captioning sponsored by cbs >> o'donnell: tonight, as we come on the air, tropical storm a number of big breaking news stories. former president trump asked the supreme court to intervein in the review of those secret documents found at mar-a-lago. plus the ongoing search for survivors? florida. hurricane ian becomes the deadliest storm in florida since the 1930s as we learn some schools could be closed for months. cbs's manuel bojorquez talks to survivors, as the recovery effort has only just begun. bombshell allegation rocks georgia's senate race. republican herschel walker, who opposes abortion rights, is accused of paying for a girlfriend's abortion. cbs's robert costa is in atlanta as walker's son calls his father

a liar. >> family values people? has four kids, four different women, wasn't in the house raising one of them. >> o'donnell: new navy seal investigation. cbs news obtains this video raising new questions about the grueling training. crbt's david martin reports. and remembering the trail blazing life of country music legend loretta lynn. >> o'donnell: good evening and thank you for joining us this busy tuesday night. tonight, narrowly a week after hurricane ian ravaged the state of florida, the long road to recovery has only just begun. more than 400,000 customer are still without electricity and officials in fort meyers say it could take more than a month before power is fully restored.

emergency teams with cadaver dogs have gone door to door with nearly 80,000 homes and rescued more than 2300 residents. flooding remains a problem across central florida as lakes and rivers continue to rise. the president will assess the damage and meet with ron desantis, setting aside pjouez joins us from fort meyers tonight. good evening. >> reporter: good evening, norah. the water has receded from this particular neighborhood, but if you take a look from above, all of the ce brings, the trash, the ruined furniture that is now out on the streets, all of it is evidence of the onslaught that took place here. many say that sense of shock they felt after ian hit is now giving way to a feeling of helplessness. >> we've got water, diapers, wipes, food. >> reporter: across florida, residents are still reeling. parts of lee county could be without power for weeks.

schools in eight counties remain closed, some damaged beyond repair, and flood waters near orlando continue to rise. >> those are babies, children, women. >> reporter: tens of thousands still lack the basics -- food, running water, housing. to help, the state is handing out ready-to-eat meals and water, 18 million bottles so far, but it's not enough. we found volunteers at the gladiola's food pantry in fort meyers otihtssistance he since friday, they've served more than 1600 meals. >> these are familiesrm they don't have nothing. >> when did red cross come? >> reporter: volunteers are going door to door getting supplies to those who can't reach them. >> if we get out of here, thank the lord. >> reporter: among the most vulnerable, the elderly and immigrants who service the

region's agriculture and tourist industries. where did you work? >> sanibel island. in a restaurant. what's happened with your job? nada. less than 20% of homeowners in the state have flood insurance. shirley, who said she lost everything is struggling to get help. >> yesterday i tried to call unemployment, and i was on the phone three hours. >> reporter: and nothing? and nothing. >> reporter: president biden is scheduled to tour some of the affected areas tomorrow. some here say they will judge the federal government's response to this disaster not so much by his visit but more by what progress is made in the short and the long term. norah. >> o'donnell: manny bojorquez, thank you so much for your reporting. well, with just over a month before the midterm elections, a new accusation has rocked the pivotal senate race in georgia. republican candidate herschel walker is denying a report that he paid for a girlfriend's

abortion in 2009. walker supports banning all abortions without exceptions in cases of rape, incest or to save the life of the mother. cbs's robert costa has more from atlanta. >> he gets on twitter, he lies about it. okay, i'm done. done! everything has been a lie. >> reporter: christian walker, the son of georgia republican herschel walker blasted his father, after "the daily beast" reported the senate candidate who opposes abortion rights allegedly paid for a girlfriend's abortion in 2009. the unidentified woman supported her claim with a $575 receipt from an abortion clinic and a signed $700 personal check from walker to cover expenses. she told "the daily beast" she came forward because of walker's stance on abortion, saying i just can't with the hypocrisy

anymore, we all deserve better. walker who prayed with supporters this morning at an atlanta event denied the allegation. >> i never asked anyone to fete an abortion or paid for an abortion, it's a lie. i send money to a lot of people. >> reporter: walker's son posted several times since the story broke denouncing his father's campaign. >> he has four kids, four different women, wasn't in the house raising one of them. he was out having sex with other women. do you care about family values? >> reporter: the coming days could be critical for embattled republican who trails raphael warnock by just two points. >> i think the campaign is definitely in turmoil. they were caught offguard. what they do in the next 48 hours will make or break it. >> reporter: voters we spoke to today said the bombshell allegation might not have much of an impact. >> he has told untruths enough that what is one more untruth. >> reporter: do you believe

georgia republicans will stand with herschel walker regardless of these allegations? >> i think so. >> reporter: republican leaders stood by walker today, underscoring how important this race is to winning the senate majority, but it all comes as several senate republican candidates are facing head winds in key battleground states. norah. >> o'donnell: robert costa in atlanta, thank you. breaking news tonight. lawyers for former president trump today asked the supreme court to intervene in their legal battle over top secret documents seized from trump's mar-a-lago resort. team trump wants to block the justice can't from holding on to and using classified documents as part of a criminal investigation during an independent review. this follows a recent appeals court ruling saying the documents belong to the government, not the former president. well, tonight, health officials are warning this flu season could be one of the most severe in recent years, and they're

urging everyone over six months of age to get their annual flu shot sooner t rather than later. here's cbs news chief medical correspondents dr. jon lapook. >> reporter: for years, jeri stuart did not get a flu shot. >> my mother always hounded me to get them done. >> reporter: now the 54-year-old breast cancer survivor doesn't want to gamble with her health. she got her flu shot last week. >> you know what, let's get everything we can to ensure that i don't get sick. >> reporter: today the c.d.c. urged everyone six months and older to do the same. >> flu vaccination. >> reporter: experts are worried about a false sense of security after two milder flu seasons due to covid precautions. australia, which experiences winter ahead of the u.s., just had its worst flu season in five years. what's your sense about this coming flu season? >> i don't want to be alarmist but i am concerned. we know that it's going to be a strain of flu that tends to be more severe. >> reporter: dr. michael

phillips is an infectious disease expert. >> for those greater than age 65, there's specific formulations of vaccines that you should get, and it dramatically reduces the likelihood of hospitalization and death. >> reporter: less than half of u.s. adults plan to get a flu shot this year, and just a third feel safe getting a flu shot and covid vaccine at the same time. stuart opted for both a flu shot and the covid booster which the c.d.c. says can be safely given together. >> if it's something to lessen symptoms, every little bit helps. >> reporter: flu season typically starts in october, peaks december through february, and can last through the spring. like covid vaccines, the flu shot may not stop you from getting infected by the c.d.c. says it can significantly lower the risk of hospitalization and death. norah. >> o'donnell: it's an important reminder to all of us to get our shots. dr. lapook, thank you so much. lamark 1965 votrightsest justicn

jackson asked tough questions during the two hours of arguments over alabama's controversial redistricting map. cbs's jan crawford has all> repr historic role, justice ketanji brown jackson has wasted no time making her voice heard. >> i don't think we can assume that just because race is taken into accout that that necessarily creates an equal protection problem. >> reporter: taking the bench as the nation's first femalebrook female justice, jackson jumped into is it fray and fired questions at an alabama lawyer calling for neutral congressional voting rights maps in a congressional case. >> this is what you would expect a racial map drawer to produce. >> why does that matter? >> reporter: after a contention term last year, what hasn't changed? this court with six

conservatives and three liberals is poised to re-think decades of progressive rulings. like today's case where black leaders say alabama is diluting the power of the black vote. 27% of the state's residents are black but only one out of alabama's seven congressional districts is majority black. that district includes selma, the epicenter a generation ago for the struggle for voting rights. >> having congressiontatn respve needs of cnities isimrtant >> repr:ng buldreat b shouldn't be aderati in drangstrictwh thew impartial, unbiased districd not he justices willhi race te. later this month they will talk up a challenge to affirmative action and college admissions.

and on the horizon. cases on election laws and gay rights. >> o'donnell: jan crawford, thank you so much. this just in, there are reports tonight that the u.s. and south korea launched four surface-to-fur fas missiles into is it sea in response to north korea's missile test yesterday. the reason they did this was following kim jong un's own test, the longest ever weapons test, and the most provocative show of force in years. in fact, north korea's ballistic missile flew over japan. elizabeth palmer reports from tokyo. >> reporter: in japanese coastal communities, sirens warrant a north korean missile would be flying overhead. public alerts told people to prepare to evacuate. japanese military tracking systems had picked up the launch near the chinese border and followed the missile for 22 minutes as it flew a record distance of roughly 2,800 miles

and crashed into the sea. it's the latest in a bumper year of 39 missiles launched fromea. analysts believe today's was the huge hwasong 12 on view in a military parade in april. its marks real escalation, it's the first missile to be aimed over japanese territory since 2017. in tock owe and washington, the launch was described as reckless and condemned. >> the launch was a danger to the japanese people, destabilizing to the region and a clear violation of the united nations sec security council resolutions. >> reporter: within hours came the response, south korean and u.s. warplanes were in the air just off the korean peninsula for some precision bombing meant as a deterrent to pyongyang. instead, we may be on the verbal of a major escalation.

satellite photos show north korea appears to be preparing for a nuclear test. norah. >> o'donnell: all right, elizabeth palmer, thank you very much. well the navy seals training program is under increased scrutiny after the death of a former college football star earlier this year. now cbs news learned of a new investigation, after we showed the navy the video that you are about to see. cbs's david martin has the details. ( singing h birthday ) >> reporter: seal recruits blanketed with a cloud of tear gas being ordered to sing happy birthday so they can't hold their breath. when the admiral in charge of navy seals saw the video he ordered an investigation, telling cbs news it raises questions about the lawfulness of the behavior. exposure to tear gas is a standard part of seal training, but the investigation is examining whether the gas was administered at too close a

range and for too long. the video was shot last year on san clemente island in california and obtained by investigative reporter matthew cole. author of code over country, a recent book about seal team six. >> i got this video from seals, students who were trying to become seals who felt the instructors in the seals were abusive and very careless with their health. >> reporter: tear gas is a right of passage for almost all military recruits, usually when they are taught how to properly don a face mask and what happens if they don't. the regulations for tear gas use in seal training require the instructors to stay at least six feet away from the recruits to avoid the danger of burns, and to use the gas for no more than 15 seconds. in this video, the gas lasts for

more than a minute. these recruits, crying out in pain, have already proven themselves tough enough to complete two-thirds of the seal selection course. one appears to pass out, which the regulations warn is what happens when you try to hold your breath. sven jordt of duke university studies tear gas and its effects. >> i think this type of training is really senseless. it looks more like a form of hazing. >> reporter: the investigation will determine whether the instructor somehow did not understand the proper procedures or whether they intended to inflict abuse or punishment on the recruits, in which case it could be a criminal offense. phor. >> o'donnell: incredible to see that video. david martin, thankyou. ows the manare lookin

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biggest napless in country music. >> loretta lynn. >> o'donnell: she was a trail blazer, first woman named entertainer of the year by the country music association. she gave voice to women who felt unheard, ahead of her time in writing with brutal honesty about domestic abuse, birth control and infidelity. ♪ don't come home drinking with loving on your mind ♪ lyrics inspired by her husband, oliver "doolittle" lynn junior, a bootlegger, womanizer and her managerrer. they married when she was 15. at 16 she gave birth to the first of her six children, all leading to the academy award winning movie. she was awarded the presidential medal of freedom but she never forget her appalachian roots as she told sunday morning. >> i ain't about to be nobody else, i'm just me.

>> reporter: and she was tough. that's tonight's >> judge judy: you were escorted off his property by the police. is that true? >> yes. >> announcer: the rejection was hard to take. >> judge judy: he told you he didn't want to be your boyfriend anymore. >> yeah. >> and then she bites down on my arm. i still have the scar. >> judge judy: can i see it? >> announcer: but there's one woman he is drawn to. >> judge judy: is that where she bit you? >> yes, ma'am. >> judge judy: step back. >> you're a very pretty woman. [ laughter ] >> judge judy: mr. rucker, actually, you were ahead of the game before that. >> announcer: "judge judy." you are about to enter the courtroom of judge judith sheindlin. the people are real. the cases are real. the people are real. the cases are real. the rulings are final. captions paid for by cbs television distribution 19-year-old sarah budney is suing her ex-boyfriend, 21-year-old montreale rucker, for assaulting her during a property exchange. >> byrd: order! all rise!

your honor, this is case number 14 on the calendar in the matter of budney vs. rucker. >> judge judy: thank you. >> byrd: you're welcome. parties have been sworn in. you may be seated. ma'am, have a seat. >> judge judy: miss budney, you and mr. rucker were in a relationship for a relatively short period of time, i gather... >> yeah. >> judge judy: ...and your complaint alleges that, after an altercation, mr. rucker assaulted you. you want him to pay your medical bills. mr. rucker says not only did you put your hands on him first, but he also was arrested for this assault, which was ultimately dismissed, but he spent three days in jail. is that correct? >> yes, ma'am. >> judge judy: and from what i gather, you had been to his house. you stayed over... >> mm-hmm. >> judge judy: ...left some property there. you didn't leave it over intentionally, but you called and said, "i want it back." mr. rucker got everything back to you, and it was not much -- some hair products, what else? >> a dvd -- it was a movie. udepterg mr. rucker it, . ruck said he sent