. can i do it? can i do it? can my family. >> vice president joe biden with a statement about the possibility of the white house run. republican front-runner donald trum pledges his allegiance to the gop on the real issues. he defied it and now she's in jail. a county clerk at the center of the standoff of the same-sex marriage scandal is held in contempt of court this morning they'll try again to get their marriage. a hero comes home. the last of the three americans

who helped thwart a terror attack on a paris train returns to cheers. drone drama at the u.s. open. a match is stopped when an aircraft buzzes over the court. just call him teflon tom. a judge wipes out the nfl suspension of tom brady clearing the way for the new england patriots quarterback to play in the season opener. this is the "cbs morning news" for friday, september 4th, 2015. good morning. thanks for joining us. i'm marlie hall in for anne-marie green. in kentucky today same-sex couples say they'll try again to try to get a marriage license at the county clerk's office. kim davis, the defiant county official who refused to issue licenses is behind bars but the deputies say they will comply with the order. >> reporter: rowan county clerk

kim davis remains in jail this morning. a federal judge found davis in contempt of court thursday for defying multiple court orders to issue marriage licenses to same-sex couples. the judge had given davis two chances to cooperate. he would have let her out of jail if she agreed not to interfere with the clerk's work, but she refused. april miller and her partner kim roberts have been waiting for this day. >> as a couple, it will be a very important day in our lives. >> reporter: there's no telling how many couples will show up at the clerk's office. five deputy clerks told the judge they'll start issuing marriage licenses today. >> we believe that they were sincere when they told the judge they were going to start complying with the order. >> you are an enemy of god. >> reporter: in the heart of the bible belt the ruling came as a surprise to many. a number of conservative christians are opposed to same-sex marriage. >> our grandfather, grandmother, my dad and mom and all would turn over in their graves if

they knew what was going on here. >> reporter: during davis's testimony the born again christian cried saying she believes god's moral law was higher than the court's. >> she's not above the law. that's where we are. she's not a martyr. >> reporter: the judge rules she will remain in jail until she complies with his ruling. in his first public comments about a possible are you for the white house vice president joe biden says he's not sure while donald trump says he is sure he won't make a third party run. don champion is here in new york with details. don, good morning. >> reporter: good morning, marly. the vice president says he does not know if he has the emotional energy needed to mount a run for the white house. meantime, the feud between donald trump and jeb bush appears to be heating up, this time over foreign policy. vice president joe biden offered up his most concrete statement yet on whether he plans to run for president.

>> can my family undertake what is an arduous commitment that we'd be proud to undertake under ordinary circumstances? just don't know. >> reporter: polls show democrats favor him if hillary clinton fault terse because of the controversy over her private e-mail server. in testimony before a house benghazi committee thursday, long time clinton aid cheryl mills said none of clinton's work-related messages given to the state department have been withheld or destroyed. another aid who helped set up the server plans to invoke his fifth amendment right and not answer any of the panel's questions. on the republican side, donald trump faced foreign policy questions on the hugh hewitt radio show. >> so the difference between hezbollah and hamas does not matter to you yet but it will. >> it will when it's appropriate. i will know more about it than you know and believe me it won't take me long.

>> reporter: trump said he was asked gotcha questions. >> you've got to know who the players are, you need a strategy. you can't flippantly say, well, i'll hire the best people and it will be done. >> reporter: all 17 candidates including trump have now signed a pledge to support the eventual nominee. this morning jeb bush is not the only one taking jabs at trump. chris christie said it was a little too much drama. the pledge is not legally binding. >> don champion here in new york, thank you so much. donald trump's security staff scuffled with demonstrators opposed to the immigration plan. trump's security team grabbed one of the protesters signs. they accused trump of being a racist. some dressed as members of the ku klux klan they say to make their point.

overseas now and the growing migrant crisis. this morning the prime minister of hungary said we could end up the minority in our own continent. a standoff continues with migrants who refuse to leave a train outside budapest to be taken to a refugee camp. yesterday police let them board the train but then tried to force them off. some pleaded not to be taken away. one man was so desperate he grabbed his wife and infant son and threw them on the train tracks as he shouted, we won't move from here. they are among the thousands or hundreds of thousands of people fleeing war and poverty in the middle east, asia, and africa trying to reach western europe. it's this picture of a 3-year-old syrian boy who drowned as his family tried to cross the mediterranean that's put a human face on this crisis. his 5-year-old brother and mother also died. the boy's aunt says her brother desperately tried to save his

family when their boat capsized. >> he tried all his power to put him -- to put them up the water, to bring it and screamed, daddy, please, don't die. >> the father is taking his family back to syria to be buried. the first piece of debris from long missing malaysia airlines flight 370 has been positively identified. french investigators matched a serial number found on this wing part that washed ashore on a remote indian ocean island to the boeing 777. the plane vanished more than a year ago with 239 people on board. in illinois authorities investigating the murder of a veteran police officer are hoping security video can help them identify three suspects. the manhunt for the fugitives has spread across a popular tourist area north of chicago.

lieutenant charles gliniewicz told dispatch he was chasing three suspicious men. a south carolina prosecutor will seek the death penalty against dylan roof. he's accused of killing nine black church goers in june. survivors say he used racial slurs during the attack. he is charged under u.s. hate crimes as well. the u.s. military has frozen operations at nine bio defense labs across the country. the labs covered by the safety standdown work with dangerous viruses, toxins and bacteria. the order expands a moratorium on activities in july after the discovery of live anthrax outside a containment area at one military lab in utah. that facility had been mistakenly shipping live anthrax to the u.s. and abroad for years. he's won four super bowls and now tom brady is claiming a new victory, this one over the nfl.

a federal judge overturning the league's four-game suspension of the new england patriots quarterback. brady smiling last night before the patriots preseason game. he didn't play but the ruling means he will suit up next thursday in the season opener. the judge blasted the nfl's discipline process in suspending brady in the deflategate scandal but he did not weigh in on whether brady actually used deflated fblsootballs. the nfl is appealing. coming up on the morning news, we'll show you how the internet is responding, but first drone drama on the tennis court. an unmanned aircraft interrupts a match at the u.s. open. the johnson's scent, lather, and bubbles help enhance the experience. so why just clean your baby, when you can give him so much more?

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air man stone landed at trafs air force base to a hero's welcome last night. he and two friends stopped a heavily armed gunman on a paris bound train last month. stone and his friends will be given a heroes parade in sacramento on september 11th. police in sacramento are looking for a gunman who killed one student and wounded two others. thursday afternoon classes were interrupted by gunfire on the cam pass of sacramento city college. the man opened fire in a parking lot after a verbal dispute. as police searched for the shooter, the campus was locked down. >> scary, you think you're nervous for no reason and they're taping the campus off around us and police at the doors looking on us. >> one victim was declared dead at the scene. another was hospitalized and the third suffered only a graze wound. police in massachusetts say an officer lied about a gunman firing at him.

police in millis say the only ballistics evidence recovered at the scene were from shots fired by the officer into his own cruiser. he claimed that a man in a pickup truck fired at him. the 27-year-old officer is expected to face criminal charges and lose his job. police in new york are investigating a flying drone that crashed during the u.s. tennis open. during a second round match last night a drone fell into an empty section of seats at lewis armstrong stadium. security and members of the new york police department stopped play as they looked at the drone before it crashed. it had flown over the grandstand. there were no injuries. straight ahead, straight talk about spanish. a news anchor goes on the air to counter criticism over how she pronounces spanish words. and it's the next best thing to living in bedrock city. your chance to live like fred

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everybody. >> i just don't like it. >> football fans sharing their feelings on thursday's decision by a federal judge to wipe out tom brady's suspension in the deflategate scandal. as you can imagine reaction online was also pretty colorful. someone posted a picture of a dunkin donuts in maine saying the judge, richard berman, can have free coffee for life. the now famous court sketch of tom brady had a new look. someone added a smile to it. and the patriots didn't have to say a word, they just posted a picture of a triumphant brady on their twitter page moments after the decision. on the cbs "moneywatch," tech giants own up to bad hiring practices and holiday season toys come out in full force. jill wagner is at the new york stock exchange with that and more. good morning, jill. >> good morning, marlie. this morning the labor department releases the august jobs report. it will likely be a key gauge of

how the economy is doing. a critical part of the equation as the federal reserve considers its first interest rate hike since 2006. analysts say 220,000 jobs were created and the unemployment rate fell to 5.2%. the fed holds its next two day meeting on september 16th. as investors on wall street wait for the jobs report stocks finished mixed yesterday. the dow gained 23 points. the s&p added 2 points but the nasdaq fell 16. a federal judge approved $415 million settlement in a case alleging several big name silicon valley companies prevented their workers from getting better jobs. it included apple, google, intel and others. the recall of kraft singles cheese expanded. 335,000 cases were recalled yesterday due to a problem with packaging that could lead to a choking hazard.

that is ten times the original number. the recall covers one, three, four pack kraft american and white cheese singles. the cases have best when used by dates from december 29th through january 4th. and if you are one of the more than 30 million americans expected to hit the road this labor day weekend, some good news. cheap gasoline. aaa says the national average for a gallon of regular is $2.44. that is the lowest in 11 years during the labor day break. analysts expect you'll see prices below $2 by december in some areas. it may be labor day, but it's not too early to think of holiday shopping. this year's hottest toys are hitting shelves this morning. a whole new line of "star wars" toys is being unveiled. light sabres, a fliebl drone version of the drone. if you want to live like fred and will ma flintstone,

we've got the house for you. the so-called flintstone house sits on a cliff outside of san francisco. it was built 39 years ago with a nod to the popular cartoon. now on the market for $4.2 million. the house has three bedrooms, two baths, self-propelled car is not included. marlie? >> i wonder if the original house had indoor plumbing? jill wagner at the new york stock exchange. jill, thanks so much. when we return, on air accent. a television news anchor takes to the air waves to respond to criticism over how she pronounces spanish words. if your purse is starting to look more like a tissue box... you may be muddling through allergies. try zyrtec for powerful allergy relief. and zyrtec is different than claritin . because it starts working faster

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a news anchor in phoenix, arizona, is defending her pronunciation of spanish words during english broadcasts. some viewers have been asking why vanessa ruiz rolled her rs. she spoke on the air about her pronunciation. >> just so you know, i was lucky to grow up speaking two languages and i have lived in other cities in the u.s., south america, and europe. so, yes, i do like to pronounce certain things the way they are meant to be pronounced, and i know that change can be difficult, but it's normal and over time i know that everything falls into place. >> ruiz says her goal is to stay authentic to who she is. she says her intention was never to be disrespectful to others. in a separate statement she says certain words just sound better when said in their natural way. coming up after your local news on cbs this morning, author salmon rush did i. i'm marlie hall.

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the man crying for help apparently chose the wrong woman to rob. that's professional mixed martial arts fighter monique bastos holding down the would be thief. she says she was walking with friends when the suspect and another man attacked them tuesday in brazil demanding their phones. bastos put one in a triangle choke for 15 minutes until police arrived. he was heard crying for his mother and father. and it's hard for the pope to move around anywhere in the world, let alone in rome, but he did it yesterday. the pope sneaking out of the vatican city with a few body guards to get a new pair of eyeglasses, but even in taking care of that chore francis still

drew a crowd. here's another look at some of this morning's top stories. deputies to kentucky county clerk kim davis say they'll be issuing marriage licenses to same-sex couples. several couples say they'll try today. davis spent the night in jail after she refused to obey a court ruling on same-sex marriage because of religious reasons. and vice president joe biden says he isn't sure he or his family has the emotional energy to run for president following the death of his son. republican candidate donald trump signed a pledge not to run as a third party candidate if he doesn't get the gop nomination. three women in san antonio, texas, were detained by police after riding on a school bus. police say the women were drunk when they got on the bus friday and the driver didn't realize at first that they were not students. >> how does that happen? my head's spinning still.

how does that happen? how does three grown drunk women get on the bus? why? >> as the women got off the bus the driver asked for identification and police stopped them. one of the women may face charges of assault for grabbing a student's arm. the driver has been fired by the district. and a woman in oak park, california, made a scary discovery in her living room. she found a huge rattle snake next to a window. it was more than four feet long. they think it slithered through the front door when it was left open for a few minutes.% >> he took up the width of this windowsill and his little head was all -- he was really all the way down here. then he raised his head and his tongue came out. >> firefighters say it's one of the biggest snakes they encountered. they blame the drought for the increase in snakes invading homes searching for food. coming up after your local news on cbs this morning, we'll

go to kentucky for the latest on the clerk jailed for refusing to issue marriage licenses to same-sex couples. plus, the new percs of flying first class and why it's getting tougher to fly coach. and an inside look at the big business of music festivals. that's the "cbs morning news" for this friday. thanks for watching. i'm marlie hall.