>> ♪ >> ♪ good morning. it's tuesday, december 5th, 2015. welcome to cbs this morning. breaking news a new southern california wildfire explodes overnight and threatens thousands of homes. the scene where the deadly fire is charging towards two cities. >> and president trump cannot obstruct justice after comments over michael flynn raises possibilities that he did. what could determine if mr. trump broke the law. >> a decision today could rock the winter olympics. russia is in danger of being thrown out of the games for state sponsored doping. >> and david begnaud spent weeks of hurricane maria. this morning he's in florida.

>> we begin this morning with a look at today's eye opener. your world in 90 seconds. >> these flames are brutal. >> gusting winds just fuelling those flames. >> the prospects for containment are not good. >> a deadly wildfire rages through southern california. >> nerve wracking to see a fire up on the canyon heading your way. >> the president's legal team scoffing at the idea that robert mueller is building a case for obstruction of justice. >> it's certainly evidence that goes to obstruction of justice. i believe the president is no more above the law than any other american. >> john conyers is expected to announce that he will not be speaking re-election. does he face sexual misconduct allegations? >> alabama senate candidate roy moore now has the backing as president trump. >> the president told him he

would be with him 100% and to go get them. >> whiteout conditions in parts of dakota. >> a win for pittsburgh and it is good. >> bozwell. >> and all that matters. >> billy bush isn't backing down from his criticism of president trump's remarks. >> i would also like to say that's not me on the bus. you don't get to say that. >> on cbs this morning. >> that is the cbs evening news tonight. i'm jeff glor. >> jeff glor made his evening news anchor debut last night with his family cheering him on last night. >> this morning's eye opener is presented by toyota. let's go places.

welcome to cbs this morning. we have to say congrats to jeff glor. it's so nice when your family is proud of you. >> i thought that was cute with champagne to toast. >> he did a great job. >> i'm gayle king with nora o'donnell. deadly wildfires exploding across southern california this morning. flames are racing to the city of ventura, home to more than 150 thu people. >> thousands of homes are under mad toir evacuation orders. people rushed to escape overnight and the flames caused power outages to over 260,000 customers. at least one person was killed in an accident related to the fire. they're saying now the containment is at zero percent. >> more than 30,000 acres are burning northwest of los angeles. santa ana winds with pushing the flames and jamie is in ventura. good morning.

>> reporter: good morning. over my shoulder you can see this is one of several homes on fire right now in this neighborhood. the flames are spreading so quickly firefighters are just trying to save as many structures as possible. they haven't even begun to contain the flames. >> snool thousands of californians have left their homes overnight as flames raced into their backyard. >> i'm not having to wait around to have somebody rescue me so i'm out of here. >> others weren't as eager to leave. >> it's our home. you can't panic. you just go with the flow. >> it's just the wind. you don't know where it's going to go. >> winds moving at more than 50 miles per hour are driving the flames west making conditions more difficult for first responders. >> within winds like this, fire growth is just absolutely exponential. >> the fire chief says more than 500 fiertds are on the ground,

desperately working to gain the upper hand. >> as far as getting ahead of the fire, that's exactly what we're doing right now, but it's in defense of structures and property right now, not actually trying to put the fire out. >> you can see those flames out there. power just went off. >> flames torched a key transmission line knocking out power for more than 360,000 customers. >> the only thing we're seeing right there are streets. all the homes in this area, power is out. >> venture a county sheriff. >> areas that aren't necessarily affected by the fire are being affected by sporadic power outages as the fire burns down the power lines. >> reporter: because of these strong winds and dark skies, firefighters are not able to deploy helicopters to start in this fire fight and because winds could pick up later today there could be even more destruction later. >> that's not the news they need to hear today. thank you very much.

the newest white house comments about the firing of the national security advisor michael flynn are raising obstruction of justice questions. president trump's lawyer are now trying to separate mr. trump from that talk saying it's impossible for a president to obstruct justice. margaret is at the white house with the latest on this story. >> reporter: good morning. sources tell cbs news that the president was informed in late january by white house counsel of inconsistencies in michael flynn's statements about his russia contacts. they insist at the time it had not been determined that flynn had lied. a distinction that could make the difference as to whether the president himself committed a crime. >> flynn lied and they destroyed his life. >> president trump may have obstructed justice if in fact he knew that general flynn had lied to the fbi at the same time he urged former director james comey to stop investigating him. but mr. trump's personal law, john dowd, strongly disputed that telling cbs news the

president cannot obstruct himself because he's the country's top law enforcement officer. yet past u.s. presidents have faced obstruction of justice charges during impeachment charges. >> i'm going to ask him myself, is there proof of that? >> reporter: now attorney jeff sessions was an alabama senator when he argued president clinton had obstructed justice. >> this matter involving -- thissism peachmethis impeachment is about perjury and obstruction of justice. >> reporter: a tweet suggested he knew early on that flynn had committed a crime. attorney john dowd claimed he was the word smith who crafted it. >> the lawyers are the ones that understand how to put those tweets together. >> reporter: yet monday white house advisor suggested- someone else who typed it. >> i know that what mr. dowd

says is correct, that he -- what he says is he put it together and sent it to our director of social media. >> reporter: whether the crafting of that post was the result of sloppy wording or revealed the president's prior knowledge is now in question. sources tell cbs news that prior to flynn's plea the president had been informed by white house counsel that flynn's statements were similarly misleading when he gave them to both the vice president and to the fbi. it wasn't until the white house was presented with a transcript of flynn's calls with the russian ambassador that it became clear he had lied. >> all right. thank you so much. controversial alabama senate candidate roy moore now has an endorsement from the president and backing from the republican national committee. the rnc actually reversed itself overnight three weeks after drawing support after sexual misallegations against moore. at least nine women say the

candidate groped or pursued them some when they were teenagers and he was in his 30s. moore will hold a rally tonight. >> reporter: good morning. this rustic venue will be teeming with supporters tonight and a prominent one in particular. former white house strategist steve bannon. this even after one of moore's accusers has come forward with new evidence. >> we dated for a brief time, and we kissed with my consent, and i'm very sad that he's decided to say he doesn't know me. >> debby gibson was one of the first to share her story to washington post of moore's sexual misconduct. she says she was 17 and moore was 34 when they met in 1981. in a followup interview the now 54-year-old presented a high school graduation card from moore. >> i wanted to give you this

card myself. i know you'll be a success in anything you do, roy. >> moore has denied knowing any of the women who have revealed their alleged encounters with him. >> i do not any of these women, did not date any of these women and did not engage in sexual misconduct with anyone. >> i feel like this is personally to be a fact, a lie. >> reporter: allegations against moore some say are moore. the poll shows moore leading the senate rate 49-43. moore is ahead because of his key supporters are more likely to turn out at the polls. >> his vote is an older person and people tend to vote more than younger people for obvious reasons. they've got more time to vote. >> we're ready to go. >> with a week until the election volunteers for moore's opponent, democrat doug jones are scrambling to rally suppo

supporte supporters. >> we need all the help we can get. >> reporter: a representative for roy moore tells cbs news moore knew debbie and her family, but does not recall any formal dates. president trump will hold a rally friday night in pence cola, florida, but it's unclear how much of that will focus on the alabama senate race. >> that special election as you mentioned one week from today. thank you. michigan democrat john conyers is set to retire from congress in a growing sexual misconduct allegations. he will not seek re-election. they will make an announcement this morning. a former staff member came forward yesterday with new allegations saying conyers put his hand up her skirt in church. conyers has denied any wrong doing. cbs news has also learned that conyers' grand nephew, michigan state senator will run for his seat. >> billy bush has returned to tv to challenge president trump who is reportedly denying that his

voice is on that infamous access hollywood tape. bush appeared on the late show last night after writing a new york times op ed responding to the president. >> the former "today" show cohost described hearing his interaction with mr. trump on that tape as a gut punch every time. he did not mince words on colbert echoing the same charge he made in the times. >> you can't say that. that is your voice. i was there, you were there, that's your voice on the tape. >> billy bush pushed back hard on president trump's reported denial of the access hollywood tape. >> in the last 14 months of my life i've been dealing with it. you dealt with it 14 minutes and went on to be the president. >> the tape was released one month before the presidential election. >> you can do anything. grab them by the -- do anything. >> then president trump issued a public apology that same day. >> i said it, i was wrong and i

apologize. >> after the tape surfaced more than a dozen women accused mr. trump of sexual misconduct, the president denies all of the accusations. then last month the "new york times" reported that not long after his time president elect trump told the republican senator that he wanted to investigate the recording adding, we don't think that was my voice. according to the times, mr. trump has continued to suggest that the tape was not actually him. >> and that struck a nerve with bush who says he believes the women who have accused the president of wrong doing. >> you're reopening wounds on them too. enough is enough. >> bush wrote an op ed titled yes, donald trump, you said that. in it he says there were seven other guys on the bus at the time adding every single one of us assumed we were listening to a crass standup act. surely we thought none of this was real. >> so you think he was sort of -- >> if i thought it was a man detailing a sexual assault strategy to my i would have called the fbi, not just

reported it to my executive producer. >> well, bush says in 2000 nooif when the ta -- 2005 when the tape was made, he was on the apprentice and everybody had to kiss the ring a little bit because he was making so much money for nbc. >> i'm glad he didn't become away from owning what he said was his own mistakes as well. well, lawsuits are being filed to challenge president trump's plan to reduce the size of two national monuments. the president was in utah yesterday to sign the proclamation shrinking the protected land. it reduces bear ears and grand staircase escalante from nearly 2 million acres to a million. environmental groups say protections are needed for archaeological and cultural sites. the supreme court will hear

arguments in one of the biggest cases of its term. lines started forming yesterday for a seat inside the court. they will hear argument from a colorado baker who refused to make a wedding cake for a same sex couple in 2012. the court ruled in 2015 that the constitution protects same sex margination wide and now it will decide just how far that protection goes. jan crawford spoke to both parties in this landmark case. >> reporter: as you can see, this case is attracting a lot of attention and it's a right to free speech and free religion against a right to be free from discrimination. a devout christian baker on the one hand and a same sex couple who just wanted a wedding cake. jack phillips had been making wedding cakes for nearly 20 years when they walked into his masterpiece cake shop outside denver. >> he asked us who the cake was

for and when we said it was for us, he said he would not make a cake for a same sex wedding. >> mullins and craig were getting married in massachusetts and were planning a celebration back home colorado. >> i was embarrassed that by mom had to see me go through that and you know, to be honest, i started to break down and i cried. >> i tried to respectfully apologize that i couldn't create this thing. >> phillips who grew up drawing and painting says his cake are personal artistic impressions. >> i serve everybody so in this case i will gladly sell you anything in my shop but this is an event i can't create a cake for. >> but to mullins and craig it was discrimination. they filed a complaint against phillips and won. >> what we went through was humiliating and painful and degrading and we didn't want another loving couple to have to

go through that. >> but for phillips the ordeal was also painful. >> phone calls were coming, harassing, swearing at you to where my wife was afraid to come into the shop at points. there were tears and it was just like what's going on? what do we do? >> phillips stopped making wedding cakes so he wouldn't be forced to violate his believes. >> and what if the supreme court rules against you? >> if we have to close the business in order to stand for our faith, then that's what we'll do. >> now, phillips' lawyer says the case could affect all kind of creative professionals and force them to create art works that may conflict against their religious believes but the couple says this is just a straight up case of discrimination. >> really interesting to hear those arguments. let me ask you about the other big news out of the supreme court, them upholding the president's travel ban, said it would take full effect. what can you tell us about that

decision? >> reporter: this is a win for the president. it's a temporary win, but it basically means that the travel ban can stay in effect while all these appeals play out. that the trump administration will be able to fully enforce this ban until all these lawsuits are resolved. now, two judges in hawaii and maryland had said that the restrictions on trump's travel order had to be limited and that travelers with bona fide connections to the united states could not be kept out of the country, but with the supreme cou court's order yesterday in most cases citizens from eight countries will be unable to enter the united states. it applies to people from six mostly muslim countries and north korea and venezuela. >> all right. thank you. a star line backer for the pittsburgh steelers is hospitalized this morning after monday night football. he fell after a hard hit and appeared to be unable to move his legs. he was carted off the field. reports say that he has a spinal cord concussion and he's

improving. later cincinnati linebacker burfict left on a medical cart. >> pittsburgh won this game, by the way, 23-20. and miami had been winning -- i mean cincinnati had been winning for most of the game so it was a shock they ended up losing. >> a kentucky man who admitted his role in more than a half a billion dollar government fraud is tracked down thousands of miles from home. the man hunt that finally captured the scam artist who called himself mr. social security.

russia could become the first country banned from the

olympic games for doping. >> ahead, why the move would sting for vladimir putin and why a whistle blower is even in more danger. >> you're watching cbs this morning. i wondered if she could do the stuff she does for us which is kinda, a lot. and if that pain could mean something worse. joint pain could mean joint damage. enbrel helps relieve joint pain, and helps stop further damage enbrel may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma other cancers, nervous system and blood disorders and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common. or if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure or if you have persistent fever, bruising, bleeding or paleness. don't start enbrel if you have an infection like the flu. since enbrel, my mom's back to being my mom.

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what we found when we bought >> this is cbs-3 "eyewitness news". good morning, i'm rahel solomon, authorities in new castle county hope you can help them track down a home invasion suspect. a man resembling this sketch broke into a home in the steeple chase circle november 21. police say the man was arm and tied the homeowner up before getting away is some cash. if you have any information new castle county police want to hear from. now, over to katie with a check of today's forecast, boy , a change is coming. >> absolutely true, yes. we had quite the trade off here with warmth, into the low 60s this afternoon, but also some pretty steady rain that has to cross through, as well. currently at 48 degrees outside pleasant valley middle and high school here. the bus is rolling through right on q. but no wet weather just yet. my advice is this, hitting the roads now, sending the kids out to the buses be sure to send them off with a umbrella,

specially true inland, the shore see rain little later on however this will be a pretty soggy pm commute for many of up, then temperatures take big hit by tomorrow. >> all right, katie. thank you so much. so, yes, still pretty busy out there on the roadways, an accident, hard to see in the camera shot, schuylkill eastbound past girard. it is pulled off to the shoulder just heads up. plus, two accidents in new jersey, past route 524, left lane, and eastbound past new jersey turnpike, this one also moved to the shoulder. rahel, back over to you. >> meisha, thank you. next update is at 75:00, a up next on cbs this morning, how the people playing hurricane maria is transforming the state of florida i'm rahel solomon, good morning. introducing clorox with cloromax. cleans and help protects. ♪ easier cleanup is the beginning. what comes next is everything. ♪ ( ♪ )

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the senate passed the largest tax overhaul in decades and they really tried to rush it through. republicans were frantically making handwritten last minute changes to the bill behind closed doors. you know what's interesting is these senates basically finished this tax bill the same way i tried to finish my exam after the teacher said pens down. i said pens down. i said, no i'm done. and that. sorry, ma'am, here it is and that and that and that. >> but that is so true. that is so true. for a lot of people. for a lot of people. >> did you do that in school? >> i can relate.

i confess. i can relate. very good. >> very good. >> welcome back to cbs this morning. here are three things you should know this morning. the deadly wildfire destroying homes northwest of los angeles. the fire swept into ventura overnight. at least 150 structures have burned. this morning 27,000 people are forced from their homes. firefighters say winds gusting to more than 60 miles an hour. forecasters warn this will likely be the strongest and longest santa anna wind event of the season. >> and tax overhaul closer to becoming law. house republicans voted yesterday to go to conference committee to reconcile their bill with the senate version. members of the conservative house freedom caucus held the vote over differences on funding the federal government. republicans hoped to have the final bill on the president's desk before christmas. >> and the luxury car maker is racing into sport utility vehicles. the company unveiled what it called the fastest suv in the

world at its italian headquarters yesterday. it can reach speeds of 189 miles an hour. it can go from zero to 60 in under four seconds. the starting price, a cool $200,000. >> wow. it's good looking but for an suv, you know, usually i have kids in the back. my question is does it come with a vacuum cleaner for the cheer owes in backseat. olympic officials may punish russia for running an elaborate state sponsored doping problem during the sochi winter games. several russian athletes have had hair 2014 medals taken away. don is here with the decision that could break new ground. good morning. >> good morning. if the international olympic committee bans russia it would mark the first time a country has been banned for doping. vladimir putin said that will be humiliating. it could also put the russian scientist who exposed the scheme

at an even greater risk. nearly four years after sochi and less than ten weeks until pyeongchang, russia's olympic future is in jeopardy. as punishment for russia organizing its state sponsored doping scheme, the ioc could impose several sanctions, a total ban on russia, the neutral flag option which would allow clean athletes to compete independently of russia or a plon tear fine. nancy covers sports for usa today. >> putin in particular seeing the olympics as a way to show russian strength and even as humiliating and embarrassing as a ban would be, i think he would still want them there to show the world the strength of russia. >> the decision comes several years after allegations began circulating about russia's doping program. in a 2016 interview on 60 minutes, an elite runner revealed details about the program, fuelled by russia's anti doping agency.

>> she says you know, i'm doping. i'm -- all my teammates are doping as well. >> and what do you think? >> i had suspicion, but i was hoping that i'm here to fix something. she says that's not what they do. they help russian athletes to win medals. they do testing, but fake testing. >> that same year, the former head of a russian anti doping lab came clean to a u.s. based film maker. >> were you the master mind of the statewide system that cheated the olympics? >> yes. >> it was the most audacious plan in the history of the olympics. >> reporter: jim wallen is his attorney. he says while his client never met with putin himself, he believes the russian president knew what was going on. >> if the ioc bans russia from the next winter olympics, that seems to me that there would be a much larger bull's eye on his

back. >> i think you're absolutely right. russia will never forget so he's going to be looking over his shoulder for the rest of his life no matter where he is. >> russia can challenge any ioc challenge by appealing to the court of arbitration for sports but consider this. russia won a record 13 gold medals in sochi putting the team in first place. once the doping program was exposed russia was stripped of four golds and its first place standing. >> i can tell you russians take their sports very seriously especially vladimir putin. thank you. >> a kentucky lawyer who disappeared after his conviction in a massive social security fraud case is in a hon dur ran jail this morning. he escaped house arrest in lexington before heading to mexico. he spent the last three months in honduras. >> good morning. he pleaded guilty in march to

stealing from the federal government and bribing a judge in a a $550 million social security fraud case. but before he could be sentenced he cut off his ankle monitor and ran. >> a honduran swat team caught him as he came out aftof a restaurant. police were reportedly given his location after he connected to the wifi. >> reporter: touting him as mr. social security. >> when he represents you, there will be no fear. >> reporter: he faced a maximum sentence of 12 years for bribing a doctor and judge to approve disability claims based on fake medical evidence. the fraud reached into the hundreds of millions of dollars, mostly affecting his clients in the impoverished parts of virginia and kentucky who then had to fight to try to keep their disability checks. a lawyer representing some of

the 1,500 clients spoke with cbs news by phone. >> we've always been convinced that he hoarded lots of cash, millions of dollars and hopefully his capture now will give us an opportunity to try to recover some of that money. >> he had been under investigation for years. in 2013 he took the fifth when appearing before a senate committee looking into disability fraud. >> i respectfully assert my constitutional right not to testify here today sir. >> he's set to be brought back to the united states today. while he was on the run the judge did give him the maximum sentence of 12 years. now he faces the prospect of much more time behind bars and your heart just goes out to those folks who had to fight to keep their disability checks because of this fraud. >> thank you so much. thousands of puerto ricans who lost everything in hurricane maria are pouring into florida. ahead, the emotional toll on families after the disaster and how many are working to try and rebuild their lives on the u.s. mainland. you're watching cbs this morning. (boy plays a chord)

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three months since hurricane mar maria, hundreds of thousands in puerto rico left to the u.s. mainland. one study estimates more than 470,000 people will leave puerto rico over two years. many need help to make the transition. david begnaud is at the resource center in orlando. that is the first stop for many of the arrivals. >> reporter: good morning. when we arrived the first person we saw was maria. she's right there on her phone. she was here with her two boys and her mother. they arrived on a midnight flight from san juan with no place to go. they are waiting until 9:00 a.m. when the disaster center opens. here they'll give you help and they'll give you hope. martinez and her husband jose rodriguez found hope in this hotel room.

this is home for now. she arrived in orlando with $4 in her pocket. >> did you lose everything? >>. >> reporter: we first met the couple at the airport. >> she emotionally is heart broken because she misses her island. >> what we're seeing here is that you know, we have a crisis in puerto rico and now it's moving to central florida. >> reporter: the federation is a nonprofit organization which helps port ree cans arriving here find housing, register to vote and learn english. > folks that are coming here and the families are running into difficulties. you know, to find a house, to find a job, to, you know, register their children if they don't have the documents. >> reporter: more than 1 million live in florida. in 2016 the state had the second highest puerto rico population.

>> they arrived in florida on september 24th. four days after hurricane maria made landfall. they've spent 72 days in a hotel room with double beds. >> being like inside four walls is not helping my stress. >> your sanity. >> exactly. >> reporter: 17-year-old is one of about 2,500 hurricane maria survivors who have enrolled in the orange county school system. she's debating going to college here in florida. many universities are offering students in state tuition. she's already been offered a scholarship. >> job opportunities, i think it's better over here. >> reporter: what makes you emotional? >> all the stress. i don't know anyone who has gone through what we're going through. >> reporter: she's considering returning to puerto rico eventually. >> she has the dream of going

back. >> reporter: there is a political component to this that a lot of people are talking about. florida is a prized swing state. consider this. in last year's presidential election the latinos went to the democrat. the latino vote went to the democrat. president trump won the state of florida but by 100,000 votes. if 200,000 people have come here decide to vote what could that do in next year's midterm election. >> we still think of the election of 2000. thank you. up next, a look at this morning's other headlines including growing worldwide concern about president trump's decision on jerusalem. and legendary actor dustin hoffmann gets defensive when he brings up accusations of

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welcome back to cbs this morning. here's a look at some of this morning's other headlines for you. the washington post reports that air warnings are mounting. president trump is likely to outline a new policy in a speech tomorrow. arab leaders warn it could end peace efforts. the palestinian foreign minister called for an emergency meeting which is expected to take place later today. >> more than 4,000 guns were sold to disqualified buyers. the fbi issued requests last year to retrieve the guns. it's the largest number of such requests in ten years. the buyers are probably people, the background check system should have blocked because they had criminal records or other problems like mental health issues. the seizures highlight a flaw in the system, a gun sale is allowed after three days even if the background check is

incomplete. politico reports that prosecutors while under house arrest, manafort tried to write an op ed. they allege that manafort enlisted a colleague with reported ties to russian intelligence to help him ghost write an op ed about his work in ukraine. they say that that violated a judge's gag order and want mf d manafort confined to his home. >> the brazenness is incredible. >> you think he would have learned his lesson. and a new facebook app for children. facebook unveiled its messenger kids app yesterday for children 13 and under. parents must approve who their kids chat with through their own facebook accounts. critics say many children are too young to process social media interaction. facebook says parental oversight allows for a more controlled

environment. >> it's for kids under the age of 13. you guys both have kids under the age of 13. you're hearing a lot of parents complain about this. what do you say? >> i don't know enough about it but i'm going to look into it after reading this report. >> i am too. i don't know how i feel about it yet. >> there are already twice as many cases of flu this year compared to last year. a flu expert tells us why the vaccine does not work very well and the best way to protect ourselves. we'll be right back. i used to have more hair. i used to have more color. and ... i used to have cancer. i beat it. i did. not alone. i used to have no idea what the american cancer society did. research? yeah. but also free rides to chemo and free lodging near hospitals. i used to maybe give a little. then i got so much back.

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let's get it. this is cbs-3 "eyewitness news". good morning, i'm joe holden a south jersey school shut-down last october by mold will reopen after winter break classes will resume at monroe township's while hall elementary school on january 2nd. officials say the clean up will be done by then. now, for now, whitehall student continue to attends classes at williamstown, middle school. let's get a check of the forecast with meteorologist, katie fehlinger. >> joe, starting to see a little hint every sunday shine trying to break through the cloud deck, it won't have easy time sticking around, that sunlight, however. as we do have frontal boundery making it approach. so pretty much dealing with half and half forecast, half the state of pennsylvania covered in rain, the other half where we sit, not so much just yet. but give it time. we will likely see few

scattered showers through the day, and then late afternoon, at the earliest, and specially tonight, the heaviest rain crosses from that front temperatures take big hit by tomorrow. meisha? $30 northbound bound, see squeezing by, a lot of gaper delay on the northbound side, much gaper delay on the southbound side, as well. plus, williams berg delaware dump p truck pulled downfall end wires, so it is closed at route 71. our next update at 8:25. coming up this morning, experts say there is could be a bad flu season. i'm joe holden, good morning. i'm a small business, but i have...

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it's tuesday, december 5th, 2017. welcome back to cbs this morning. president trump's lawyer says it's impossible for a president to obstruct justice. we'll have a legal upon on that. plus, john oliver challenges dustin hoffmann's response to a woman accusing him of sexual harassment. >> todayly wildfires exploding across southern california this morning. flames are racing into the city of ventura. >> you can see this is one of just several homes on fire right now in this neighborhood. >> the president was informed in late january of inconsistencies in michael flynn's statement ps

about his russia contacts. >> this rustic venue will be teeming with supporters even after one of moore's accusers has come forward with new evidence. >> a former "today" show host described hearing his interaction with mr. trump on that tape as a gut punch every time. >> you feel shame. i feel like i sacrificed a little bit of who i am in the moment. >> news out of the supreme court, them upholding the travel ban. >> the travel ban can stay in effect while all these appeals play out. >> james comey, the top fired used it to control the president about the truth. apparently this is how the united states government works now. the president posts policy on twitter. high ranking oisfficials post o instagram and it goes to a facebook post just as the founding fathers intended.

look at those pictures. i'm nora o'donnell with gayle king. we're following this story because firefighters are racing to contain a deadly wildfire that forced thousands of people from their homes. the fire broke out yesterday just northwest of los angeles and it exploded in size overnight. at least one person was killed. 150 structures have already burned. >> this is very serious, fires threatening the city of ventura. one of several burning. winds are pushing the flames. we're in ventura with the latest. >> reporter: here in ventura, one home after another burning to the ground, take a look. you can see in this neighborhood at least six at the end of this cul-de-sac. firefighters telling us they have put out fires in these homes only to have embers reignite them. it's been a frustrating night

for them. at least 150 structures have burned and that 31,000 acres have burned with about 27,000 people evacuated as firefighters continue to battle this. >> zero percent contained at this moment. stay safe. this morning there's new talk over what president trump knew when he fired national security advisor michael flynn. sources tell cbs news the president was told in january about inconsistencies in flynn aes oon 's answers. he was not told he had lied to the fbi because lawyers were not sure of that. >> michael flynn pleaded guilty on friday to one charge of lying. the president tweeted he fired flynn because he lied to trump and the fbi. sources say- worded poorly. it has now led to questions about whether the president obstructed justice.

now, in a statement, dowd told cbs news the president's quote, the chief law enforcement officer of the united states and comey's superior. he cannot obstruct himself. >> cbs news legal analyst joining us at the table to discuss questions being raised here. you're always told no one is bo the law. so the the president's lawyer correct that he cannot be charged with obstruction of justice? >> no, i don't believe he is correct at all. >> you used the word charged. he may be correct about that, but can a president obstruct justice? of course, a president can obstruct justice and if he does or she does, they must pay the consequences. we have to look at what obstruction of justice is. it's the intent to corruptly influence, impede or obstruct a proceeding or the fair administration of justice. it's a very unsettled question and in this regard, the lawyer

is right that a -- we believe or legal authorities believe that you cannot be prosecuted. you can't be charged in a criminal court. why do we believe it? because it's never been done. which doesn't mean it can't be done. we just don't think it can be done. >> well, in fact, ken stahr who investigated president clinton during the scandal actually said it is legal for a federal grand jury to indict the president. the water gate special counsel, same thing with nixon. they also concluded you could indict a sitting president. >> there's a mixed bag. i think that the great constitutional scholars of the land believe right now believe you cannot indict. the remedy is impeachment. that is the traditional remedy and the idea that you say you can't -- my client the president can't obstruct justice, we know from nixon and from clinton that in the articles of impeachment the charge, or one of the charges was obstruction of

justice. jeff sessions, the present attorney general said that bill clinton, he believed had obstructed justice. >> around the president saying i didn't do it, my lawyer did it. doesn't that raise questions because when you think it's the president tweeting you think it's the president himself tweeting. >> and i think we still basically believe that. the difficulty of the lawyer getting involved is twofold. number one, let's look at strategy here. the strategy throughout has been, this never happened. there was no russian collusion, the president never obstructed justice. well, now we've moved to another strategy, which is the well, if it happened, the president cannot obstruct justice. that's a major shift of the defense strategy. so let's look at the fact that the lawyer now says that he in fact, wrote or dictated the tweet. well, by now talking about that process has he waived the

attorney client privilege? is there an issue here that he's simply speaking that out loud, creates a whole new problem that will wind up with robert mueller. >> and when it comes to this president it's the tweets in particular that seem to get him in trouble. he's written thousands of tweets. can they be used as evidence of obstruction? sean spicer this past summer said that tweets are his official statements. >> well, i think that the tweets can certainly be used as part of the evidentiary arc if there is at some point in time ever a charge of obstruction that is for impeachment purposes. you put all the things in the basket that happened. you put the conversation with comey, you add in the tweets. it doesn't mean and i agree with the people who have said that there would not be for the president of the united states a look at a charge, if you will, or an impeachment of the president based on his tweets alone. that's not going to happen.

and this may never all happen. but that basket is getting more and more full and robert mueller now has all kinds of other things that he can ask. >> all right. thank you so much. moscow's new u.s. ambassador says the ongoing russia probe is making his job more difficult. he used to be the deputy defense minister. now he says many u.s. officials are hesitant to meet with him. his predecessor kislyak is a key figure in special counsel robert mueller's investigation. he asked about the mueller probe in his first interview since becoming ambassador in august. >> how do you get past the mistrust around the 2016 election? >> it's very difficult to try to find where it is not -- >> you're saying there's no story there.

>> there is not any proof in russian interference into your election. >> well, he called himself a hostage of the feud between the republican and democratic parties. the u.s. intelligence community has concluded that russia attempted to influence the presidential campaign through hacking. an exchange between john oliver and actor dustin hoffmann is getting a lot of attention this morning. during a discussion the movie screening last night oliver asked hoffmann about an allegation of sauexual harassme. hollywood reporter published the allegations. >> dustin hoffmann responded at the time saying i feel terrible that anything i might have done put her in an uncomfortable situation. i am sorry. it is not reflective of who i am. last night oliver criticized that response as a copout. he also said blaming it on a

different era doesn't show self-reflection. oliver then told hoffmann part of what the accuser wrote. >> she wrote one line. she said no one is 100% good or bad. true. right? dustin's a pig, but i like him a lot. that is most extremely generous and damning. >> do you believe this stuff that you're reading? >> i believe what she wrote, yes. >> why? >> because there's no point in her lying. >> well, there is a point in her not bringing this us in four years. >> oliver said he felt he needed to address the subject. during the conversation hoffmann said rools like tootsie showed his respect for women. >> it's certainly something everybody is talking about. it did seem very awkward.

>> especially for the two in between them. this year's flu season could be much worse than last year. top infectious disease expert is here with why the latest vaccine may only help 10% of people who get the flu. but

the cofounder of retailer every lane once vowed to never put his products into physical stores but that just changed. the ceo will now be here to tell us why he think it is mortar stores are back in fashion. you're watching cbs this morning. and the wolf huffed and puffed... like you do sometimes, grandpa? 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.

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new concerns about the flu season. health officials say there are signs this may be a rough winter. confirmed flu cases at just over 7,000 are more than double what they were this time last year. the virus is now widespread in four states. the dominant strain is h 3n 2 which may cause more severe illness, even more troubling this year's flu shot is the same one used in australia's flu season when it was only 10% effective. australia typically sets a pattern of what we will see

here. a professor at harvard and an infectious disease expert who heads up her own research lab is here. good morning. >> good morning. >> so 10 to 60% effectiveness. what do we know about this year? >> well, so that's true. you know, on average about 40% effectiveness for the flu vaccine. we -- you had mentioned that in australia they did have a poor season with only 10%. they had a very bad flu season, about five times as many cases than the previous year and a lot of it has to do with the vaccine was only 10% effective so it's even low nor the flu. so with that there's a lot of people that are susceptible and because the formulation, the vaccine that they used in australia is the same one we are going to use this year, we expect something similar. >> why can't we get a better flu vaccine? >> they're an inactive version

of the virus that we present to our immune system and the immune system gets to see it, to recognize it and learn it so we're ready to respond. the problem with flu and the virus that causes the flu is that it changes. it's very diverse. lots of different strains and it's changing all the time. and so by the time we pick a version of the virus to make into a vaccine and put it into production might take six to eight months and in that time the virus might change. and so that's an issue and then also just in the production itself, we have to grow it up and we normally grow it up in bird eggs and in that time it also can mu state in production itself so it diverges in two directions. >> i can ask this because my son is not watching and he's at school. every year he cringes when we have to go get that flu shot. i tell him it's mandatory. we all go in there, my husband, myself, my son. is it worth getting a flu shot every year if it's not that

effective? >> it's still worth getting a flu shot. personally i always get a flu shot. even 10% effective is better than anything and if we all get -- a lot of it has to do with immunity. the more people protected and for a year that it's low effectiveness, it's even more important that we get as much resistance and we don't allow the virus to grow and change. >> are you more susceptible to getting colds and the flu in general when you got a shot? >> when you get a shot, no. the shot is giving your immune system a practice run so it could be protective across the board and it's not only protective from getting the flu but also the severity of the flu if you get it. >> next year is the 100th anniversary of the flu epidemic that killed 50 million people worldwide. i know you're concerned about a

pandemic. >> i'm always concerned. i've worked onebola and because it can move so quickly it's caused three massive outbreaks in the 20th century including the 1918, caused 50 million deaths. a significant portion of the world's population. but the good news is that the same tools that we can use to stave off seasonal flu are the same tools that we would use to stave off a pandemic as well as to flu or any virus. there's a lot of fun technologies for that. >> we'll have to leave it there. thank you so much. 13 states are asking the supreme court to get involved in a dispute over eggs. and coming up next, panda diplomacy with the help of france's first lady. like it already. you're watching cbs this morning. we'll be right back. when you have a cold stuff happens.

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>> good morning, i'm rahel solomon, the final fades of five year plan to rebuild the ocean city boards walk now underway replacing the board between tenth and 12th streets , some of which should be find i shall by march, just in time for the summer beach season to start. not quite beach weather just yet, but it is warmer out there, remember. >> yes, actually is quite a warm day. already, started off easily in the mid 40's, and that's the shot where we would normally top off the daytime high. so all we do from here is warm up. but clearly some changes on the way. steady rain, working its way

east right now through parts every pennsylvania, and it will be reaching us, really, the next couple of hours, not until, say, 4:00 p.m., until midnight, though, the heaviest rain will fall between that window, i know long window, but the further inland, the sooner, more like 7:00 to 9:00 l midnight out near the immediate coastline, then all that does begin to clear into very early tomorrow morning, but behind this front, of course, we cool down, to the point that the next system could even turn into a few snow showers. >> good to know, thank you so much, katie. still very busy on the roadways, another accident, pa turnpike involving injuries westbound at willow grove. left lane is compromised there , looking less, less than posted speeds, see a lot of yellow out there. another, talking about this, route 72, right now, closed between route 71 and porter road. you will have to use an alternate old porter road going to be your best bet around there. and, quick peak at 95, interstate 95, pushing in the southbound direction, approaching betsy ross, still,

traveling less than posted speeds. rahel, back over to you. >> meisha, thank

well, did it work? yes, it did. the demolition charges worked this time. explosives finally brought down the silver dome in michigan. monday's demolition as you may recall took out the upper levels. on sunday it was a very different story. the implosion meant to bring down support beams failed because of a little wiring problem. crews were back today to continue tearing it apart. >> i wonder if that -- because the staid jum is so strong or because those that engineered the explosives didn't do a good enough job. >> i would go with the latter. >> i would to. i'm thinking it's that too. it's a little wiring problem. >> a little wiring issue.

>> but they got it all straightened out. welcome back to cbs this morning. >> right now it's time to show you some of the headlines. the new york times director is defending the agency after president trump says the bureau is in tatters. in an e-mail to fbi employeers christopher wray said he was inspired by their dedication to justice. president trump accused fbi agents of unfair treatment of former national security advisor michael flynn who actually pleaded guilty to lying to the fbi. >> the boston herald has a followup on a story we reported yesterday about rob gronkowski being suspended one game. he plans to appeal. the patriots tight end threw his forearm into the back of the player's head on sunday. he apologized after the game. he said his actions stemmed over frustrations from the lack of

consistency from the officiating crew. youtube will hire more reviewers to screen videos after backlash over kids' content. a advertisers pulled away after youtube reported videos of vie lieutena lent themes. 13 states have launched a new legal challenge to california's egg law. the states are asking the u.s. supreme court to block the measure. it requires any egg sold in california to come the hens that have space to stretch out in their cages. the states claim that since the law took effect in 2015 it has cost consumers nationwide up to $350 million because of higher egg prices. if los angeles times looks at a study that says eating for your health is also better for the environment. researchers say if citizens in 28 high income nations followed their government's dietary recommendations, green house gases related to food production would fall by up to 25%.

and the amount of land needed to produce food could also drop by as much as 17%. >> interesting. and billboard reports that ed sheeran topped spotify's 2017 most streamed list. you're watching -- well, you're hearing it too. this is a top song. it's called "shape of you." i love this song. his album was streamed more than 3 billion times making it the most streamed album of the year and he's the most streamed artist with more than 6 billion streams. rounding out the top five, drake, lamar and the chain smokers. a lot of people accept that ed sheeran was not nominated for a grammy. >> i love all five of those artists. >> but ed sheeran's got his fair share of grammys from past years. >> he does. retail experts predict this year will end with nearly 7,000

store closings across the u.s. but one retailer is joining the growing list of online companies opening brick and mortar stores. every lane just opened its first physical store in new york city. the move marks a huge departure from what every lane cofounder and ceo told the "new york times" in 2012. back then he said, we are going to shut the company down before we go to physical retail. i am quoting you in your own words. every lane earned $100 million in revenue last year. michael is at the table so you kind of cluck led when you heard yourself a few years back. so why were you wrong? >> no, michael, let's talk about that for just a second. >> let's talk about it. >> you were so adamant about it but i heard on the oprah winfrey show years ago you have the right to change your mind. >> absolutely. we believed we could do this online only. what we found is customers like

to touch things before they buy them. you know, especially products when it's cashmere, when it's nice quality and then moreover, everlane is about that ethical part of the brand and we want to help bring that mission to life. so we wanted to build a space where we can tell the stories of our products and we decided retail is that avenue for us. >> was it a hard decision to make? >> i think the hardest part was the number of people telling me that i made that quote and rubbing it a bit in my face but it's okay. >> so was it you were facing declining sales or you just weren't growing? >> no, we've been doubling every year for the past three years. it's really an opportunity to bring the mission to life. we -- you know, the ethics, the transparency, we tell you the cost of everything we make and then what you're paying so you can see that markup and we tell you the stories of our factories and we want people to have a space where we can actually tell those stories in real life, not just online. >> as you know, time is money for consumers these days and

it's hard to get people into a store. what is it that you're doing that entices people to come in? >> it was a scene i never expected. we had 75 people in line the entire weekend for the store. and i think what they're looking for beyond just retail is an experience. they want to come in, they want to feel the brand and they want to bring that to life. and traditional retail isn't doing that right now. >> what do you sell? if i go to your store, are you wearing your -- >> i am. cashmere. button downs, we have denim, we just launched denim and it's mostly actually for women. we sell all basics and the idea is to create the best quality basics and offer them in a transparent and ethical way. >> you keep saying transparent. what do you mean by that? >> so imagine that you know when you buy our cashmere, you know the factory where it came from, you know how many workers work there. you know we've done all the right audits and in every product you can feel comfortable buying from every lane. and it's affordable.

>> i heard from reliable sources that you can hear a making of a t-shirt. i have no idea what that means. >> we've recorded the -- there's 13 sounds of a t-shirt. the different sewing, the different finishing, the dyeing process and you can put that on and hear inside of our factory. we give if you're in l.a. we give tours of our factory. >> so where are most of your clothes made? >> depends. every product is best for that country. all of our shoes are made in italy. we have cashmere out of mongolia. we make t-shirts in los angeles and there's a lot happening in vietnam. so denim, we found one of the cleanest factories there the world. >> to go back to the experience of being in the store, what's interesting and we are seeing in more and more stores the socializing, bringing people together, hosting events, doing yoga classes, what have you so it's not about the individual shoppers as much as it is the clektdive. >> yeah, we're not doing yoga classes yet. we don't have yoga cloetds bthe

this everything we're hosting an event where people can come and ask questions and we'll be doing events all throughout the months and we believe that's a big part of the future of retail. >> and you started this company when you were 25. how old are you now? >> i'm 32. >> so what did you see at 25 that you thought, i want to do what? >> i grew up on the west coast and on the west coast there's this really open and honest way of communication. and the internet was part of that. we tlaugt thhought we could do thing to apparel. >> you said affordable. what's your definition of affordable. >> silk all under $100. >> who's your target consumer? >> our mind it's anyone who wants to know where their product comes from. so we're seeing 18 yee-year-oldd 85-year-olds come into the store. >> that's a big range. >> it's about a state of mind. it's about wanting to know, it's about wanting value, wanting to

get quality and we're really trying to make quality products that last and there's a real shift in consumers now days. >> you're right about that. congrats to you. you and your team are doing something right. >> thank you. >> thank you for coming to the table. >> from pacemakers to organ transplants, science -- don't leave yet, michael. >> live tv. don't you want to stay with us a little longer? >> i'll stay as long as you want me. >> a new novel explores how technology can help us liff forever. you really want to do that? hello, stanley bing. >> okay. maybe that's not his real name. >> hello stanley bing with the joys and dangers that may come

remember the robot on the jetson's? some of the biggest names in

technology like jeff bezos and peter tale a peter teal are donating things that are out of this world. the possibility of eternal life. >> the new novel is called immortal life, soon to be a true story. imagine future where humans evolved in digital form. gill is a senior executive vice president and chief communications officer for the cbs corporation and more that will life is published by simon and shoouser but for the purpose of this interview you're going to call you stanley and you may call me beyonce. so stanley, this is the thing. when i read this book i don't know if your intention was to scare us or to make us think because it involves body transplants and brain transplants and this is a big departure for you. why was this subject so fascinating to you? >> first of all it involves people who have a lot of money and they're in business and they have never failed at anything,

these silicon valley types and they are looking into the possibility of essentially copying your brain, doing a -- if you think of the brain as a computer you can back up your brain. you put it in a storage unit, and then if you can create a new housing forit, then you've got a new body and this could be done infinitely. >> what fascinates you about that? >> i'm a -- i'm not as young as i used to be and i would like to live forever. and i think a lot of people when they get to the age, you could be 40 and suddenly realize, wow, you know what? it would be really nice to line extend my life and be around in 100 years. >> right. the idea being that your personal device could be implanted into your brain and that you could live immortally once the body essentially dies. >> well, the body -- your old body may die, but you probably can create a new one. right? >> because all of your knowledge would be in this which can be

transplanted. >> at least it can be sent. it can be sent up to the cloud. the cloud can hold it and then it can come down and then the question is how do you get the new body. and we're right now printing, you know, organs, kidneys are being printed, they're not working yet, but if you move the world 20 years, 25 years into the future, it's easy to see how you might be able to create life by printing it. and then you have a new body and i think, you know, i'm feeling pretty good, but if somebody offered me a brand new body -- >> at one point there was a printer of a 3d penis. i'm asking what are you saying here? >> it's certainly an organ. >> this is a morning program. >> it is. >> but the mogul who does print that does appreciate the ability to do so. >> a follow on that t one reviewer of this book did call

it an optimistic nightmare. >> you know, i like the fact that it's scary. i mean, i think some of the best -- i think some of the best entertainments that we have especially ones thinking about you know, how the world is going, they should be a little scary and when you're talking about transplanting a consciousness from one person into a body that has its own consciousness, i mean, our hero, gene, he's not very bright and his brain was newly created. gene wants to live and here comes this massive consciousness of this 127-year-old mogul pouring into his head. and that's uncomfortable. >> yeah. >> so that should be scary and i think by the way, you don't have to be in the future to be scared about the world. >> you dedicate this book to the tech titans right of the world. you have marc zuckerberg, elon musk. i think about google approaching its 20th year. and we're now at this point of

technology, whether it's intentional or not becoming involved and some really questionable activities with regards to elections, what have you, social media. what role do you see technology having in the future? is it more of a positive thing or as you said, parts of it are scary. >> i think the problem with technology is not in itself -- i mean, they do a lot of good things. the problems happen when people do tech because they can. in other words, they made bombs because it was so interesting to figure out how do you do that. nuclear power plants, you know, wow, we could do that. let's try to do that. now the tech guys are doing a lot of stuff like for me self-driving cars. they'll be able to do it. >> do you want one? >> i don't want one. i really like a big car with horsepower and my feeling about self-driving cars is no one will be able to drive their car. it has to be everybody in line all going -- you'll be doing in that self-driven car, you'll be connecting with the cloud

through your implanted tech. so i mean, it's just like not creating human beings. >> so do you take it in such a fantastical ride because you say he's 127 years old. a young person in the book is 60 which i like very much and his empire is $63 trillion. where did you get the $10,000 bathrobe? >> well, i live in new york a lot of the time and you go to have breakfast and it's $40 and it used to be 1.99. >> i like that women are heroes in this book. >> yes, they are. absolutely. they save the planet. >> stanley bing, thank you. >> thank you so much. >> we invite you to subscribe to our cbs this morning pod cast. you'll get the news of the day, extended interviews and pod cast originals. find them all on itunes and apple's pod cast app. you're watching cbs th

be sure to

mii'm alive and have a second chance. james: i'm thankful for the help and the opportunity that i received. darlene: i'm thankful to be able to help people in crisis. vanessa: i'm thankful that addiction is treatable, and that help is available. christie: new jersey is experiencing a heroin epidemic fueled by opioid painkillers. but if you or someone you love is struggling with addiction, i want you to know: we are here for you. this holiday season, choose help. call 844 reach nj or visit reachnj.gov. let's think about what goes in hoh., renee. and we think ba-blam's gonna kill the stomach flu? i'm scared to use the facilities. i don't blame you. if you want clean, your cleaner needs bleach in it.

clorox means clean. >> saving a man's live at a thank giving day football game now, pennridge fans returned to help 75 year old peter maha n who collapsed in the stands just before the game's kick off. last night the school board acknowledged the bystander's quick thinking, and mr. mayhon said his doctor credits his recovery to the bystanders who saved him. now for the eyewitness weather forecast, meteorologist, katie fehlinger in the weather center new frontal boundery marching east right now, that's going to be bringing in some scattered showers, at worse, through the majority of the daylight hours but, toward night fall, and the evening rush, that batch of the heaviest rain going to

start crossing our area, so, you have at least little bit of window where it is not too bad out there. certainly mild. look at atlantic city 57 currently, but those winds bar bs shooting on shore, so the humidity, moisture content , all building up in the atmosphere before the front crosses, expecting high of 52 in the city t gets wiped clean by tomorrow. sixty-two today. cooler than average for the rest of the forecast, come friday night into saturday southeast counties specially meisha could even see some snow showers. >> freezing, literally. thank you so much. so looking outside right now, in our morning commute is okay but we still are not without an accident. had it all morning long, still have them, 422 eastbound before trooper. >> this one now pulled off to the shoulder. very, very slow moving, as you travel on past. delaware accident, still out here, and it will be out here for extended period of time. seventy-two is closed between route 71 and porter roads. use old porter road, as your best alternate, and that accident on the pa turnpike westbound at willow grove

still out, there as well, joe, over to you. >> meisha, thank you so much. that's "eyewitness news" for now. join us for "eyewitness news" at noon. i'm joe holden, i

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>> announcer: before you start your holiday shopping spree, could you be in danger of giving the gift of toxins? >> 250 times the amount of lead that's aloud in children's toys. >> allowed. >> we have the terrifying truth behind toxic toys. >> this can be lethal. >> and the season's most dangerous one. >> and a flu-topilics? >> and -- they don't know anything! >> announcer: that's today! ♪ >> dr. travis: welcome, everyone. the holiday season is upon us. that means toy shopping galore! >> audience: whoo! [ crowd cheering ] [ applause ] >> dr. travis: this is a big but, in 2016, 2 40,000 children in the u.s., went to the e.r. for a toy-related injury. that's a lot. >> our producer lese