hospitals on the brink. the omicron surge is overwhelming healthcare facilities nationwide. plus the big announcement from starbucks about its vaccine mandates for employees. trump business fraud. the new details from the new york attorney general about the family business. stabbing suspect arrested. after a week-long manhunt, the man accused of murdering a u.c.l.a. grad student is in police custody. tonight, the dramatic jump in homicides nationwide.ic and honoring a trailblazer. the tribute to the n.h.l.'s first black hockey player who continues to make a difference in his community. ♪ ♪ ♪ 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. we're going to begin tonight with president biden marking his first year in office with a news conference, as his administration faces a growing list of challenges and setbacks. well, just today, senate democrats are expected to fail in their latest effort to overhaul the nation's voting laws, while the president's "build back better" package remains stalled. january has been an especially difficult month, with the supreme court blocking the president's vaccine mandate, and the growing tensions at the russia-ukraine border. well, the president addressed the growing threat from covid and the fast-spreading omicron variant by assuring americans the country would not be returning to lockdowns or the closing of schools. he encouraged states and school districts across the country to use the funding to keep schools open. and addressing russia, the president warned it would be "a disaster" for russia and they would pay a stiff price if they were to invade ukraine. cbs' nancy cordes had a front- row seat and joins us from the white house. good evening, nancy. it feels like a lot of news was made in that very long press conference. >> reporter: and there's a reason for that, norah. he took questions for nearly one hour and 45 minutes, weighing in on everything from voting rights to climate change to neilsen ratings. he said that when it comes to covid testing, his team could have moved faster. and he said he may now have to break some of his biggest priorities into smaller chunks if he's to have any hope of getting them passed. >> i did not anticipate that there would be such a stalwart effort to make sure that the most important thing was that president biden didn't get anything done. think about this. what are republicans for? >> reporter: president biden argued he's had a successful year one in the face of approval ratings that have fallen 17 points. this afternoon, the senate minority leader, mitch mcconnell, said that the midterm elections are going to be a report card on your progress on inflation, border security, and standing up to russia. do you think that that's a fair way to look at it? and if so, how do you think that report card looks right now? >> i think the report card is going to look pretty good, if that's where we're at. look, the idea that-- mitch has been very clear. he will do anything to prevent biden from being a success. >> reporter: with his massive social spending plan stalled in congress and voting reform expected to fail, mr. biden argued it's former president trump's influence that has prevented him from working more with republicans. >> did you ever think that one man out of office could intimidate an entire party? i've had five republican senators talk to me, bump into me-- quote, unquote-- or sit with me, who have told me that they agree with whatever i'm talking about for them to do. "but, joe, if i do it, i'll get defeated in the primary." we've got to break that. that's got to change. >> reporter: polls also show declining support for the president's handling of the pandemic, something he acknowledged. >> i know there's a lot of frustration and fatigue in this country. >> reporter: the administration has been heavily criticized for mixed messaging on mask wearing, announcing today they'll send 400 million n95 masks to americans for free starting next week. a lack of available testing has also been an issue. >> should we have done more testing earlier? yes. but we're doing more now. >> o'donnell: and nancy's back with us. i know you asked the president about the path forward on voting rights, now that that bill has stalled in the senate. what did he tell you? >> reporter: norah, he said that it will involve executive action but that he didn't want to reveal his strategy right now. interestingly, he was also asked about frustration in the black community, a feeling that he should have done more and should have done it sooner. he said that it's a problem of my own making. i should have been out there communicating more. >> o'donnell: nancy cordes with all that news. thank you. some other big news out of the of the press conference is what president biden said about russia invading ukraine, and the consequences that will follow. it comes as the president's secretary of state is in the former soviet republic and will soon meet with his russian counterpart in geneva. we get the latest on the rising tensions from cbs' margaret brennan. >> reporter: with russian troops now in belarus for war games, u.s. officials are increasingly concerned that ukraine's neighbor may help vladimir putin attack. >> my guess is he will move in. >> reporter: president biden said today he expects putin to defy him, but at great cost. >> so this is not all just a cake walk for russia. militarily, they have overwhelming superiority, but they'll pay a stiff price immediately, near-term, medium term, and long term if they do it. >> reporter: ukraine now says there are 127,000 russian troops encircling it, giving putin thew option of invading from the north; from the east, where his forces have been positioned since november, and from crimea in the south. >> we know that there are plans in place to increase that force. >> reporter: secretary of state antony blinken in kiev today warned russia could take action. >> that gives president putin the capacity, also on very short notice, to take further aggressive action against ukraine. >> reporter: and new concern among u.s. officials tonight that russia might put nuclear weapons next door in belarus. while providing future aid to ukraine gets bipartisan support, republican lawmakers urge swift action now. >> sanctions and actions need to happen now. >> reporter: arkansas republican tom cotton said the russian president sees an opening. >> vladimir putin saw joe biden's incompetence in afghanistan last august, and he's concluded the time is right to achieve this long-held goals. >> o'donnell: let's bring in margaret brennan. margaret, the president spoke about consequences for russia. but then he said it's one thing if it's a minor incursion. what did that mean? >> reporter: norah, russia is going to pounce on that phrase during diplomatic talks which are set to begin friday, because this could be interpreted minimizing the type of attack or putting limits on what the u.s. may do. the president seemed to be trying to say the u.s. will alter its response, depending on the scale and scope of russian aggression, which could be a cyberattack or seizing territory or an invasion. >> o'donnell: margaret, what do we know about agreement or disagreement among nato allies about such an incursion by russia? >> reporter: well, that's key, and the president acknowledged cracks within the alliance. he said he may not get total unity on how to punish putin, which may also give up u.s. leverage. russia, norah, they have some power over western allies who want to keep russian dollars and gasoline flowing to europe. >> o'donnell: there will be so much to watch this week and next. margaret brennan, thank you. well, tonight, a covid vaccine reversal from starbucks. the coffee giant won't require its 350,000 workers to be vaccinated, after a supreme court ruling said large businesses don't need to. it is a contentious issue, especially in places where covid cases are skyrocketing. cbs' carter evans reports from missouri, a state with one of the lowest vaccination rates in the country. >> can you open your eyes for me? >> reporter: at st. luke's hospital in kansas city, dr. andrew schlachter has been on the covid front lines from the start. is this busier than the beginning of the pandemic? >> most certainly. covid has completely fractured our lives, our personal and our professional lives. our i.c.u.s are jam packed. the healthcare system i think in general is bedlam. >> reporter: since early december, cases here have nearly tripled. out of 286 covid patients, just 15 are vaccinated. pamela maples is not one of them. >> i wouldn't wish this on anybody. >> reporter: she was infected just after christmas. it sounds like you were scared to take the vaccine. >> yeah, i was. everyone kept telling me not to. >> reporter: what do you want those people to know now? >> take the vaccine. it's very, very important. >> reporter: only 53% of the population here is vaccinated, and statewide, hospitalizations are at an all-time high.-time h. do you blame the do you blame the low vaccination rates for all of these full rooms? >> yes. >> reporter: nurse kristin sollars said she's seen so much heartbreak and she's had enough. >> it's devastating for us, and we're carrying it home for us, and we're sitting in our nursing station talking about how we're all going to need therapy for the next decade to handle this. and it didn't have to be like this. >> reporter: moments after we left pamela's room, dr. schlachter went back with a message. >> your willingness to talk today. >> yes. >> is going to save people's lives. >> people's lives. thank god, yes. >> reporter: now, despite the massive surge in covid cases here, missouri's governor declared the pandemic emergency over three weeks ago. now, that emergency order gave hospitals flexibility to move staff around and add beds, and without it, they say they're struggling to keep up with the rising number of patients. norah. >> o'donnell: i pray that people are watching and listening. carter evans, thank you. well for the first time we're getting details in what new york attorney general letitia james says is significant evidence of fraud committed by the trump organization, outlining that it inflated the values of six trump properties, including his golf courses. the new information comes from a court filing by the attorney general in an effort to force former president donald trump and his two eldest children to testify under oath as part of the civil probe. cbs' catherine herridge reports. >> reporter: new york attorney general letitia james alleges the trump organization repeatedly engaged in fraudulent and misleading practices to secure loans, tax benefits, and insurance coverage. james alleges ivanka trump had the option to buy a luxury park avenue apartment valued at over $20 million, at $8.5 million, less than half the price. the trump organization is also accused of inflating prices, including tripling the actual size of mr. trump's penthouse from nearly 11,000 to 30,000 square feet, which added about $200 million to the valuation. >> i love loans. i love other people's money. >> reporter: today, trump's attorney told cbs news the investigation is purely for political reasons and a trap intended to pave the way for possible criminal charges. and new legal pressure from the house committee investigating january 6, now targeting his close legal associates. >> i know crimes. i can smell them. >> reporter: investigators want documents and testimony from rudy giuliani and other lawyers who appeared at this memorable news conference days after the election. >> we cannot allow these crooks- - because that's what they are-- to steal an election from the american people. they elected donald trump. >> reporter: in response to reports congressional investigators may have obtained phone records of eric trump and his brother's fiancée, kimberly guilfoyle, eric trump tweeted, "the witch hunt continues. i have absolutely nothing to hide." >> o'donnell: catherine herridge joins us from capitol hill. i understand there is breaking news right now from the supreme court about former president trump. what can you tell us? >> reporter: well, norah, late today an order from the supreme court means trump has failed to block the release of his white house records from the congressional committee investigating january 6. we're talking about 800 pages,ve phone records, visitor logs that capture the communications and the meetings leading up to and on january 6. norah. >> o'donnell: that's some big news. catherine herridge, thanks. well tonight, nearly 50 million people in the east are bracing for another blast of snow and ice that could make a mess of the thursday morning commute. up to three inches of snow could fall from washington, d.c. to boston. the storm will usher in bone- chilling temperatures. on friday morning, it will feel like single digits in richmond, virginia, philadelphia; and new york city. all right, the man suspected in the fatal stabbing of a u.c.l.a. graduate student is now in police custody after a week-long manhunt, and it comes as the murder rate is spiking nationwide. cbs' lilia luciano reports. >> reporter: the arrest comes just 24 hours after police released the surveillance video of the suspect, shawn laval smith, who they believe is responsible for the death of brianna kupfer. the 24-year-old was alone at work in a los angeles furniture store when smith allegedly entered and stabbed her multiple times. minutes earlier, she texted a friend saying someone at the store gave her a bad vibe.st kupfer's father condemned the seemingly random attack. >> i would love to tell you that there's going to be a point where we're going to be better, but i feel like it's just going to be a big missing piece. >> we will get him prosecuted t. >> we will get him prosecuted to the fullest extent of the law. >> reporter: homicides in los angeles jumped nearly 12% in 2021. nationwide, there was a 20% increase in violent crime from 2019 to 2020. in times square last night, hundreds gathered to mourn another violent death, the murder of michelle go. >> we have a right to feel safe in our streets and in our subways. >> reporter: the 40-year-old was killed when a suspect, who police say suffered from mental illness, pushed her in front of an oncoming subway train saturday morning. >> not all individuals who are struggling with mental illnes are dangerous. but let's be honest.ln some are. and it's time to say enough. >> reporter: back here in l.a., this crime scene is now a makeshift memorial for the a makeshift memori u.c.l.a. student, and just to give you an idea of the impact this crime has had, between police and the community, they raised a quarter million dollars for any information leading to smith's arrest. norah. >> o'donnell: lilia luciano, thank you. verizon and at&t began their limited rollout of 5g cell phone service today. the high-speed service is not being used near major airports over concerns it could interfere with airplane instruments. some international flights were canceled today over those concerns. all right, still ahead here on tonight's "cbs evening news," what caused the deadly crash of a u.s. military truck. and we remember fashion icon andre leon talley. ley. cough cough sneeze sneeze... 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"vogue" editor-in-chief anna wintour remembered him today as a friend and called his loss immeasurable. and fashion designer diane von furstenberg said no one saw the world in a more elegant way than he did. andre leon talley was 73 years old. well, coming up next, honoring a trailblazing hockey player on and off the ice. and off the ice. ve made progresy mental health. so when i started having unintentional body movements called tardive dyskinesia... i ignored them. but when the twitching and jerking in my face and hands affected my day to day... i finally had to say, 'it's not ok.' it was time to talk to my doctor about austedo. she said that austedo helps reduce td movements in adults... while i continue with most of my mental health medications. 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(jackie) talk to your doctor about austedo...it's time to treat td. td is not ok. visit askforaustedo.com. why give your family just ordinary eggs when they can enjoy the best? eggland's best. the only eggs with more fresh and delicious taste. plus, superior nutrition. because the way we care is anything but ordinary. ♪♪ what are you recommending for muscle pain? is anything but ordinary. based on clinical data, i recommend salonpas. agreed...my patients like these patches because they work for up to 12 hours, even on moderate pain. salonpas. it's good medicine hi, my name is cherrie. i'm 76 and i live on the oregon coast. my husband, sam, we've been married 53 years. we love to walk on the beach. i have two daughters and then two granddaughters. i noticed that memories were not there like they were when i was much younger. since taking prevagen, my memory has gotten better and it's like the puzzle pieces have all been [click] put together. prevagen. healthier brain. better life. >> o'donnell: willie o'ree was called the jackie robinson of hockey when he broke the hockey when he broke n.h.l.'s color barrier in 1958. last night, the boston bruins paid tribute with the highest honor a team can give an athlete. they retired his number. cbs' major garrett reports in our ongoing series "unifying america." >> and boston's o'ree down the ice. >> reporter: when willie o'ree became the first black player in the n.h.l. in 1958, he achieved a lifelong dream-- making it to the pinnacle of his sport. >> after the game, i didn't recognize that i had broke the color barrier until i read it in the paper the next day. >> reporter: o'ree played 45 games across two n.h.l. seasons encountering discrimination and hard knocks along the way. >>i heard the racial remarks and racial slurs. i fought a lot. i fought because i had to, not because i wanted to. >> reporter: last night in boston, the bruins retired o'ree's number, 22. and today, o'ree watched as the house unanimously voted to award him the congressional gold medal, its highest civilian honor. o'ree flourished in minor league hockey, winning two scoring titles over a more-than-20-year career. amazingly, he did it all blind in his right eye, the result of an on-ice accident before he turned pro. >> i lost 97% vision in my right eye. >> reporter: o'ree said he learned to compensate and ignored his limited vision, just as he ignored the racial taunts. >> you know, i was just another hockey player. >> reporter: not just another player. o'ree has spent the last 25 years bringing hockey to children in communities of color. >> you can be the first in anything.he first in but you have to believe in yourself, and you have to set goals for yourself. >> reporter: major garrett, cbs news, washington. >> o'donnell: and paying it forward. we'll be right back. right back. ♪ oh, oh, oh ♪ ozempic® is proven to lower a1c. most people who took ozempic® reached an a1c under 7 and maintained it. and you may lose weight. adults lost on average up to 12 pounds. in adults also with known heart disease, ozempic® lowers the risk of major cardiovascular events such as heart attack, stroke, or death. ozempic® helped me get back in my type 2 diabetes zone. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. looking to get back in your type 2 diabetes zone? ask your health care provider today about once-weekly ozempic®. ♪ oh, oh, oh, ozempic®! ♪ you may pay as little as $25 for a 3-month prescription. don't like surprises? 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[upbeat acoustic music throughout] y[upbeat acousticly. music throughout] [upbeat acoustic music throughout] [ coughing and sneezing ] cold season is back. bounce back fast with alka seltzer plus. with 25% more concentrated power. alka-seltzer plus. ♪ oh, what a relief it is ♪ so fast! also try for cough, mucus & congestion. >> >> o'donnell: on tomorrow's "cbs evening news," the latest in our series "eye on america." after lockdowns and remote learning, a program looks to help the emotional well-being of america's youth through the great outdoors. and if you can't watch us live, don't forget to set your dvr so you can watch us later. that is tonight's "cbs evening news." i'm norah o'donnell in the nation's capital. good night. captioning sponsored by cbs captioned by media access group at wgbh more trouble for santa clara county's top cop. >> i wish it hadn't come to this. it shouldn't have. >> with covid hospitalizations nearing a high, doctors say it is not as scary as it might sound. a crash kills two people crossing a busy expressway. how one of the victims may have saved her life. investigators looking at surveillance video to track down the suspect that planted a fake bomb in front of the oakland building. investigators cleared the scene about 90 minutes ago. while the device turned out to be a clever fake, katie nielsen told us it did contain something disturbing. >> the bomb squad determined that the suspicious package they had been looking out all afternoon turned out to be a hoax. when they actually did the x- rays on that, they figured out it was not in fact an explosive device. the bomb squad team went over and picked it up and when they opened it, they found a note inside. >> the individual left this, wanting this type of response and attention