually it's done in the morning. this is the first time the supreme court has interrupted an episode of ncis, so this is vintage. >> i'm charlie rose with gayle king and norah o'donnell.

president trump said the flom nation of neil gorsuch fulfills another promise he made to the american people. the supreme court justice was picked to fill the seat since antonin scalia died suddenly a year ago. >> he served on the circuit court of appeals for ten years. president trump said last night the qualifications of judge o gorsuch are beyond dispute. some democrats say they already oppose him. our jan crawford was the first to talk with him. she's here to discuss it with us. i heard this morning one of his clerks describes him as a normal dude. he skis, fly fishes, but what can you tell us about his judicial history? >> reporter: well, gayle, people who know him describe him as a

learned man not only in the life and law. remember he's got a dock tar rat on philosophy from oxford. he's written extensively about religious liberty in clute cluding a case where he sided with religious employers. you're going to hear a lot about that case. but he has a very clear judicial record and sterling resume. >> where do you think his line of attack will be? will it be the religious question? >> it will be on abortion and whether or not he'll move the court dramatically to the right, which, of course s not going to happen. he's replacing a conservative icahn in the place of justice scalia. but he has that sharp intellect like justice scalia and buh not the sharp elbows.

many think he will serve them well. you can't do anything at the supreme court by yourself. you have to persuade your colleagues. sometimes scalia struggled with that. >> he clerked twice for white and kennedy. >> justice white thinks very highly of judge gorsuch and so he will be now returning to the court if confirmed before the summer to serve with the justice with whom he clerked. that's never happened. there's wide speculation justice kennedy will be stepping down this summer or neck that. will give president trump a second nomination. the senate education committee narrowly voted to support betsy devos but the "washington post" says she's facing accusations that she plagiarized answers from other sources to fill out the committee's questionnaire.

she's also been krit side for her performance at the hearing and her qualifications for the judge. at least two have not committed to fully supporting her. margaret spellings was education director under president george w. bush and joining us from recalling. >> good morning and friends. >> margaret. betsy devos has spent a lot of money supporting charter schools. she wanted to expand charter schools. president trump said he's going spend money to help. what is betsy devos going to do for education. >> i think the question is what is she going to do for children across the country. certainly charters and choice are part of that recipe, but we also know that most our students are going to be attending public

schools and so that's where accountability and all the other things in the didn't of education will come into play. i expect her to listen a lot. this is the era of the states and i expect that she'll be an honest broker and a great leader for all of our schools. >> do you have any question about her commitment to public education? >> you know, i don't. i think her record is ore the many decades she's been involved on the battle field, fighting for school reform, fighting for opportunity for students in michigan and around the country. she has an open approach to where those are provided whether it's charter or any school. the question is where can we find the best education for student, not what's the name on the door. >> word is you've been advised her because you certainly know this job. what did you say to her, number one, that you care to share with us and what are the biggest challenges she faces if she is

confirmed? >> i advised her to get out about the country and learn and listen. any of us who take the big jobs in wag know you don't know anything about the department until you get if there there, asenl a great team around you, that's key, and go to the hearts and minds of people who work in schools and universities around the nation and i know that she's going to do that. you know, this is the era of states and local districts. this is where the action is. and so i think she's going to dee pursue a deregulation agenda, free them closing around the achievement gap. >> talked recently to bill gates and another leading philanthropist who basically said they spent a lot of money and it's so very hard to change public education. what's the problem? >> well, i think often the

interests of adults is put before students. that's why i'm so encouraged by betsy's commitment to really a student center approach. we talk a lot about pay and benefits and tenure and all those things that are really adult issues and often lose sight of student issues. that is a refreshing new look at things. that's why accountability is so importa important, that we understand what the bottom line is for students. >> we hear about plagiarism. is that of concern? >> she had a lot of help with composing answers. that's a gotcha. her experience o obviously fair game but i think that's fair

game. >> what happened with the game? >> march 4th, my friend, $100 on the line. go heels. >> okay. margaret said it's going down. thank you very much, margaret spelling. charlie says right back at you. he's ready. >> bring his $100. >> he can do that. >> the atlanta falcons are headed to the super bowl did you hear for the second time in their team's history. their success has given their owner arthur blank a whole lot to dance about. he's in the toyota green room. he doesn't look like he's dancing yet. how the falcons defied the

two men were sent to prison for murders they didn't commit. now they're free and they've cooked up a new plan. in brooklyn there's a barn restaurant shelving up shots of

redemption. i'm michelle miller, coming up on "cbs this morning," we'll introduce you to two wrongfully convicted men using their freedom to bring opportunities to others. i'm phil mickelson, pro golfer. my psoriatic arthritis caused joint pain. just like my moderate to severe rheumatoid arthritis. and i was worried about joint damage. my doctor said joint pain from ra... can be a sign of existing joint damage... that could only get worse. he prescribed enbrel to help relieve pain and help stop further damage.

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two men in prison for murders they didn't commit are

getting a new taste of freedom. they're now business partners in a brooklyn restaurant in new york but their ambitions stretch beyond the food they serve. michelle miller shows how they've finally been able to fulfill a dream. good morning. >> good morning. they didn't know one another growing up in brooklyn. their bond was developed behind bars where both men worked together for more than 20 years as jailhouse lawyers to exonerate the wrongfully convicted including themselves. now they've opened a restaurant where every day is a celebration of their efforts. at brooklyn's brown joan derek hamilton is growing accustomed to celebrity. it'san adoration that's more than running a restaurant. it's a business place making

2-month-old business a popular destination. >> what did you two know about the restaurant business? >> i know nothing and i still know nothing but we're learning as we go along. >> he and his partner may be new to this competitive business but both have faced steeper odds for success. >> i spent a total of 30 years in prison. >> i did 27 1/2 years. >> he came in saying it was for a double homicide that he didn't commit. >> did you believe him? >> yes. >> why? >> because i was in prison for something i didn't commit. >> both believed they were framed by a beliepolice officer >> i believed him because it hatched to me. >> they were dedicated to studying law. >> when did you say i'm going to

the law library. >> day one for me. >> day one. >> i mean i knew one day i would get out of evidence because the evidence spoke louder than me. >> so how did you essentially free yourself? >> studied. it was refusing to accept a decision from judges that were wrong and i just went back every time and said, judge, you were wrong. >> derek hamilton is very good. one of the best. these are our pair a legals. >> since co-founding the innocence project barry scheck has helped exonerate over 190 former inmates. he was not one of their lawyers. he said it was their own grasp of the law that afforded their freedom. >> the odds are enormous and it takes people of remarkable resilience, intellect, and character to succeed and that's

who these guys are. >> the officer who helped imprison him is now retired but allegations of evidence manipulation led judges to overturn 11 of his convictions and settlements have cost the city more than $30 million. the brown joan is where they chose to invest some of their settlement, but it's not where they spend most of their time. like they once did from the prison library, shakur and hamilton continue to work full-time on behalf of the wrongfully convicted. >> they savey 2% of the people prison are innocent. that's too high of a number for me. >> why go into the risky restaurant business? because it offered them an

opportunity to reconnect with their old neighborhood, one they hadn't seen in more than 20 years. >> we knew that once we were released that people are always going have that stigma against you that you were in prison, so we wanted to prove that we were assets and not liabilities, that we could go back into the community and be productive citizen citizens. so many guys we hire are guys who had felonies and couldn't get hired somebody else. if your ego doesn't stop you from picking up a broom and working, we got you. the kids in the neighborhood who come in who clean windows and tables to keep them off the streets. >> i didn't want to say that. we to do that. >> they know that because they come hustle us every day. >> you both fought for a very, very long time for this kind of opportunity. >> mm-hmm. >> what's the best part of living it? >> just living free.

you know, every day is a blessing. not only am i here, but i'm able to provide a service and a place for other people to come in and enjoy their lives. >> now the two men have worked on dozens of cases other than their own and derek said he helped free five others including his friend. you should know louis garcelle la la denies any wrongdoing. >> bravo to them. makes me want to go to the restaurant. >> was the food good? >> i honestly didn't taste it. >> they don't appear to be bitter. that's what i think is so extraordinary. seems like they would be very angry and they're not. >> they're not. they released it.

former astronaut buzz aldrin turns heads at new york's fashion week. you're watching "cbs this morning." we'll be right back. well, when you have copd, it can be hard to breathe. it can be hard to get air out, which can make it hard to get air in. so i talked to my doctor. she said... symbicort could help you breathe better, starting within 5 minutes. symbicort doesn't replace a rescue inhaler for sudden symptoms. symbicort helps provide significant improvement of your lung function. symbicort is for copd, including chronic bronchitis and emphysema. it should not be taken more than twice a day. symbicort contains formoterol. medicines like formoterol increase the risk of death from asthma problems. symbicort may increase your risk of lung infections, osteoporosis, and some eye problems. you should tell your doctor if you have a heart condition or high blood pressure before taking it. symbicort could mean a day with better breathing. watch out, piggies! (child giggles) symbicort. breathe better starting within 5 minutes.

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the second man to walk the moon made his runway debut. that is buzz aldrin wearing a shiny silver jacket and check

out the shiny shoes. he was j good morning, are one i'm jim donovan. fire fighters are still on the scene of the house fire in kensington, chopper three is over the 100 block of east willard street this morning investigators say fire broke out in a row home just after 6:00 this morning. there are no reports of any injuries, and the cause of that fire is under investigation. now lets turn to katie for a look at today's weather. >> good morning, jim. we are looking ahead to overall a quiet day and beginning of the quiet pattern generally seeking with no storms in sight. you will notice breeze in the just today but for really next couple of taste. at the moment we have sort of the half and half tore cast here some cloud over the southeastern half of our area more sunshine further are north and west you go, it the is story here to take. we will call it partly sunny but you'll fine gusts out there as high as 30 miles an

hour. notice some breeze for sure although it is technically milder then average, you will see that reflect in the seven day as we flirt with 50, normal high on this day is 41, so not bad but come tomorrow foreground hog day more sunshine still blustery back to more typical temperature reality and in the mid 30's for friday and saturday. still with sunshine. coming up on sunday though, right now it looks like a weak disturbance ushers in light round of snow primarily in the afternoon and should be out of here on monday with temperatures beginning their rebound. >> lets go back to talking about flirting with 50's, so much more continue. >> thank very much. looking outside we are still talking about this overturn tractor trailer, i-95 south ramp to northbound blue route is still closed, live backup shot right now as we are taking i-95 south heading toward that ramp is closed off and it is very slow moving around there. give yourself extra time in that area also we have got inspections on blue route between germantown pike and pennsylvania turnpike. closures between 11:00 a.m.

stain p.m. next update 8:55. ahead this morning atlanta falcons owner arthur blank is in studio 57 to talk about the super bowl this weekend. i'm jim donovan, make it a

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tomorrow night we'll have the full report, but as a preview, he was on sports center when he asked a number of player as what does tom brady smell like. >> how does tom brady smell? >> he smells good. >> like money. >> like you would imagine. >> what do you think tom brady smells like. >> flowers. >> can i come and smell you? >> no. >> wait a minute. >> i think he smells like one oof gisele's perfumes. tom brady smells good. >> i think he smells like sweat.

i think it's a weird question to ask. >> it's fun. coming up this hour atlanta falcons owner arthur blank busts a move as he celebrates a win sending them to super bowl li. he's in the toyota green room. hello, mr. blank. what does tom brady smell like? >> who knows. i don't want to know. >> i don't want to know. >> i get it. he's fired up for sunday's big game. why he thinks his team is headed for a big win over the patriots. right now triem to show you some of this morning's headlines. sean spicer yesterday insisted president trump's executive order is not a travel ban. >> he's also made very clear this is not a muslim ban, a travel ban. it's a vetting system to keep america safe. it can't be a ban if you're letting a million people in. if 325 people come in.

>> since they signed the order administration officials including sfieser have used the word "ban" to describe the order it's a word the president himself has used. he said it in the oval office on saturday morning. >> we have a strict ban and we'll have extreme vetting which we'll have in this country for many years. >> he also used a word on twitter writing this. if the ban were announced with a one-week notice, the ban would rush into our country. he's treating everybody's arguing whether or not it's ban. call it what you want. it's about keeping bad people with bad intentions out of our country. the "new york post" reports on the happy news of a boston marathon survivor and the fireman who saved her. they're getting married. the fireman rushed to help her when she lost her right leg in the bombing in 2013. their friendship turned to

romance and they began dating soon afterwafrmd he proposed in december. gayle, this was the story i said to yo this morning as we were in the makeup room. look at this story. it's so unbelievable. >> we all remember her. good to see. they report on another reason why flying coach may be for the birds. a photo on the internet shows dozens of falcons traveling on a plane. apparently belong to a saudi prince. train birds to hunt is a pastime in the united emirates. the month a scooter company will roll out a roll bot that follows you. it works indoors or out and finds itself way back by itself. no word yet on a price. the "chicago tribune" notes the apparently topical theme of the meshl budweiser will air during the super bowl. >> you don't look like you're

from around here. >> it shows the challenges faced by cofounder adoll fish busch when he came to america from germany back in 1857. the brewery says the ad was planned long before the travel ban controversy. >> and "the boston globe" reports on the falling price for tickets to super bowl li. the ticket search engine seat geek says the average price is over $3,000. that's down from $6,000. at the time hometown houston texans and dallas cowboys were first in the playoffs. compare those to the prices back in 1967. look at that. tickets just $12. >> look at that. the atlanta falcons employees don't have to worry about tickets why? the owner arthur blank has a big heart. he's taking more than 500 to the game in houston. atlanta will take on tom brady and the new england patriots. if the falcons win, you can bet

this man will be dancing again. arthur blank, good morning. we welcome you to the table. >> good morning. thank you, gayle. nice to see you again. >> you're in the toyota greenroom with your lovely bride angie who says you have a very big heart and she was not surprised when you said i want to take all of your employees. >> all of our businesses live by a set of core values and culture and there's so many people that support the atlanta falcons beyond the field, the players and coaches. >> everybody knows that -- most people don't do it. >> it's part of what we do. we live our values, we run our businesses by our values, and that was the right thing to do. >> when the season started -- sorry for interrupting yo be i think this is really important. when the season started nobody thought the falcons had a chance. did yu? >> we always had a chance. every team in the nfl has a chance, but i think our offense

has formed at a very high level. our defense played with six, seven games to go on the regular season in the playoff series and so i think once i saw the younger players really coming along, the whole team coming along on defense, i felt we had a unique opportunity. funny story in that regard. cbs is hosting the super bowl for 2000159 and u we were excited about that. when we were in our room, the owners' room where we were having the vote take place, texted the coach, dan, we just won a chance and i hope we'll be playing as well. he texted me immediately. he said i plan on playing there sooner. so our head coach dan quinn foretold it. >> you really built this team person by person, coach by coach. >> we have. we go through changers over the

years. i've been the owner since 2002. dan quinn, we had a great coach before him, coach smith who was wonderful in a lot of ways. dan quinn has stepped it up. the general manager has worked beautifully with him. dan knows exactly the scheme he wants to play, offense, defense. understands exactly the prescription he wants for every single player, height, weight, speed. >> every team is built around a great quarterback. >> we were fortunate enough to draft matt riechblt i think he will be the mvp this he can't vote for ourselves but we think he's a great candidate. we'll see on saturday. >> you talked about coach quinn and he has bumper sticker phrases. fast and physical. sharp as ierchlt include

everyone. the one that really caught on is in brotherhood. >> if you know dan quinn, these are not phrases he picks up in a book. they're the way he lives his life. you know, he's very committed to that notion of unity and brotherhood and players who play for each other. they play for themselves, sure, but they play for each other, their team, the city, the fan. dan has supported that philosophy. the first time i met him in the interview process a few years ago throughout the first season, second season, it takes a while for people to understand this isn't just coachspeak. he truly believes it. we're blessed in having him in terms of the leadership. >> i was going to say -- i'm not sure what you want to talk about. >> the patriots. >> go ahead. i want to talk about something else go. ahead. >> i know you're good friends with bob kraft. >> right. >> we like bob kraft too. >> he's a regular visitor here.

i told him the other day on "cbs this morning." he said tell them i said hi. >> how do you place this matchup. >> you're playing against a team that's been around for 16, 17 years. against a quarterback and coach. tom has won four super bowls, he's played in six. so it's going to be a very tough matchup. they have a very good defense, offense, good coach. a quarterback who doesn't know how to lose. we'll have to play at our best, but we're not coming to houston to lose. we're coming there to win. our fans feel that way. mostly our players feel that way. they've had a week and a half. they're all in houston. coach feels good. players feel good. they're healthy, ready to play, and we've had great fan support. >> we sat here for four or five minutes and we haven't talked about dancing. >> i was just watching the

silver outfit dancing by the astronaut, which was great. i'm not sure you call it dancing. >> look at that. >> look at you right there. >> what it is is that it's raw emoti emotion. you get so carried away. this is an extension of my family. my family family was there. half of them were on the stage. all my family. my daughters and my wife and kids. >> it's great that you do it. i know bob kraft gave you advise and said stay in your happiness bubble. i think that's good advice. >> it is good advice. he said, number one, i want you to pace yourself over the next two weeks. i spoke to him. he said pace yourself and stay in your happiness bubble. anybody who tries to take you out of it, shove them out of it and stay in it. that's good for life. >> i like that too. i'm be writing down. >> we'll be watching on monday. >> thank you very much. thank you. charlie, good to see you again.

norah, nice to meet you, gayle, good to see you. looking forward to see you in 2019 as well. i'm not a suspicious person. atlanta has been playing for 50 years. this is the 51st year of the super bowl. >> it's a sign, arthur. >> it's a sign. we'll be competitive. >> with what we hope is a great game. >> i do too, charlie. >> here's to dancing and bubbles. >> i like that. thank you very much. children may be replacing parents as the rulers of family.

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where does it come from? was it my refusal to accept that an nfl official was a man's job? was it to show my daughter that she can be anything that she wants to be? if i don't believe in myself who will? it does start on the inside. your best starts inside. that's why every cup of activia yogurt is made with billions of our exclusive probiotic to help care for what's inside. activia. it starts inside. me eat my greens?eow. no, just trying to save you some green. whaaat?! thousands of blue tags. thousands of low prices. my giant.

. it's so unfair. you know what? we're going to make this game. whoever stays unplugged the longest wins. >> not what i happened had in mind. >> what do we win? >> i want a computer. >> done. >> we're going to get them off electronics with more electronics? >> i want a chicken pot pie. >> i want a car. >> done. >> the parents of "modern family" clearly have trouble with their children. it's growing. researchers from the university of maryland found that a rise in economic opportunities for women and a decline family size has

flipped the traditional power roles giving the kids more sway. jennifer wallace covered parents trends. good morning. what do we know about this changing family dynamic? >> i think what the researchers are picking up on in this report is that for the last 40 years the amount of time parents spend with their kids is ever increasing. dads are spending three times the amount of time they did in the mid-'70s. moms are spending 50% more time despite the fact that now 71% of the mothers are working outside of the home. more of us are working but more of us are spending more time with our kids, finding more resources, financial and time. >> the result of that? >> there could be a downside of that. overwhelmingly it's a good friend. we are now parents who want to invest in our kids, have a close relationship. we want to have more of a dialogue than parents had maybe historically in the past. the downside is that sometimes that dialogue can become negotiations, power struggles

and could become what this report says a power switch which is not good for anyone. >> did they look at this between black families and white families? ? i don't know of any black kids who run the household. i'm not trying to be funny. >> i'm sure it's cultural. it was not specified in the report. >> is it making the kids more demanding and entitled? >> absolutely. >> not good. >> when they say we're going to distort our calendars and parents and devote our whole weekend to driving you to soccer matches, to sitting for six hour s, which is what i do, chess tournaments, when you signed the child that signal, you get the signal my responsibility is more important. >> there's a sense of entitlement. >> there is and we're feeding it. we don't want to be feeding that, be that's the result. >> and setting up a dynamic against mom and dad or -- >> researchers say that.

they say that now there are less rivalry among kids, there's more for parents. rewarding kids financially for good behavior. >> oh, my gosh. >> how do you eliminate the sense of entitlement? simply by not doing what causes it? >> it's balance. i think it's great for parents to invest in kids. we value what you do in your interest. but on saturdays if you're going to a chess tournament for five hours. on saturday you're going to the grocery store with me. you tear dining your chores. it's not all about you. in this society i think we need to be sending a signal it's what's best for society. >> rewarding kids for good hav. the stuff they should be doing. yikes. >> you and jeff are on the same page. >> me and mr. tracey. we're like this. from carpool karaoke.

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good morning, i'm jim donovan. police are searching for several suspects in connection with the attempted abduction of a would hand in port richmond, acting on a tip police witnessed the 25 year-old woman's abduction about ten last night from business on aramingo avenue. woman was forced in to her own own car and police gave chase. that ended in a crash one suspect is this custody, police say victim is okay. lets turn to katie for a look at the forecast. >> good morning, jim. we are finding tail of two forecast is if you will here because we have a lot of cloud and lots of sunshine in others but everyone will get on the sun and everybody will see temperatures above their typical average here outside bernville in berks county where it is 37 degrees, live neighborhood network with more sun then anything.

a chill in the air. by comparison you are in the lower 40's at cape may courthouse but thick overcast, currently in place here but again we will call it a mixture of clouds and sunshine we will see a variety of it too, given any location throughout the course of the day. win isn't terrible but it the is out there, notice it. with time here we will see a pick up of the wind so far. gusts as high as 30 miles an hour. that will make temperatures albeit milder then average. feel that much chillier. account for that but we have technically flirting with 50 here to take. back to more typical temperatures tomorrow but sunny skies right in the weekend and then light round of snow coming our way on a chilly sunday afternoon. meisha. >> katie, thanks very much. loving that flirting that 50. that makes us tiehl good. what doesn't make you feel goodies overturn tractor trailer still out there 95 south to the ramp toss northbound blue route. look at these backups. they are substantial still. only traveling at around nine whiles an hour at most. then we have sign inspections on the schuylkill eastbound at city avenue left lane block

between 9:00 a.m. and 12:00 noon. more inspections on the blue route northbound between pennsylvania turnpike and germantown pike between 11:00 a.m. and 12:00 p.m., crime. that is "eyewitness news" for now. join us for "eyewitness news" at noon. i'm jim donovan. make it a great

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