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Hurricane Rick, "Balloon Boy's" Father Pulls Fast One, President Barack Obama Health Care Reform Plan Optimism, Watching Stimulus Money

Aired October 17, 2009 - 12:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

FREDRICKA WHITFIELD, CNN NEWS ANCHOR: We've got severe weather to begin our day with. We're talking about a powerful Category 4 hurricane and it's intensifying southwest of Acapulco, Mexico now.

Meteorologist Reynolds Wolf has the latest on this Hurricane Rick we're calling it, right?

REYNOLDS WOLF, CNN METEOROLOGIST: Oh, that's right. My goodness. What a storm this thing is. We're talking a major hurricane, it's a Category 4 right now, but may get to be Category 5 and the reason why is because it's moving over an area with very little shear, the strong winds aloft, they can rip these things apart. It's also moving into an area with very warm water, which is like high octane fuel for this huge powerhouse.

This storm is, as you mentioned, Fredricka, moving away from Acapulco. That is the good news. Bad news, as we mentioned, winds at 145 gusting to 175 and the latest path we have from the National Hurricane Center brings it more due to the west and then turns a bit more to the north as it gets into Tuesday, Wednesday, and Thursday. However, it is expected to downgrade, weaken as it moves into an area of cooler water and it's going to interact with strong winds aloft that shear as we get into Thursday a.m. with winds around 90- miles- per-hour. And there is a chance it could weaken a bit more and actually become a tropical storm as it makes landfall.

(WEATHER REPORT)

Fred. Let's send it back to you.

WHITFIELD: Nice fall weather in a lot of places. Warm fall weather is what I mean.

WOLF: Exactly.

WHITFIELD: All right, Reynolds. Thank you.

All right, another developing story we're watching. A "major announcement" expected this hour from Richard Heene father of the so- called "Balloon Boy." On Thursday Heene and his wife set off a full scale scramble for their 6-year-old son, Falcon. The couple said they believed their son has taken off in the family's experimental balloon. You remember that. The problem was the kid wasn't inside. In an interview with CNN the boy raised suspicion that the whole episode just might have been staged. Allegations Richard Heene calls pathetic and he has called a news conference for this hour. Stay tuned for that, we'll bring that to you live as it happens right here in the NEWSROOM.

All right, overseas now, Pakistan's military launched a crackdown on a terror hub within its own borders, today. The army sent 28,000 soldiers streaming into South Waziristan. The lawless tribal region had become a home base of sorts for both Taliban and al Qaeda. People who live in South Waziristan are fleeing the region. The military crackdown follows a deadly wave of terror strikes across Pakistan. Close to 200 people have been killed since last September.

(BEGIN VIDEO CLIP)

PERVEZ HOODBHOY, PAKISTANI DEFENSE ANALYST: Now the situation has become critical. What we've seen is that suicide bombings have spread into all our cities. We've seen the extremists become stronger and stronger, day after day and that nerve center lies in Waziristan. We've got to go for it now.

(END VIDEO CLIP)

WHITFIELD: The military estimates that there are 10,000 hard core Pakistani Taliban in South Waziristan.

Fighting the Taliban has been an uphill battle since its resurgence in 2002 as Pentagon correspondent Barbara Starr reports, the group is gaining ground while another terrorist group has lost it.

(BEGIN VIDEOTAPE)

BARBARA STARR, CNN PENTAGON CORRESPONDENT (voice-over): The nearly daily chaos is raising more questions about the ability of Pakistan's security forces to maintain control.

The last two weeks of attacks are largely the work of an increasingly powerful Taliban organization. It's all impacting the White House discussion about how to proceed with the war.

BRUCE RIDEL, BROOKINGS INSTITUTION: One should have no doubt about the relationship between al Qaeda and the Pakistani Taliban.

STARR: Experts say as the White House struggles to decide whether the priority is fighting al Qaeda or the Taliban, it must first understand it's facing a web of interconnected networks in Pakistan.

JOHN NAGL, CENTER FOR A NEW AMERICAN SECURITY: It's impossible, I think, to separate the Taliban in Afghanistan from the Taliban in Pakistan. They're both gaining strength and they present a real threat to the security of this entire region, this nuclear armed region. So, it's enormously worrying.

STARR: Remember Mullah Omar? The one-eyed Taliban leader who fled the U.S. invasion of Afghanistan for Pakistan? He's back, big time.

RIDEL: Mullah Omar has presided over one of the most remarkable

(END VIDEOTAPE)

WHITFIELD: All right. Sorry, we're going to interrupt that story right now, taking you straight to Ft. Collins. This is Richard Heene, he's the father of the 6-year-old Falcon who was missing for a time in that balloon, presumably. Well, now the father is speaking out.

RICHARD HEENE, BALLOON BOY FATHER: I'm going to place a box out front, please write your questions down because I've got stuff -- friends are telling me they're saying this and that. I have no idea what the news is saying. I'm not -- don't have cable. So, OK?

QUESTION: Can't we just ask our questions now?

HEENE: No. Not at all.

QUESTION: Would you just say once and for all, was this some sort of publicity stunt? Was this a hoax? And will you talk to the police, today?

HEENE: Absolutely no hoax. I want your questions in the box. I'll get right back to you. OK?

(CROSSTALK)

WHITFIELD: OK. Well, That's very interesting there. Richard Heene there outside of his home in ft. Collins. He says, no, it was not a hoax. That was the only question that was launched at him, right there. He is instead asking all the reporters who have shown up for the press conference that he announced would take place with what he called a "major announcement" being given that he would be giving that major announcement. Now he says he wants all the reporters to write their questions down, put it in that box and then he'll come back out, presumably, and answer some of those questions. The story just gets more and more odd as the day goes by. All right, much more on that possibly a little bit later.

All right, I think we're going to try and resume our story there about Afghanistan and what the NATO coalition today is announcing. The deaths of three more U.S. soldiers -- two died in eastern Afghanistan, the other in the southern part of the country. All were killed by roadside bombs. Twenty-eight American deaths reported in Afghanistan, so far, this month alone. As President Obama weighs a new war strategy for Afghanistan, watch FAREED ZAKARIA GPS, tomorrow afternoon on CNN for a top notch analysis on Afghanistan, that's at 1:00 p.m. Eastern and again at 5:00, only on CNN.

All right, as any school teacher can tell you, the swine flu is hitting early and it's hitting hard. And health officials say they're not as prepared as they had hoped. It's taking longer to make all of the H1N1 vaccine that is actually need. At most, about 30 million doses will be available this month. While that may sound like a lot, it's about 10 million fewer doses than actually expected.

(BEGIN VIDEO CLIP) DR ANNE SCHUCHAT, CDCP: Some of the manufacturers have let us know the production of vaccine is likely to be a bit delayed in terms of the number of doses they were expecting to have out in future weeks. We do think by the end of October and early November they'll be widespread availability and it will be much easier for people to find out where to be vaccinated.

(END VIDEO CLIP)

WHITFIELD: All right. Doctors are reporting widespread outbreaks of H1N1 flu in now 41 states.

All right, the cogs are slowly turning on health care reform, this weekend President Barack Obama says some are ready to throw a wrench into the works. Our Kate Bolduan is standing by live at the White House.

So, Kate, is the president still optimistic about actually getting a plan passed?

KATE BOLDUAN, CNN WHITE HOUSE CORRESPONDENT: Fredricka, he is optimistic. And today he kind of noted his optimism in his weekly radio and Internet address. The president is really trying to keep the momentum going around the health care debate that's going on Capitol Hill and the debate going on across the country.

The debate on Capitol Hill moved forward slightly. It's now moved out of the committee phase and is now moving toward its next stage which is a wider floor debate that we could expect could be quite fiery in the coming weeks and months ahead.

Senate Democrats and White House negotiators, this past week, they went behind closed doors to kind of hash out differences between the different proposals and plans. We're told they are expected to get right back to it again this week, but as I mentioned in his weekly radio and Internet address, the president really was trying to highlight progress as it moved out, as one key Senate committee approved its plan, but the president does acknowledge that there's a long road ahead. Listen here.

(BEGIN VIDEO CLIP)

BARACK OBAMA (D), UNITED STATES PRESIDENT: There are still significant details and disagreements to be worked out in the coming weeks and there are still those who would try to kill reform at any cost. The history is clear. For decades, rising health care costs have unleashed havoc on families, businesses, and the economy. And for decades, whenever we have tried to reform the system, the insurance companies have done everything in their considerable power to stop us.

(END VIDEO CLIP)

WHITFIELD: You hear the president there, Fredricka, really kind of taking on the insurance industry. In the radio address he goes on to say and accuses the insurance agency, of trying to kill reform with, "smoke and mirrors." He was talking about, in part, about an industry, an insurance industry trade report that was released this week that found that the reform efforts, the reform plan coming out of the Senate Finance Committee would result in skyrocketing premiums, much more expensive than any insurance premium would cost if no reform was passed.

But, the White House Democrats and health care experts, they all came out and blasted this report, calling it inaccurate and you can see the president seeming to kind of take off his gloves, really taking this on as he wants to push the ball forward on this No. 1 domestic priority.

WHITFIELD: And it continues to grow contentious, as well.

BOLDUAN: It sure does.

WHITFIELD: Thanks so much, Kate Bolduan.

All right, as for Republicans, there is still quite a bit of opposition, especially to a public option. In this week's GOP address, Congressman Kevin Brady of Texas explains why his party could never go for such a program.

(BEGIN VIDEO CLIP)

REP KEVIN BRADY (R), TEXAS: The massive health care plans being crafted behind closed doors in Washington will ultimately allow the government to decide what doctors we can see, what treatments the government thinks you deserve, and what medicines you can receive. The Democrats' plans are loaded with new federal mandates and higher taxes on insurance plans, treatments and equipment all of which will be passed down to patients.

(END VIDEO CLIP)

WHITFIELD: All right, meantime, House Speaker Nancy Pelosi says Democrats are ready to "fight for the public option."

And then there's this programming note on CNN Sunday morning at 9:00 Eastern, a rare interview with White House chief of staff Rahm Emanuel. John King talks to him about health care, the economy, foreign policy, and more on STATE OF THE UNION Sunday morning at 9:00 a.m. Eastern, right here on CNN, the worldwide leader in news.

OK, so where are the new stimulus jobs? We followed the recovery money in the CNN NEWSROOM.

(COMMERCIAL BREAK)

WHITFIELD: All right, with billions of dollars being spent to rescue the economy, we're keeping an eye on where the money is actually going. Our Josh Levs joins us with some new figures on how many jobs have actually been created -- Josh.

JOSH LEVS, CNN NEWS CORRESPONDENT: Yeah, hey there, Fred. You know, this is interesting. What happened is that this past week, just a few days ago, those groups out there that received federal contracts under that giant stimulus bill, had to report how many jobs they've created. Let's zoom in here, I'm going to show you all about it.

Recovery.gov is what keeps track of it. And over here, this is the new piece of information that popped up. They're saying 30,000 jobs created or saved as reported by the federal contractors. But, stay on that for just a second, I want you to understand, a job in this context is not a job where you go full-time and have benefits and all these things. In many cases, it is working on a construction site for two weeks or 10 days, temporary work. That said, it is still some pay and it's relevant.

Now, here's the fun stuff. Let's look at where the contracts have been going. They have a map here that you can kind of play with and what you can do is click on any state. So, I'm going to step out of the way. We'll zoom in. Let's say we click on Texas, right here. As soon as you click on it, which I already did, it'll give you some information about Texas. Now, you go over here, you click this green button. It shows you all these contracts that have been from that $787 billion stimulus bill that has been provided all over the country. You can zoom in anywhere. You can zoom in on your city. You can zoom in on your state. And then every case, you can just click on one and it will give you, in your town, how much money was spent, how many jobs created, all that at Recovery.gov. Great resource.

I'm also going to mention this one, Recovery.org, which does something similar, that's run by a private group, Onvia, which is trying to help contractors out there get their hands on some federal contract work. They're keeping track of this, as well. So, you got Recovery.gov and Recovery.org.

And Fred, you know, it's really helpful information. People I many cases looking for a lot of work, right now, trying to get their hands on what they can, trying to see how this is going to get paid out, so you can see that.

WHITFIELD: Yeah, it's all very interesting stuff, and that is a perfect segue into what we're doing in the 4:00 Eastern hour, because there are a lot of interesting national indicators of where the economy is, that the recession just might be over, say some analysts, that perhaps there is an upswing, but for a lot of individual households, people are saying, wait a minute, not for me, it's still pretty tough. So, in the 4:00 Eastern hour we're talking about "Dollar Dilemmas," how do you make sense of these indicators from the Dow being above 10,000 mark this week to some people's 401(k)s being a bit of a bump. What do you do about your contributions? Do you reassess? That's some of what we'll be talking about -- Josh.

LEVS: Yeah, we've got a whole hour of that ahead and you see there, where to push your questions at CNN.com/Fredricka, you also got my screen, CNN.com/Josh and FaceBook and Twitter, JoshLevsCNN. It's a whole hour. We're going to get great financial advice from these folks over here, good friends of the show, the Dolan's who are going to be with us. WHITFIELD: Oh, they're so smart and so witty. And they're going to help us plan for the holiday season. Because you know, already the retailers have rolled out all of these specials, advertisements spend, spend, spend. But what do you do this holiday season, do you try and hold back on your spending, or do you feel good enough to take advantage of the lay away plans? Yes they're back, people.

LEVS: So, you got stocks, you got that kind of spending. And zoom in just really quickly and then we'll go. Just to show you some examples of the questions people are sending.

James: "What are the best stocks to buy if you're just getting started in the market or just thinking about it?"

Crystal writes, "When do the financial analysts expect the housing market to make a full recovery?" Whatever your financial questions are from stocks to holiday shopping, go ahead send them along. We're going through them all afternoon and we'll keep bringing them up throughout the 4:00 hour.

WHITFIELD: Oh, excellent, well Ken and Daria Dolan will answering those questions and more. All straight ahead, 4:00, "Dollar Dilemmas." Thanks so much, Josh.

LEVS: Thanks, Fred.

WHITFIELD: All right, the runaway balloon with nobody onboard. Could there be a civil or even criminal consequence, potentially? Our legal experts blow off some hot air of their own in the NEWSROOM.

(COMMERCIAL BREAK)

WHITFIELD: All right, a look at our top stories right now. Pakistani security forces are on a search and destroy mission in the country's lawless tribal regions, stabbing at the heart of the insurgency. Ground and air assaults are pounding Waziristan targeting Taliban hideouts. Initial casualties include a dozen suspected militants and four Pakistani troops.

Widespread outbreaks in this country of H1N1 flu have been reported now in 41 states. Health officials are waiting for enough vaccine to actually go around and say manufacturers are behind in production. By early November, however, they say there should be plenty of vaccine to go around.

And amid growing questions of a possible hoax, Richard Heene, father of the so-called "Balloon Boy," pulls a fast one on the media this morning, calling a news conference earlier this hour actually with a "major announcement" would be delivered only to delay whatever he does have to say for later on this evening. He asked for the reporters to instead put their questions in a box and then he went right back into the home there, in Ft. Collins.

Another check of the top stories in 20 minutes. But, we know you haven't had enough of this story involving the balloon and the little boy and the family and all these question. What is going on, exactly? Our legal guys also want to pick at this matter. Our Avery Friedman is joining us from Cleveland, a civil rights attorney and law professor and Richard Herman is a New York criminal defense attorney and law professor. However, joining us from the lovely Las Vegas.

Did I get that right?

RICHARD HERMAN, CRIMINAL DEFENSE ATTY: Got it, Fred.

WHITFIELD: All right, well let's talk about what's going on with this family. Still, we haven't heard the major announcement is, as far as the family is concerned. This was not a hoax, this simply was a terrible accident, and it was -- you know, frightening, to say the very least, for them. But now, you know, there are these questions in a big, broad way about whether it was indeed a hoax. If there was something wrong with this story, Avery, police have already said, you know, they have more questions to ask, particularly because they heard the little boy say "we did it for a show" wen he was interviewed by Wolf Blitzer. So, what are the questions now that the investigators have to ask?

AVERY FRIEDMAN, CIVIL RIGHTS ATTY: You know, if I'm the attorney for this fellow and we already know the sheriff's department is doing its investigation, he's calling a press conference and says to me, as the attorney, hey, I have a real good idea, why don't I go public on this thing? Holy smokes! Hasn't anyone shared with him the chestnut, anything you may say will be used against you in a court of law? Come on. No press conference. I don't know what this guy is thinking.

WHITFIELD: Maybe that's why it didn't happen. Maybe in part, Richard, changed his mind?

HERMAN: I would hope Clare or Sinclair (ph)could get a little Fifth Dimension playing, "Up, Up, and Away," right now with that clip, music for us. I got to tell you, that's a weather balloon. I don't even know if a kid could fit in that balloon, there, and if this is a hoax and it's determined that it was a hoax and maybe the kid let the cat out of the bag saying we did it for a show, if they can get some e-mails or some text messages showing this was a staged event, there, you know, people are upset over this. Manpower was used. And you know, the problem is, say someone in law enforcement in trying to track this balloon got injured in the course of trying to track it. You know? Who's to blame for this? What about the press conference? What in the world is this guy thinking?

WHITFIELD: I don't know. I mean, we're all kind of baffled and perplexed about that, because he came out earlier this morning and said, you know what, I'm going to have a press conference and I have a major announcement to make, it'll happen at 10:00, which is 10:00 Mountain Time. And then he comes out and as you see right here, holding this box, and just kind of said, instead, you know what, I'd like you guys to put your questions in this box and I'll come back and answer them you later.

FRIEDMAN: And my lawyer will take a look at the questions, I think is what's going on, here. There's not going to be a press conference, Fredricka. If so he's not listening to his attorney. It's ridiculous.

HERMAN: Maybe we're getting a little insight into this guy's makeup which could be quite interesting, I think.

WHITFIELD: Yeah, it is a baffling case. All right, baffling, too, let's talk about what took place in Louisiana. This judge saying, you know what, I am not going to marry you two because this is an interracial couple and I don't believe and his view, the judge, what was his name, Keith Bardwell.

HERMAN: Keith Bardwell, right.

WHITFIELD: He said that he was concerned about the children's future, if they were to have children. Well, talk to me about how this might be a Justice Department investigation -- Richard.

HERMAN: Well, let's keep saying his name. Keith Bardwell. Keith Bardwell, Keith Bardwell. This is a judge in the United States of America in 2009. This is an abomination. This guy must be stripped of his judgeship. It is an absolute one million percent violation of the United States Constitution.

FRIEDMAN: One million percent?

HERMAN: One million percent violation of the Constitution that has protected this right to marry for at least the last 40 years.

FRIEDMAN: Right.

HERMAN: This guy is a disgrace.

WHITFIELD: And Senator Landrieu sees it that way as does the governor, Bobby Jindal, so you know, Avery I imagine this judge had to have thought about all these things, whether he had the right, the jurisdiction, whether he really could be countering a constitutional right. What kind of recourse does he have?

FRIEDMAN: Well, what kind of recourse does Judge Bardwell have?

WHITFIELD: Yeah.

FRIEDMAN: Absolutely none.

WHITFIELD: I mean, he knows the law.

FRIEDMAN: Well, that's right. I mean, I don't know what explanation -- I guess you have to live in Tangipahoa Parish to really understand the mentality. But look, the bottom line is he passed the bar, he is a lawyer, he knows what he's doing is unconstitutional. As a general rule, judges are generally immune from any kind of litigation in terms of personal liability, this may be the exception. I think the Justice Department is coming in. This guy can say good- bye to his judicial appointment. WHITFIELD: Oh wow, all right, let's talk about another case; this is very odd, too. This bubbled up last week, a sweat lodge, the deaths of two people in this Arizona sweat lodge and now apparently investigators say and here were the victims, two people who died, a 38-year-old and 40-year-old, investigators say they have reason to believe now to treat this as a homicide case -- Richard.

HERMAN: Yeah, the sheriff has come out point blank and said: I don't believe this was an accident. I believe this is a homicide. That's where we're investigating. This leader, this cult figure leader, this guy Ray, who didn't have enough decency...

WHITFIELD: James Arthur Ray.

HERMAN: ...to stick around and be there the day after this tragedy took place, ran and hid somewhere, counting his money that he made off of this.

FRIEDMAN: Oh, boy oh, boy.

HERMAN: Unbelievable. Two people died, 19 people were injured. There were no building permits for this little hut that these poor people walked into like zombies, you know, like Jones, you know, like cult figure. It's just unbelievable.

WHITFIELD: So, Avery, are you agreeing with that sigh in disagreement or agreement?

FRIEDMAN: I actually am in disagreement. I think, look it. This is a guy who somehow has this following. He is a cult figure, there's no doubt about it. He advocates the use of Native American tribal culture in doing it. I mean, thousands of people have gone through this program. It seems incomprehensible to me that this individual would want to hurt much less kill anybody. I mean, I appreciate what the sheriff is doing. It may be law enforcement spin. But we are right at the beginning and it would strike me as virtually impossible that this individual would want to kill his, one of his followers or two followers, ridiculous.

WHITFIELD: All right. Avery and Richard, thanks so much. I know the name Enron's Jeff Skilling and even First Lady Maria Shriver ring a few bells. Well, they too are going to be part of our discussions in round two with our legal eagles, Avery and Richard. See you in a bit.

FRIEDMAN: Right.

WHITFIELD: All right, step up to make the buffet and make your choices. Companies offer a smorgasbord of health care options for 2010. It is now open enrollment season.

(COMMERCIAL BREAK)

WHITFIELD: OK, so the holidays are fast approaching and if travel is in your plans, listen up. The time to book flights is right now. Today's "On the Go" report focuses on what to expect.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE (voice-over): Holiday travel may be cheaper this year.

CHRIS MCGINNIS, EXPEDIA.COM: First, there's less demand due to the ailing economy and second, there's lower fuel costs for airlines which helps them keep fares low.

UNIDENTIFIED FEMALE: Book your trip early.

MCGINNIS: The best time to book Christmas holiday trips is mid- October and really no later than that.

UNIDENTIFIED FEMALE: To avoid delays, try to stay away from hub airports.

MCGINNIS: Now that airlines are flying fewer planes and flying smaller planes, airport congestion is really less of a problem overall. But still, at big hub airports like Atlanta and New York, there's still serious congestion problems because airlines have actually beefed up flights at these airports.

UNIDENTIFIED FEMALE: And it's more important than ever to get to the airport on time.

MCGINNIS: Really, don't be late for any flight this year because if you do miss your flight, you could end up waiting a day or two for the next available seat which could ruin anybody's holiday.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

WHITFIELD: OK, so it's that time of year again, open enrollment for benefits. If you usually count on everything automatically rolling over from year to year without taking any kind of action, well, be careful these days. Your company's policies just might have changed.

Kiplinger's personal finance advisor Kimberly Lankford joins me from Washington with more on what you need to know as you consider your benefits package for the next year. Good to see you.

KIMBERLY LANKFORD, KIPLINGER'S PERSONAL FINANCE: Oh, thanks for having me.

WHITFIELD: So, what's with the change, particularly as it pertains to medical coverage? Is it because of this impending health care potential reform?

LANKFORD: Well, actually, specifically health care reform is not affecting 2010 open enrollments, but the fact that health care prices are rising, rising, means that your premiums will go up, but your employers are also looking for other ways to cut back. So, you're also going to have higher co-payments, higher deductibles, and a lot less coverage. So, you really need to not just look at premiums, but look at all of your options and those overall costs this year.

WHITFIELD: OK, so let's talk about all of those options now under open enrollment. Here are five things to do during open enrollment time. Boost your medical flexible spending account contribution, you say, for one. Boy, that's some tiny print, isn't it? Take advantage of dependent-care flexible spending account. Consider more disability insurance. Look into long-term-care insurance. Check beneficiaries.

Let's begin with the first one -- by boosting medical flexible spending account contributions. That's in part because you just said a lot of the co-pays, all that, are going to be going up.

LANKFORD: Exactly right. You're going to have to be paying more out of your own pocket. So, you might as well get a tax benefit for that. So, anything you put inside that flexible spending account is taken before taxes and before Social Security taxes, so it really stretches that money so much further.

WHITFIELD: So, take advantage of dependent care flexible spending, you're talking about like daycares, et cetera, for your children?

LANKFORD: Exactly and a key thing is this is just like the health care's flexible spending account, but it's for dependent care. You can put usually up to $5,000 in it and that money is also pretax and pre-Social Security tax. And a lot of people ask, well, should I put money in my FSA or should I take the child care credit at the end of the year? Well, for most families, because you saved the money on taxes and Social Security taxes up front, the FSA is the way to go.

WHITFIELD: Oh interesting. And two things people get confused about -- the disability insurance and sometimes long-term care insurance. You're saying you need to examine both of those a little bit more diligently. Why?

LANKFORD: Exactly right. Well, this time of year, the big ticket item is health insurance, everyone's thinking about that. But employers often offer other kinds of insurance during open enrollment season, too. Disability insurance is one that can really help to think about during this time.

Your employer may offer some coverage for employees, but it may not be enough. It may be just 60 percent of your pretax salary, maybe not count any bonuses, may only be for a short term. So, if they offer some additional coverage that you pay for yourself, it could be a good time to take advantage of that.

WHITFIELD: OK, and then the last item was check your beneficiaries. Sometimes, there are, you know, some life changes, you know, maybe you've gotten married, that kind of thing. So, you need to double check on the beneficiaries.

Now, you said some ways to spend your flex account because that's where sometimes folks find it confusing, too. What am I actually saving up for, what am I taking advantage in the flex account?

LANKFORD: Well, this is really anything that's not covered by insurance, so it's your co-payments, it's your deductibles, it's glasses if you don't really have vision care, anything that you'd have to pay your own money for. So really, take a look at that list and start thinking about that at the beginning of the year.

Also, this time of year, start thinking about using up that money in your 2009 FSA because a lot of people lose what they don't use by the end of the year. Some people have until April -- until March to use the money, but a lot of people end up going to the eye doctor the very end of the year and getting a lot of contacts. So, think about it these last few months of the year.

WHITFIELD: That's right because if you don't use that money, you lose it. It has to go toward those items, those FSA items you say.

LANKFORD: Exactly.

WHITFIELD: OK, Kimberly Lankford, thanks so much. Good to see you.

LANKFORD: Oh, it's my pleasure.

WHITFIELD: All right, later on this afternoon, an entire hour in the CNN NEWSROOM devoted to your dollar dilemmas, thinking about changes to your 401(k), perhaps? Perhaps you're not sure what to spend during the upcoming holidays or perhaps don't spend at all. Straight talk from personal finance experts the Dolans. Send me your questions and your comments. Also, send them to my Josh Levs here as well.

There, you'll see a number of ways that you can participate from Facebook, to our blog, maybe even want to phone call us. That's at 4:00 Eastern time only on CNN, your questions answered on all of your dollar dilemmas.

All right, a question of guilt, but it's asked a bit too late. Did the state of Texas execute an innocent man based on junk science?

(COMMERCIAL BREAK)

WHITFIELD: All right, our top stories right now, swine flu cases are rising. Forty-one states now reporting H1N1 outbreaks -- add to that a shortage of vaccine. Health officials say production is slower than expected, but by early November there should be plenty of swine flu vaccine to actually go around they say.

An army official tells CNN Pakistani troops have seized control of the home village of a Taliban leader. The Pakistani military says he has been the mastermind behind some of Pakistan's deadliest suicide attacks. Pakistan's military is staging a massive ground and air offensive against the Taliban along the border with Afghanistan.

And controversy is swirling around the case of a Texas man who some experts say was wrongly executed five years ago. And his name has become an important part of the death penalty debate.

Ed Lavandera has more about Cameron Todd Willingham and why Texas Governor Rick Perry is embroiled in the middle of it. (BEGIN VIDEOTAPE)

ED LAVANDERA, CNN CORRESPONDENT (voice-over): Governor Rick Perry says Cameron Todd Willingham deserved to die for intentionally burning down his house 18 years ago and killing his three young children trapped inside.

GOV. RICK PERRY, (R) TEXAS: This was a very heinous crime that was committed by an individual who has been described by his own defense attorney as a monster.

LAVANDERA: Willingham's conviction was largely based on the testimony of the original arson investigators in Corsicana, Texas and Perry refused to stay the execution. But since Willingham's execution in 2004, several highly respected arson experts have determined the fire that killed Willingham's three children was not the work of an arsonist and that the Corsicana investigators had a poor understanding of fire science.

Perry has ridiculed those arson researchers as latter day supposed experts and says they have it wrong.

PERRY: Those are all very clear indications that this is a politically driven agenda by a group of people.

LAVANDERA: Now, Governor Perry, who is running for re-election next year, is accused of playing politics with the Texas Forensic Commission, a state panel investigating the forensic evidence used to convict Willingham. Perry abruptly removed three members of the commission just days before a scathing report was to be released publicly. It essentially suggests the governor might have allowed an innocent man to be executed. Perry said he removed them because their terms had ended.

The report was written by Dr. Craig Byler, who has kept quiet until now. He says Governor Perry has exerted political influence over the commission's investigation and that he's behaved unethically. Two of the removed commission members tell CNN they were booted at a crucial moment in the investigation and had asked Governor Perry to continue their work.

ELIZABETH GILBERT, WILLINGHAM FRIEND: When I went to visit him, I assumed he was guilty. He was convicted.

LAVANDERA: Elizabeth Gilbert is a death penalty opponent who befriended Willingham, exchanged hundreds of letters with him. She also found the first arson expert to cast doubt on Willingham's conviction.

GILBERT: He probably woke up, the house was on fire and ran out and that was his crime.

LAVANDERA: Governor Perry says the commission will continue its work, but all meetings have been canceled and the governor isn't backing down from painting Willingham as an evil man.

DAVID MARTIN, WILLINGHAM'S TRIAL ATTORNEY: The guy was guilty with a capital G.

LAVANDERA: That's Willingham's own trial attorney. David Martin says the evidence of guilt was overwhelming.

MARTIN: Somebody poured accelerant in the baby's room and in the front hallway so they couldn't get out the door. They threw a match in there and set it on fire. He killed the kids.

LAVANDERA: That's the theory that Dr. Byler's report says is flawed. Willingham and his wife Stacy did have a stormy relationship. Governor PErry says Willingham tried to punch her in the stomach when she was pregnant to force an abortion. Willingham's stepmother says those words offend her.

EUGENA WILLINGHAM, WILLINGHAM'S STEPMOTHER (via telephone): My son was not a monster. I take offense in that. He was a loving father. He and his wife did have a stormy relationship, but he didn't try to beat her into an abortion.

LAVANDERA (on camera): Cameron Willingham went to his death publically professing his innocence, but this affidavit quoting Willingham's brother-in-law suggests Willingham confessed to his wife Stacy. It was provided to us by the prosecutor's office in Corsicana, an office which has also been heavily criticized for its handling of the investigation.

The affidavit says that Willingham killed his children because he was afraid his wife was going to divorce him. We have not been able to confirm this with Stacy despite our efforts to reach her and so far, she has remained silent about the controversy.

Ed Lavandera, CNN, Dallas.

(END VIDEOTAPE)

WHITFIELD: All right, so sordid and sad. We bring back our Avery Friedman and Richard Herman. So Richard, now what?

HERMAN: Now what? I mean, they'll continue an investigation here, Fred. But the real sad thing is hours before the actual execution, reports from arson experts said that beyond any level of science, he could not have committed this crime.

WHITFIELD: Right.

HERMAN: And this was ignored.

WHITFIELD: And when his own trial attorney said there was an accelerant used, in this day and age or, you know, 18 years ago even, the apparatus was sophisticated enough to determine whether an accelerant or a match may have started a fire. Right?

HERMAN: That sure didn't sound like a defense attorney to me, I'll tell you ...

FRIEDMAN: Well, yes, actually I agree with that. I mean, it strikes me that this matter is so terribly serious, when the governor intervenes with forensic science, the governor had 88 minutes before that execution a report that suggested that the arson was not caused by the defendant is being brought up now because of the political campaign five years ago. But there really needs to be an investigation on something as important as taking -- the government taking someone's life.

WHITFIELD: Wow. Well, let's talk about another case that is Texas-related, meaning it was once Enron. We're talking about the former CEO Jeff Skilling, whose attorneys including himself are now saying, wait a minute, we want a new trial and they are appealing now. How much closer might the Skilling I guess team be, Richard, to actually hearing a decision?

HERMAN: Oh, they're very close, Fred. The United States Supreme Court has accepted their appeal. There's something like 10,000 requests of the Supreme Court to take appeals. They take about 80 a year. This is the third Enron case that the United States ...

FRIEDMAN: Right.

HERMAN: ...Supreme Court has taken. It's going to now define honest service, deprivation of honest services which the federal government has abused for many, many years. I suffered it in one of the cases I tried in New York here and they're really going to tailor it in and I think that ...

FRIEDMAN: Well, I think the bottom line is you have to give credit to Dan Petrocelli, brilliant, brief writing on behalf of Jeffrey Skilling. That's one of the reasons the courts took it. Look for a brilliant argument, Fredricka.

WHITFIELD: And very quickly, very quickly for the Supreme Court to weigh in and say, yes, we'll take it. Oftentimes, you know, you wait years and years and years.

FRIEDMAN: Exactly right.

WHITFIELD: All right. Well, let's talk about the First Lady of California.

FRIEDMAN: Yes.

WHITFIELD: She is in trouble, at least with the governor because there were photographs of her using a cell phone while driving, a big old no-no, not once, not twice, but three times at least, right?

FRIEDMAN: Right.

WHITFIELD: And so, the governor says OK, I'm going to take care of this. But might these pictures come back to haunt her? Might she have to pay a fine? Could that happen, Richard?

HERMAN: It's not going to happen. This is going to blow over. Nobody's going to remember this.

WHITFIELD: Because she's the First Lady, it's not going to happen, is that what you're telling me?

FRIEDMAN: Right. Well, in California, they say Maria, Maria, cell phone cheetah. Nothing's going to happen with this thing. What's he going to do, take it away? I mean, it's a lot of nothing.

WHITFIELD: But everybody else would get a fine if they're caught on the phone, right? Isn't it like a $25, $50 in increments?

FRIEDMAN: Well, if they're caught -- if they're caught, right.

WHITFIELD: Yes, well, she's caught, right? On the pictures.

FRIEDMAN: I don't think -- law enforcement's going to do nothing about it, Fredricka, nothing.

HERMAN: No police officers were there who caught her. This is the governator's wife. Come on.

FRIEDMAN: Right, not going to happen.

WHITFIELD: Above the law. Is that what I'm hearing from you all?

FRIEDMAN: Exactly right.

HERMAN: Exactly.

WHITFIELD: OK, all right. Avery, Richard, thanks so much. Always good to see you all.

FRIEDMAN: Yes. See you soon. Take care.

HERMAN: See you, Fred. Take care.

WHITFIELD: All right, take care.

Americana in focus, a fisherman hooking more than just the day's catch. He also has a line to the past by keeping the family afloat for another generation.

(COMMERCIAL BREAK)

WHITFIELD: Oh, the Florida Keys. Well, it may seem like one long string of condos and souvenir shops, but a couple hundred years ago, it was a very different place with clear, blue waters and hard working fishermen. Well, today's "Americana In Focus: Jobs That Last" comes from CNN photo journalist Jerry Simonson. Take a look.

(BEGIN VIDEOTAPE)

CAPTAIN KARL ASARD, LOBSTER FISHERMAN: The day starts off beautiful. I see the sun rise every morning. My name's Captain Karl Asard (ph). I've been a lobster fisherman down here for 38 years in the Florida Keys. My family's been fishing since the 1800s. There's a lot of fourth, fifth, and sixth generation fishermen that are here in the Keys. Today, we'll be fishing spiny lobster. We're going to pull 485 traps. I have very skilled crew. One mate grabs the rope and the buoy, puts it in the winch, pulls it up, pulls it over the clearing station. They have to be measured to see what's legal and what's not. Got some nice lobster today. Some grandes, big ones.

If you feel the calling, there's no better way to make a living. You're out here in this spectacular environment, have dolphins coming up playing in the boat. A lot of hard work, but there's nothing better than a good day of fishing.

Lobsters going from $8 a pound to $3 a pound. We're all basically in survival mode at the present time, but it's still a wonderful way to make a living. I'm not a good gambler. Well, hell, I'm a fisherman, I'm a professional gambler.

Definitely had a calling for the sea. It's a very spiritual place for me. I think I'll probably fish until I can cash in my hand, although I'd like it to be a long time from now.

(END VIDEOTAPE)

WHITFIELD: All right, that's a tough job. Beautiful scenery, though, too. All right, that was photo journalist Jerry Simonson's report. And of course, you can find more information about "Americana In Focus: Jobs That Last" online at CNN.com/Americana and we'll actually have more of this special programming from CNN's photo journalists later on today. You don't want to miss it.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: This is like the Wild West. You know, he got one six-shooter, I got two. I'm going to outgun you any day.

(END VIDEO CLIP)

WHITFIELD: In the city of brotherly love, it's a long-time war over a lunch-time favorite. Want to take a guess on what it is? Coming up at 3:00 Eastern, we invite you to watch "Americana In Focus: Jobs That Last" with a look at Philadelphia's high stakes battle over it's -- am I giving it away? The namesake sandwich -- oh, I just gave it away.

All right, check out the top stories in a moment.

(COMMERCIAL BREAK)

WHITFIELD: Top stories right now. Tens of thousands of people in Pakistan are fleeing their homes after the military launched a massive offensive against the Taliban today. An army official tells CNN Pakistani troops have seized control of the home village of a Taliban leader. He is said to be the mastermind behind some of Pakistan's deadliest suicide attacks.

And three U.S. troops have been killed in two separate bomb attacks in Afghanistan. Two soldiers were killed by a roadside bomb in Eastern Afghanistan, another soldier was killed in the south. Twenty-eight American service members have died in Afghanistan this month alone.

And forecasters are keeping a watchful eye on Hurricane Rick. The category four hurricane is southwest of Acapulco, Mexico, and gathering strength, actually. Meteorologist Karen McGinnis will have the latest on the hurricane and its potential for landfall later on today in the NEWSROOM.

And later on this afternoon, an hour of the CNN NEWSROOM devoted to your dollar dilemmas. Thinking about changes to your 401(k) perhaps or perhaps you're not sure what to spend, if anything, during the upcoming holidays. Straight talk from personal finance experts, the Dolans. Send me your comments, your questions and you'll also see a number of ways to participate from Facebook to our blog. That's at 4:00 Eastern time. We'll get your questions answered to solve your dollar dilemmas. That's starting at 4:00 Eastern time.

Right now, time for "YOUR MONEY."