>> norah: what we are learning from day one of jury deliberations. >> how do you feel about the jury? >> norah: the "cbs evening news" starts now. ♪ ♪ donald trump just leaving the courthouse after spending five hours waiting for the jury to decide his fate. good evening. i'm norah o'donnell, and thank you for being with us. day one of deliberations is done, and there is still no verdict, but the jury did send two notes to the judge. the first was a request to rehear key testimony from two central players in this case, former "national enquirer" publisher david pecker and trump's former fixer michael cohen. they specifically want to hear what boh men said about a trump tower meeting where pecker says they came to an agreement with "trump himself" about a scheme to kill negative stories about him, among other pieces of testimony. they also, the jury, wants to rehear those instructions from the judge. those are the only clues that we have about what is happening inside the deliberation room, as the jury weighs a historic decision: whether or not to convict the former president. cbs's robert costa was inside the courthouse, and he will start us off tonight. >> reporter: donald trump's fate is now in the hands of 12 new yorkers. >> mother teresa could not beat these charges. >> reporter: the decision is up to the jury of seven men and five women. among them, two lawyers, a teacher, and a banker, sequestered in a jury room just feet from the courtroom. no cell phones allowed, but they have access to a laptop containing all the evidence. what's it like being inside the jury room? >> it's a pretty extraordinary experience because you have people from all walks of life, all kinds of different, diverse backgrounds, who are now charged with making this very important decision. they are also, quite frankly, very aware that the world is watching them. >> reporter: the jurors were given strict instructions by judge juan merchan, to set aside any opinions and bias in reaching their verdict. he laid out each of the 34 counts trump faces and pointed to documents related to the payments to stormy daniels. 11 invoices from michael cohen, 11 checks, nine of them signed by trump, and 12 entries in the trump organization's ledger. the prosecutors say those were reimbursement for hush money. trump's lawyers say they were legal expenses. if convicted, judge merchan could sentence trump to serve up to four years in prison, or impose a sentence of probation with no jail time. how long could these deliberations last? >> there's no real telling. there's 34 charges here, so they have to come up with a verdict on each of these charges, so it could take a while. >> reporter: to find trump guilty, the jury would have to unanimously decide he acted personally, or with others, to falsify business records, and that he did so with an intent to defraud, while also intending to aid or conceal another crime. >> i would predict that they would spend most of the day tomorrow going through the evidence and trying to come up with a verdict, and potentially come up with something friday afternoon, but you really never can tell with juries. >> reporter: as you noted, all eyes now on that august 2015 meeting, a crucial meeting at trump tower, where david pecker pledged to be the "eyes and ears" for the trump campaign and set up an alleged catch-and-kill operation to help trump. the jury clearly wants to review that testimony before they issue a verdict. norah? >> norah: robert costa, thank you for being there. tonight, supreme court justice samuel alito is flatly rejecting calls by congressional democrats to recuse himself in cases involving former president donald trump. it's all because of two flags seen flying outside his homes. the first was an upside-down american flag scene outside his virginia residence. the other was an "appeal to heaven" flag, a symbol carried by january 6th rioters. it flew outside the justice's vacation home last summer. cbs's jan crawford covers the supreme court for us, and jan, i have looked at this three-page letter from justice alito, and more than half a dozen times, he blames his wife for the flags. >> reporter: well, in this letter to the democrats, justice alito said there is no reason for him to recuse because flying flags was his wife's doing, and norah, that is a position that this couple has maintained since that first flag was discovered, more than three years ago. alito says today that he had nothing to do with flying any flags, and he writes, "i was not even aware of that upside-down flag until it was called to my attention, and as soon as i saw it, i asked my wife to take it down, but she refused for several days -- for several days, she refused." and then she took it down. now, at the center of this, he says, is a big dispute with a neighbor. as for that "appeal to heaven" flag at their beach house, justice alito said neither he or his wife knew that historic flag had any connection with that "stop the steal" movement. >> norah: and jan, you know, just hours after justice alito's letter, donald trump, on truth social, congratulated alito for, in his words, "showing the intelligence, courage, and guts to refuse stepping aside from making a decision on anything january 6th related." just to remind everyone, what are the two key cases about january 6th that are before the supreme court that we are waiting on? >> reporter: well, one, whether or not former president trump is immune from prosecution for allegedly trying to obstruct the 2020 election, and if he is not immune, what charges can he face? now, norah, some see this flag controversy as an effort by democrats to undermine the legitimacy of the supreme court. >> norah: jan crawford, thank you. now to some news involving the world's top golfer, scottie scheffler. all charges have been dropped. he was accused of dragging a police officer with his car at the pga championship two weeks ago. cbs's janet shamlian reports on what the prosecutor and scheffler's attorney are saying tonight. >> reporter: defending masters champion scottie scheffler vindicated. >> mr. scheffler's characterization that this was "a big misunderstanding" is corroborated by the evidence. >> guys. guys. >> reporter: scheffler was booked on charges of assault of a police officer and three other counts earlier this month, as the 27-year-old attempted to drive into louisville's valhalla golf club amid heavy traffic following a fatal accident. >> why does it matter if he is a security guard or a police officer? if somebody is telling you to stop. >> yes, you are right, i should've stopped. i did get a little impatient because i'm quite late for my tee time. >> reporter: his attorney confirmed this is scheffler talking to police after the arrest. the golfer is saying he did not know the man was an officer and calling it overaggressive. detective bryan gillis alleged scheffler ignored instructions and continue driving, dragging the officer to the ground. but there is no body cam footage. louisville police say gillis never turned it on -- a policy violation. scheffler's attorney says today's agreement stipulates neither side will pursue legal action related to the arrest. >> scottie scheffler doesn't want the taxpayers of louisville to have to pay him a dime. he wishes to move forward from this case. >> reporter: scheffler reacted on social media today, saying he holds no ill will towards that officer, that he wants to put this incident behind him, and that he hopes the officer will do the same. norah? >> norah: time to move on. janet shamlian, thank you. turning to the israel-hamas war, cbs news has learned that u.s.-made bombs were used in an israeli air strike which killed 45 people and wounded hundreds more in rafah on sunday. the u.s. is by far israel's top supplier of weapons, with $18 billion in military aid this year alone, and the biden administration is now under increasing pressure to reassess its military support for israel. cbs's imtiaz tyab has details from east jerusalem. >> reporter: the attack triggered global outrage. horrifying scenes of bodies burned and mutilated beyond recognition. the scale of the devastation caused by the israeli air strike on the displacement camp also raised questions about the type of weapons used. images gathered from the blast site show the remnants of what three independent weapons experts told cbs news is an american-made gbu-39 warhead, with a payload of 17 kilos. all three agreed the distinctive shape of the gbu-39, especially its tail, helped them identify the remains. and that the clearly-identifiable serial number, or cage code, on this specific munition traced it to a california-based weapons manufacturer. >> following the strike... >> reporter: israeli officials said the strike targeted senior hamas commanders and confirmed two munitions also weighing 17 kilos were used. >> absent of a complete investigation, i can't verify any of this. >> reporter: eyewitnesses say israel is now widening its offensive in rafah. tanks have moved into the heart of the city for the first time. and of the over 1 million displaced from there in the last few weeks, some are making their own shelters out of spent shells, which are littered across gaza, and many are u.s.-made. including hisham imad al asi. "everything is destroyed because of these israeli and american weapons," he says. "because of america's support for israel." and as fighting continues to intensify across rafah, the israeli military announced three of its soldiers had been killed in an attack, norah, while tonight, israel's national secured advisor said the war in gaza could last through to the end of the year. >> norah: imtia tyab, thank you. now to the campaign trail. president biden and vice president harris launched a major push to shore up support among black voters, a crucial democratic voting bloc. part of that push included taking aim at donald trump's record on black unemployment. cbs's ed o'keefe reports from pennsylvania. >> reporter: here in pennsylvania, president biden used an event designed to reach black voters to repeatedly call former president donald trump a liar. >> trump continues to lie by saying black unemployment was at a record low on his watch. the fact is that record-low unemployment happened on my watch, and we are going to keep it going. >> reporter: while the president maintains a wide lead among black voters, trump is cutting into the president's advantage with them. just in pennsylvania, a crucial state, cbs polling shows the president down from his 2020 election numbers with black voters, and trump is up from four years ago. in an election poised to be one of the closest ever and decided by just a handful of states, biden can't afford any loss of support. >> because you voted, i was able to keep my commitment to appoint the first black woman on the united states supreme court. >> reporter: add to that the first black vice president and secretary of defense. but some voters here say he should be much more focused on the economy. he's got to worry about dollars and cents. >> that's -- that's really it, yeah. everything is changing. you go to the supermarket, right? the prices are going up. but the salary is not going up with everything else. >> reporter: ed o'keefe, cbs news, philadelphia. >> norah: tonight, an historic moment for the game of baseball. the mlb is righting a wrong when it comes to the record books. cbs's jericka duncan explains. >> bob takes his cut. >> reporter: major league baseball has a new all-time batting champ: josh gibson, who spent 14 years playing in the negro leagues. gibson, a legendary catcher who played for the homestead grays and pittsburgh crawfords, is now mlb's leader in batting average and slugging percentage, surpassing baseball icons ty cobb and babe ruth. >> he may have been the greatest power hitter and hitter for average in mlb history. >> reporter: john thorn chaired the committee that integrated statistics into mlb's official records. the committee looked at more than 2300 players from the negro leagues during 1920 to 1948, in an effort to "correct a long-overdue oversight." >> the most interesting part of this is to remove the seven negro leagues from the shadowland of baseball history and to put them on an equal footing with their white peers. >> reporter: until jackie robinson broke the mlb's color barrier in 1947, he played in the negro leagues. his departure lead to other star players, like satchel paige and larry doby, following suit, eventually causing the league's demise. is this move bigger than baseball? 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