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H1N1 National Emergency Declaration, Northwest Plane Mystery, Senate Democratic Public Option

Aired October 24, 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: Let's talk about this, something that is concerning a whole lot of people these days. We're talking about the H1N1 and now the President Barack Obama declaring the swine flu outbreak a national emergency. CNN White House correspondent Elaine Quijano is live in Washington with the latest on this breaking development.

It is being called a "declaration." What does this mean from the White House?

ELAINE QUIJANO, CNN WHITE HOUSE CORRESPONDENT: Well, Fredricka, I just got off the phone moments ago with an administration official who emphasizes that this action is not -- is not tied to the current H1N1 victim count. It's basically, according to this official, this declaration, gives the federal government more power to help states in dealing with this pandemic.

Now, how does it do that? Well, it does so in terms of lifting some of the bureaucratic requirements, both in treating patients and when it comes to moving around equipment. The example I was given was ventilators, for instance, to places where they're most needed.

And in a nut shell, there are a few things that this H1N1 emergency declaration does in terms of granting waivers, basically, for hospitals. Under this declaration, waivers can be granted now that will allow hospitals to establish alternate care sites, to modify, to change their patient triage protocols, how they handle, would handle a rapid influx of patients. Also would allow them to modify how some patients are treated.

All of that of course is going to be very critical, should there be a worst-case scenario. But administration officials are emphasizing here, Fredricka, it's not that they are expecting one, it's just that they want to basically lift some of these bureaucratic hang-ups that could potentially delay care down the line, just in case a worst-case scenario happens.

Another administration official, Fredricka, told me, they want to emphasize this is a proactive measure that's not in any response to a new development. The official calls this an important tool in the kit going forward -- Fredricka.

WHITFIELD: So, proactive, but they certainly can't ignore the pace of the caseload already and these two are certainly tied together. All right, Elaine Quijano from the White House, appreciate that.

QUIJANO: Sure.

WHITFIELD: So it is spreading, and the nation already apparently running out of vaccines and at the same time waiting for another influx. The H1N1 virus has a lot of people concerned. So, how many cases are there potentially near you? Josh Levs is following the map, following the numbers.

Bring us up to date.

JOSH LEVS, CNN NEWS CORRESPONDENT: Fred, you and I have looked in the past, the best way to follow a H1N1 virus online. What I have now is something new that actually shows you the spread of it. Let's go to this video which we grabbed from the Web and I want to you see what happens. That goes back to October 6. Each time you see those new little buttons appear, those are new case that's have been sprouting up just throughout the month of October.

And the way this is set up at HealthMap.org, you can go back to September, wherever you want, really. And what this does is shows you the entire world in that section. But I'm going to go to my screen right now, here. I'm going to show you how you can focus in on any part of the United States.

Let's come right here. Basically, all you do is go to HealthMap.org and click on the U.S. map and it brings you to this. In every one of these cases, if you see red, that's a confirmed case. It explains to you what all of the various colors mean, but in all of these cases, every time you see one of these little things, it's either a suspected or a confirmed case. Some of them fatal. It's a good way to follow what's happening right near you at any given time.

One of the key sites to follow, HealthMap.org. I also wanted to show you this. This is from Google. They've set up something interesting. Google says if a lot of people are suddenly searching for information on an illness, they have found historically that that means there's a lot of people in that area, no surprise, who are getting it. So, they've set up these alert pages that show you at Google.org what kind of what frequency of searching there is.

Let me use the keyboard here, and I'll show you. If we zoom in for example, if I put the curser over the United States, it's telling me that flu activity is high. Canada, you can go to Eastern Europe, you can see parts of Asia. Different countries, you're seeing the level to which people are searching for information.

For word from the White House, you go here, Flu.gov. They're consistently leaving new information, including from the White House, just the kind of thing Elaine has been reporting on today. And finally, last but not least, CNN.com/H1N1 is packed with information, we update it regularly. We show you what's happening in your area. We show you a lot of what I just showed you, and we have advice from Dr. Sanjay Gupta and more. Everything I just showed you is posted here, let's go to the graphic, CNN.com/josh also FaceBook and Twitter. Everything you've got here I have linked for you so you don't have to memorize anything else. You go to all this for you, go to CNN.com/josh or FaceBook or Twitter, you'll see where all these links are. Use them any time, 24/7. And if there are links that work for you, let us know.

Fred, obviously a lot of people turning to the Web in a case like this. And I've seen reports about members of the White House and other departments in our government hoping people will turn to the Web a lot to share information.

WHITFIELD: Right, and people still want to know about the symptoms, they're still a little confused about the seasonal flu and the H1N1 and you mentioned Dr. Sanjay Gupta. He's already had the H1N1, and he has incredible first point of view story on his blog as well about the symptoms and what he experienced the whole time. And I thought it was very educational.

LEVS: Yeah, and he had that, and he was in Afghanistan at the same time. Not the combination that's ideal for anyone.

WHITFIELD: Not at home.

LEVS: He didn't have the benefits of home. It's all there at CNN.com/h1n1, updated all the time, including Sanjay's blog.

WHITFIELD: Oh great, these are wonder resources. Thanks so much, Josh. Appreciate it.

All right, let's go overseas now. A deadly strike in Pakistan taking place. Local Pakistani officials say 16 people were killed in dual missile strikes in a village in northwest Pakistan, today. The missiles are presumed to have been fired from U.S. drone aircrafts which have been previously points of contention between the two governments, the U.S. and Pakistan. The missiles' apparent target? A suspected hideout for militants.

And in Afghanistan, the presidential campaign resumes there today. Prior to the runoff slated for now November 7, the vying candidates incumbent Hamid Karzai and former foreign minister Abdullah Abdullah, both men speaking with CNN's John King and Fareed Zakaria about post election plans.

(BEGIN VIDEO CLIP)

JOHN KING, CNN NEWS ANCHOR: President Karzai has been asked about the possibility of a negotiated settlement, and he has said that that's simply not possible. He says it would have no legitimacy. But he also did tell our Fareed Zakaria that it sounds like he means after the elections because of the confidence in his voice, but that he is more than willing down the road to invite you into a government. I want you to listen.

PRES HAMID KARZIA, AFGHANISTAN: If he wants to come and work in my government, he's most welcome. I'm known for consensus and coalition building it and (INAUDIBLE) and that's a good trademark.

KING: Is he, Dr. Abdullah, known for consensus and coalition building, and would you welcome a spot in a Karzai government, should he win this election? ABDULLAH ABDULLAH, AFGHANISTAN PRESIDENTIAL CANDIDATE: No, I think I left Mr. Karzai's government some 3-1/2 years ago, and then since then I have not been tempted to be part of that government. And my first in becoming a candidate was not to be part of the same government that -- part of the same -- the same deteriorating situation.

(END VIDEOTAPE)

WHITFIELD: Two election rivals, two provocative interviews all starts at 9:00 Eastern tomorrow morning as John King speaks with former Afghan foreign minister, Abdullah Abdullah. Then at 1:00 p.m. Eastern Time, Afghan president Hamid Karzai speaks to Farreed Zakaria. Can the upcoming presidential runoff in Afghanistan be fair? The smartest lineup in Sunday talk begins at 9:00 a.m. Eastern and again resuming at 1:00 p.m. Eastern on CNN.

All right, more questions than answers about Northwest flight 188. Investigators want to know why the plane overshot its destination and why the pilots were out of touch for so long. What little we're hearing from the co-pilot just compounds the mystery, now. CNN's Tom Foreman has that.

(BEGIN VIDEOTAPE)

TOM FOREMAN, CNN CORRESPONDENT (voice-over): From the time it passed over Denver, Flight 188 had air traffic controllers in the dark. For an hour and 18 minutes, there was not one radio call from the plane, not one response to calls from the ground. One of the pilots said they were not asleep, as some have speculated.

RICHARD COLE, NORTHWEST FLIGHT 188 PILOT: Nobody was asleep in the cockpit. And no arguments took place.

FOREMAN: But that leaves plenty of troubling questions.

(on camera): First, even with this plane traveling out of contact more than 500 miles an hour for more than an hour, military officials have now confirmed to CNN that they were not contacted by the FAA until the plane had passed over the city of Minneapolis.

At that time, the military scrambled to launch at least four fully armed F-16 fighters, but that was so late, they never even got off the ground before the airliner was finally recontacted.

(voice-over): Passengers like Anne Kroshus, who was in row 20, say, throughout the process, the cockpit and cabin crew gave them no hint of any trouble, another curious revelation.

ANNE KROSHUS, NORTHWEST FLIGHT 188 PASSENGER: If any of us had known that was going on, I'm sure the entire flight would have been in a complete state of panic. But I think it's better that we didn't know. But I'm glad that they were at least trying to look out for us, because I don't think the pilots were.

FOREMAN (on camera): Indeed, she says, for 45 minutes, as they shot past their arrival time, passengers were told nothing at all. And when the captain finally spoke up again, he said they were just waiting to land.

KROSHUS: We were just, you know, completely under the impression that it was just air traffic and that Minneapolis Airport was not giving us clearance to land, and that basically we were just going to fly around until they allowed us to do so. And that's -- that's what we all believed.

FOREMAN (voice-over): Air traffic controllers were not sure what they believed. Authorities say when they had last recontacted the pilots, the pilots answers were so vague, they were ordered to take the plane through a series of unnecessary maneuvers to prove it was under their control, not hijacked.

Investigators have seized the cockpit voice recorder, even though they believe it holds conversation from only the last 30 minutes of flight.

(on camera): And they are questioning the pilots. Police say both voluntarily took and passed Breathalyzer tests. But, for all of that, the central question remains: What happened on Flight 188?

(END VIDEOTAPE)

WHITFIELD: All right. The co-pilot says he expects to talk to investigators more this weekend, and early into next week.

All right, well, they wanted a reality TV show. Police say what the family delivered was a real hoax. Newly-released court documents say the mother of the so-called "balloon boy" confessed to police two days after the fact, or folly, that the craft and event itself were a ruse planned well in advance as a publicity stunt.

Police say charges are pending against Richard and Mayumi Heene for reporting that their 6-year-old son took off in the homemade experimental aircraft last week. The couple allegedly hoped the headlines would help them land a gig on reality television. Richard Henne has denied that it was a hoax. It actually happened about a week-and-a-half ago, now.

All right, so authorities in Chatham, New Jersey are warning people to be extra vigilant after a priest was found dead; 61-year-old Reverend Ed Hines was found yesterday morning inside the kitchen of a church rectory after he failed up to show up for morning mass. Prosecutors say the preliminary autopsy results indicate that he was the victim of a homicide.

(BEGIN VIDEO CLIP)

ROBERT BIANCHI, PROSECUTOR: Mainly focused to the front part of his body and some wounds on the back. If there was a fight that preceded it, it just was in a very localized area. And again, there was blood spatter in various locations of the kitchen, different areas of the wall and the floor inside the location.

(END VIDEO CLIP) WHITFIELD: Chatham is 25 miles north of New York City.

Well, it seems we've been hearing a lot from our lawmakers about health care. They've been fighting about it, as well. So how do you view Congress these days? We'll get a check right after this.

(COMMERCIAL BREAK)

WHITFIELD: I'm sure there was a story that you saw on any one of my shows that makes you want to comment. Well, we've made it really easy for you to do so. Just go to my blog at CNN.com/Fredricka. You can comment on anything you see, and you can also my FaceBook page, at Fredricka Whitfield CNN. And there's yet another way, you can pick up the phone and call this number: 877-742-5760. Some of your comments will actually be used on air.

(COMMERCIAL BREAK)

WHITFIELD: The bills, the debate, health care reform continues to consume Congress these days. Our deputy political director Paul Steinhauser is in Washington.

So, let's talk about this health care debate, and the changes, the evolutions of it and how it really is impacting the popularity, not just of Republicans, Democrats and the presidency, but really the popularity of the bill itself.

PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIR: You got it, Fred. And I guess the theme the last couple of days is the return of the public option. You know, it wasn't in the senate finance bill that we covered so much and for so many weeks, but now year seeing that Senate Democratic leaders are talking about putting some kind of public option in their bill they get through on the floor.

Take a look at this, this is a poll from CNN/Research Corporation, came out in the last couple of days. You can see right there, support for the public option, which as we know is a government plan that would compete with private insurance, it's up from August, six points in our poll. And we saw some similar things in an ABC/"Washington Post" poll. So, it looks like people are turning more favorable toward the public option over the last couple months, Fred.

But what does this mean for Congress overall? One thing American do agree on, they're not crazy on what Congress is doing. Look at this other poll from our recent survey, you can see three in 10 Americans approve of the job Congress is doing. And Democrat and Republican leaders pretty much equally low, there. Regardless of what's going on in health care, Americans are just not crazy with the partisanship in Congress and, well, Congress takes its time. That's the way it works, Americans like things quick, I guess.

One thing though, Fred, we looked at the parties and you think that number spells trouble for Democrats because they're up for re-election next year, they control Congress, but the Republicans' numbers are even lower than Democrats', Fred. WHITFIELD: Wow, pretty extraordinary. Let's talk about municipal races of a whole other scale and sphere. We're talking about New York's mayoral race and Michael Bloomberg seeking a third term and sinking so much money into this race, even though he's the incumbent, people know who he is. But I wonder, the millions he's sinking into this race, will this bleed over into other city races or perhaps even state races, kind of up the ante on how much it costs to try to run and win?

STEINHAUSER: It might, exactly, and it might, but remember, a lot of people don't have the money that Michael Bloomberg does. He is a Wall Street and media mogul and he's estimated to be worth in the tens of billions. But you're right, he has sunk so far this year, in this campaign, $85 million, it's not even election day, he'll probably go well over $100 million just for the New York City mayoral re-election. And if you couple that with the past two election that's he won, we're talking about $250 million in these three campaigns. That is an enormous amount of money.

WHITFIELD: Where is that money going?

STEINHAUSER: It's going to ads, it's going to "get out the vote." Remember, New York City's not a cheap place to run TV commercials. It's the biggest media market and the most expensive, so it takes money, but he's got a lot of money. A poll came out, though, in New York City among voter there and they said regardless of the money he's spending that's really not influencing their opinion. They know him, they know he's got a lot of money, but they still like the job he's doing.

WHITFIELD: Wow. That's pretty extraordinary because people know who he is, and usually the ads, you spend a lot of money on the ads because you really want to get the word out on who you are. But go figure.

STEINHAUSER: He's playing it safe.

WHITFIELD: Yeah. All right, Paul Steinhauser, thanks so much appreciate that.

STEINHAUSER: Thanks, Fred.

WHITFIELD: All right, let's talk to our in-house New Yorker, Bonnie Schneider, in the Weather Center, but we're going to talk weather and not necessarily about your town.

BONNIE SCHNEIDER, CNN METEOROLOGIST: Oh, OK. Well, we can talk about that in a minute.

WHITFIELD: We'll take the national scope.

(WEATHER REPORT)

WHITFIELD: Extraordinary mixed bag there.

SCHNEIDER: Yeah. October. WHITFIELD: OK, Well, I know who you're rooting for, I know you're rooting for the Yankees.

SCHNEIDER: I also got FaceBook comments, some people were not too happy about that.

WHITFIELD: But you're a New Yorker. Who else would you be rooting for?

SCHNEIDER: Come on, people. Thanks, Bonnie.

WHITFIELD: Yeah, all right, thanks, Bonnie.

All right, well some suburban homes allegedly turned into marijuana farms? Well, it's a case in California's Central Valley where nine people are now in custody. The "Associated Press" says one of them won't get bail because he's too much of a flight risk. Nine other suspects may have already fled the country and they're all accused of lying to buy 51 homes. Then they allegedly gutted them to grow the pot inside.

All right, so we're going to be talking about marijuana today, but on a medicinal level. At 4:00 Eastern Time, we're going to be talking about mellowing on medical marijuana, and the announcement this week by the feds that they're going to ease up on prosecuting users and distributers in states where medical marijuana is legal. So, we'll be getting some of your questions and your comments on the air. We've got some experts on hand, our Josh Levs is also going to be part of the conversation. And already, Josh, you're seeing some things appearing on our blog and FaceBook, and some pretty incredible and remarkable comments already.

LEVS: Look, when we talked about what the topic was going to be for 4:00, I told you, it will go -- well, there are some people that no matter what our topic, it could be Afghanistan, they'll write us, by the way, we think marijuana should be legal. So, what we are seeing here is a specific discussion about medicinal marijuana. But this, you were just showing the page there, this is one of the places that people are weighing in here and this is what we're talking about on medical marijuana and you can reach that on CNN.com/Fredricka or CNN.com/Josh.

I just have an example here of what one person wrote, here, "It's about time, they want to save everyone concerned a lot of money and time, you'll legalize it, period." These are some of the things people are saying, but Fred, we're also hearing the other side.

Let me show you my page as well, so everyone can see those discussions are going on, you got CNN.com/josh, FaceBook, and Twitter, JoshLevsCNN. I posted about this yesterday, we've gotten hundreds already, Fred. We're expecting a lot more today and throughout that 4:00 hour we'll get your questions answered, we'll share your comments and we've got a panel of great guests, too.

WHITFIELD: Yeah, we're going to talk about the pros and cons and even this person, John, on my blog says, "Take the tax and put it toward providing health care for the poor and uninsured." We're actually going to talk about the potential of tax revenue in those states where marijuana is legal. So, we are going to be having a pretty heated conversation, I imagine.

LEVS: It's going to be interesting.

WHITFIELD: All right, thanks a lot, Josh.

LEVS: Thanks, Fred. You got it.

WHITFIELD: All right, let's look at the top stories, right now. The U.S. military remains mum on a pair of deadly missile strikes in northwest Pakistan thought to have been fired from unmanned drone aircraft. Local officials say 16 people were killed, the apparent target, a suspected Taliban hideout in the town of Damadola.

And as Afghanistan gets ready for presidential runoff, so does the Taliban. The militants warning potential voters to boycott the ballot box or face the consequences. Afghans are set to go to the polls November 7.

"And we weren't sleeping," this is a quote, "We weren't arguing. What were we doing? I'd rather not say right now." That's what one of the two pilots is saying after their flight overshot its destination by 150 miles on Wednesday. First Officer Richard Cole says the details will come out in NTSB hearings slated for next week. Another check of the top stories in 20 minutes.

A reported confession in the balloon hoax case. Our legal guys will be analyzing what it all means and what kinds of charges might be following.

(COMMERCIAL BREAK)

WHITFIELD: All right. New developments this weekend concerning the Colorado "balloon boy case." According to court documents filed in Colorado, it wasn't a confession from a child that tipped authorities that it wasn't a real emergency, and it wasn't a confession from -- it was, rather, the confession from the mother. Adam Chodak with CNN affiliate KUSA in Colorado filled us in.

(BEGIN VIDEOTAPE)

ADAM CHODAK, KUSA REPORTER (voice-over): The act was convincing.

ROBERT HEENE, FATHER: I'm really sorry I yelled at him.

CHODAK: First there was the tear-filled post news conference. And then the expletive-filled home video. And then to top it off, had you the 911 call, where quiet Mayumi Heene gave quite a performance.

MAYUMI HEENE, MOTHER: We've got to get my son.

DISPATCHER: OK, hang on just one second, don't hang up.

CHODAK: then on CNN, the story started to crumble. FALCON HEENE, "BALLOON BOY": We did this for a show.

CHODAK: the Larimer county sheriff then confirmed everyone's suspicion.

UNIDENTIFIED MALE: It has been determined that this is a hoax.

CHODAK: But Friday, the hard evidence arrived. This is the paperwork the sheriff's office put together to justify a search of the Heene home. At the very end of the affidavit, the investigator says Mayumi Heene came clean on the whole deal. Specifically she said she lied to police. The investigator also said Mayumi admitted, "the motive for the fabricated story was to make the Heene family more marketable for future media interest." And they had, "instructed their three children to lie to authorities as well as the media regarding this hoax."

Nine News legal analyst, Scott Robinson says the confession is key for prosecutors in this case, but has its limits.

SCOTT ROBINSON, 9NEWS LEGAL ANALYST: But if Richard Heene goes to trial, neither her confession nor her testimony can be used against him if he invokes the privilege that spouses have.

(END VIDEOTAPE)

WHITFIELD: Oh, that's pretty fascinating. We got to ask our legal guys about that one. Avery Friedman is with us, he's a civil rights attorney and law professor and Richard Herman is a New York criminal defense attorney and law professor as well. Good to see you both.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fred.

WHITFIELD: OK, Richard. I got to ask you on that note right there that that legal analyst just said, he said wait a minute, there is a certain I guess privilege between spouses. Is that true, that maybe all of that confession, that wouldn't be used against maybe Richard Heene? Is that what I understood him to say?

HERMAN: Did that analyst say if he tries to invoke that?

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Yes, right.

WHITFIELD: Yes.

HERMAN: He absolutely will invoke that. There is a spousal privilege. None of that admission will be used against Richard Heene.

WHITFIELD: Huh?

FRIEDMAN: What?

HERMAN: It can only be used against her.

WHITFIELD: I am shocked.

HERMAN: It cannot be used against him at all.

FRIEDMAN: Oh man.

HERMAN: Not -- does not come into evidence.

WHITFIELD: Really?

FRIEDMAN: Oh, I -- let me -- I can't believe you said that, Richard.

WHITFIELD: OK, follow up on that one, Avery.

FRIEDMAN: I mean, listen, listen. The reality is that Mayumi is in a world of trouble. She's certainly is permitted to make her admissions. Whether there were communications that were privilege is a different issue. Clearly, if I'm prosecuting this case, Mayumi's my first witness in terms of what she did.

I mean, in terms of whatever communications existed between husband and wife, that's secondary. I agree there's a privilege, but so what? Mayumi's going to testify about what she did and that's clearly going to be incriminating, Richard.

WHITFIELD: And wait a minute, isn't there -- and one of the charges just might be conspiracy. So, these two -- and we're looking at the tape right here ...

FRIEDMAN: Yes.

WHITFIELD: ...they both seem to be in on it. They were both, you know, together, and if police are saying it was a hoax and indeed that is the case, then they're both performing together.

FRIEDMAN: Yes.

HERMAN: It's not coming in. It has no -- there's absolute privilege to this. It's not going to be admissible. If they both go to trial, the case will be severed. They'll be tried separately without her.

WHITFIELD: Because they're married.

HERMAN: ...and given -- because they're married.

FRIEDMAN: How do you get around the fact that she's going to testify about what she did, which is clearly going to be incriminating, not concerning the communications between the two of them, but rather what she did. That's clearly incriminating. That's getting in.

WHITFIELD: So now, what does -- yes, sorry to interrupt. What does this now do for the case of what's going to happen with the children? Because you know, federal, you know, and local folks want to weigh in on ...

FRIEDMAN: Right. WHITFIELD: ...all of the potential charges here. And still in the end, you have these three kids and I think we heard from the sheriff last Sunday who said there wouldn't be any charges imposed on the children, even though they ...

FRIEDMAN: Right.

WHITFIELD: ...too seem to be in on it. So, Richard, what might this potentially mean? I know I'm eating up all of our time on this one case because I am super fascinated now.

HERMAN: That's OK.

FRIEDMAN: I hope he -- absolutely -- I mean, we obviously have strong disagreements. Go ahead, Richard.

HERMAN: You know, one of the charges that they're thinking about bringing is contributing to delinquency of a minor.

FRIEDMAN: Right.

HERMAN: And if they do ...

WHITFIELD: Yes.

HERMAN: ...bring that -- see, that charge alone is going to force the Heenes to settle this case.

WHITFIELD: OK.

HERMAN: This will absolutely be plea-bargained out, it'll be restitution deal. They're going to get probation, slapped on the wrist, but the sickest thing of all ...

FRIEDMAN: Oh, I don't know, I don't know.

HERMAN: Hey, you know what, Fred?

WHITFIELD: What?

FRIEDMAN: Hold on, hold on.

HERMAN: The sickest thing of all -- wait, wait, wait.

FRIEDMAN: You're not even counting the potential federal charges of wire fraud here.

HERMAN: Listen -- no, it's not going to be a wire fraud charge. FAA charges are civil in nature. Listen, what's going to happen here -- the sick thing is because of this hoax, they're probably going to get on a reality TV show after this.

WHITFIELD: Oh, they will not. No, no, no.

FRIEDMAN: No, no, no. No one's going to touch them.

(CROSSTALK)

WHITFIELD: I am not watching, I'm sorry. OK, you know what though, I've eaten up all of our time on this one case because it was oh so fascinating. We still have to get to Roman Polanski because that, too, is pretty unbelievable.. We're going to see you again later on in this hour.

FRIEDMAN: Right. See you again.

HERMAN: OK.

WHITFIELD: All right, appreciate it.

OK, well, a lot of first-time home buyers these days are excited about a federal tax credit, right? But should a 4-year-old actually get one? Questionable claims have Congress now re-evaluating the program. We'll look at it and how it might impact the decision of others.

(COMMERCIAL BREAK)

WHITFIELD: All right, travel to distant lands, see the sights and have surgery. Medical tourism, it's a growing trend. Aisha Teshpar (ph) takes us "On the Go" with this story.

(BEGIN VIDEOTAPE)

AISHA TESHPAR, CNN CORRESPONDENT (voice-over): Some Americans are traveling great distances in an effort to save on health care costs.

RUDY RUPAK, PLANET HOSPITAL: The most typical procedure that people are going overseas for are orthopedic surgeries, cardiac surgeries, cancer treatments, and then dental and cosmetic.

TESHPAR: But there are risks.

RUPAK: There are doctors abroad that are using medical instruments and devices and techniques that are invented in America, but not available in America because they're waiting for FDA approval.

TESHPAR: For those looking abroad for medical care, experts caution: do your homework and communicate cleary with your doctors. They also advise thoroughly researching doctors and hospitals before making any commitment and know the cost up front.

RUPAK: There are some insurance companies that will treat overseas medical care as a out of network benefit.

TESHPAR: Finally, understand the international legal issues if something goes wrong.

(END VIDEOTAPE)

(COMMERCIAL BREAK) WHITFIELD: An $8,000 tax credit for first-time home buyers has helped push home sales to their highest levels in two years. And despite some allegations of abuse, Congress is considering extending the deadline for the credit.

CNN's Brianna Keilar explains.

(BEGIN VIDEOTAPE)

BRIANNA KEILAR, CNN CONGRESSIONAL CORRESPONDENT (voice-over): Almost $4 million in first-time home buyer tax credits were doled out to children. The youngest, a four-year-old.

J. RUSSELL GEORGE, TREASURY DEPARTMENT: Most indications are that the parent is attempting to bypass the income limitations for seeking the credit by attributing the home purchase to a minor.

KEILAR: The IRS also OKayed $20 million in tax breaks to people who filed their taxes using only a taxpayer I.D. number, which doesn't guarantee they are living and working legally in the United States.

And one of the most egregious examples of possible fraud ...

GEORGE: And among those who apparently wrongly claimed the credit are a number of Internal Revenue Service employees.

KEILAR: Still, the National Association of Realtors estimates the first-time home buyer program has generated 355,000 home sales that wouldn't have happened without the tax credit. And Democratic and Republican lawmakers want to extend the $8,000 tax break which expires December 1st. They want to buoy the depressed housing market as it goes into its traditionally slow season by reaching Americans who will legitimately use the credit, like Vina and Chris Gorres.

VINA GORRES, HOMEBUYER: Yes, it's been a very long process for us. It's been almost over a year that we've been looking for a house.

KEILAR: As they expand their family, they're eager to expand their living space and take advantage of the tax break.

CHRIS GORRES, HOMEBUYER: Yes, it definitely doesn't hurt. It's definitely a nice bonus to have.

KEILAR (on camera): It became clear during this hearing that in an effort to get money out the door quickly to new homebuyers, applicants just weren't screened well enough. Then in May, the IRS did put in place a more stringent process, but now the IRS is asking Congress for even more authority to make that process more strict if Congress decides to extend this tax break program.

Brianna Keilar, CNN, Capitol Hill.

(END VIDEOTAPE)

WHITFIELD: Another look at our top stories right now. President Barack Obama declares the swine flu outbreak a national emergency. The move allows the Department of Health and Human Services to waive some requirements to better deal with the pandemic. It also allows the government to help states to treat patients and get equipment where it's need.

Inspectors from the U.N.'s Nuclear Watchdog Group are expected near Iran's holy city of Qom today. Iran's state-run media reports that they're heading to a newly-revealed nuclear facility hidden in a mountain. The team wants to determine if the installation is developing nuclear power for peaceful purposes.

New Jersey police are searching for the killer of a Roman Catholic priest. The body of 61-year-old Reverend Ed Hinds was found yesterday in the church rectory. Police haven't revealed details about how he died, but they are apparently focusing on the work that he did. Hinds worked with the homeless.

Money, breast implants, and the battle over the former Miss California, USA. Our legal guys analyze the ousted beauty queen's latest legal troubles. Are we doing this right now? You guys ready?

FRIEDMAN: Yes.

HERMAN: Let's go.

FRIEDMAN: Let's go.

WHITFIELD: OK, we'll come to you in a minute.

(COMMERCIAL BREAK)

WHITFIELD: OK, now it's time for our legal guys again. Part deux.

FRIEDMAN: Part duex, that's right. Part deux.

WHITFIELD: All right, that's right. All right, Richard, Avery, back with us to talk about Roman Polanski, director, 76-years-old.

FRIEDMAN: Right.

WHITFIELD: Is he closer now to being extradited back to the U.S. to serve time for that admission of having sex with a minor -- Richard?

HERMAN: You know, Fred, in these type of cases, there's a negotiation that goes on between our government and in this case Switzerland. He loses his appeal rights as a fugitive and that's what Switzerland's going to want to ensure he has. If they are reinstated in the United States, I think he's going to be brought back here.

WHITFIELD: Because his attorneys were trying to say that he has health problems and that his health problems would be impacted by an extradition. Avery, you say that's not going to work?

FRIEDMAN: That's a great big bowl of irrelevant. It's going to fit into the picture. However, his last shot, the Swiss Supreme Court, they denied it, look for Roman back in California in 2010.

WHITFIELD: Oh wow. OK, and then right around the corner, we're talking about November 10th, the scheduled execution for the D.C. area convicted sniper, John Muhammad, and he too is pleading for clemency.

FRIEDMAN: Right.

WHITFIELD: Avery, what are the chances of that?

FRIEDMAN: Well, the governor has the clemency petition. He's seeking a pardon, the argument is essentially couldn't get a fair trial. It's absolutely going nowhere. The governor has actually said he wasn't going to grant a pardon anyhow. It will not happen. The victims' families are lining up for November 10th down in southern Virginia for the execution.

WHITFIELD: Wow.

HERMAN: And the only decision left for him to decide is is it going to be lethal injection or electric chair. That's his choice.

WHITFIELD: Oh, boy. All right.

FRIEDMAN: Pretty tough.

WHITFIELD: Now, let's talk about our Bernard Kerik. This case just gets stranger by the moment.

FRIEDMAN: Boy, you said it.

WHITFIELD: And now, we're talking about he doesn't have to worry about the whole, you know, not claiming taxes now, but now he apparently revealed some information to a blogger. It found its way on the internet, and now he's going to jail, isn't he, Richard?

HERMAN: Well, he's in jail right now.

FRIEDMAN: Right, exactly.

WHITFIELD: He's staying in jail.

HERMAN: And he upset -- he's in jail, and he upset a federal court judge, and the federal court judge, Judge Robinson, blasted him in the media, which now kind of -- you know, creates more cause for concern on an untainted jury pool. But in any event, Kerik is in prison. He's not going to get out until this case is over, and that's if he wins. I think he's in big trouble.

FRIEDMAN: Right.

WHITFIELD: And Avery, I just keep thinking, I'm like I don't know. Top cop going to jail. This is particularly uncomfortable because ...

FRIEDMAN: Sure. WHITFIELD: ...there are a whole lot of folks that want to have a little face time with him and at the same time, he's not looking forward to that.

FRIEDMAN: Well, but he's also isolated, Fredricka. They kept him away -- you know what? Talk about a theme. This guy also decided to raise some money and he went on a reality show. It is absolutely bizarre. You couldn't hire screenwriters to come up with these stories, I tell you.

WHITFIELD: OK, Carrie Prejean, former Miss California, might she get a reality show because this -- you know, her life is like way out, open book. Now, we're talking about, you know, her breast implants and this is now the center of another dispute between she and the pageant folks.

FRIEDMAN: Right.

WHITFIELD: Richard, where is this going?

HERMAN: This is going to trial, I think.

WHITFIELD: Oh, no.

HERMAN: I mean, she's made claims that she was terminated based on religious discrimination ...

FRIEDMAN: Ridiculous.

HERMAN: ...you know, by virtue of her answer to that loser, Perez Hilton's question, and the fact that they also revealed medical -- personal medical information. So, the pageant cross claim, counterclaimed against her for return of the money she borrowed to have the breast augmentation.

WHITFIELD: Oh God.

FRIEDMAN: Right.

HERMAN: It's unbelievable.

WHITFIELD: This is embarrassing, Avery.

FRIEDMAN: Well, you know what? The terrible thing about it, you're going to be talking about marijuana at 4:00 East.

WHITFIELD: Yes.

FRIEDMAN: I wonder how many of these people involved in these cases are on it? The fact is it's a $5,200 counterclaim, and ironically, she's saying well, they violated my privacy. Their defense is hey, the second you walked out there with false breasts in a bikini, your privacy rights were gone.

WHITFIELD: Oh, lordy.

FRIEDMAN: And I -- Richard, believe it or not, I actually agree with you.

HERMAN: Hey Fred, they have a laundry list of contract breaches by her.

FRIEDMAN: Absolutely.

HERMAN: So, there's no way she's going to win this case.

WHITFIELD: And I guess what was news to me is, gee, I -- call me dumb, call me naive, I just didn't know that the pageant folks would be willing to, you know, help, you know, put up the money for breast augmentation or whatever.

FRIEDMAN: Isn't that outrageous?

WHITFIELD: I mean, so much for the whole natural beauty concept. I don't know, I guess ...

FRIEDMAN: You're exactly right.

WHITFIELD: I guess I've been living under a rock.

FRIEDMAN: No, no.

HERMAN: Hey, Fred, for 4:00, there are more medical marijuana shops in Los Angeles than Starbucks right now.

WHITFIELD: I know ...

FRIEDMAN: Right, right.

WHITFIELD: ...which is a fascinating number.

FRIEDMAN: And look it, I think they're going to merge, you can get coffee with your marijuana I think.

HERMAN: And I hear Josh Levs is ...

WHITFIELD: Well, some might say that caffeine kind of numbs the pain just like some argue that the marijuana does.

HERMAN: I hear Josh Levs is buying up fast food places to satisfy the munchies. I don't know what that's all about, though.

WHITFIELD: Oh, my gosh. Oh, no. I should have you guys on at 4:00. So, we're out of time right now.

FRIEDMAN: Oh all right. See you soon.

WHITFIELD: Avery, Richard, thanks so much. Have a great weekend.

HERMAN: Take care.

FRIEDMAN: See you. WHITFIELD: All right, well, thousands of people donning their walking shoes this morning and it's all for the fight against breast cancer.

(COMMERCIAL BREAK)

WHITFIELD: All right, thousands of people are taking a brisk 60- mile walk this morning. It is the second day of what's being called the Breast Cancer Three Day. The three-day walk from north Georgia to Atlanta, raising awareness and funds to benefit a search for a cure.

And CNN's Paul Ferguson is walking right along with the folks. And he is actually stopped and he's rigged his computer and his cell phone so he can bring us this kind of live shot here.

All right, so give me an idea of why you're walking and about where are you? You're in Norcross, so you're -- what, at a halfway point?

PAUL FERGUSON, CNN CORRESPONDENT: Well, that's right, Fredricka. I'm at about mile 30 of my 60 miles. I've got 30 miles left to go. It's a remarkable orgnazition, a marvelous thing that they're doing. They've raised about half a billion, that's with a b, half a billion dollars since starting in 2003.

WHITFIELD: Wow.

FERGUSON: Last year, they raised $100 million that went towards breast cancer research. Probably a similar amount this year, too.

WHITFIELD: That is extraordinary. And this is really close and near and dear to your heart. Your mom is a breast cancer survivor, is that right?

FERGUSON: That's right. My mom is struggling with it right now. And in fact, not just my mom, my grandmother and her mother before her had all had breast cancer. So, this is a personal cause for me. It's really nice to not feel helpless in the face of a bad disease, but to be able to do something, and this is something that people can do. There's a couple more of these events this year, too.

WHITFIELD: Oh, incredible. So, who are some of the folks out there today? Give me an idea of who is accompanying you.

FERGUSON: Well, there's about 2,200 people walking today. I'm sorry to say less than a few hundred are guys. I did find that when you're with something that's mostly women, the port-a-potties are always very clean. It's very impressive. But there's quite -- 2,200 people. The remarkable thing is all walks of life, all types of people, they're all connected by this terrible disease.

WHITFIELD: Well, great work you're doing there. Paul Ferguson, thanks so much, along with the 2,200 other people there walking in a very windy, we can hear it right now, three-day walk there in Georgia. Coming to us from Norcross, Georgia, right now, the halfway point of the 60-mile walk. Pretty extraordinary. All right, well, imagine walking 15. Count them, 15, breast cancer three-day, 60-mile walks in one year. That's the mission of Trevor McGhee, he's the leader of the Pinkineers (ph). Their motto: add pink to the world to save lives. Trevor will be joining us tomorrow at 4:00 Eastern time after he completes his Atlanta three-day walk.

And we'll have a check of the top stories straight ahead.

(COMMERCIAL BREAK)

WHITFIELD: All right, a look at our top stories right now, 16 people are reported dead at a suspected militant hideout in northwest Pakistan. Officials there say two missiles fired from a suspected U.S. drone struck their village.

And students at an elementary school in Vacaville, California, are being urged to stay home this weekend. Classes were canceled yesterday after it was confirmed a first grader who died had tested positive for the H1N1 flu. Every room in the school is actually getting scrubbed down before classes resume on Tuesday. President Barack Obama has declared the H1N1 outbreak a national emergency now.

And, quote, "We weren't napping, we weren't fighting." That's what co-pilot Richard Cole is saying, and that's basically all he is saying publicly. He was in the cockpit when Northwest Airlines flight 188 flew 150 miles past its destination. Investigators want to know why the pilots didn't respond to air traffic controllers for over an hour.

And today at 4:00 Eastern time, we're taking an entire hour to talk about medical marijuana and the announcement this week by the federal government that they will not be prosecuting people who are using it for medicinal purposes in states where medical marijuana is legal. So, all hour long, 4:00 Eastern hour, we invite you to join in on the conversation. We're going to have a number of experts, including doctors, advocates of medical marijuana, as well as opponents.

And already, we're hearing some of your comments on my blog page. And this coming from Jerry who says, "I am 61-years-old. I would like to take marijuana for my arthritis, but I also have emphysema. Is marijuana available in pill form?"

These are some of the questions that we're getting, and already, we have some answers coming from our experts. There are also dispensaries in some of these states and guess what, to Jerry -- brownies, rice krispy treats and even butter with marijuana. But we'll delve into who gets to take on that.

The latest news coming up and "YOUR MONEY" starts right now.