captioning funded by cbs good morning. it is thursday, january 10th, 2013. welcome to "cbs this morning." boston declares a flu emergency and the nra meets with the vice president to talk gun control. cnn's piers morgan is here. he's generated so much anger, the white house has had to react. baseball hall of fame voters send a message on steroids saying no to everyone. plus, the oscar nominations revealed in a new way. but we begin this morning with a look at today's eye opener, your world in 90 seconds. i am declaring a public health emergency in the city of boston. >> a deadly flu outbreak spreads nationwide. >> the number of flu cases is

getting worse. the virus killed 18 people in massachusetts. >> all 50 states are affected and at least 41 states have a widespread outbreak. >> cough a lot, sneeze a little. i've been in bed all day. the president and i are determined to take action. >> joe biden plans to meet with the national rifle association. >> he wants to advance his agenda through executive order. >> the president can do almost anything he wants to. the question is will he get away with it. >> the prts's cabinet continues to take shape. >> later, hilda solis announced she is resigning. >> today a team of federal investigators are focusing on why a commuter ferry slammed into a manhattan pier. 74 people were injured in the accident, one critically sneerch's scared. everyone just flew and people were on the ground. tel aviv, explosions claim this car bombing near the defense ministry. a dozen killer whales in

canada are trapped under a large stretch of sea ice. the hole is slightly larger than a pickup truck. all of whom are faced with stard use all shut out by the hall of fame. enough of this. and the people's choice is "hunger games." >> thank you. >> over here, looking 95 and nice both ways. >> someone's turning onnen a channel right now and they don't know the context. and all that matters. >> hillary clinton made her first public comments after nearly a month of dealing with a blood clot and concussion. >> i'm thrilled to be back. >> centers on a goofy guy who keeps embarrassing the white house or as joe biden put it, why is everyone looking at me. welcome to "cbs this morning."

norah o'donnell is on assignment. we begin with a dangerous turn in the nationwide flu outbreak. the mayor of boston just declared a state of emergency in his city. >> 18 people across massachusetts have died in recent weeks because of the flu. michelle miller is outside massachusetts general hospital in boston right now and joins us with the latest. michelle, good morning to you. >> reporter: good morning, gayle, charlie. well, here at massachusetts general, the hospital's restricting the number of visitors to certain departments like the ob-gyn floors. that's to protect the most vulnerable patients. they're also asking the hospital staff to wear masks throughout the day. 41 states are currently seeing intense flu outbreaks, almost five weeks earlier than usual this year. the harsh flu season has hit the city of boston especially hard. >> today i am declaring a public health emergency in the city of boston.

>> the city has already seen some 700 cases of the flu since october 1st and four flu-relate deaths, this compared with only 70 cases at this time last year. dr. barbara ferrer is the executive director of the boston public health commission. >> in the last two weeks alone, we've doubled our number. so if we continue at this rate of seeing new cases, we'll have an explosion of flu in the city of boston. >> i think it's very important to get the word out that the entire health care system is under strain. >> reporter: here at massachusetts general, they are dealing with many of boston's new cases. dr. paul biddinger says this has become the most significant surge in boston flu in five years. >> we've been seeing record-setting volume. we've seen 600 more patients in the month of january as compared to december. >> reporter: in lehigh valley, they're treating hundreds of people with symptoms a day. tents have been set up for

triage for less serious cases. >> we need a full functioning active emergency department for the community and this just enables us to see the patients that are not as sick, so mild illness, mild injuries, see them quickly, and then discharge them. >> reporter: back in massachusetts, dora oquendo says the flu hit her on sunday like a rock. >> so weak, tired, exhausted. it's just -- i'm tired from doing all the coughing. >> reporter: scribe activities discovered this year's vaccine is not protecting against the strain of the virus called influenza b, but dr. biddinger says vaccination is still your best defense against battling the flu. >> it's still not too late to get the flu shot. i would strongly encourage those who did not get their flu shot to get their flu shot soon. it would be a great idea. >> reporter: and boston's mayor

tom m says free flu vaccines are availableal day long. the blast injured several people. police say it appears to be a criminal act, not an act of terror because it blojs to an organized crime leader. sources tell cbs news president obama is likely to introduce ideas to reduce gun violence and he'll push the agenda later this month in his weekly address. meanwhile they're meeting with t president's task force on the issue. bill plante is at the white house where the vice president is leading the push for new gun restrictions. bill, good morning to you. >> reporter: good morning, gayle, charlie. well, the vice president suggested yesterday that the president could go around congress, use executive orders for some new gun restrictions, but, in fact, there's very lit thal the president can do without lawmaking, but biden did give gun control supporters some hope yesterday that change is coming. >> we here today to deal with a

problem that requires our immediate action, urgent action. >> reporter: the vice president was determined, saying the administration will act to reduce gun violence and pointing to the newtown tragedy as a game-changer. >> once in a while there's something that awakens the conscience of the country, and that tragic event did it in a way like nothing i've seen in my career. >> we just came out of what we thought was a very productive and actually inspiring meeting. >> reporter: after the meeting gun control supporters spoke of high expectations at the white house. >> they're looking at every, taking all of the well-intentioned solutions that are out there and saying what opportunity do we have to save the most possible lives. >> reporter: the president wants congress to ban assault weapons and high-capacity magazines. senator chris murphy is a democrat from connecticut. >> i think the first and easiest thing is to get the assault

weapons and military-style ammunition clips off the street. if assault weapons were not legal, i truly believe there would still be little boys and girls alive in newtown, connecticut, today. >> reporter: the white house recommend congress go even further by requiring universal background checks for gun buyers and establishing a national gun database, to proposals the national rifle association opposes. l late last night they lashed out at the president. >> i think they're being disingenuous. i think they're seeing this as going after the second amendment which they've wanted to do for years and they're going to do everything they can to strip americans the right to keep and bear arms. >> reporter: he gave another interview last night saying, quote, the anti-gun crowd has the best shot in years. he also says the nra is prepared for a long tough fight. so is the white house, which is

now urging outside groups to raise money for a campaign to push new gun regulations. gayle, charlie? >> bill, thank you. in the next half hour we'll talk with piers morgan. thousands have signed a petition to have him deported for his outburts to stricter gun control laws. the president today will nominate his chief of staff jack lew to be treasury secretary. lew used to be his budget director. if confirmed by the senate he'll replace timothy dwight mer. meanwhile labor secretary hilda solis announced yesterday she will be resigning. her replacement has not been chosen yet. officials say a commuter ferry yesterday just had a major overhaul. they don't know if that had any role in the accident that injured dozens of

parliamentarians. jim axelrod is at the terminal in lower manhattan. jim? >> reporter: good morning, charlie. we have pictures of the ferry taken just a short while ago, being guided into a dock in atlantic highlands, new jersey, where this investigation will continue. as we say, things back to normal at the dock here, but on wednesday morning the routine took a troubling turn. the crash occurred at 8:45 a.m. as it was docking at pier 11 after a routine crossing of new york bay. >> what it did was hit the right side of the boat on the dock hard, like a bomb. >> reporter: many of the vessel's passengers were waiting. the impact was so strong it shattered glass and threw scores of people into the air, hurtling them down stairs, crashing them

into floors, walls, and each other. >> the next thing i knew, i opened my eyes and i with us on floor 6 or 10 feet away from where i was standing and i was trying to catch my breath because i couldn't breathe. i guess i had the wind knocked out of me. >> reporter: at least 74 people were transported to hospitals in manhattan and brooklyn. 11 of those were treated for serious injuries. >> there's a lot of glass and a lot of metal that people, you know, were unfortunate to hit. i was one of the fortunate ones. >> reporter: officials said all five crew members were able to assist them in the evacuation. the captain is a veteran ferry operator who has been with the company since 1997. >> jason's a fine captain. he's been with us for a long time, but, you know, the national transportation safety board will be going over, you know, every -- every inch of the place. >> reporter: investigators will also be looking into the record of the vessel itself, which was refitted with a new propeller

system last year to make it more fuel-efficient. >> we're here to find out what happened so we can prevent it from happening again, and that's why we are here. >> reporter: right after the crash, all five crew members including the captain were tested. alcohol did not play a role in the accident. later today investigators will interview all five of those crew members as they continue to try to piece together exactly what happened here. charlie, gayle? >> jim, thank you. in washington afghan president hamid karzai meets. they may consider pulling all american troops out of afghanistan by the end of next year. joining us now, retired general richard myers, former chairman of joints chief of staff. he's a cbs military analyst. general, good morning. >> good morning, charlie, and gayle. >> hello. >> give us your assessment of a zero option. no american troops after the final withdrawal in 2014.

>> well, i think that would be an option that would probably lead to an afghan government that would be under pressure from taliban, perhaps al qaeda. you know, the world, of course, is a vacuum. i think that would start to leave a vacuum and a vulnerability to the afghan government that would be filled by taliban for sure and could result in an afghanistan that we found before the turn of this century. >> so you would recommend against it. >> if i were still in office, yes, i would. i think there's potential there in afghanistan to make the place a lot more secure with afghan forces, but it's going to take more time than we have currently. >> why do you think the white house may see it differently? >> i think part of it is there's always tension between getting afghans to take responsibility for their own actions and making sure they're doing all they can and not overly relying on u.s. and allied forces.

so i think part of what we're seeing is playing out probably in the media here is to put some pressure on the karzai government to be realistic about their expectations and make sure that the afghans are doing all they can to ensure their own security. >> what might come out of a karzai visit? >> well, i would hope one of the things that would come out of it is some sort of agreement on what sort of status forces agreement might come out of talks because that was a step that failed in iraq and why we had to pull all our troops out of iraq because we could never agree on the legal status of u.s. troops in iraq. and think if you talk to iraqi leadership today, that they regret that they were not able to come to some sort of agreement with the united states on that. so i would hope that at least part of what they talk about is that of forces and who has the legal jurisdiction over our u.s. forces that are left behind. >> so you would hope that what didn't happen in iraq will

happen in afghanistan. >> i think it's essential if we're going to have any presence past 2014 and if there's going to be that kind of help given to the afghan government. >> in the issue of al qaeda, there is a lot of talk now that in mali, you're having a stronger and stronger presence that's larming. >> this is something that's alarge. jim jones is the supreme commander in europe and i talk about this a lot. it's very disturbing that events have got on the the point where they have. mao mali is a peaceful nation. they resolve conflict through dialogue and negotiation and that's all turned on its head now with al qaeda working in that part of the world, and it seems to me it's something that we should take action on

actually. >> speak of action. >> well, you know, this is -- this is -- mali does not have the resources to deal with this themselves. so whether it's an african force, u.n. force, somebody needs to pay attention to this because the once peaceful people, their lives have been totally turned upside down, and it's -- somebody should take action and not just stand by and watch another country fall to extremist views. >> general myers, thank you very much. >> thank you, charlie. every year in the middle of the winter the baseball hall of fame chooses new members. when the vote was reviewed yesterday, it sent a chilling message. >> it rejected some great players suspected of using steroids. >> for only the eighth time since voting began in 1936, briep, they did not elect anyone to cooperstown. >> reporter: making that announce mnlts more remarkable, two of america's all-time greats, barry bonds and

seven-time cy young award winner roger clemens were shut out. >> when i found out they weren't elected, i was stunned. >> reporter: bill rhoden is a sports columnist for "the new york times." >> i call these guys generati generational superstars. others call bonds and clemens cheaters. although neither player was ever proven to use perform-enhancing drugs. but the hall of fame voters sent a clear message to players tainted from that era. not only did they resoundingly reject bonds and clemens but sammy sosa too. >> these dguys took it upon themselves to do what the court did not do. that's complete nonsense. >> reporter: bonds receiving just 36.2% and clemens, 37 hnt

6%. sosa received a meager 12.5%. >> the job of the guy voting for the hall of fame is to basically look at the numbers. look at who is worthy. it's not to bring my personal premg disinto the voting. >> reporter: clemens reacted by thanking his fans and friends on the twitter page, saying to those who took the time to look at the facts, we very much appreciate it. all three players will get a shot at mortality next year but if this year's vote is any indication, they'll need a dramatic shift to get a chance. time now to show you some of this morning's headlines. "the washington post" says the washington redskins are under new pressure to change their name but they say it's a racial slur. now the team wants a new stadium

in washington, d.c. and they say washington might have to find a new name first. usa reports the fda's considering tighter control on the painkiller vicodin, america's most widely prescribed drug. the cdc says prescription painkiller abuse has reached epidemic proportions. the washingtphiladelphia in says sandusky will appear to court today. the chicago ton siems says the coroner wants to exhume the body of a lottery winner to determine how he was poisoned. he won a million dollars and died a month later. tests reveal he died from cyanide poisoning. police have interviewed his widow who told the newspaper she's cooperating. she says she loves her husband and had nothing to do with his dealt, although she served the

>> announcer: this national weather report sponsored by aig, a leading global insheerer based here in america. bring on tomorrow.

talk show host piers morgan faces gun supporters head on. >> how much longer before you say we want less guns but more. >> the push to have him deport and if television coverage is bringing attention to the wrong people. and the video is spectacular and scary. a dozen killer whales trapped in the ice fighting for a single air hole. what's being done to get them out of there on "cbs this morning." >> announcer: this portion of "cbs this morning" sponsored by

naturemade full strength minis. . multivitamin softgels, 36% smaller, just one per day. blast of cold feels nice. why don't you use bengay zero degrees? it's the one you store in the freezer. same medicated pain reliever used by physical therapists. that's chilly! [ male announcer ] bengay zero degrees. freeze and move on.

introducing a revolutionary new mascara. clump crusher...crusher. 200% more volume. zero clumps. new clump crusher from easy, breezy, beautiful covergirl. from easy, breezy, beautiful it seems our angels have been stronger angel soft®. it's built with two softshield™ layers. stronger, holds up better, and still a value you love. new angel soft®. now stronger than ever. ♪ ♪ ♪

grown in america. picked and packed at the peak of ripeness. the same essential nutrients as fresh. del monte. bursting with life. nah, i'm good. ♪ [ male announcer ] every time you say no to a cigarette, you celebrate a little win. nicoderm cq, the patch with time release smart control technology. quit one day at a time with nicoderm cq. waiting for your wrinkle cream to work? neutrogena® rapid wrinkle repair has the fastest retinol formula. to visibly reduce fine lines and wrinkles in just one week. neutrogena®.

you know what was on earlier tonight, ladies and gentlemen, like i need to tell you here on cbs live was the annual cbs people's award show. how about that. i was nominated, and, darn, i was defeated in my category by brent muss burger. the category was creepiest old guy. darn. >> you knew a joke was coming there. welcome back to "cbs this morning." the vice president's task force on gun violence considers new gun control laws. a prominent tv figure finds himself at the heart of the controversy. >> it's lit a firestorm. gun enthusiasts are trying to force him out of the united states and the white house is weighing in.

>> let me just challenge you on that. >> reporter: piers morgan's crusade against gun violence in america has been since before sandy hook. after july's shooting in aurora he said the time for debate had passed. >> i'll tell you the date of the debate. it would have been yesterday to prevent this happening. >> reporter: but it was last month's massacre in newtown when morgan's outrage boiled over. >> how many more people have to die before you guys say we want less guns, not more. >> reporter: the cnn's host from bryn refused to contain his anger. >> i honestly don't understand why you would rather have victims be victim of a crime than be able to defend themselves. it's incomprehensible. >> you're an unbelievably stupid man, aren't you? >> reporter: they cried for morgan's deportation. more than 100 thousand signed on. the white house signed on tuesday saying no one should be

punished by the government simply because he or she expressed a view on the second amendment. all this week morgan has begun his show before large "guns in america" banner fully taking on the divisive issue anywhere more fully than face to face with the talk show host who calls for deportation. >> i'm here to tell you. 1776 will commence again if you try to take our firearms. doesn't matter how many beg to take them. we will not relinquish them, do you understand. >> how many gun bans were there in britain last year? >> how many chimpanzees can dance on a head of a pin? i already went over the answer. >> do you know the answer. >> i don't know. very low. >> you said hundreds. >> yes. >> you said 35. >> the point is. >> it's 11,000. do you understand -- >> yeah.

england wants to ban knives now. >> it's clear morgan is ready for a long battle. >> piers morgan now joins us here in studio 57. welcome. >> thank you for having me. it's delightful, the setup here. i'd expect nothing else. >> what have you accomplished? >> i think the main thing is normally after the massacres -- i joined -- as gayle said earlier, i joined cnn a week after gabby giffords was shot in the head. i couldn't believe coming from a country with gun control, the re, a was like a week of mourning for the six who died and gabby giffords who, thank goodness lived, and they moved on. there's been massacre after massacre. the tipping point was sandy hook. know what's going to happen here. there'll be a week of mourning, a week of gun control, the nra and lobbyists will get sbiend behind -- they'll have the

debate. more guns will be sold as they were in december. more ammunition will be told and so this terrible spiral goes on. what we've done by keeping the agenda that we have this week is we've made sure this hasn't gone away, and that's the crucial thing that and do you believe by having conversations or debate like you did with alex jones that that exposes what? >> i think it exposes reality of how sections of americans feel about this debate and what they try and do is they try to frame anybody who wants more gun control. they're attacking the constitution, attacking the second amendment. you're not going to grab my guns. that is not what this is about. i don't want to take an american's right away to defend himself or hers or their family. that's a sacred right to americans. i understand that and respect that. but u what i do want to do is a three-fold thing. i want to get these guns off the streets. we have civilians killing

themselves. you have the home in aurora with 100 bullet magazines. capable of mass murder in a minute. it's senseless. >> someone says when you have someone that extreme on it diffuses the debate because it got so out of control so quickly. what it did do is trended widely on twitter for 48 hours. that means it had a lot of eye balls. the youtube clip has been seen 5 million times. this debate must be heard loud and clear so that the gults against gun control are laid to bear which in my view is a dangerous farce. >> what do you think of the white house's issue to deportation? >> obviously i woke up. the president wants me to stay in america. it's bad news for the americans, good news for the brits. >> if they didn't change the gun law, you might go back.

>> i have a young family. like anyone with a young family, you're looking at all these things. my daughter is 1 year's old. when she goes to an elementary school in possibly three years, do i feel secure? this is half an hour from connecticut. i decided, no, i'm going to make a stand on it. it's not going to make me popular with some people but i also found a little support. i think a lot of americans after sandy hook think enough. i think the president shares that view. i think you have to get rid of the assault weapons, get rid of the high-capacity magazines, get more mental health and the nra has got to stand up. >> what is your passion for this come from? >> 1996 in dunblane, scotland, 15, 16 children were murdered in their classroom. britain rose up in horror. it wasn't a political issue at all. that's why i'm amazed it's here.

the left and right came together, the government came together and draconian gun laws were brought in. complete ban on handguns, assault weapons. they were removed from the streets. since then there's been two mass shootings. that's it in 16, 17 years. and britain has on average between 30 and 45 gun murders a year ever since. americans same period every year, 11,000, 12,000 people are murdered. 18,000 take their lives with guns and 100,000 americans are hit by gunfire every year. this is like the wild west and i just don't believe that the majority of decent civilized americans do not share my view that something has to give. >> good to have you here. >> it's good to be here. thank you. as president obama reveals his cabinet, some people are asking where's his diversity.

it shows the president surrounded by white men. we ask elaine chao if she thinks it's a bad image. time is running out for a pod of whales trapped under ice near canada. we'll show you what's being done for them on "cbs this morning." [ female announcer ] ready to mix things up with lean cuisine? try our entrees, snacks and new salads. salmon with basil, garlic chicken spring rolls, and now salads, like asian-style chicken. enjoy over 130 tasty varieties, anytime. lean cuisine. be culinary chic.

♪ made with only milk... cream... a touch of sugar... and pure natural flavors. ♪ who knew being natural could be so delicious? coffee-mate natural bliss. from nestle. add your flavor naturally. cofwthe sadness, anxiety,e pleasthe loss of interest. the fatigue and aches and pains. depression hurts. cymbalta can help with many symptoms of depression. tell your doctor right away if your depression worsens, you have unusual changes in behavior or thoughts of suicide. antidepressants can increase these in children, teens, and young adults. cymbalta is not for children under 18. people taking maois, linezolid or thioridazine or with

uncontrolled glaucoma should not take cymbalta. taking it with nsaid pain relievers, aspirin, or blood thinners may increase bleeding risk. severe liver problems, some fatal, were reported. signs include abdominal pain and yellowing skin or eyes. tell your doctor about all your medicines, including those for migraine and while on cymbalta, call right away if you have high fever, confusion and stiff muscles or serious allergic skin reactions like blisters, peeling rash, hives or mouth sores to address possible life-threatening conditions. talk about your alcohol use, liver disease and before you reduce or stop cymbalta. dizziness or fainting may occur upon standing. simple pleasures shouldn't hurt. talk to your doctor about cymbalta. depression hurts. cymbalta can help. [ female announcer ] new roc® retinol correxion max. the power of roc® retinol is intensified with a serum. it's proven to be 4x better at smoothing lines and deep wrinkles than professional treatments. roc® max for maximum results.

try our new southwestern mac and cheese with grilled chicken, served with soup or salad. chili's lunch combos. starting at 6 bucks. more life happens here. i feel more inspired. more positive. [ male announcer ] only lipton adds fresh-pressed tea leaves to its new great tasting blend. drink new lipton and you'll be surprised how great you feel. ♪

we are focused on continuing our work, finishing up everything we can, and helping senator kerry with his transition. >> secretary of state hillary clinton spoke yesterday about handing the reins to john kerry. hilda solis announced she plans to resign. out of five female cabinet members that leaves only three to stay on. so far the nominees for his top-level positions are white

men and he's billion criticized for that. with us now is elaine chao who was george w. bush's press secretary. good morning. >> good morning. >> is it deserved? >> with americans so deserved with 42% of our population being of color, i think for this president, it is especially -- it's especially noteworthy. you know, it was 1933 when the first female was appointed to the u.s. cabinet and that was frances perkins. in fact, for eight years when i was secretary of labor i worked in the building that bore her name and it was 15 years before another female, secretary of labor was appointed when andrea mclawful lynn was appointed in 1987. carla hills was the hud secretary in 1975. so it's been a long journey, and i think given today's environment, given that, again,

42% of our population is diverse, we should have a cabinet that looks like america. >> so every administration doesn't have enough diversity in it. >> i'm kind of quite surprised at that because with this president with his particular history and given all the campaign rhetoric about diversity and the female voter. >> let me bring up what the president's spokesperson said, jay carney. he said the president is choosing the best candidate available for the job. >> i'm shocked at that statement. you know, that's kind of a statement that was an excuse that was commonly used 20, 25 years ago. we're not talking about special treatment. we're talking about going out and finding the most qualified people where over 50% of the population are women, and we have tens of millions of americans who are people of color. >> so your message to the president is? >> i think he can do better. with every administration. regardless of which

administration it is. we hope that we have a more diverse cabinet, that, again, reflects america. our population is now 17% latino/hispanic merges, 14% african-americans, 15% asian-americans, 5% native americans. >> thank you. >> again, we're talking about merit and we're talking about finding the best people possible with a diverse background. >>

we all expect doctors to have bad penmanship but not treasury secretaries who put their names on our money. we'll show you why jack lew might not have the right stuff to put on the money. look that signature. there we go loop-de-loop. nature's true celebrities aren't always the most obvious. take the humble stevia plant, with a surprising secret to share: sweetness. truvia sweetener. zero-calorie sweetness, born from the stevia leaf. from nature, for sweetness.

i had a client who came in... she'd been doing her own tax returns for maybe two or three years. i said, "let me just look'em over and make sure there's no mistakes." they were really, really wrong. i did them over, and i called her... and said, "you're gonna get a total of about $10,000 back." i wave my wand and refunds suddenly appear. i can help you. living with moderate to semeans living with pain.is it could also mean living with joint damage. help relieve the pain and stop the damage with humira, adalimumab. for many adults with moderate to severe ra, humira is clinically proven to help relieve pain and stop joint damage. so you can treat more than just the pain. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events, such as infections, lymphoma, or other types of cancer, have happened. blood, liver and nervous system problems,

serious allergic reactions, and new or worsening heart failure have occurred. before starting humira, your doctor should test you for tb. ask your doctor if you live in or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections or have symptoms such as fever, fatigue, cough, or sores. you should not start humira if you have any kind of infection. ask your rheumatologist about humira, to help relieve pain and stop further joint damage before they stop you. everything's better with a great cup of coffee. exceptionally smooth and perfectly balanced for a harmonious blend of flavor, body and aroma. green mountain coffee for your keurig brewer. brew a better day.

♪ who e w meaning. a race for survival is going

on in canada's north. about a dozen whales are trapped under the ice along the eastern shore of the hudson bay far from any possible help. the video shows the huge animals are struggling to breathe. >> reporter: in the frozen waters off the coast of quebec an orca pod is struggling to breathe. the hole is the size of a small pickup truck. the surfacing is a sign that experts say they're panicking. the images have caught the eye of local officials. they're now asking the canadian government to interview. a spokesman says the situation is not unusual but gets attention as videos like these go viral. >> but with the social media, it's more another tool to be more aware of what happens. >> reporter: the scene is almost reminiscent almost 25 years ago

when the world turned their eye toward north alaska when they were able to free three california sea whales trapped in ice for 23 days. in order to rescue these whales an ice breaker will have to be there. local residents have been traveling for hours on snowmobiles to see a whale of a tail for themselves all hoping this family gets the help it needs. for "cbs this morning," terrell brown. >> when i see that story i think why can't they do more and do they have a sense urgency. >> i was thinking that, too, charlie. if they don't do something, you're literally watching them die before your eyes. >> they're beautiful creatures. >> they're so majestic. we'll show how coffee and depression may affect you. that's ahead on "cbs this morning." >> announcer: this portion of

"cbs this morning" brought to you by party city. get everything for your party. nobody has more for less.

with a degree in the field of healthcare or nursing from capella university, you'll have the knowledge to advance your career while making a difference in the lives of patients.

let's get started at capella.edu. a car that's driving itself around a california racetrack at 70 miles an hour.

we'll show you research that's testing the limits of what ha never encnteredch a bning .

until had thshingles. r re of the side sry, visit shinesinfoom like sebody d set a ba of hot chaoal ony neck. hai's somethg youdch a bning . ner wanto encounteochickenpx

it's 8:00 a.m. welcome back to "cbs this morning." two major carmakers show off new technology that makes drivers obsolete. we'll go for a ride in one of the first driverless cars, and we'll bring you this year's oscar nominations featuring oscar host seth macfarlane. the academy is starting to party earlier than ever. first here's a look at today's "eye opener" at 8:00. >> reporter: the hospital is restricting the number of visitors to protect the most vulnerable patients. >> the mayor of boston declared an emergency in his city. >> we receive 600 more this

december as compared to last december. >> sources tell cbs news president obama is likely to reveal new ideas next week to reduce gun violence. >> massacre after massacre and something has to give, and i think the tipping point was sandy hook. >> reporter: awe five crew members were tested. alcohol did not play a role in the accident. >> it hit the right side of the boat on the dock hard like a bomb. when i found out they weren't elected, i was stunned. as president obama reveals his cabinet, some people are asking where's the diversity. >> reporter: a race is on in canada. about a dozen killer whales are trapped under the ice. >> it's delightful here. i wouldn't expect nothing more. it's expected that apple may be making a less expensive version of their eiphone. yeah, they're calling it a samsung.

i'm charlie rose with gayle king. norah o'donnell is on assign't. the nationwide flu outbreak is getting worse in the hard-hit city of boston. the mayor is declaring a state of emergency. 41 states report an outbreak. there have been 18 flu-related deaths. this year's flu nation is straining the health care system. at the white house today vice president joe biden's task force on gun violence meets with gun rights supporters including the nra. meanwhile a pretile is hearing forever the colorado theater massacre. as manuel bojorquez reports, prosecutors yesterday revealed bizarre photos of the suspect. >> reporter: six hours before the movie theater shooting, police say james holmes took photos of himself on his cell phone. in one he's holding a gun just

below his head. he's grinning. he wore black contact lenses. his hair dyed that now familiar bizarre shade of orange. in another he's sticking out his tongue. the photos drew holmes' only visible reaction of the three-day hearing, a smile. this man was injured in the shooting. >> he must have been pretty excited about going to do the shooting. >> what about the pictures make you feel that way? >> the smiles. they say it all. the smiles. >> reporter: police said holmes' cell phone also contained photographs of the movie theater taken about a month before the shooting. they include a photograph of the exit door officers say holmes propped open so he could retrieve weapons from his car. prosecutor karen pearson said holmes picked the perfect place for this horrific crime. he didn't care who he killed or how many he killed because he wanted to kill them all. the defense did not call any witnesses. attorney daniel king told the judge this is neither the proper

venue nor time to put on a show. the likelihood of an insanity defense outraged tom, whose son alexander was killed in the shooting. >> we want to call him crazy because we want to make that feel better in our society, but we have to accept the fact that there's evil people in our society that enjoy killing any type of living thing, but that doesn't make them crazy. >> reporter: the judge may allow cameras at tomorrow's hearing. that would give the public the first glimpse of holmes in court since that first appearance in july. for "cbs this morning," manuel bojorquez, centennial, colorado. a new report on america's health can be summed up this way. shorter lives and poorer health. the news is especially troubling for americans under the age of 50. so, charlie, we're safe. according to tins substitute of medicine and national research council -- we're both over the age of 50 -- >> speak for yourself.

>> americans die earlier than others. it tracks down the local life expectancy. american men ranked last among the 17 countries in that study. women, by the way, were second to last. there are some rare items that survived the last century. inside he found negatives from world war i takeen in france. one of the photos showed soldiers holding up large bomb. another shows soldiers inspecting the remains of a frame. cameras will be clicking today as president obama nominates jack lew to be his new white house chief of staff for treasury. there's controversy even before lew even signs on. major, good morning. like this story. >> reporter: good morning, charlie and gayle. typically when there's a question that arises about a cab neat nominee, the question is ho is it.

now the biggest question of jack lew and his signature is what is it. coming to a dollar bill near you, this parity of a signature. it belongs to president obama's nominee for secretary of treasury, the agency responsible for printing the greenbacks which carries lew's signature. it's been called a slinky that has lost its spring. can you even describe this warped row of curly qs as a signature? >> it's a scribble. they don't want people to know who they are. >> reporter: washington knows w who lew is. the most clammest of president obama's chiefs of staff. lew's in line to replace tim geithner.

geithner had signature problems too. previous secretaries penned readable if not memorable signatures. geithner told public radio last week india is to blame. >> i took hand riting in india. i probably didn't get the best instruction. >> even if he did, he doesn't know where to begin. >> he has a symbolic strange signature. if he caressing legacy, he'll adjust his signature so that it's less transparent. >> now, for those of you who are wondering, my signature has ledgeability issues of its own, but nobody's asked me to be treasury secretary and definitely never will. >> thank you, major.

>> what's interesting about this is why does he sign his name that way? >> i don't know, charlie. i was trying to figure out which is the jay, which is the a. i can't tell. do you think he'll change it? we drink coffee in the morning to help us wake up, but did you know coffee might also fight off depression? we'll show you how many cups you may need to stay happy next.

and there's an investigation of an outbreak of legionnaires' disease. why hospital officials would imply veterans' families are to blame. that's tomorrow on "cbs this morning." >> announcer: this morning easy opener at k78 is brought to you by sponsor with an eye on shingles. until i had the shingl. it was like a red rash. like somebody had set a bag of hot charcoal on my neck. i had no idea it came from chickenpox. it's something you never want to encounter. for more of the inside story, visit shinglesinfo.com

♪ i got it made, i got it made ♪ i got it made ♪ fresh at subway ♪ breakfast made the way i say [ male announcer ] at subway, you got breakfast made. like an under 200 calorie steak egg white & cheese. subway. eat fresh.

auto companies say in the future we will not be driving our cars, the computers will. huh? we're going the take you along a ride in a cutting-edge driveless car designing to make our roads safer by reducing human error. but first dr. holly phillips has information on the effect coffee and soda can have on your mood. >> good morning. today on healthwatch, drinks and depression. a new study finds drinking sweetened beverages may increase your risk of depression while drinking coffee may lower it.

researhers looked at more than 260,000 people and evaluated their consumption of soda, tea, fruit punch, and coffee for a year. ten years later they asked the participants if they'd been diagnosed with depression during that time. people who drank more than four cans of soda a day were 30% more likely to develop depression than those who didn't drink any, and the risk was've higher for diet soda. on the flip side, people who drank four cups of coffee a day were 10% less likely to develop depression than non-coffee drinkers. the study didn't establish why the beverages have this effect, but it's not the first of its kind to find these linksle while cutting down on sweetened drinks may naturally lower depression and improve your overall health, it's too soon to prescribe coffee as an anti-depressant. moreover, too much caffeine can cause sleep disorders, raise other health concerns and consequences. so when it comes to our mood, we are what we drink.

i'm dr. holly phillips. >> announcer: cbs "healthwatch" sponsored by campbell's healthy request. it's amazing what soup can do. tp lets you hear it... in your heart. [ basketball bouncing ] heart healthy. great taste. mmm... [ male announcer ] sounds good. it's amazing what soup can do. you know you could just use bengay zero degrees. medicated pain relief you store in the freezer. brrr...see ya boys. [ male announcer ] bengay zero degrees. freeze and move on. with hand-layered pasta, tomatoes, and real mozzarella cheese. but what makes us even prouder... is what our real dinners can do for your family.

stouffer's. let's fix dinner.

so this is how it looks while i'm wearing it. >> just throw it in here. i'm a ghost. >> throw it in there. >> yeah. i'm a ghost. thank you. >> are you serious? >> look at the reaction. reactions are priceless. spooked when a car drives up to the window with no driver. the whole idea is designed by a magician who describes himself as a seat. the crew pointed out the ghosts don't eat burgers. this year's consumer electronics show is part car

show. this week in las vegas john blackstone takes us for a ride. >> reporter: the audi tts racing around a california track has a powerful engine under the hood and nobody at all behind the wheel. it's not operated by remote control. it really is driving itself. chris and his stanford university engineering team equip the car they call shelly with a powerful computer, precise gps system and a big red button that tells the car to take us for a ride. >> off we go. >> there's a pit row speed limit that we all observe but as soon as we're on the track, we'll create a run. >> and making this clear. your hands are free from the wheel. >> my hands are free from the wheel. >> whoa. >> if anything goes wrong. >> reporter: on a track still damp from a rainstorm shelly drove as fast as she could,

slowing just enough to make it around the hairpin curve. the speedometer says 70 miles an hour. i realize i'm put my life in the hands of a vehicle that has no hands. the car even raced up the steep switchbacks of colorado's pike's peak all by itself. so you studied how race car drivers would do this and taught the car to do that. >> it's a very big part of this project is understanding how the very best drivers control the car. >> by monitoring brain activity, they actually get inside the mind of race car driver and track owner david. >> i sometimes use the term reflex behavior. if you think you're going too slow -- >> reporter: he's trying to build his quick reflexes and

instincts into the software that keeps shelly on the road and can make her a safer driver than many of us. >> do you think if they steal enough stuff from your brain they can teach a computer to drive as well as a human can drive? >> they're taking everything and when it's all done they'll be better. if we save young people's lives who drive cars, that would be awesome. >> reporter: in order to be accepted, these cars should drive as well as the best human driver. >> reporter: in the past couple of years, cars that drive themselves have gone from futuristic dream to reality. google is operating a test fleet that has surpassed 300,000 road miles without incident. >> look, ma, no hands. >> reporter: legislators have made the cars street legal in nevada, florida, and california. it promises to bring safer roads and lower insurance rates says insurance analyst donald blithe. >> if you get 60%, 70% on the road that are driverless,

insurance goes down because accidents are way down. premiums could fall 80% to 90%. >> reporter: with less than 33,000 fatalities in 2011 traffic has climbed to its lowest point since 1999. but today over 90% of the accidents are caused by driver error. so the sooner we get drivers off the wheel, the safer the roads will be. >> some are talking about cars in the 2015 time frame that will drive forrist if you're stuck in a traffic jam on a freeway. so think we're seeing the first instances of this technology not too many years away. >> yikes. wow. >> reporter: still, take it from me. it takes a leap of faith to leave the driving up to the car. for "cbs this morning," john blackstone, willits, california. >> you cannot stop the future. i love the idea of automatic pil

pilot. putting it i

mm i went potty! th'sreat, honey.... wher

for life's bleachable moments. there's a new substance that we are all hooked on. >> dr. william davis says a loaf of bread is just as addictive as bread. >> it's addictive. plain and simple it increases appetite. you can't help yourself. you want one, you want more. >> that's right. [ rapping ] today's wheat is the primo [ bleep ]. it's not like that [ bleep ] toast your uncle buttered back at woodstock. >> creative and smart. >> that's right. "cbs this morning." stephen colbert, we like it. welcome back to "cbs this morning." time to show you headlines from around the world. "wall street journal" looks at mortgage rules designed to ensure that barrorrowers can pa

their loans. risky loans will be against the rules. >> new pap tests can be used to detect cancers of the uterus and ovaries. it's only used to detect cervical cancer. researchers say a three-disease test is still years away. britain's daily mail says prince william's and catherine's future child will be called a prince or princess. the queen overruled. they'll use two bibles at his public swearing in on january 21st which is also martin luther king day.

the inauguration is days away. cbs news has gotten a look at one big event, the inaugural luncheon. jan is inside. good morning. >> reporter: good morning, charlie. i think we could safely say this is the most exclusive meal in town. it's only once every four years. look at the list. in other words, the real big shots. and they're all going to gather in this historic room for a lunch like none other. it's a tradition that goes back 60 years after the president delivers his inaugural address. >> ask not what your country can do for you. ask what you can do for your country. >> reporter: he walked inside the capital for a formal lunch where leaders for both parties toast the new administration. in 1981 president reagan used it

to announce major news, the release of american hostages in iran. >> some 30 minutes ago the planes bearing our prisoners left iranian airspace and are now free on their land. >> reporter: since 1953 the convenient has been held in stataire hall where the house of representatives used to meet. >> when you wanted to come to meet members of your con state units in congress, this is where you came very it's not only majestic. it's vent. from the front desk of the capitol where the president takes the oath it's a quick right down the hall. now it's a bit more elaborate and lodge issicgistically chall. four years ago he created a mobile kitchen, protecting the historic structure of the capitol while taking security

into account. >> if we don't get in, the food doesn't get in, so they work to allow everything to come in. >> reporter: schaefer and his team have worked for months to refine the menu. >> the dish of the inauguration is america na. the food of today. we want to take what all of us know as american cuisine. >> reporter: norts in other words he's not taking hot dogs and pizza but food from across the country. tell us what you have. >> clam sauce and bison. >> reporter: the ingredients are from american farms. and there have been created healthier recipes. >> i think the biggest thing is if you approve. i have a fork and spoon if you approve. >> i'm game for that. we have light clam chowder.

it's vegbling. >> carrots, cellry, baby spinach. >> delicious. i suspect the first lady will approve. >> i certainly hope so. >> reporter: now there also will be wine. it's all from new york state, which, of course, is the home state of chuck schumer who's chairing the inaugural committee and this luncheon. but charlie and gayle, the record should reflect i did not sample any of that wine unfortunately but even though selections from new york state it's all part of an effort to showcase american products, american agriculture when the leaders of the three branches come together to toast the new administration. charlie and gayle? >> jan crawford. you look great. it's good to see you. >> thank you. it's great to be back. >> reporter: we'll bring you the oscar nominations.

(woman) 3 days of walking to give a break cancer survivor a lifetime-- that's definitely a fair trade. whoo! you walk with friends,

you meet new friends, and you keep those friendships. it was such a beautiful experience. (jessica lee) ♪ and it's beautiful ♪ undeniable (woman) why walk 60 miles in the boldest breast cancer event in history? because everyone deserves a lifetime. visit the3day.org to register or to request more information and receive a free 3-day bracelet today. ♪ building up from deep inside it was 3 days of pure joy. susan g. komen's investments in early detection and treatment have helped reduce breast cancer mortality in the u.s. by 33% since 1990. help us continue serving the millions of women and men with breast cancer who still need us every day. register for the 3-day now. (woman) it's just been an amazing, amazing journey. i love these people. ♪ and it's beautiful

we're about to show you the nominees for the 85th academy awards. they're being revealed this morning by actress emma stone and oscar host seth mcfar lan. he's the first male since 1973. michael hogan is the entertainer for the huffing on the post and joins us here at the table. i'm expecting from seth, michael. i don't know what. >> yeah. he's either going to break out in song or do some voices or at the very least do some jokes but clearly he wants to give us a taste of what he's got in store for us and give people a reason to tune in to the broadcast. >> let's go back to beverly hills to hear the nominations. >> hi, there. good morning. i'm seth macfarlane, the host of the oscars. if you don't know who i am, just pretend i'm donnie osmund. you'll be fine. we'll get through this.

it's great honor to announce the nominees. i'm not sure why we don't wait until noon to do this since the only people up are flying or having surgery. but i want to congratulate today's nominees an also to congrat those who weren't nominated. you can stop doing interviews where you pretend you had such a great time doing the movie. here to help me out since there niece nothing creepier than a guy standing by himself in hollywood at 5:00 in the morning is the lovely and talented miss emma stone. [ applause ] >> thank you, seth. >> emma stone is the star of the new film, "gangster squad." i'm not sure you're the star. that seems more like an ensemble piece. >> keep reading. >> one of the brightest talents of her generation. some say she's better than meryl streep. who says that? >> i don't know. nobody. a lot of people.

let's read the nominees. >> okay. the nominees will be read in know particular order. >> for best performance by an actor in a supporting role the nominees are christoph waltz in "jamgle unchained. philip seymour hoffman in the masser. robert dinero in "silver linings play bood." alan arkin in "ar go." he has won before. and tommy lee jones in "lincoln," he's won before. >> breath of fresh air in that category. for best original song, the nominees are "before my time" from chasing ice, music and lyrics by jay ralph. "pi's lull buy."

"suddenly" from ""les miserables." "everybody need as best friend" from "ted." and skyfall from "skyfall," music and lyric by adele adkins and paul epworth. >> these kind of cool. i got nominated. i guess i get to go to the oscars. >> yes. the mtv awards once gave michael jackson a lifetime achievement award just so he'd show up. i'm not saying that's what's happening today but i kind of am. >> all right. the 2012 nominees for best performance by an actress in a supporting role are sally field in "lincoln," anne hathaway in ""les miserables"" jacky weaver. helen hunt in "the sessions" and amy adams in "the master."

congratulations. you five ladies no longer have to pretend to be attracted to harvey weinstein. >> for best animated feature film, the nominees are frankenweenie, tim burton, "the pirates:band of mitt fits." wreck-it ralph, paramor and "brave." >> for best foreign language film, nominees are from austria, "amo "amore." from chile, "no. ". >> from canada, "war which." >> from denmark, "a royal affair." >> and from norway, "kon-tiki." i read "amore" was co-produced in austria and germany. the last time they got together

and co-produced something it was hitler, but this is much better. highly recommended. >> so much better. >> for adapted screenplay we have lucy ail a bar. christer owe for "argo ts. and david mcgee for "life of pi,". >> these are adapted screen writers so basically they copped it from microsoft word and pasted it into a draft. for best original screenplay, the nominees are john gaten for "flight," mark boal for "zero dark thirty," quentin tarantino for dayne go unchained. michael han e key for amore and wes anderson and cope la for

kingdom moon rise. for best director, david ochlt russell for silver linings playbook. ang lee for life of pi. steven spiel bank of america for lincoln. michael han e key for more and behn zeitlin for beast of the southern wild. these are the five people who are very best at sitting in a chair watching other people making a move. >> the nominees for best performance by an actor in a leading role are daniel day-lewis in "lincoln," denzel washington in "flight," hugh jackman in ""les miserables,"" bradley cooper in "silver linings playbook," and joaquin phoenix in "the master." just a little fun fact for you. denzel's character was actually as drunk as half of the people who are up at this hour. >> nice. guilty.

for best performance by an actress in a leading role, the nominees are naomi watts in "the impossible," jessica chastain in "zero dark thirty," jennifer lawrence in "silver linings playbook," imam quell reva in "amore." the beast of the southern wild. at 85 emmanuelle riva is the oldest best actress nominee in oscar history. and she's the youngest ever. she's 9. finally we are pleased to announce the best picture are "beast of the southern wild,". >> "silver linings playbook,". >> "zero dark thirty," mark boal, kathryn bigelow and megan ellison, producers. >> "lincoln" steven spielberg

and katharine kennedy, producers. "les miserables." >> "life of pi." >> "amore." nominees to be determined. >> django unchanged. stacy share, reginald hudland. >> and "argo,". >> "argo" has been nominated. somebody tell cranston he can unclench his teeth now. please join us at the oscars, sunday, february 24th, to find out who will take home the oscars. >> congratulations to all the nominees. >> wow, michael. where to begin. oh, my gosh. >> director slot. that's really interesting. >> there was a behn but not ben affleck. >> behn zeitlin, "beast of the

southern wild," which is the little movie that could. nobody had idea idea what the heck the movie was about and immediately after they said you've about got to see this movie. it's been rolling since then but i think it's exceeded my hopes for that film which i love. he's nominated for best a best who had never acted before. >> no kathryn bigelow. >> no kathryn bigelow, no ben affleck, that's really a huge pair of surprises. and tom hooper, not as surprising but also very, very disappointed. >> he was just nominated for the director's gild. >> he had a rough road. golden globe, he was out. this is a very surprising list. >> why do you suppose that is, both beg low and ben affleck were not nominated. >> i think that the controversy surrounding "zero dark thirty" has been really damaging, the notion that this is a film

that's easy on terrorism is not something that's going to go down well with the membership of the academy. this is a pretty liberal group. this is a group that was not very pro george w. bush but i think also the film is long and slightly odd and it's offbeat, so people may just not have loved it. >> lincoln got the most nominations? >> yeah. "lincoln" came in with 12, which is not surprising. >> and that makes steven spielberg best movie and best picture. odds-on favorite or not? >> i would say so. life of pi has really nobody to be nominated for acting. so sally field, tommy lee jones, daniel day-lewis, those are three nominations for -- >> who it be the favorite for best actress? best actor is jessica chastain. >> i think it's still a tossup

between jessica lawrence and jessica chastain. only five nominations and a stronger showing by silver likes with eight could really tip this toward jennifer lawrence. >> and once again it shows that best picture and best director don't always go hand in hand because best picture argo was nominated. best director was not. does that surprise you? >> no because best picture, we've got between 5 and 10 slots, right, so they've given us nine nominees, but really you're not going to have the best picture. so all the directors have been nominated. >> are you surprised by django? >> aim surprised. no i'm not surprised by django in there. >> best director. >> he's not in for best director. >> who is the likely favorite for best supporting actress? >> it's probably an hathaway. >> and best supporting actor? >> best supporter actor, tommy lee jones is sort of the favorite, you know, lincoln

become ahead in the count of nominations. he's certainly going to have a lot of momentum. i think there's some feeling that maybe robert de niro. >> i was going to say competing with robert de niro. >> yeah. he hasn't been nominated in 20 years or so. >> is there a theme hereso? >> i think the theme is really some of these controversies really beat up movies. >> you know what i love is an 85-year-old and 9-year-old got nominated for best actor. >> how great is that? i hope people go out and see these movies. that's a great lift. >> thank you, michael. we'll be right back. you' ñ??

i watched all those nominations, having seen most of those movies, it's really a wide and diverse group of movies and stars saying a lot about the

quality of motion pictures today. >> it wasn't predictable.

are you flo? yes. is this the thing you gave my husband? well, yeah, yes. the "name your price" tool. you tell us the price you want to pay, and we give you a range of options to choose from. careful, though -- that kind of power can go to your head. that explains a lot. yo, buddy! i got this. gimme one, gimme one, gimme one! the power of the "name your price" tool. only from progressive.