potential kidnapping story in gatherberg. now to this, the missing bobcat still out there on the run from the national zoo. >> first we were told there was really no harm or concern for humans but the search goes on. and we're in one of the neighborhoods near where the zoo is searching hard for this cat. >> reporter: listen. the chance of a bobcat attacking a person or kid extremely low. still john eaten elementary school one of 13 schools put on a partial lockdown because ali the bobcat is still missing somewhere out there. >> it's kind of a bummer, the kids aren't going outside right now. we don't really know what's going on. it sounds like the bobcat made a home in the woods somewhere. the after school programs all locked inside. we're going to tough it out at the park and see what happens. >> dogal alert. >> hopefully we don't run into it. >> 25 pounds, stubby tail, perhaps in the woodly park or cleveland park sections of the city. >> do you see a p bobcat? >> i'm mostly concerned for the animal itself. >> bobcats are not generally considered a threat to people. but this summer a man showed bites, scratches and bruises after he was ambushed by what he thought was a bobcat. and this video taken by a virginia turkey hunter whose call and is decoys attracted a bobcat. here's what happened. so you can forgive the school system for its urban bobcat alert done out of quote an abundance of caution. here's whatnot to do. >> have you got cat food in here? >> yeah. >> where? >> right there. >> okay, thank you. okay let's put it right right by the zoo sign. right here. kitty, kitty, kitty, kitty. >> reporter: only joking. only joking, i did not actually leave cat food in front of the zoo. if i had it would have attracted raccoons anyway. the point there is that zoo officials really don't want or need people's help. they don't want people putting out cat food trying to attract this animal out of the woods somewhere. anybody who has any sort of sighting around the zoo and the neighborhoods like woodly park or cleveland park is to call authorities immediately stay calm, and note exactly where you thought it. they'll alert zoo authorities so they can come out and attempt to recapture this bobcat. of course they're native to this region so they can survive out there on their own. it's possible this bobcat could just be gone. reporting live in woodly park, scott broom, wusa9. >> that little #ali is out. zoo officials have confirmed any sightings since ali made a break yesterday. fair fax county police are looking for a missing 16-year-old and her 5 month old baby boy. they were last seen on january 14. detectives fear the two could be in danger as they fled to get away from the boy's 18-year-old father. if you know anything about where this teen mother and her son are you're asked to contact fairfax county police. >> president trump and his travel ban continues to spark criticism and legal challenges. still though the measure does have the support of house speaker paul ryan. >> there is nothing wrong with taking a pause, and making sure we have the proper vetting standards in place, so we don't have a problem like france had with paris. >> but some american diplomats warden that terrorists are expected to use the travel ban as a propaganda to this week nearly 9 hundred refugees already on their way to the u.s. when the order went into effect will be allowed to enter the country. >> president trump's travel ban also ignited a shake up at the justice department. today senate democrats used a procedural move to stall a committee vote on the nomination of jeff sessions to be the next attorney general. this comes after president trump fired the acting attorney general last night. sally yates ordered justice department lawyers to stop defending what she called the president's unlawful travel and refugee ban. the u.s. attorney for the eastern district of virginia was named yates' successor until sessions takes office. president trump is calling on the senate to confirm sessions. on twitter he tweeted when will the democrats give our attorney general and the rest of the cabinet. they should be ashamed of themselves, no wonder d.c. doesn't work. >> the white house says president trump w and lesbians as part of an executive order signed by president obama in 2014. now the measure protects employees from anti-lgbtq workplace discrimination while working for federal contractors. tonight at 8:00 president trump is expected to make his selection for the united states supreme court justice. we'll have more than that at 5:30. a little warm today after a cold start. but we're tracking a wintry mix that could be in our area just in time for super bowl sunday. just in time to cozy up at the tv at the fire. topper shutt sounds like it might not be as pa bad as we thought. but it's only tuesday. >> it was looking much better yesterday and over the weekend. but now a rain or snow shower possible on sunday. in terms of the impact getting to the parties wet roads, low to moderate. slick spots very low. and leaving the parties very low as well. by and large your party plans are safe on sunday. now that said it's still moisture from the south. there's still just enough cold air to the north as the system begins to move northeastward so there's a chance this could change. and we told you we'd follow it as it evolved all day and all week. and right now i think all of your party plans are safe. we will come back and talk about what's going to happen before that because we have big changes on the way the next four days. >> looking forward to that. thanks top. an arlington man faces murder charges in connection with the death of his roommate. >> he was arrested yesterday. police say he got into a fight with 55-year-old michael wiggins and wiggins was found dead in his home. the official cause of death will be determined by the medical examiner. >> the death of a toddler at a daycare center at the labor department accident. 3-year-old sterling moore choked on a meatball earlier this month. he was rushed to the children's national medical center but doctors weren't able to save him. the d.c. medical examiner ruled the cause of death was asphyxia and the boy's death was ruled accidental. >> we don't know why a man was shot to death at a gas station in prince george's county. it happened yesterday at the bp on walters lane in district heights. police say they are still trying to figure out who shot him. a 25 thousand dollars reward is being offered for information leading to an arrest and indictment in that case. a retired prince george's county firefighter is finally getting the recognition he deserves 58 years later. >> janice park telling us two kids pulled from a burning home finally got to meet their hero. >> reporter: they would tell strangers about being saved from the burning home as children but they took a deeper look into this newspaper article and used facebook to find their hero. >> some moments stay with you forever. >> how are you doing? >> for brother and sister michael and linda hart. this is that moment. >> i've always told firefighters as i've met them throughout my lifetime that i owe my life to a firefighter. >> michael and linda were only 2 and 3 at the time. they were asleep as their mother did laundry at their grandparents home. >> we had lost a younger brother to sudden infant death. >> he remembers pulling an unconscious michael out from the 2nd floor. he only found out about the children he saved two weeks ago when the prince georges fire department emailed him. >> i don knew. i had no idea, because i didn't do the ambulance reports and i wouldn't have done anything on the fire reports either. >> michael hart always curious about the firefighter that saved him saw that newman's name was in this old article. he showed it to a firefighter stxrend with some facebook exposure the reunion happened today. a reminder to us all that firefighters save and change lives. >> thank you so much for being there that day. thank you for just doing your job. i hope we can remain friends forever. >> reporter: and throughout his long career steve newman has also delivered twins in the back of a cab. and today the joke was that that reunion will be happening next week. >> the hart family a georges county fire department are still looking for the police officer who helped to rescue the children that day. >> amazing after all of those years. we're just getting started on wusa9 news at 5:00. we learned more tonight about the man who allegedly killed six people inside a canadian mosque. >> the boy scouts doing something that's never been done before in the history of the organization. >> and right after the break people saying facebook is almost unbearable with all of the political fighting. we hear from many of you coming up next. this is the silverado special edition. this is one gorgeous truck. oh, did i say there's only one special edition? because, actually there's 5. aaaahh!! ooohh!! uh! holy mackerel. wow. which one's your favorite? (laughter) come home with me! trade up to the silverado all star edition and get an average total value of eight thousand one hundred fifty dollars when you find your tag. find new roads at your local chevy dealer. and with the billion pointme!!! giveaway, it's about to get more awesome. to claim your share of a billion shop your way points during the big game, download the shop your way or kmart app today!!! abdominayou may have ibs. ask your doctor if non-prescription ibgard is right for you. ibgard calms the angry gut. available in the digestive aisle at cvs, walgreens and riteaid. facebook may give you heart burn, it's pretty toxic these days. the election is long over but the political fights are still everywhere. >> people all over the place defriending one facebook page. none of its good. we have post after post of political fights, posters attacking president trump and former president obama. and then of course each other. there's a litany of memes and ridiculousny. many of the posts down right hateful. we're hearing your frustration and we call it our city, our voice. >> reporter: sarah belden can't escape political posts. she's done some defriending. >> my dad and i don't agree about politics so that's been hard. >> does that come out on facebook? >> yes. >> she's not alone. a recent study looked into this. more than a third of social media users are worn out by the facebook. >> i had to block people. >> she carries her phone everywhere. but she says she's finished >> a lot of posts, everything has to do with battling, battling, nonstop. i'm like where's all the fun. >> to repair relationships sarah has advice. it worked with her dad. >> get to know somebody, you'll probably find you have a lot more in common than you think. >> all right. now we still want to hear from you, tell us what you think. how bad is social media right now. you can reach us on facebook wusa9 and on twitter, use the #ourcityyourvoice. still big change underway for the boy scouts of america. >> for the first time ever the organization has agreed to accept transgender boys. it's an early birthday present for a boy who turns 9 tomorrow. he's been identifying for a boy for more than a year. he was booted from his new jersey troupe but is now eligible to return. he's not sure about making the move. >> it was a wake up call for him of cruel. but then i'm happy because no other child is going to have to go through what my child went through. >> those two are not affiliated with the boy scouts. >> wusa9s first alert weather. >> it is. >> oh yeah hello, here i am. >> first day back we're looking ahead to the weekend. >> we are. >> is that wrong? with super bowl parties. >> no. not at all. the weekend looks okay. once again that little system on sunday is so sad. >> we're all just devastated over here by the way. >> i'm looking for storms? every model i can find. and there's just really nothing out there. >> fantasy land, aka where he lives everyday. >> all right we will talk about not fantasy land. little bit conceed may have been too low today. originally went 51 last night. we shall see how we did tonight at 11:00. i'm going to go 52 tomorrow. it's 55 right now. that's okay. dew points in the 20s. remember this time yesterday dew points were in the teens. humidity 33%, winds south southwest at about 5. a little treat in the western sky tonight. i think there'll be just enough breaks in the clouds to show you this. we tweeted this out, this is mars, a little crescent moon and venus. look to the west at about 6:45 a tight little grouping. it's kind of an eyesight you do not need by knock lashes or a telescope. if you have one it'll look cooler but you can see it with the naked eye. breezy, not that cold tonight. i think we only had six days nights with temperatures below freezing. bus stop temperatures 31 to 44. pretty nice start to february. milder tomorrow. and temperatures as we get into thursday a little cooler. then cooler on friday, and chilly and cold for the weekend. 10:00 tonight we're generally clear. and still 40 up in cumberland and also into romney. now future cast is really emphatic with these clouds coming in. i'm only going partly sunny, which is a nice way of saying mostly cloudy. but i think this is a little bit overdone. this is one reason the high temperatures are low on this. for 9:00 we're 32 downtown. still 39 in frederick, 41 in bowie. we get into the 1:00 hour 47. notice the winds out of the south southwest that's a warm wind. 46 in frederick already. we could see a couple of stray showers. not that much tomorrow. you do not need by 6:00 we're still 47. 45 in leesburg and more snow west of the divide. that is good. tonight look at that only 39 tomorrow morning to start. 42 at 9:00. 45 at 11:00. up to 47 or 49 by lunchtime. a little cooler by thursday. and chilly on saturday. there's that like mix, and i mean a light mix. boom we're back in the 50s on monday. how sad is that. 60 on tuesday with sunshine. >> tragic. >> thanks, top. so we're learning more about the accused gunman in that canadian mosque massacre. >> we know he's been identified as alexander bisonette a 27-year-old university student known for his far right nationalistic views. police say he walked into a mosque on sunday during then evening prayers, shot andil last night to remember those victims. >> i just feel we're at a turning point and we just really all need to band together. >> this is not only the muslim community people grieving, this is all of us. >> he called 911 about 20 minutes after that massacre and turned himself in. he's facing six counts of first-degree murder tonight. >> straight ahead the extraordinary measures happening right now to make sure everybody stays safe at the super bowl in houston. >> and right after the break what you need to know about insurance through the affordable care act on this last day to sign up. breaking news, and it is good news. relief in gaithersburg here. police have located a missing 2-year-old at the costco store. a girl had been left in her car by her mother who went in real quick, came back the child was gone. reports are that the 2-year-old was found safe in a home in the neighborhood. the mom is being taken there to be reunited with her daughter. went missing not too long ago while the mom shopping inside the costco so fortunately a happy ending to this situation which we feared could have been a lot worse. >> in tonights consumer a letter a primer for signing up for obamacare. this is the last day to sign up for health care insurance under the affordable care act. and so far more than a million people have done that, even as president trump begins the process of repealing aca which is also known as obamacare. and although there's a lot of uncertainty as the deadline approaches experts say you should still sign up. and to do that you go to the health care website and enroll for insurance through your state exchange. you can also get answers from federal call centers around the country. the health insurance will kick in by march for the rest of 2017. you do this and avoid the tax penalty which is 2.5% of your total gross adjusted household income if you enroll before the midnight deadline. expanded medicaid under the law can qualify for that. look who's back in town, former vice president joe biden. >> he made an impromptu visit to the school in bethesda. all smiles there. we last saw mr. biden hopping on board a train to head back to his home in delaware. school officials say his visit caused a lot of excitement and they were honored to welcome him there. >> two television powerhouse it is oprah winfrey will appear on the number one sunday news show beginning in the fall. 60 minutes says oprah will be a special contributor. her collaboration coincides with the program's 50th season. straight ahead combining feminism and activism. what this entrepreneur did to keep her outrages shop open. >> three people shot and killed at a georges county. we'll hear from a friend who talked to one of the victims right before his final shift. >> and president trump is expected to make his supreme court selection in just two and a half hours. but two men who could land the job up next. we've got breaking news out of richmond now where state leaders have just announced new legal action in response order on immigration. democratic governor and opponent of the plan was joined by attorney general mark harring they announced going to court to challenge the executive order. >> this is not an action i take lightly. but it is one thatty take with confidence in our legal analysis and in the necessity of intervening to both protect the commonwealths own sovereign interests and vindicate its residents civil rights. this order is unlawful, unconstitutional, and un-american. >> because the lawsuit is before the courts attorney general says he cannot share the specifics of the lawsuit. >> so while that is unfolding president trump is going primetime tonight to announce his new supreme court nominee. cbs news conserve tougher appellate judges are the two -- conservative appellate judges are two top contenders. >> i think you will be very impressed with this person. >> president trump narrowed his choices to conservative federal court judges of colorado and pennsylvania. mr. trump is filling the vacancy on the 9 member court created by the death of antonin scalia. >> people talk about members of their professions as lions of their professions. i often have a difficult time understanding the analogy, not so with justice scalia. >> he earned his doctorate from harvard university. he served in george w. bush's justice department. >> our role as judge sunny skies to interpret the law. >> he graduate -- judges is to interpret the law. >> he put himself school by a taxi. >> at least we'll be getting back to having an actual functioning court where 5-4 decisions can be made. but no it won't make any huge difference. >> some senate democrats have pledged to fight whomever he nominates to the lifelong post. >> that's an incredible level of irresponsibility of senate democrats who should be looking to carry out their role of advice and consent instead of prejudging somebody. >> last year president obama nominates merrick garland to replace scalia but the republican senate refused to even hold confirmation hearings. >> both judges will be at the white house tonight. we're going to carry president trump's announcement live here on channel 9 when it happens. one of adams morgans new shops is back open after it was closed for more than four days last left to 70 thousands flocked to outrage on 18th street before the womens march on washington. the owners are trying to combine activism and feminism. they're known for their nasty women unite shirts. >> i maxed out everything i could to get as much inventory as i could. >> at least 15% of the profits go to organizations that support women. >> in prince georges county we're hearing tonight from one of the last people to talk to one of the victims of a triple murder. that happened sunday at a restaurant in bowie, the three managers and owners were gunned down inside the blue sunday grill and bar by the bartender. police call the violence a case of senseless workplace violence. friends of sherwood morgan say it was his dream restaurant. >> he was an amazing guy. he was just full of life. i had an opportunity to speak with him as he was going into work on saturday. and we ended the call as he walked in the door. he knew he had some challenges but he was willing to work through them. >> morgan's family is arriving from louisiana to help make funeral arrangements. we're still waiting to learn the name of the man struck and killed in prince georges county this morning. it happened about 6:30 this morning. the victim may have been walking to work when he was hit. medics tried to save him but we're told the man died at the scene. so far police have not charged the driver. >> and we're told the department of homeland security knows of no credible threats against the super bowl in houston. but keeping 70,000 people safe inside the stadium does not happen overnight. securing the stadium starts blocks away in a parking lot. officers can see that's going in to nrg stadium. that's because anything that can be driven into the site of the super bowl must pass this screening. every truck and every driver are checked. that's roughly 200 trucks a day from now until kickoff. dogs sniff out potential trouble and there's also a full x-ray operated by u.s. customs and border protection. >> we have a manifest of what is inside of the containers ahead of time. we know what we're supposed to be looking at. this is our job, we do this day in and day out and you should feel extremely secure when you come to the super bowl. >> they're screening that cargo in realtime making sure what's supposed to be on those truck sunny skies what makes it to the super bowl. everything from giant video screens to cargo vans have to be inspected. federal drug enforcement haents say cocaine you see here $4,000. the flight originated in columbia, made a stop in miami before reaching its final destination in tulsa, oklahoma. that's where a technician found the cocaine in the plane's electronics bay. >> wow. so possible good news here for people who suffer with peanut allergies. scientists believe they found a way to make peanuts safe for everybody. a skin test using the new nuts is one of the first ways to determine whether researchers are on the right track. >> what they wanted to see compared to regular peanut extract which is made up of numerous peanut proteins if the skin test size was reduced. if it was less it could mean that maybe their new product made less people less clinically reactive. >> right. of course the research still in the early stages. scientists say the creation of an allergy fe still be years away. the fda would have to approve it, three clinical trials after that. so maybe our great grand kids can enjoy those allergy free peanuts. trending now why a popular comedian is setting up a rival roast to the an y'all white house corp. -- annual white house correspondents dinner. >> and how you could eat breakfast like one of the worlds richest men for just over $3. >> high temperatures tomorrow as we start february seasonally mild. 52 downtown and 49 in hagerstown. upper 40s in martinsburg and winchester. we'll talk about the prospect of a few flakes for superbowl sunday. fios is not cable. we're wired differently. welcome to 8 and a half maple street. it's half a house. and even though it only has half a kitchen, half the closet space and a half bath, it's a full house to the wilsons. because they have fios, their half house has full internet, don't pay for uploads that aren't up to speed. get 150 meg internet with equal uploads and downloads, tv and phone for only $79.99 per month online for one year. only from fios. leadership by example, that's why they're trepiding tonight. from half court, he nails it and the team goes wild. they're on the court in columbus, taking on the ohio state university. one of only t they're looking to keep things going. >> i love his enthusiasm. >> making it happen. >> and how he's just got more energy than his team. >> but they're geeks about it. >> i can tell. >> that's how you get pumped up for a game. >> are you done yet? >> i'm done. back to the get serious. is there room for washington for two white house correspondent dinners. >> samantha b hopes so. she's hosting an alternative event that brings journalists the people they cover and hollywood types to d.c. she says it will be april 29th, coincidentally that's the same night as the sanctioned white house correspondent dinner at the hilton hotel. she says the name is not the white house correspondents dinner. it's going to provide the comedians to make all the trump jokes they want without holding punches. >> they pretty much go there, doesn't matter if the president is in the room. >> i don't think c-span will carry by the way. folks down under built a spinning waterslide. right there to celebrate australia day. look at that thing, that's like a slip n slide on steroids. it's like a circular slip n slide. >> is that in somebodies backyard. >> it appears to be. people grab on to the rope, and do their best to hang on and then go flying into a tree. >> hopefully they won't get hurt. >> hopefully they got all the little rocks up out of the ground because yeah that kind of hurts. so it might be financial and male advice at the same time right here. >> one of the richest people says he eats the same thing for breakfast everyday and it never costs warren buffett says on his way to work he stops at mcdonalds and he eats a bacon egg and cheese mcmuffin. >> you know why he doesn't pay so much for breakfast because you have to be able to pay the cardiologist to take care of him after eating that everyday. >> he pays that everyday in exact change. he counts out $3.17. >> i eat the exact same thing for breakfast everyday too but it's not mcdonalds. >> authorities in australia say it is one of the more unusual calls they've ever received. >> so back down under for this one. police say the woman felt compelled to call about her pot dealers outrageous price hike. some people, for real. when the officer asked for more details the woman said. >> how dare he take advantage of her. >> i guess i made a mistake and hung up. so they said if you know a drug dealer who's ripping you off, give us help. priceless, the post has been liked or shared more than 60,000 times. >> i shared that on my facebook page. there's some really funny responses to it. because you know you need a story like this in your life, right? >> indeed. >> a man loses his wife and his daughter in a crash likely caused by a texting mother. now he is on a mission looking for tougher driver safety laws. >> right after the break a young boy battling cancer receives a texas sized surprise how he ended up with tickets to sundays big game. that's next. at dominion, we're putting our energy to work creating a cleaner environment by using cleaner energy sources we've reduced carbon emissions by nearly 25%, which is the equivalent of taking close to two million cars off the road. cleaner air and cleaner water. it's good for all of us. dominion. depend on us for more than energy. did you know slow internet can actually hold your business back? say goodbye to slow downloads, slow backups, slow everything. comcast business offers blazing fast and reliable internet that's 10 times faster than slow internet from the phone company. say hello to internet speeds up to 150 mbps. and add phone and tv for only $34.90 more a month. call today. mccoast business. built for nebusiss. getting a ticket to sundays big game is not easy and certainly not cheap. >> it never is but one boy who tackled cancer is going to have one of the best seats for the super bowl. here's the incredible surprise that teen got during a visit to the doctor. >> houston first met christian beasley in 2012 and rallied behind him as he fought leukemia. the chemo was painful and left him so weak school wasn't even an option. so he caught jay jay watts attention and the city fell in love. four years later christian is a cancer survivor. >> a long fight but i won in the end. now i'm ready to live my life and have the second chance to go at it again. >> he's about to get the biggest surprise of his young life. christian thinks he's at the doctor for some blood work and to get cleared to play high school football but there's a lot more to this visit. >> we thought it would be really cool if you got to watch the game in the stadium. >> yeah that'd be really cool. >> i think that's going to happen. >> what is this. >> you and your dad have two tickets to the super bowl. >> oh no. >> courtesy of hundred day hope on wheels and you're the man. >> really? >> yeah. i'm crying. >> i'm going to the superbowl. >> you're going to the superbowl. >> oh no. >> when he realized he had two tickets to go to that game he was shaking. he was absolutely sha. >> christian didn't faint. >> we're going to the superbowl. >> but facetimed his dad who was in on the surprise for weeks. >> i built up tears in my eyes, you know. knowing all the sacrifices that he took and then that we took with him was just a rewarding feeling the to see that joy in his face. >> it's a big shocker because those tickets are outrageously expensive. >> now coming up on one year cancer free christian's next big goal playing football in high school. he's been a part of the team for years, now he wants to be healthy enough to suit up. >> there's no doubt, the fight that the kid has is unreal. and he'll be out on the field ready to go. >> his coach and teammates helping him get stronger. >> i'll be bench and i'll be like no more. and one more, one more, that one more that they say it helps so much and pushes you to work harder. >> christian not the type of kid hoping his journey can help others fight too. >> you can do anything you want to if you believe in yourself. >> he'll have a big audience there to share that story with, won't he? certainly a well deserved reward for everything hiss been through over the past year. topper? >> we've been looking at a nice evening and not that cold as we say good-bye january. it's still 55, dew points in the 20. humidity 33%. about 25% indoors. and i think the skies will cooperate. look off to the west at about a quarter to 7:00 and you'll see a grouping of mars and venus and also the moon. if you look out right now you can see venus and the moon. so you don't need any sort of equipment just your naked eye will do it. but if you have telescope or by knock lashes it'll look a little bit cooler and you'll see more details. all right here we go, breezy not that cold tonight. temperatures in 30s and upper 30s downtown. bus stop temps 31 to 34. so chilly. mild again on wednesday, we're talking low-50s. then chilly on thursday and friday. but quite frankly back to average more like mid-40s. about 43 at 10:00 tonight when you walk the dog. and by early morning temperatures don't go down that much. we're looking at still above freezing in frederick, 35. and 37 in fairfax. 39 downtown. future cast really emphatic on bringing all these clouds in here. i think some clouds tomorrow, only partly sunny, which is not that much sun. 39 at 9:00 in frederick. and also 40 in rockville. and there could be just an isolated shower here and there. you do not need to take your umbrella, it'll be dry at the bus stop tomorrow morning. by 5:30 in the upper 40s and low 40s in hagerstown and martinsburg. a little colder in the mountains and west of the divide there's more snow. by 9 p.m. tomo cloudy skies, not that cold. 43 downtown is a steal and 38 in frederick. excuse me 38 in frederick, and 39 in hagerstown. so for tonight partly cloudy, breezy not that cold, lows in the 30s. winds still westerly at 10 to 15. that will drive windchills into the 20s if you're going out you need a coat still. on the day planner 39 to start. then 42 by 9:00. 47, i think closer to 48 or 49 by 1:00. thursday, great. 49 and then 44 on friday. back to average. which isn't that bad. now next 7 days, saturday low to mid-40s. cold on sunday, a light mix. and right now it's so disorganized the moisture is not that prevalent. so looking at a rain or snow shower. your party plans are safe. 50s on monday, near 60 next tuesday. >> a new study shows a lack of driver safety laws could help explain the surging number of people killed in accidents. e laws nationwide. and experts say virginia is one state that needs to do more to make roads safe. >> our lives have been drastically change and had shattered. >> they were driving to their denton texas home last april when they were struck head on by a 24-year-old mother who had her young daughter in the car. police believe she was texting. all four died in the crash. schaffer says he will never forget telling his young son the news. >> sitting him down and having to explain to him his mother and sister were gone they died was probably the hardest thing i've ever had to do in my life. >> texas state law only bans drivers under 18 from texting. an all driver texting ban is among 15 safety laws the new report says every state should have. it ranges from primary enforcement of seat belts to graduated driver's l teens to ignition locks for dui offenders. they gave low marks to 17 states for being dangerously behind in adopting laws. south dakota scored at the bottom with just two of the 15. they blamed the legislature. the president of the advocates for highway and auto safety. >> i think there's resistance in state legislatedures to tell people to buckle up -- legislatures to tell people to buckle up or put their kids in a proper child restraint, we need to change that. >> the national traffic highway safety administration estimated 28 thousand people died in crashes during the first nine months of 2015. that number is up about 8 percent from 2015 which saw the biggest rise in death in 50 years. >> the report says the cost to the economy for all the vehicle crashes every year is about 242 billion dollars. that so called crash tax works out to around 8 for each american. >> coming up at 6:00 some american diplomats are warning the president's travel ban could do more harm than good. >> up next an 80-year-old man whose already seen a lot gets the volunteer job of a lifetime. >> then at 6:30 on the cbs evening news how a family vacation helped a woman transform her life and find her passion. the superbowl is pretty cool, everyone wants to be a part of it. more than 31,000 people applied to be superbowl volunteer ins houston. only 10,000 were chosen for that opportunity of a lifetime. john marshall sat down with one volunteer who has outlived all the others. >> isn't that nice? can you hear that? why did i volunteer? because i have the time. >> reporter: john's 85 years of life are of traveling. >> i worked in the very southern tip of peru. >> the unstoppable force of time. >> i live with all of my clocks, enjoy them. >> and love. >> she needed me, i needed her. we meshed. >> there she state building. >> 19 days before the empire state building opened he was born in a small iowa town. >> i grew up in the so called depression. >> working as a school administrator his travels took him across the united states and to peru where he met rita. >> she was a beautiful young, dark haired, latin beauty. we fell in love. >> 30 years later a brain tumor got the best of her. >> its pretty difficult. very difficult. >> free time filled with softball games. >> it's something to see an 85-year-old softball team. >> and volunteering for just about everything. now superbowl 51. >> i can just see myself standing there in this long line with the all of the activities. >> even after 85 years being part of a and a great use of time. >> life doesn't owe me anything. i've enjoyed everything i've ever done. >> let's just hope they put him close to the action and not out in the parking lot, right? the super bowl's youngest volunteer is an 18-year-old who just made the age requirement turning 18 on december 29th. >> right now at 6:00 the white house continues to brush off the criticism and legal challenges in response to president trump's executive order on immigration. good evening, i'm lesli foster. >> i'm bruce johnson, thanks for joining us tonight. virginia is now the fourth state to file a legal challenge to president trump's executive order on immigration. the lawsuit was announced a little more than an hour ago. massachusetts, new york, washington state have also announced challenges to the travel restrictions. and tonight tension at the justice department over the travel ban lawmakers on capitol hill. that's where senate democrats delayed a committee vote on the nomination of senator jeff sessions to become u.s. attorney general. >> reporter: republican senators say they need to move quickly to confirm attorney general nominee jeff sessions. >> this country without an attorney general, we saw last night was a major problem. >> reporter: monday night president trump fired the acting head of the department of justice sally yates after she refused to defend his executive order temporarily banning travel from citizens of seven mostly muslim countries. the white house said yates had betrayed the department of justice. yates an obama appointee questioned whether the president's executive order was lawful. >> that statement said what an independent attorney general should do. that statement took a steel spine to stand up and say no. >> the president's travel ban allows for some exemptions.

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