on amazon in the online shopping wars. >> aflac. >> we'll show you the tv commercial starring melania trump and a duck. a good thursday morning. we begin with the showdown over a classified congressional memo pitting the president against the man he chose to lead the fbi. >> the white house could release it to the public today despite what the fbi is calling grave concerns and now a top democrat is accusing republicans of secretly changing it before sending it to the president. serena marshall has been busy in the overnight hours following the developments. good morning. >> reporter: good morning to you. it's a question of accuracy, national security and transparency. now that new claim the memo the white house was sent is actually different than the house voted to release. as the white house decides if they will release the controversial gop secret memo, overnight the leading democrat on the house intelligence committee tweeted there were material changes to the memo. currently being reviewed by the white house's legal counsel making it different from the one the house committee voted along party lines to release. the chairman and architect of the memo congressman nunes' spokesman said it was a strange attempt to stop its release. and dismiss the changes as minor edits requested by the fbi and minority. the latest fight as the president's own hand-picked fbi director, publicly challenged the white house over the controversial four-page memo which purr pores to show an abuse of authority by the fbi and justice department. and obtaining a warrant to spy on carter page, suspected of being a russian agent. saying the bureau had been given only a limited chance to review the memo and, quote, we have grave concerns about material omissions of fact that fundamentally impact the memo's accuracy. the fbi's public warning came only after director wray and deputy attorney general rod rosenstein met privately with chief of staff john kelly at the white house monday to urge the memo remain classified. that warning seemingly ignored. by tuesday -- >> let's release the memo. >> oh, yeah, don't worry, 100%. >> any response to the fbi? >> reporter: the president not confirming his plans. and the president could block the release of the memo but aides tell us he favors transparency. kendis, diane. >> all right, so it could come out as soon as today, serena marshall in d.c., thank you. a former spokesman for trump's legal team is reportedly going to disclose damaging information to robert mueller. according to "the new york times," it involves marck carola and hicks said don junior's e-mail chain would never get out expecting dirt on hillary clinton. hicks' attorney denies the allegation. critics say if true the revelation could play a role in possible obstruction of justice. meanwhile, details surfaced about i abetween president trump and rod rosenstein. he was asked are you on my team and he questioned him about where the russia investigation was heading. critics say the comments show a pattern of the president demanding loyalty. mr. trump heads to west virginia today to meet with republican members of congress. some of those lawmakers witnessed firsthand the deadly crash of their train and a garbage truck while on their way to that retreat. investigators are now on the scene. dozens of republican lawmakers on board a chartered amtrak train when it slammed into a trash truck. >> there was a loud bang. there was an acrid smell of electrical spoke. >> no question that we hit something. we just didn't know what, of course, at that point. >> reporter: the politicians heading from washington, d.c. to west virginia for their annual policy retreat. >> mass casualty incident level 1, train versus truck. >> reporter: mark walker filming the keen through the train window showing debris littering the area across the tracks. three lawmakers who are doctors offering first aid to victims including congressman david rowe and roger marshall. >> we did cpr for several, several minutes. dr. rowe gave me a look that i don't know where you teach this in medical -- a look that this is over, roger. there's nothing else we can do. >> reporter: a 28-year-old passenger in the trash truck did not survive. the injuries for passengers on the train are minor. >> it reminds you sometimes how fragile life can be. >> reporter: the ntsb says one of the focuses of their investigation will be the crossing where it took place. a recent study found these crossings saw an average of nearly six answer dents per day in 2017. >> there are a lot of fatalities at grade crossings and that's about become an area of focus. this is another one of the accidents that help us understand what recommendations would improve the safety of grade crossings. >> those who live near it say the safety arms at that crossing have been known to malfunction. no word if that played a role in the crash. turning to the flu epidemic, urgent care clinics are running out of flu test. a 15-year-old girl from georgia has died after she first tested negative for the flu and a 5-year-old also from georgia died after he was given tamiflu at the hospital, stayed home for a week then returned to day care only to get sick again. one mother's post on social media is reminding people that hives can be an early symptom of the flu and said her son had hives and no other symptoms. doctors say it's rare but possible. the flu is expected to cost u.s. companies more than $9 billion in lost productivity. the average patient misses four days of work. as flu season rains on the cdc is now without its director. dr. brenda fitzgerald has resigned after politico revealed here investment in tobacco stocks. a possible conflict of interest. time now for a look at your weather this thursday morning. a new cold front is dumping snow on the great lakes with an arctic blast set to move in behind it later this weekend. it'll push the snow showers into the east with accumulations expected from new york all the way up to boston. temperatures in the mean time are dividing the nation with the northern half largely seeing typical february 1 temperatures and everyone south of kansas and washington enjoying more springlike temperatures today, but the groundhog will tell us tomorrow whether winter is ending soon. coming up think concerns about america's missile defense system after another test failure. also ahead a big city mayor admits having an extramarital affair with her head of security. the trips they took on the taxpayers' dime. why mark zucker four, three, two, one, zero. ignition, liftoff. >> and that would be the successful liftoff there for spacex at cape canaveral as the company sent a european communications satellite into space. it comes just weeks after elon musk's company reportedly lost a multibillion dollar american spy satellite. about nine minutes after wednesday's launch, the falcon 9's rocket booster half of the that have been considered at least somewhat successful so far. a virginia tech student charged with illegal possession of an assault rifle is due in court today. police say the 19-year-old from china stored the weapon in a locker not far from the site of the deadliest school shooting in u.s. history. now, they say he also tried to buy 5,000 rounds of am anything and was researching bulletproof vests. this after buying an old police car. he has not entered a plea. more women and girls are confronting dr. larry nassar as he awaiting another sentence for sexual assault. victim after victim came forward to speak out against nassar during a sentencing hearing. according to prosecutors more than 265 victims have now come forward to say they were abused by nassar. you can add monster energy to the list of companies plagued by accusations of sexual harassment. vice president john canali has resigned one of three executives named in lawsuits filed by five women alleging sexual discrimination and assault. the women were all fired after saying they were constantly bullied and harassed. the other two men are still working at that company. target is launch a same day delivery service today to compete with amazon. only customers in parts of florida and alabama can sign up for now but the service will expand through the year to include most locations. 50,000 products including fresh food will be available without setting foot inside a target store. coming up, the debate over whether coffee should come with a cancer warning. also ahead, new video just coming in showing a five breaking out on board a plane midflight. plus, the new effort to clear marijuana convictions dating back to the 1970s. spray s i have to rinse off the disinfectant after i've disinfected? yeah, i'm not gonna do that. but i am gonna do this. seventh generation's disinfectant spray. it kills 99.99% of bacteria, and there's no rinse required. which means i can spend more time tickling these babies. guess what time it is? time to come clean with seventh 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robert forrest are both married and records show thousands of taxpayer dollars covered forrest's travel with the mayor allegedly on city business. nine included just the two of them including a trip to greece. last night barry apologized publicly. >> and i am embarrassed and i am -- >> can you say when it ended. >> yes, it's over. >> when you say when? >> yes, it's over. >> how did it end? >> it ended with saying it's over. >> it's over. >> barry insists she is not resigning but forrest abruptly retired. barry gained a lot of notoriety and sympathy last year when her son died of a drug overdose. nicole eggert is not backing down on her accusation that scott baio sexually abused her when she was a minor. she tells tmz she plans to file a sexual battery charge against him. it came hours after baio appeared on "good morning america" denying her accusation and challenging her to report him. >> rather than take your case to social media where people tend to beat up people like me, why not do it through the proper channels instead of making the appearance because you put up allegations like that and it becomes like wildfire. >> well, this morning baio says he welcomes her decision saying we've been asking nicole eggert to make a sworn police report since last year rather than take her claims to social media. toyota is recalling another 645,000 vehicles because of concerns the air bags won't deploy. the recall covers certain toyota prix just models produced may of 2015 and march of 2016. the lexus rx and nx are also affected. the company blames an electrical glitch. san francisco's clearing thousands of marijuana convictions dating back to 1975. the city is retroactively applying california's new marijuana laws to prior convictions reducing and even expunging more than 8,000 felonies and misdemeanors. san diego is also clearing old convictions. coffee sold in california may soon come with a cancer warning. the warning would be the result of a long-running lawsuit that seeks to require coffee sellers to warn customers about a possible cancer-causing chemical that's produced when coffee beans are roasted. retailers like starbucks say the risk from that chemical is low and claim coffee's health benefits far outweigh any risks but more than a dozen coffee sellers agreed to post warnings. to sports and nfl is promising to address the controversy over the so-called catch rule. roger goodell says he sees the rule as the most obvious one that needs adjusting. the catch rule which concerns possession of the ball after a catch has confused and angered fans as well as players. the league's competition committee will now look into changing it before next season. up next in "the pulse," the law. maker who resigned because he was late. and also ahead, a blast from the past, first lady melania trump starring in a tv commercial with a duck. plus, new evidence that people are turning away from social media. t attack. or. after my heart attack, my doctor prescribed 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for facebook. >> the company has announced the amount of time users are spending on the site has dropped by three minutes a day. but ceo mark zuckerberg says that's a good thing. he says he wants to make sure facebook is good for the well-being of its users after claiming that it can be addictive and cause depression. but wall street does not agree with zuckerberg. facebook's stock price dropped 5% in overnight trading before rebounding slightly and investors believe people spending less time on the site actually hurts ad revenue. next to the newly unearthed commercial starring the first lady. >> yeah, during an oval office meeting with aflac employee, the president revealed that melania was once featured in a commercial for the insurance company. >> the ad shows a mad scientist interchanging melania's voice with the aflac duck's voice to, quote, tell the world the benefits of aflac with sex appeal. >> you feel hurt and can't work, aflac can help pay your bills with cash. >> genius. and her. >> aflac. >> that's kind of trippi. so the commercial aired in 2005. the same year donald trump and melania were married. >> ah, nostalgic. with all the bickering in washington these days we found the next story refreshing. >> we all know that the british have a reputation, of course, for being a little bit more civilized. but one member of the british house of lords was so ashamed he was late for a session, well, he did what any lord would do, he resigned. he calls it a matter of courtesy and respect. >> i've always believed that we should offer advice to the highest possible standards of courtesy and respect in responding on behalf of the government to the legitimate questions of the legislature. i'm thoroughly ashamed at not being in my place and therefore i should be offering my resignation. >> ah, the gasps but after that gist play of humility, the british prime minister refused to accept his resignation so he's back on the job. today he actually walked out. they thought he was kidding at first but, no, he was serious. >> he was serious. >> the prime minister said, no thank you. >> no. i mean there's traffic. >> it happens. here's another blast from the past on this throwback thursday. pong may be coming to a tv near you. yeah. that. the atari classic started the video game revolution way back in the 1970s. that's how far back it dates. >> now "variety" reports a veteran producer is developing a game show based on pong. no word on when it could air but let's hope the 2d graphics and sound effects are part of the show? >> maybe they've updated it a little bit. >> i kind of like the old-fashioned -- >> is that -- >> do you just -- block it from -- block it. >> you don't want to let it go past. >> i was not very good at -- beer pong, now, that's -- >> oh. he designs them for the star in your life. the inspiration for this ring goes back almost 100 years. it's based on an art deco design. neil lane bridal. get her ring today with zero down special 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