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Anwar Al-Awlaki; Freed Hiker Sarah Shourd; Bishop Eddie Long Used Church Money to Coerce Young Men into Relationships; Pope Benedict Oversaw Abuse Cases; Avandia Under Review; Don't Ask, Don't Tell

Aired September 25, 2010 - 15:00   ET

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

FREDRICKA WHITFIELD, CNN HOST: All right. A national security issue and the case of a Yemeni American cleric Anwar Al- Awlaki. The Obama administration is asking judge to dismiss a case filed on behalf of the Muslim cleric's father. It seeks to prevent the U.S. government from trying to target Awlaki for capture or assassination. He's believed to be hiding in Yemen, and U.S. officials believe that he's a significant operational figure with al Qaeda.

In court papers filed this morning, the Obama administration said the case could require the disclosure of highly sensitive national security information. And that's why it wants this case dismissed. The case raises complex legal issues; the Obama administration is invoking its state secrecy privileges. The cleric is a U.S. citizen. Joining us now by phone is law professor Jonathan Turley; he is an expert on constitutional law at George Washington University. And he also has experience as lead council in a state secrets case. All right, professor, I'm glad you could be with us. So does this case merit a state secret privilege?

JONATHAN TURLEY, LAW PROFESSOR, GEORGE WASHINGTON UNIVERSITY (via telephone): Well, I have to say, I find it very questionable. Because the case really raises a very simple and threshold issue, and that is, can the president of the United States on his own authority simply say, I'm going to kill this citizen?

Now, obviously the administration has some very good reasons to want to capture him. But to do a targeted assassination of a citizen without any due process raises obvious concerns. But really before we get to that, the problem with the privilege assertion is that this question can be answered without access to most of that information. I mean, presents a constitutional question, not a -- really a national security question in terms of the details of what's happening in Yemen or any other country.

WHITFIELD: What do you mean? How this -- how would would it be that this case would be argued without the national security issues being aired publicly? Is it as simple as the court may be privy to what these national security issues are? And it remains a private matter? It not be revealed out in the open if this indeed were to be a case that went to trial?

TURLEY: Well, administration officials have already publicly acknowledged that there is an order to kill this guy. And so the fact that the president's asserting this authority is not in dispute. What's in dispute is his -- the basis for claiming that authority. And so I would think that the legal issue could be resolved by the court without a lot of details as to how they intend to do it.

What's being really challenged here is not how the president might do the act, whether it's by predator or by some other means, but whether he can do the act. That's what makes this assertion somewhat questionable. Having said that, you know, the administration has been incredibly successful in getting cases dismissed in the national security area. They have an almost perfect record in avoiding judicial review. Most of its controversial national security program.

WHITFIELD: Without the use of this state secret privilege.

TURLEY: Sometimes without the use of the state secret, but sometimes with claims of standing. They've really done everything they could to avoid courts from ruling on questions of this kind and its obvious why they don't want the court to look at this. The whole constitution gives U.S. citizens panoplies of rights. Such as in the fourth and fifth and sixth amendment and that ends up to be a largely aspirational if the president can unilaterally say, all right, you can take out this guy and that guy because I think they are terrorist.

WHITFIELD: So then separate from this state secret privilege, how lawful then do you believe it is that there would be this possible CIA hit list. Some U.S. officials are acknowledging that there is such a thing and that al Awlaki is indeed on it. But that is indeed the case of the ACLU which is saying, on behalf of the father of this man, that he shouldn't be on a hit list, he shouldn't be targeted especially because he's a U.S. citizen. What kind of argument is that to make?

TURLEY: Well this is part of that disconnect we've seen in other cases, where we have officials talking about things like the water boarding or torture program, and other national security programs. So once they go into court, they say, that's top secret, you can't even venture into this area. And so there's a disconnect. And it's really clear in this case, where you have officials saying, yes, we have a hit list, and yes it has this individual on it, and, yes, the president does claim the right to be able to kill a U.S. citizen.

Now, in the past, there's always been an assumption that those types of orders have been given. But it was only with Bush and with Obama that it became an open public policy, where the president openly claimed the right to unilaterally target a citizen for assassination. And George Bush was criticized when he ordered a predator attack on a car, when he knew there was a U.S. citizen in the car, and effectively decided that citizen would die.

WHITFIELD: Something tells me this is just the tip of the iceberg then, Professor Jonathan Turley, George Washington University thanks so much for joining us on the phone.

TURLEY: Always my pleasure. Thank you.

WHITFIELD: For freed American hiker Sarah Shourd it was a long-time coming. She spent months pleading for the release from an Iranian prison and asking to speak with Iran's president. Well, she got the first part of her wish earlier this month, and then in New York yesterday, she got the second part of her wish. She spoke with Mahmoud Ahmadinejad and appealed for the release of still jailed companions, Shane Bauer and Josh Fattal.

(BEGIN VIDEO CLIP)

SARAH SHOURD, FREED HIKER: I'd like to be able to talk to the president. It's something I've been waiting for for a long time. And I prayed for in prison. So it is a good feeling for me to be able to tell him my story directly. I'm very thankful for this, and hopeful that it will make a difference for Shane and Josh.

(END VIDEO CLIP)

WHITFIELD: Shourd also discussed the details of her confinement with our Mary Snow.

(BEGIN VIDEO CLIP)

MARY SNOW, CNN CORRESPONDENT (voice over): Here we are in Central Park, you're a free woman. Does this feel surreal to you?

SARAH SHOURD, FREED HIKER: Yes, that's a good word. I mean, I still feel numb. It feels like a big disappointment. Of course, freedom is everything I dreamed it would be, but it's the most important part is taken out of it not to have my fiancee and my friend Josh here with me.

SNOW: Sarah Shourd's fiancee Shane Bauer and their friend Josh Fattel remain in Iran's Evin Prison accused by Iran of spying. Sarah had been living with Shane in Syria when Josh came to visit them. Their lives changed on July 31st 2009 when they went hiking in Iraq. Sarah says they didn't know they were close to the border with Iran.

SHOURD: No. I mean, if we had any idea we would have stayed far, far away. We would have never risked our safety. We weren't there to take any risks whatsoever. We were there to enjoy the green mountain. So northern Iraq was kind of an obvious choice, a couple of my friends have already made this trip, had absolutely no problem. People go there from all over the world.

SNOW: You were hiking for a few hours. What happened?

SHOURD: We were hiking on a small trail, and there was no indication of a border, there wasn't a sign, there wasn't a flag or a fence, and all of a sudden we saw some soldiers and we, of course, assumed that they were Iraqi soldiers, when we found out they were Iranian soldiers, we were baffled, mystified, confused and they just took us.

SNOW: Taken to Iran's notorious Evin Prison where Sarah was put into solitary confinement. She says she was blindfolded even to go to the bathroom.

SHOURD: In the beginning I would scream and cry a lot. Sometimes I would bang on the walls. But eventually you realize that that resistance is futile. No one listens no, no one cares. I mean Shane and Josh were the thing that kept me going.

SNOW: Eventually Sarah, Shane and Josh were allowed to spend up to an hour together each day. The two men share a cell. How small is the space?

SHOURD: It's about 10 feet by 5 feet. It's the same space that I had but there's two of them. So the space they exercise on, it's like about the size of a towel.

SNOW: It's those images that keep Sarah fighting to gain the release of Shane and Josh. A mission she now shares with her family including Alex Fattal, Josh's brother he now considers Sarah a sister.

ALEX FATTAL, BROTHER OF JOSH FATTAL: It's bittersweet, it's great to see Sarah, it is great to hold her hand and feel a little more connected to Josh. But I really want to give Josh a hug get out on the basketball court with him. Get Shane home too. All three families this has gone on for way too long.

SNOW: Mary Snow, CNN, New York.

(END VIDEO CLIP)

WHITFIELD: It's alleged there was use of church money to coerce young men into relationships. The latest on that investigation, yet another lawsuit has been filed. We'll take a closer look.

(COMMERCIAL BREAK)

WHITFIELD: It just doesn't end. There are lots of twists and turns as it pertains to these new developments today in the case of Bishop Eddie Long. We've been telling you about yet another lawsuit being filed against the Atlanta pastor bringing the number to four now. Just a short time ago Bishop Long says that he will now hold a press conference tomorrow. CNN's Martin Savidge joins us now. Martin we know there was great expectation about him returning to the pulpit tomorrow. But now is that in addition to the press conference? Or is it one instead of the other? What is going on here?

MARTIN SAVIDGE, CNN CORRESPONDENT: It appears to be one instead of the other. In fact the news that we are getting -- CNN is the cool camera for tomorrow's events. We thought it was going to be a remarkable day for openness and transparency. That does not appear to be the case now. Because what we're being told by our producers who have been out there sight surveying preparing for tomorrow's event. They've been talking to the leadership of the congregation.

The new birth people are now saying that what will happen -- there were two services, one was suppose to be at 8:00 the other at 11:00, those will go forward. Cameras were supposed to be allowed in for both the 8:00 and the 11:00 plus there was going to be a feed at the church itself would put out for the public to see. Now we're being told that the feed and our camera will cease the moment after Bishop Long enters the church and greets the congregation in the 8:00 service. We will not see, we will not be able to report to you and show you what statement he makes to the congregation after that point. There will be no access whatsoever to the part of the media to the 11:00 a.m. Now journalists will be allowed to see what Bishop Long says, we apparently will be in a separate room, but cannot record any of it to show you or transmit to you later. There will be the news conference; Bishop Long will be there as well as his wife, what will be asked is plenty of questions. But what we will se is now seeming limited.

WHITFIELD: And so now that that limitation, and that early 8:00 a.m. hour our pool camera can shoot the congregation who's there, can see the bishop come in. But at that point the cameras have to stop rolling?

SAVIDGE: The moment of explanation is this part. Now, we have not been given a clear explanation why this is. It appears that Bishop Long, whatever he wants to say, he feels he wants to keep it to the congregation. But as we already know, this story has swept across the nation, and there are many other churches that have become involved with this.

I want to point out that yesterday I talked to William Jasper; he is the leader of the church community down here in Atlanta. He was speaking on the part of many pastors as to how they would like to approach this. And of course they want to approach the entire scandal with prayer. Here's what he had to say.

(BEGIN VIDEO CLIP)

REV. JASPER W. WILLIAMS JR, SALEM BAPTIST BIBLE CHURCH: We're asking in our prayers that god would give us directions as it relates to the church and what the church should do, and how it is that we should respond to all that is going on this week.

(END VIDEO CLIP)

SAVIDGE: Talking to Reverend Williams, what you find out is that this scandal, we are talking about the New Birth Church, is impacting congregations all across the country. Because, of course --

WHITFIELD: Whether they're a mega church or a small church.

SAVIDGE: This raises the same issue.

WHITFIELD: Trust.

SAVIDGE: Exactly. And that's why if the congregation believes it is strictly limited to New Birth, it's not.

WHITFIELD: Wow, this is fascinating stuff, and it seems to change by the minute. We know that you're on it all day long. Because who knows the next time we talk, whether it be an hour from now or two it might change again. But thanks for that update on what may or may not happen involving New Birth Church and Bishop Long. Thanks so much, Marty.

SAVIDGE: You're welcome. WHITFIELD: Well, what did he know? And what did he do about it? We preview a special CNN Investigation into the pope's handling of the church sexual abuse crisis.

(COMMERCIAL BREAK)

WHITFIELD: All right. Straight ahead Josh Levs has a special edition of "Viral Videos." We look forward to it all the time. What do you got going on?

JOSH LEVS, CNN CORRESPONDENT: It's our dessert.

WHITFIELD: Yes.

LEVS: This week is really cool. First of all take a look at this. This is a recording of John Lennon that you've probably never heard.

(BEGIN VIDEO CLIP)

JOHN LENNON: I'm anti-war.

(END VIDEO CLIP)

LEVS: Decades after sneaking into this hotel room and getting the interview, a man turned his interview with John Lennon on to a hit on youtube. This is one of the videos on the short list from youtube and the Guggenheim that might be named one of the most creative and innovative videos ever.

Also on the list we got a clever public prank that you'll see. And a mystery musician unmasked. All those coming later.

WHITFIELD: All right. Very intriguing stuff we look forward to that and you after this.

(COMMERCIAL BREAK)

WHITFIELD: Checking the hours top stories. Los Angeles police are investigating a shooting at a house party which left one person dead. At least a dozen people were shot. The condition of the other victims is unknown. Police aren't sure if the gunman is still at large. We'll bring you more details on this story as we get them.

New Jersey police are investigating a shooting at an off campus party near Seton Hall University. Five people were wounded, one is in grave condition. Police say the alleged gunman tried to crash the party but was denied entry and returned with a gun. He is still on the loose.

And former Massachusetts Governor Mitt Romney appears to be laying the groundwork for yet another presidential bid. Addressing New Hampshire's GOP Convention today, he bashed President Obama about the economy. Romney added that the country's dissatisfaction with the president would be evident in the midterm elections.

I know that tease made you stick around for Josh's "Viral Videos." People want to see more about John Lennon and all the other interesting musical mysteries on hand.

LEVS: This is really cool. I didn't know about this until a few days ago. You don't usually hear youtube and the Guggenheim discussed in the same sentence. But some of these videos are really modern art.

WHITFIELD: Yes they are. We're seeing some fascinating displays of creativity.

LEVS: That's right and that why Guggenheim hooked up with youtube to create this. We have a video about it; it is called "Youtube play." And what they are doing is they're on this search for what they will declare to be the most creative, most innovative videos on the planet. And they got more than 23,000 submissions from 91countries for this. And what happened was, this team pieced through all of them. Looked at all of them, and chose the short list, which is 125 videos.

This is a compilation that shows you a couple clips. You can look at all of them; they're now showing on Guggenheim kiosks all over the world. They have this jury made up of artists, graphic designers, and curators and filmmakers who are going to help decide the top 20 most creative videos in the world, and they'll be announced -- I think Guggenheim New York on the 21st.

WHITFIELD: Wow. That's fantastic. It's fascinating looking at these clips.

LEVS: I know it's like mesmerizing. We have a few to show you, just to highlight here, one is from a group that we have actually talked about on this show before. Improv Everywhere. They do these public kinds of prank tape things. This one is called human mirror, they dress these people up to look like identical twins, and they go on the subway and they see if people notice. It's like there's a mirror. They sit across from each other, and they do exactly the same thing. People are like what? What's going on here?

You're looking at an actual shot, like you're on either side. And people start to notice after a while.

WHITFIELD: They do so many things on the subways, that I think a lot of people are hip to it. That's why folks are like, it's New York, they're like, yes, whatever.

LEVS: It's always on the subway.

WHITFIELD: People are very nonchalant. They're not surprised.

LEVS: Come down to Atlanta, yes. That would be more interesting. Here's one you've never seen. This is called cardboard. This one -- you've seen cardboard, but not this. This is from an animator in the Netherlands, based on characters he's made. It's stop motion and created.

WHITFIELD: How long did it take to do this then?

LEVS: 1200 individual shots and these creatures look like they're going to attack. And they start walking through the town. Stop motion for anyone out there that doesn't know means they had to set up every single frame to take this picture.

WHITFIELD: That's a lot of time on your hands.

LEVS: Now, the one that teased before the break. This guy back in 1969 sneaks into John Lennon's hotel room gets an interview with him. Which would never happen today, don't try it. But in '69 they were in a place where they were cool with that. He ended up recording the interview. Now it's been animated. This won an Emmy last year. Let's watch a little peace of this.

(BEGIN VIDEO CLIP)

(UNIDENTIFIED MALE): I'm anti-war, so they try to keep me out.

(END VIDEO CLIP)

LEVS: Basically, this guy was 14 years old when he taped this on a reel to reel recorder. Now he's working with animators and they are animating the kinds of things that John Lennon was talking about. In 1969 a lot of society was talking about the war. Last year they got an Emmy for this. This was a new category, giving a daytime Emmy to a youtube video.

WHITFIELD: Wow. So maybe now that explains why John Lennon said, you snuck into my room, I'll talk with you. He was 14. Maybe when he saw that he was a kid, that it just seemed nonthreatening, I'm not going to call security; I'm going to find out what this curious kid is up to.

LEVS: Apparently he was a trusting guy too. It was an amazing experience for this guy to this day, to have this recording that no one knows about.

Before we go, this is a guy on the short list and I wanted to show him to you anyway, was just waiting for the right week. Mystery guitar guy, take a look at this guy. He's super famous on youtube. He was trying to play a piece and he couldn't. So he shot video of himself playing every note and he edited the piece together. All these individual frames with the accompanying music. It takes time to piece together the entire piece. He does duets and trios of himself. He's had more than 100 million views on his youtube channel.

WHITFIELD: That is talent.

LEVS: He's one of the top ten most described.

WHITFIELD: How long do you think that took?

LEVS: Days. But it works.

WHITFIELD: Yes.

LEVS: In this era, to become this big on youtube.

WHITFIELD: That's extraordinary. You too can be a star on youtube. LEVS: And in my -- I was going to say -- she didn't say wrap yet. As always I'll post it on my facebook page, facebook.com/joshlevscnn, because that way you can check them out for yourself. See what you think. We'll be back tomorrow with more of the highlights from youtube.com/levs.

WHITFIELD: Oh good. Can we talk about the daddy blogging tomorrow too?

LEVS: Yes, I interviewed a group of daddy bloggers. More and more dads turn to the internet for advice.

WHITFIELD: And sharing and helping each other. I like that.

Josh thanks. We have lots coming from you tomorrow. Thanks so much. More of IN THE NEWSROOM after this.

(COMMERCIAL BREAK)

WHITFIELD: Pope Benedict is the first pope to meet with and to apologize to victims of sexual abuse by Catholic priests. Years ago, when he was Cardinal Joseph Ratzinger, he oversaw some of the more notorious abuse cases. In a CNN "Special Investigation," Gary Tuchman looks at what the pope knew.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN CORRESPONDENT (on camera): In 1989, Bishop Daniel Ryan drove about 45 minutes north of his diocese office in Springfield, Illinois, to the town of Lincoln. He came here to Lincoln to visit one of his priests. A priest who was living here, in a prison.

(voice-over): In 1985, Father Alvin Campbell pleaded guilty to multiple charges of sexual assault on boys as young as 11 years old. He was sentenced to 14 years in prison. Matt McCormick was one of the children Campbell abused.

MATT MCCORMICK, SEXUAL ABUSE VICTIM: I don't come by the school, and I don't come by the church.

TUCHMAN (voice-over): Starting in seventh grade, Campbell molested McCormick in the church's school, the rectory, and even here.

TUCHMAN (on camera): This is the confessional you were in?

MCCORMICK: This is the confession. And he would sit there.

TUCHMAN (voice-over): Campbell was sent to prison, but he was still a priest. That's why Bishop Ryan had come to visit him, to try to convince him to voluntarily leave the priesthood. Campbell refused.

So Ryan turned to Rome for help. He sent copies of Campbell's indictments, spelling out in graphic detail what Campbell had done to his victims, and asked Joseph Ratzinger to defrock Campbell. Ratzinger's answer? "No." "The petition in question cannot be admitted, in as much as it lacks the request of Father Campbell himself, which is called for by the current norms."

(on camera): Incredibly, what Cardinal Ratzinger was saying was that he could not agree to defrock a priest, even a convicted child molester, without that priest's permission.

TUCHMAN (voice-over): Monsignor Charles Scicluna, the Vatican's prosecutor, worked with the pope for years on sex abuse cases. When he sat down with me at the Vatican, it was his first ever television interview on the pope's record.

TUCHMAN (on camera): Monseigneur, do you see, though, how it sounds so ridiculous under our canon law, unless he requests it, we can't defrock him?

CHARLES SCICLUNA, MONSEIGNEUR, CONGRETATION FOR THE DOCTRINE OF THE FAITH: It would sound ridiculous if you forget the next paragraph that says there is a way of reducing him to the lay state, and it is by church trial.

TUCHMAN (voice-over): Ratzinger's letter does say the bishop can avoid responsibility for keeping Campbell by putting him through a church trial. But again, that would take years, and Campbell had already been convicted in a criminal trial. Scicluna admits the process needed changing.

SCICLUNA: I think that these cases certainly taught Cardinal Ratzinger, his collaborators, that something needed to be done. And something has been done. Today, canon law has a different scenario. This thing would not happen under today's canon law. And that is also the merit of Cardinal Ratzinger, who is Pope Benedict XVI, today.

TUCHMAN (voice-over): Campbell would finally be defrocked three years later, after he eventually agreed to request it himself.

After bouts with depression, alcohol, and drugs, McCormick today is happily married with a daughter.

BETH MCCORMICK, WIFE OF MATT MCCORMICK: Wanna give Mama a kiss.

TUCHMAN (voice-over): And a wife who gave up on the church.

BETH MCCORMICK: We both converted to Lutheranism because of this. I don't -- I personally, I don't have faith in the Catholic Church whatsoever. At all.

(END VIDEOTAPE)

WHITFIELD: That was Gary Tuchman reporting, catch the entire documentary tonight and also tomorrow night, it will air at 8:00 Eastern, right here on CNN.

All right, brand name or generic? What happens when is your drug of choice is no longer available to you as prescribed by your doctor. We get a doctor's advice.

(COMMERCIAL BREAK)

WHITFIELD: A look at our top stories right now, the government is citing state secrets as it tries to dismiss a lawsuit by the father of accused terrorist Anwar al-Awlaki. The CIA says al-Awlaki has ties to al Qaeda and is hiding in Yemen. Awlaki's father is suing to keep the U.S. from targeting him for assignation. The feds say the lawsuit would require the U.S. to reveal classified information.

And a short but severe storm tore through Port-au-Prince, Haiti, still recovering from January's earthquake. Residents had no warning the storm was coming and five people died. An aide camp operated by actor Sean Penn was damaged and a medical tent and a tent for staff, also destroyed.

It's the first of a kind, the DEA is holding the first ever national prescription drug take back day. At 3,400 sites from coast to coast, old unused prescription drugs can be dropped off, no questions asked. The DEA says many people who abuse prescription drugs get them from the medicine cabinets of family and friends.

The popular diabetes drug, Avandia, is back under the microscope and for many patients no longer available. The FDA is restricting who can take it because of concerns of heart problems.

Doctor Kai Nishi is with us from Los Angeles.

Dr. Kai Nishi, good to see you.

DR KAI NISHI, KHALILI CNT FOR BARIATRIC CARE: Thank you. Good to be here.

WHITFIELD: So, if you had been prescribed Avandia for a period of time before this latest change, will you still be able to stay on Avandia? Or what kind of restrictions are in place now?

NISHI: Well, there are a couple prerestrictions placed on Avandia bit FDA. If a patient is currently taking Avandia for the time being, but it is recommended that that patient seek the advice of their physician to look for another alternative such as Actos, which in the same drug family as Avandia.

WHITFIELD: OK, and then you know, Avandia apparently is not the only thing in question right now. Avastin, which is one usually used for cancer patients. What options do they have, now? Are the same kinds of restrictions being imposed on Avastin?

NISHI: It's a little bit of a different story with Avastin. Avastin has not been shown to be dangerous to patients or to increase any risk of severe illness. With Avastin what they found in recent studies was that there does not seem to be as much of a benefit as was once thought. And so Avastin has had preliminary approval by the FDA, but the FDA is now taking a step back and deciding whether or not to give them full approval for use with breast cancer or actually pull it completely from the market. And so, it's a little unclear as to what will happen with Avastin.

WHITFIELD: OK, so now it brings into question for a lot of patients, you know, who are hearing from their doctors, you need to take this specific drug for this particular ailment. Then you take that prescription to your pharmacist and either giving an option of brand name or generic, or sometimes it's just dispensed to you. What kind of power do you have as a patient to say, I want exactly what my doctor has a given me, because there is a likelyhood even that generic may not have the same strengths or benefits as that brand name, right?

NISHI: Right. There are a couple things a patient can do. First of all, generics are generally equivalent to brand names, but in some cases in are differences. And so, if a patient insists on having a brand name drug, what they would really have to do is convey that to their physician, and the physician would then have to lobby on the patient's behalf to the insurance company, typically by writing a letter, recommending that the drug not be replaced with a generic, and I've done that for my patients, as well.

WHITFIELD: So, often times that's pretty effective. That means there's got to be some direct dialogue between doctor and your insurance carrier?

NISHI: Absolutely.

WHITFIELD: OK. And is there, I guess any leverage when you call your insurance company, as well, and say, you know, I really want what my doctor is prescribing for me, I really don't want the generic or I don't want to take the recommendation of the pharmacist or from your office, I want to hear from my doctor on this?

NISHI: Right, I think it helps tremendously when a physician advocates on the patient's behalf. When a patient goes to a pharmacy and requests a brand name medication, they don't really have that much leverage. Oftentimes I just have to call the pharmacy and explain that this patient absolutely needs to have the brand name version and that may be adequate. If that is not adequate, then it may require a phone call or a letter from myself to the insurance company. And that is usually effective in allowing the patient to receive the brand name drug over the generic.

WHITFIELD: And sometimes what's standing in the way of getting that brand name is the cost. Perhaps it's a lot more affordable to take a generic or what the pharmacist might be able to recommend, so what do you do as a patient to try to get, I guess, that designer drug at an affordable price? What are your options.

NISHI: Well, there are a couple options. Namely price, as you mentioned is the difference between a generic and a brand name drug. So, there are a few things that a patient can do. The first thing, actually, would be to look for or request a generic form of the medication that has been prescribed to you, because that is often significantly less expensive than the brand name. The second thing that patients can do is to look for an over the counter alternative to the drug that they've been prescribed. And an example of that would be Prilosec. And a second example would be Claritin. There are two drugs that are over the counter, but there are also prescription versions of these medications, as well.

The third option would be for the patient to look to online pharmacies to purchase their prescription medications. And that can also be of a significant cost savings. You do you have to be careful, though. You want to make sure that you're getting the correct medication. You want to make sure that the online pharmacy is accredited and certified. And that can be done by looking online. There are Web sites that will help to determine if an online pharmacy is accredited.

And the last would be whether or not you need the medication immediately. If it's something you need very quickly, you may not want to order it online, because it can take a few days to even a few weeks to receive. So, you just have you to keep that in mind.

WHITFIELD: Dr. Kai Nishi, thanks so much for joining us from Los Angeles. Appreciate the tips. Great advice.

NISHI: Thank you very much for having me. Bye-bye.

WHITFIELD: All right, the top 10 "CNN Heroes" have now been chosen. Meet a remarkable woman who reinvented herself and now works tirelessly to help other women change their lives.

(COMMERCIAL BREAK)

WHITFIELD: OK, all year we've been introducing you to remarkable every day people who are changing the world. This week we announced our top 10 "CNN Heroes" of 2010. One of whom will become the "CNN Hero" of the year. Actress Ricki Lake introduces us to one of those nominees, Susan Burton who overcame a troubled past to help more than 400 female ex-cons get back on their feet.

(BEGIN VIDEOTAPE)

RICKI LAKE, ACTRESS: Hi. I'm, I'm Ricki Lake.

For the last two years, I have had the honor of helping to recognize the great works of everyday people changing the world at "CNN Heroes: An All-Star Tribute." As a supporter of the 2008 "Top 10 CNN Hero" Marie DeSilva (ph) and the Jack Randa (ph) Foundation, I am committed to building schools, providing education, and preventing AIDS in Malawi, and I'm thrilled to help CNN introduce one of this year's top 10 honorees.

Now more than ever, the world needs heroes.

SUSAN BURTON, CNN HERO: We all leave prison saying, I'm going to get my life on track, and you end up getting off a bus, downtown Los Angeles, Skid Row. Many times you don't even make it out of the Skid Row area before you're caught up into that cycle again.

My name is Susan Burton. After my son died, I used drugs. I went to prison six times. Finally, I found rehab and I thought, I can help women come home from prison.

I pick them up, bring them back to the house. Do some jeans.

UNIDENTIFIED FEMALE: She offers you a warm bed, like a real family. She made me want to change my life.

You're family, Ms. Burton.

BURTON: Sure. You came a long way.

UNIDENTIFIED FEMALE: This is giving life.

BURTON: That's what it's all about.

(END VIDEOTAPE)

WHITFIELD: And you can vote online for the "CNN Hero" who inspires you the most. All 10 will be featured in the coming weeks on CNN, and will be honored on Thanksgiving night, during "CNN Heroes: An All-Star Tribute," hosted by Anderson Cooper. But only one person will be named the "CNN Hero of the Year," and your vote counts.

Coming up next, after torrential downpours, parts of the Midwest are under water, but there may be hope in the forecast.

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WHITFIELD: Strong storms and heavy rains cause serious flooding in western and central Wisconsin over the last couple of days. Check out this video in Wausau. Wisconsin's governor issued a state of emergency. The storms caused flooding, downed power lines and washed out bridges and roads, very nasty stuff. Our Bonnie Schneider is in the Severe Weather Center.

We've seen a lot of just very severe, extreme weather this year. It really has been a memorable year.

BONNIE SCHNEIDER, CNN METEOROLOGIST: That's right. The warmest summer and you know we've definitely seen a lot of extreme weather, flooding sometimes as a result when you have a powerful cold front that slowly works its way through, it can dump a lot of heavy rain and that's what we saw across parts of the Midwest.

(WEATHER REPORT)

WHITFIELD: All right, sounds good. Thanks so much, Bonnie.

"Don't Ask, Don't Tell," the military's controversial policy banning gays from serving openly in the military is being challenged on several fronts.

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(BEGIN VIDEO CLIP)

MAJ MARGARET WITT, U.S. AIR FORCE: All I've ever wanted to do is go back into my unit and do my job. So, just for that chance, I'm really excited.

(END VIDEO CLIP)

WHITFIELD: That's Major Margaret Witt saying that she is thrilled to be back into the Air Force as she was discharged under the military's "Don't Ask, Don't Tell" policy, banning gays and lesbians from serving openly in the armed forces. Well, yesterday, a federal judge ordered she be reinstated. The judge said the military's "Don't Ask, Don't Tell" policy violates the major's constitutional rights.

An attempt to repeal "Don't Ask, Don't Tell" failed in the U.S. Senate this week. CNN photojournalist, Ken Tuoy has the story of an Air Force master sergeant who retired after hiding his sexual orientation for 21 years.

(BEGIN VIDEOTAPE)

DANIEL ZABOROWSKI, U.S. AIR FORCE (RET.): I joined the Air Force in '85. I was in the Air Force for 21 years and retired in 206. What was different about me being in the Air Force was being gay and having a partner.

MARK BIRD, PARTNER: You see it's kind running there, you got to make sure you don't get too much on your brush.

ZABOROWSKI: Oh, OK.

BIRD: My name is Mark Bird. I'm originally from Ellisville, Mississippi. We've been together 19 years. Every time Dan's had orders for a permanent change of station, PCS, I've gone with him. And I was happy to do so because, you know, I love him and that's what a spouse or a partner would do.

When Dan had functions of work, I would not attend.

ZABOROWSKI: You know, if it was a gathering of friends, that would be easier to go to than Air Force function. Usually Air Force functions, I would leave him at home.

BIRD: If we were to slip up and someone found out we were guy, you know, that could have cost Dan his career.

ZABOROWSKI: I retired from the Air Force four years ago. Mark was there.

BIRD: Before the ceremony, we went into a room and sat down with his colonel.

ZABOROWSKI: I had asked my colonel if I could recognize him on my certificate the way they recognize other spouses.

BIRD: And you could see the colonel got very uncomfortable. He's like, oh, we can't do that.

ZABOROWSKI: So I wasn't able to give mark a certificate, but during my speech I was able to present mark with a shadow box that represented the years we were together while I was in the Air Force, and I recognized him as my best friend who had been behind me most of the time.

If the "Don't Ask, Don't Tell" bill had passed, the 21 years that I served will not have been in vain. Something good will have come out of the fact that, you know, maybe I had to conceal who I was, but in the future men and women will be able to serve openly and not conceal who they are. It would have been really great to have had seen this pass.

(END VIDEOTAPE)