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The Federal Aviation Administration has been telling passengers if they have a Samsung Galaxy Note 7 to turn it off when they are on a plane.

THIS-MORNING-06

MORNING-06

they have a Samsung Galaxy Note 7 to turn it off when they are on a plane.>

bound Southwest 737 when a passenger realized something was wrong.>

CHARLIE ROSE: We`re tracking Hurricane Matthew. Here`s a look at Sunny Isles Beach just north of Miami. They had a bands of the storm are starting to impact Florida this morning. The monster storm left behind widespread devastation in Haiti. The collapse of a bridge forced people into the water on foot. The powerful hurricane killed at least thirty-five people in the impoverished nation. The overall death toll is at least thirty-nine.

NORAH O`DONNELL: The Category 3 storm gained strength overnight. Top sustained winds are near one hundred and twenty-five miles an hour. Now it is expected to arrive in Florida late today as a Category 4 storm. National Hurricane Center models show the storm hugging the coast as it moves North and pushing out to sea late Saturday. Now, most of the coastal Southeast through South Carolina is under hurricane watches or warnings. This is a big deal. This is very, very serious. And so we`re going to continue to bring you updates throughout the day.

GAYLE KING: It`s important to stress and I hope if they tell you to evacuate, you do. There`s always somebody who says, oh, I can ride it out.

NORAH O`DONNELL: Yeah. It`s the real deal.

GAYLE KING: Just take this very seriously.

Welcome back to CBS THIS MORNING. Coming up in this half hour, a Samsung phone forces the evacuation of a Southwest plane after smoke pours out in the cabin. Passengers said the phone started popping in his pocket and it was turned off. How this raises questions about a huge recall of the smartphone.

NORAH O`DONNELL: And why would you mention Justice Stephen Breyer and Kim Kardashian in the same breath? Because he used the robbery of her jewels to make a point during a Supreme Court argument. You`re going to hear what he told Charlie about this just ahead.

CHARLIE ROSE: It is time to show you some of this morning`s headlines. The Washington Post reports that the Paris climate treaty will go into force next month. The historic deal crossed a key threshold. It now has the backing of countries that caused fifty-five percent of the world`s emissions. Seventy-three of one hundred and ninety-seven nations are on board. It will take effect November 4th. President Obama calls it a turning point for our planet.

NORAH O`DONNELL: The Anderson Independent-Mall-- Mail of South Carolina reports on the funeral for six-year-old Jacob Hall. He was killed in a shooting at Townville Elementary School last week. Well, mourners dressed up at super heroes because Hall was a fan of them.

MAN (Townville, South Carolina): May a six-year-old boy become such a part of our lives that this community shows the rest of the world what hope is all about.

NORAH O`DONNELL: A fourteen-year-old is charged in the shooting which also wounded two others at the school. I thought it was so sweet. I saw his mother yesterday. It was--

GAYLE KING: She was dressed as Robin.

NORAH O`DONNELL: She was dressed up as Robin.

GAYLE KING: Yeah. She wanted to pay tribute to her son.

NORAH O`DONNELL: Yeah.

GAYLE KING: Very sad but beautiful at the same time.

The Los Angeles Times reports on the capture of a suspect in the death of an L.A. County sheriff sergeant. A burglary call north of Los Angeles led to a shoot-out. Authorities say that the man stole a patrol car and took two teenagers hostage after the shooting. The victim was Sergeant Steve Owen. He was a twenty-nine-year veteran who had won the agency`s highest honor for courage.

CHARLIE ROSE: The World Street Journal says Donald Trump often made donations to state attorneys generals reviewing his businesses. Records show Trump, his family, and associates donated, in particular, to attorney general in New York. The money was given often when Trump`s companies had decisions pending in these offices like getting approval for real estate deals. In total, Trump has given about a hundred and forty thousand dollars to a dozen people. Some of the recipients returned the contributions. The Trump campaign did not respond to a request for comment.

GAYLE KING: And the New York Times remembers songwriter Rod Temperton. He died last week from cancer. Temperton wrote dozens of songs that you know, including some of Michael Jackson`s biggest hits "Thriller" and "Rock With You." He also wrote the 1970s disco classic "Boogie Nights." We`ll be paying Rod Temperton`s songs throughout this broadcast to honor him.

NORAH O`DONNELL: "Rock With You" that`s one of my favorites too. Yeah.

GAYLE KING: It`s danceable.

NORAH O`DONNELL: Danceable.

Federal investigators this morning are looking into a Samsung phone that overheated and force the evacuation of a passenger jet. Its owner says the device was a replacement for the same type of phone at the center of a worldwide recall. Kris Van Cleave is at Reagan National Airport, just outside of Washington with the owner`s troubling story. Kris, good morning.

KRIS VAN CLEAVE (CBS News Transportation Correspondent): Good morning. The Federal Aviation Administration has been telling passengers if they have a Samsung Galaxy Note 7 to turn it off when they are on a plane. The flight crew had just made this announcement on this Baltimore-bound Southwest 737 when a passenger realized something was wrong.

(Begin VT)

BRIAN GREEN: Just smoke and popping and sizzling sounds.

KRIS VAN CLEAVE: Brian Green says that noise was coming from the Galaxy Note 7 he had tucked into his pocket after trying to power it down.

BRIAN GREEN: A few seconds later, I heard some popping that sounded like a zip lock popping open, zip lock bag popping open, and looked around to see what that was and there was smoke just billowing, pouring out of my pocket.

MAN (LiveATC.net; recording): We got smoke in the cabin. Could you send the, uh, emergency equipment over here?

KRIS VAN CLEAVE: Crews evacuated Flight 994 as it sat at the gate at Louisville International Airport. The feds have long been weary of the danger of malfunctioning lithium-ion batteries. The Consumer Product Safety Commission announced a recall last month of about a million Samsung Galaxy Note 7 phones in the U.S. alone, noting ninety-two reports of batteries overheating, burning at least twenty-six people and damaging property at least fifty-five times.

ELLIOT KAYE (Consumer Product Safety Commission Chairman): We`re moving aggressively to investigate this incident.

KRIS VAN CLEAVE: The head of CPSC says it`s looking into Green`s claim that the device that overheated was a replacement for the phone he turned in as part of the recall. Green showed us the serial number, which according to Samsung`s website, is not among the list of affected devices.

ELLIOT KAYE: We need to figure that out and that`s certainly something that has to be verified one way or the other. In the meantime, the good news for consumers who have phones subject to this recall is there remains other remedies including a refund.

KRIS VAN CLEAVE: CNET Editor Dan Ackerman calls the latest incident worrisome.

DAN ACKERMAN: If it`s true that this is one of the replacement phones, that shows us that either of the replacement models coming in have a-- have the same or have a similar problem or there may be an entirely new problem. And that could happen when you rush so many replacement phones into the market in such a short period of time.

KRIS VAN CLEAVE: For now, Brian Green is no longer using a Samsung phone.

BRIAN GREEN: It`s just scary to think that I could`ve been driving and this happened. Someone could have had this in their luggage on the plane under the plane and it could`ve been a lot worse.

(End VT)

KRIS VAN CLEAVE: In a statement to CBS THIS MORNING, Samsung says it`s working with authorities and Southwest to recover the device and figure out the cause but says because it has not examined the phone, it cannot confirm if it is, in fact, a new Note 7. Gayle.

GAYLE KING: Sounds like they need more meetings at Samsung. Thank you very much, Kris.

It normally takes years for a case to reach the Supreme Court but this week`s armed robbery of Kim Kardashian`s is now on the record at the highest court in the land. Justice Stephen Breyer brought it up on Tuesday when a lawyer said his client could not be guilty of bank fraud because the bank didn`t lose any money.

CHARLIE ROSE: Justice Breyer said, quote, "Even Kardashian`s thief, if there is one, believe that all that jewelry is insured, indeed overinsured. So it`s not theft?" I asked the Justice about that yesterday during a conversation here in New York.

Did you ever, ever, ever, ever; did your wife, ever, ever, ever, think that your name would be in the same sentence with Kim Kardashian?

(LAUGHTER)

JUSTICE STEPHEN BREYER: This-- this comes about through teaching, you know? When you`re teaching, what you do is you want to give an example that the class is going to remember. I`ve done a lot worse, too.

CHARLIE ROSE: Oh, oh.

JUSTICE STEPHEN BREYER: I mean, I`m trying to--

CHARLIE ROSE: Oh.

JUSTICE STEPHEN BREYER: I mean, I`ve said a lot worse things than that and it`s because I want an illustrative point and I don`t want to watch every two seconds what I`m saying, but I want the lawyer to get the point that I`m making so I`ll get an answer out of that lawyer. And when you had a conversation going in a courtroom, and it is, you know, right on the merits, it doesn`t take-- people taking poses or positions, you can make a lot of progress.

GAYLE KING: Well, people will remember, Charlie.

CHARLIE ROSE: They will, indeed. I mean, the point, obviously, was he-- he views this-- this interrogation of a lawyer as a teachable moment, you know, and he wanted to make the point that if, in fact, it had come up in legal argument, there was no loss. Can there be a theft?

NORAH O`DONNELL: Right. Because it`s insured.

CHARLIE ROSE: And maybe in this case he was trying to say to the lawyers, these insured jewels may have been insured and more, and, in fact, if that was true and there was no economic loss, was there a theft?

NORAH O`DONNELL: I like it.

GAYLE KING: Kim Kardashian would say, yes, my big ring is gone. There was a theft. That would be her argument. Justice Breyer--

CHARLIE ROSE: (INDISTINCT) we have a bigger ring then.

GAYLE KING: That`s right. That is true. That is true.

NORAH O`DONNELL: There you go. Very interesting.

One gigantic high school football team isn`t just undefeated, it`s so dominant opposing teams are afraid to take the field.

BOY: I don`t care what other people think. It`s our safety. We`re playing, not them.

NORAH O`DONNELL: All right. Ahead, how concerns about player safety led to a string of forfeited games.

And take us with you on the go. That`s right. We invite you to subscribe to our new CBS THIS MORNING Podcast. You`ll get the news of the day, extended interviews, and podcast originals. Find them all on iTunes and Apple`s podcast app. We are excited about our podcast.

GAYLE KING: Yeah.

NORAH O`DONNELL: Yeah.

GAYLE KING: I like it that people can get us all sorts of places.

NORAH O`DONNELL: Yeah.

GAYLE KING: In case you got other stuff to do.

NORAH O`DONNELL: Anytime and anywhere you want it.

GAYLE KING: We`ll make it easy for you.

NORAH O`DONNELL: We`ll be right back.

(ANNOUNCEMENTS)

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