with just hours until a self- imposed deadline, could the president go overseas without a deal on his domestic agenda? tonight, the latest hurdle, and what we're learning about paid family leave. cbs news exclusive: with gun- related homicides at alarming new levels, we'll hear about president biden's blocked nominee to lead the a.t.f. fourth covid shot? what people who are immunocompromised need to know tonight. breast cancer warning-- the rare genetic mutation that can dramatically raise the risk of developing breast cancer. and american kindness: the amazing thing one neighborhood did to keep the halloween spirit alive for a special little girl. ♪ ♪ ♪ this is the "cbs evening news" with norah o'donnell, reporting from the nation's capital. >> o'donnell: good evening, to our viewers in the west and thank you for joining us. tonight, there are growing questions about how things went so wrong on that set, that movie set in santa fe. why was there live ammunition, and why was actor alec baldwin given a loaded gun? well, the movie's assistant director admitted to investigators that he did not check all of the rounds in the .45-caliber revolver before handing it to baldwin. it was during a rehearsal that baldwin accidentally shot and killed cinematographer halyna hutchins and wounded director joel souza. well, today, authorities say they collected 600 pieces of evidence from the "rust" set, and court papers revealed that hannah gutierrez-reed, the crew member responsible for the guns said ammunition was left unsecured during a lunch break. well, neither the sheriff nor the district attorney are ruling out charges. cbs' jonathan vigliotti leads us off tonight from santa fe, new mexico. good evening, jonathan. >> reporter: good evening, norah. f.b.i. agents will now examine every single round taken from that set, all 500. as of now, tonight, it's still unclear how many of those rounds were real bullet and how they got on that set in the first place. tonight, confirmation that cinematographer halyna hutchins was killed by a live bullet that then struck director joel souza during a rehearsal scene on the set of "rust." >> the actual lead projectile that was fired has been recovered from the shoulder of mr. souza. >> reporter: this photo shows actor alec baldwin and hutchins moments before the shooting. investigators also recovered the shell casing. how that live round ended up in baldwin's gun is still unclear. the investigation is focusing on these two: armorer hannah gutierrez-reed and assistant director david halls. in an affidavit released today, gutierrez-reed told detectives that during a lunch break, the firearms were secured in a safe but the ammo was left on a cart on the set, not secured. halls examined the gun before rehearsal but did not check all five chambers. chambers. sheriff, how did two people inspect this gun and not notice there was a live round in it? >> we're going to try and determine exactly how that happened. >> reporter: set guns contain either blanks or dummy bullet. a dummy is an empty shell casing used in training. blanks are capped with paper or plastic. real bullet are capped with lead and never allowed. >> we're going to determine how those got there, why they were there, because they shouldn't have been there. >> reporter: the santa fe district attorney says criminal charges have not been ruled out. >> all options are on the table at this point. i'm not-- i'm not commenting on charges, whether they will be filed or not or on whom. >> i think there was some complacency on this set, and i think there are some safety issues that need to be addressed. >> o'donnell: jonathan vigliotti is back with us from santa fe. jonathan, what did you learn about the guns that were found on the set? >> reporter: well, we know that there were three guns on that set. the sheriff tells me one of them was plastic. the second one was modified and did not work. alec baldwin was handed the only gun capable of firing live ammunition. norah. >> o'donnell: jonathan vigliotti, thank you. all right, america's outbreak of severe weather isn't letting up on the heels of a deadly nor'easter overnight. a swarm of tornadoes ripped through texas and louisiana today. cbs' janet shamlian shows us the devastation. >> reporter: tonight, a trail of destruction in lake charles, louisiana, where a tornado left this neighborhood in tatrs roofs ripped from homes, debris in every direction, and neighbors racing to check on each other. at least one person was hurt. >> oh, my gosh. >> reporter: texas was also in the path. a tornado in the houston area roaring across an interstate, churning up property and taking out power lines. there are reports of multiple twisters across the loan star state. the system raced across the region. reads in east texas posted video of the aftermath. >> this whole neighborhood was affected pretty severely. >> reporter: trees snapped in half, overturned cars and widespread power outages. more than half a million customers were in the dark across massachusetts, connecticut, and rhode island, as a powerful nor'easter intensified into a bomb cyclone, delivering hurricane-force winds early today. >> a transformer blew. >> reporter: as the storm blasted the region, a fire erupted from an exploding transformer, sending flames down power lines. in houston tonight, the skies have cleared but unwanted souvenirs remain, like this massive tree, which came crashing down during the height of the storm into the home behind it, with a woman inside. she is very lucky tonight. she is okay. >> o'donnell: thank goodness, indeed. janet shamlian, thank you. well, tonight, a jury has been selected in a trial that will once again focus the nation's attention on the 2017 unite the right rally in charlottesville, virginia. the jury will decide whether the organizers should be held accountable for the violence that turned deadly. cbs' jeff pegues is there. >> reporter: today in court, the jurors were sworn in as some of the defendants, self-proclaimed neo-nazis and white nationalists looked on. during the unite the right rally in 2017, white nationalists marched through the streets. they carried torches and clashed with counterprotesters. until a car driven by neo-nazi james fields plowed into a crowd, killing heather heyer. >> the goal of this lawsuits, first and foremost, is justice for our plaintiffs and accountability for those responsible for the violence four years ago. >> reporter: amy spitalnick is the executive director of integrity first for america, when brought the lawsuits on behalf of some of the victims will of the violence. >> the facts are clear: there was a conspiracy motivated by racism. >> reporter: the plaintiffs believe they will prove their case by highlighting social media chats and text messages. >> i think ultimately, charlottesville was good for our movement. >> reporter: among the defendants, richard spencer, one of the rally organizers, will claim there was no conspiracy and they had a first amendment right to protest. but messages between spencer and rally organizer and defend jason kessler reveal this exchange: "we're raising an army for free speech but the cracking of skulls, if it comes to it." the violence that day haunts liz signs. >> i heard screams. i heard this awful sound. >> reporter: one of the plaintiffs who narrowly escaped injury when the car hit heather heyer. >> i don't think i will ever not be scared. >> reporter: her name is on the court docket, signs v. kessler. the plaintiffs are going to use something called the ku klux klan act which was put on the books in 1800 toss combat attacks on african americans. norah. >> o'donnell: hard to believe. jeff pegues, thank you. tonight, top democrats insist a deal is close on president biden's massive social spending plan. but stumbling blocks keep piling up. most importantly, sharp differences over how to pay for the trillions in new spending. cbs' ed o'keefe is following the negotiations. >> reporter: tonight, hopes are fading for an agreement on president biden's sweeping social spending plan before he leaves tomorrow for europe. >> is getting a deal by tomorrow still realistic? >> yes. we'll see. >> reporter: but on capitol hill, demands from two key moderates, west virginia's joe manchin and arizona's kyrsten sinema, are slowing momentum towards an agreement. a major provision to extend paid leave to working americans is now likely out of the bill because of manchin's concerns with the size of the proposal, this despite intense lobbying from his colleagues. >> oh, if paid leave is not in the bill, it would be devastating. it would be devastating for working women. >> reporter: the moderate democrat also raised questions about a proposed billionaire tax, which would help pay for the plan. >> i don't like the connotation that we're targeting different people. >> reporter: the tax wold target the assets of the nation's roughly 700 billionaires, like stocks that increase in value and the sale of any real estate or business interests. appease sinema who spiked the earlier idea on a tax hike, leaving democrats scrambling for how to play for the plan. the back-and-forth has infuriated senator bernie sanders, who sees progressive priorities watered down or scrapped to please two senators. >> o'donnell: ed o'keefe joins us now from the white house. all right, ed, with theith the de democrats in disarray, what does this mean for the president's big foreign trip? >> reporter: well, he's scheduled to leave thursday morning for europe, norah, and then meet with pope francis on friday before attending the g-20 summit over the weekend in rome. but aides don't rule out him delaying his departure, especially if there's a chance of a handshake agreement before he goes. norah. >> o'donnell: down to the deadline. ed o'keefe, thank you. we want to turn now to a nationwide increase in violent crime. the f.b.i. has reported that homicides rose at their fastest rate in at least six decades last year. the vast majority committed with a gun. president biden promised new gun safety measures, but that promise suffered a major setback last month after his top choice to lead the bureau of alcohol, tobacco, and firearms was blocked in the u.s. senate. tonight, that nominee, david chipman is speaking out in a cbs news exclusive. >> i have, from 25 years as an a.t.f. agent, and largely 10 years after that, committed myself to one thing-- preventing gun violence in this country. to oppose me must mean that you're not for preventing gun violence. >> o'donnell: i mean, republicans said that you oppose the second amendment, that you're radical, that you're antigun. >> i'm a concealed carry owner in virginia who swore an oath to our constitution-- and i don't mean a desk job. i mean i was on the swat team. i was in dangerous and perilous situations all the time. >> o'donnell: but it wasn't just republicans who opposed chipman. the final blow was delivered by senator angus king, an independent. >> the resistance i met, senators like king in maine, was i'm concerned you will not play nice with the gun industry that you regulate. and that was shocking to me. >> o'donnell: what is the job of the a.t.f.? >> protect this country from gun trafficking and domestic terror, period. this is, you know, a unique agency that has to regulate the firearms industry, regulate the explosives industry, and really is on the front line of the greatest threats to our country at this time. >> o'donnell: and that's the word that scares people-- "regulate." that by regulating the gun industry, that means you're going to make it harder for lawful owners to buy guns, or you're going to go and take their guns away. >> the fear is it's going to be harder for people who sell guns to sell guns absent any accountability for profiting from selling them to criminals and terrorists. the reality is in much of america it's easier to buy a gun than a beer. the problem is the gun industry profits by gun violence itself because it's the fear that you're going to get shot that you run out and buy a gun. >> o'donnell: but that's pretty sinister. don't you think that lawful gun owners want to get rid of trafficked guns and gun violence in america? >> not enough of them. >> o'donnell: chipman told us he's worried the a.t.f., the lead agency to curb illegal use of firearms and target criminals, has not had a confirmed leader in six years. what does the a.t.f. need to succeed? >> a leader, the funding to do their job, and the ability to support state and local law enforcement, which is why a.t.f. was created in the first place. >> o'donnell: not even president trump could get his nominee confirmed. you can see more of our interview at cbsnews.com. all right, tonight, there's a new advancement in the fight against breast cancer. the cleveland clinic is launching trials of a vaccine aimed at preventing one of the most aggressive forms of the disease. and while that is encouraging, we're also learning about a lesser-known gene mutation that is causing alarm. here is cbs' nikki battiste. >> go ahead and lie back. >> reporter: dr. mathilde crutchfield isn't used to being the patient, but recent genetic testing revealed she has a rare mutation in the palb2 gene, significantly increasing her risk for breast cancer. >> when it came back positive, i was very surprised. >> reporter: now the 48-year-old mother of three faces an excruciating decision: biannual mammograms and m.r.i.s, or a double mastectomy. y>> rter: typicly palb2 lackg s genes help repair d.n.a. damage in cells and stop tumor growth, but a mutation can result in cells that become abnormal, further increasing every woman's nearly 13% average lifetime risk of getting breast cancer. for carriers of the palb2 mutation, with no family history, the risk goes up to 33 33%, and even higher with a family history to 58%. dr. elisa port is crutchfield's physician at the dubin breast center. some people who consider genetic testing just would rather not know. >> i would say that knowledge is power, and i tell all of my mutation carriers, the ball is in their court. >> reporter: dr. crutchfield had genetic testing because of her family history of cancer. >> my maternal grandmother and her sister, and they both had breast cancer. >> reporter: she says they have inspired her to move forward with a double mastectomy. >> i wish they could have had the same information and the same choices that i have. >> reporter: nikki battiste, cbs news, new york. >> o'donnell: having that new information and choice is so incredibly important. it will save lives. all right, there is still much more news ahead on tonight's "cbs evening news," including new c.d.c. guidance on why some may need a fourth-- yes, fourth- - covid shot. and new evidence that americans have increased some bad habits during the pandemic. >> o'donnell: there's some companying news tonight in the fight against covid. new cases have dropped by nearly 60% since the delta variant >> o'donnell: there's some encouraging news tonight in the fight against covid. new cases have dropped by nearly 60% since the delta variant surge in september. the f.d.a. is expected to green light pfizer's mini-dose for kids 5-11 years old by the end of this week. and those shots could start being given out as early as next wednesday. while many americans are lining up for their third covid shot, the c.d.c. has updated its compromised immune systems, compromised immune systems, saying they can now get a fourth dose of pfizer or moderna. all right, tonight, there's new evidence that americans have been smoking and drinking more during the pandemic. researchers in michigan say the number of people seeking liver transplants for alcoholic hepatitis shot up by more than 50% as sales of alcohol surged. and for the first time in 20 years, cigarette sales increased last year as smokers stocked up, buying nearly a billion more cigarettes than in 2019. all right, coming up next, it took a village to make sure a little girl wouldn't miss halloween. halloween. i'm not getting through the pandemic just to end up with the flu. i asked for fluzone high-dose quadrivalent. it's the #1-used flu vaccine for people 65 and older. fluzone high-dose quadrivalent is the only vaccine approved by the fda for superior flu protection in adults 65+. i'm not letting my guard down. fluzone high-dose quadrivalent isn't for people who've had a severe allergic reaction to any flu vaccine or vaccine component, including eggs or egg products. tell your health care professional if you've ever experienced severe muscle weakness after receiving a flu shot. people with weakened immune systems, including those receiving therapies that suppress the immune system, may experience lower immune responses. vaccination may not protect everyone. side effects include pain, redness, and/or swelling where you got the shot, muscle ache, headache, and general discomfort. other side effects may occur. all flu shots are not the same. i raised my game with fluzone high-dose quadrivalent. ask your doctor or pharmacist for fluzone high-dose quadrivalent. this is wealth. ask your doctor or pharmacist ♪ ♪ this is worth. that takes wealth. but this is worth. and that - that's actually worth more than you think. don't open that. wealth is important, and we can help you build it. but it's what you do with it, that makes life worth living. principal. for all it's worth. does scrubbing feel like a workout? scrub less with dawn platinum. its superior formula breaks down and removes up to 99% of tough grease and food residue faster. so you scrub less. tackle grease wherever it shows up. scrub less. save more. with dawn. >> o'donnell: everyone >> o'donnell: everyone knows halloween is on october 31, but they got a head start in a town outside d.c. for a very special reason. here's cbs' jan crawford. >> all right! >> reporter: like most kids, six-year-old kasey zachmann loves halloween-- the candy and the costumes. >> just a spoon full of sugar. >> she was the best mary poppins you have ever seen. >> ever. >> reporter: what is your favorite? >> cupcake. >> a cupcake. >> reporter: but this year, in this maryland neighborhood, halloween was different. >> happy halloween! >> reporter: kasey, a joyfulttle braicancer.iagnosed this >> i got 15 ivs. >> 15 i.v.s, because you have really small veins. >> reporter: after surgery and radiation, her chemotherapy was starting just before halloween, so the neighbors helped kasey have her favorite day early. >> everybody was home. everybody had candy. everybody wanted to be there. >> reporter: showing the love and power of community. >> we did 100% for kasey, not for us at all. but at the end of the day, i was just reflecting on how just completely happy i was. and it's been a while since there's just been, like, joy. >> reporter: joy, a good day. >> yeah, and was it was really great to have that feeling and that good day. >> reporter: a good day, a real treat. jan crawford, cbs news, chevy chase, maryland. >> o'donnell: and we are praying for kasey's swift recovery. we'll be right back. >> o'donnell: tomorrow, our exclusive interview with sally yates, who was fired from the department of justice by donald trump after just 10 days. she shares with us something she's never made public before. if you can't watch us live, don't forget to set your d.v.r. so you can watch us later. that is tonight's edition of the "cbs evening news." i'm norah o'donnell in our nation's capital. see you right back here tomorrow. good night. captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org we are following breaking news in oakland, where police activity is snarling traffic near a busy interchange at this hour. >> it's time. the kids really need to be vaccinated, and, you know, the sooner we get it done the better. >> one bay area county is preparing to start administering covid shots to kids as early as next week. how the effort may also ease some restrictions for adults. plus a san jose police officer facing jail time tonight, accused of punching a woman if the face in a fit of road rage. an unusual holdup in the elizabeth holmes trial. the infrastructure issue that could pour cold water on one side's case. >> i think this is going to affect the prosecution the most. every container is in the wrong place. >> and righting the ship. can we tackle the supply chain crisis before it ruins this holiday season, and possibly next. >> we are just sitting here with our fingers crossed. we begin with that breaking news in oakland where police activity has snarled traffic on interstate 580 in the westbound lanes near seminary. those lanes have reopened in the last few minutes, and we're told that traffic is flowing again, albeit slowly. we'll have more information as it comes in. right now at 7:00, streaming on cbsn bay area, health officials in santa clara county could be putting covid shots into very small arms by this time next week. tomorrow., they're rolling out their plan for the five to 11 age group. >> the plan is to start giving out shots next wednesday or thursday at pharmacies, medical offices,

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