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Maryland Gubernatorial Race; GPS Tracking Unit; Chris Gardner; Mexican Immigrant Hate Crime Conviction; Texas City Leader Appeals to Bullied Gay Teens Not to Choose Suicide

Aired October 16, 2010 - 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: All right. You're in the CNN NEWSROOM, I'm Fredricka Whitfield. We're just 17 days away from mid- term elections and this weekend a big push to help boost the enthusiasm of voters.

President Barack Obama is back on the campaign trail, this time in Boston trying to ensure Massachusetts governor, Duvall Patrick, gets reelected. And more than 3,000 miles away in California, former Alaska governor Sarah Palin and Republican Party chairman, Michael Steels team up at an RNC rally.

Our Jessica Yellin is there and in Maryland, a contentious governor's race. Why the struggle for balance of power is not reserved for Congressional races. Brianna Keilar is part of the "Best Political Team on Television" she's in Oxon hill, Maryland.

So Brianna, let's speaking wit you. Maryland, is it a microcosm of the power and the importance of gubernatorial races this election season?

BRIANNA KEILAR, CNN NEWS CORRESPONDENT: Yeah, and because one of the tightest races, here in Maryland, is for the governor. Martin O'Malley is a Democrat. He ousted the person he's opposing again this year, former governor Bob Ehrlich and they are in a pretty close race. I'm sure that we're hoping to talk to Governor O'Malley when he comes by this canvassing area that we're at right now. And I'm sure that he would say, I mean, maybe he wouldn't admit that certainly this is a closer race than he thought it was going to be.

And it really shed some light on, especially when we got obsessed with talking about Congress and how the balance of power could shift this election season in Congress, where you also have you to look at governors, as well.

Right now the breakdown, 24 Republican governors, 26 Democratic governors and experts are expecting that Republicans are going to pick up some of those seats. Why does this matter?

Well, one of the most tangible reasons has to do with Congressional redistricting which can really, obviously, then affect what happens in Congress. That is something that lies at the state level. And also these changes if voters decide to switch parties with the governor, bring a new governor in from a different party, it tends to last longer, not swing as much and so that's something where it's just kind of a more pervasive change or more long lasting change -- Fred.

WHITFIELD: And so Brianna, people will be gathering there in Oxon Hill, then what? What do they plan to do to secure votes?

KEILAR: Right now, this is the Get Out of the Vote area. We were here earlier, there are a lot of union members. They are the ones who are going out and they're going to the neighborhoods around this area. It's a Democratic stronghold. They're obviously campaigning for all Democratic candidates here, but really primarily for governor O'Malley since he's the one who certainly needs their support more than some of these other candidates.

So, chances are in this area, this is Prince George's County, right outside of Washington, D.C., if they knock on a door, it's probably going to be a Democrat who answers it and it's really just about bridging that enthusiasm gap that we've talked so much about. That maybe there are a lot of people who came out in 2008 who voted for President Obama and for Democrats and maybe they just aren't feeling that enthusiasm.

That's where these folks come in and they go out to knock on doors and they even tell people, hey, early voting starts October 22 and tell them where to vote and they tell them if you need a ride, we'll give you a ride. They're doing the hard sell, Fred.

WHITFIELD: All right, very good, Brianna Keilar, thanks so much. We'll check back with you throughout the day as more people try to galvanize that vote.

All right, of course you still want more on politics. The "Best Political Team on Television" is at your fingertips when you download the election center ap on your iPhone. It's free, by the way. Put in your zip code and it will tell you all about the local races, as well. To download the ap, just go to CNN.com/mobile/electioncenter.

And one more political note, people are still talking about this week's Delaware Senate debate. Republican Christine O'Donnell against Democrat Chris Coons moderated by CNN's Wolf Blitzer. If you missed it the first time you can catch it again today. We'll run the debate in its entirety, 4:00 p.m. Eastern Time.

All right, let's move on down to Chile, now -- 31 are out of the hospital. The other two rescued Chilean miners hope to be released soon. They are all, by the way, being treated like rock stars, mobbed by well wishers as they make their way home. Some say they look forward to quiet family time, others are talking about what happened during those 69 days trapped a half a mile underground.

(BEGIN VIDEO CLIP)

LUIS URZUA, RESCUED MINER (through translator): There was only one key, speak the truth, even if the truth hurts. Democracy, too, was important. We took a vote on everything, as long as we had 17 plus one, well that was the majority.

(END VIDEO CLIP) WHITFIELD: Urzua was the shift manager and the one credited with organizing the men. He said when the first drill broke through the ceiling of their shelter they all wanted to hug it. Instead they attached the now famous note letting the world know that they were all still alive.

On to Pakistan, now, two suspected U.S. drone strikes are credited with killing 13 suspected militants. Pakistani intelligence officials say the drones targeted two alleged militant hideouts Friday in North Waziristan; the tribal area borders Afghanistan and is notorious for insurgents. The Pentagon is not commenting on the drone attacks.

And back in this country, support for the war in Afghanistan has never been lower. A new CNN poll shows that little more than a third of Americans support the war, half of those polls think it's turning into another Vietnam and even fewer believe the U.S. is actually winning the war in Afghanistan.

Outrage in California after a man found a GPS tracking unit that was secretly placed on his car. He says he was also questioned by the FBI about his travels and he shares his story now with our Brian Todd.

(BEGIN VIDEOTAPE)

BRIAN TODD, CNN NEWS CORRESPONDENT (voice-over): Some of them aren't much bigger than a soda can. In some states, law enforcement can stick a GPS in your car while it's on your driveway and track almost every move you make.

In Yasir Afifi's case, it's not clear where his car was when he says FBI agents recently placed a GPS on it. Afifi, a 20 year old computer salesman in Santa Clara, California removed the device when he found it. It wasn't long before he says FBI agents approached him asking pointed questions.

YASIR AFIIFI, GPS PLACED ON CAR: Have you ever been to Yemen for any type of training. No.

TODD: The agents asked for their GPS back. Afifi has been not accused of wrongdoing. Contacted by CNN, the FBI wouldn't comment on the case. But a spokesman told us they don't need a warrant to track a vehicle with GPS when it's in a public space. How watchful an eye can this device keep on you?

(on camera): Where's the best place of that.

MIKE O'CONNELL, O'CONNELL & ASSOCIATES, INC: On basically, the frame of the car or the truck, as we're dealing with.

TODD (voice-over): I recently tested a GPS tracker on our CNN vehicle with veteran private investigator, Mike O'Connell. He's been using them for years mostly to track spouses suspected of infidelity. His GPS may not even have the same capabilities as those used by law enforcement.

(voice-over): Now, Mike is going to show me just how sophisticated this device is. He's going to track me from his office, right up there, as I get in the car and drive away. And I've got Mike on the phone, here.

(voice-over): He follows me at every turn while I question him on speakerphone.

(on camera): How far can you track me on this thing, Mike?

O'CONNELL: I can track you throughout the country on this device. Also, if you were to get on some sort of a boat or yacht and went to an island, it would continue tracking you.

TODD (voice-over): And for how long can you track someone on this device?

O'CONNELL: This device has a life battery for about two weeks until I have to recharge it.

TODD: One person previously charged by federal agents in a drug case, objected to the GPS, saying it was an invasion of privacy and reasonable search because they didn't use a warrant when they stuck the device on his car in his driveway. Marc Rotenberg of the Electronic Privacy Information Center agrees.

MARC ROTENBERG, ELECTRONIC PRIVACY INFO CENTER: I think the law is actually pretty clear on that. If it's your driveway, it's your private property.

TODD: But in that court case, the judge said they do not necessarily have a reasonable assumption of privacy in the driveway.

Former Justice Department official, David Rivkin says placing a GPS on your car in your driveway is no different than tailing you with a helicopter or chase car.

DAVID RIVKIN, FMR JUSTICE DEPT ATTY: Any kind of surveillance that involves you being in public and the people who are following you are being in public, of course does not require warrants.

TODD: Marc Rotenberg says this ruling is at odds with cases in other regions, including Massachusetts, New York, and Washington, D.C. where courts did require officers to get warrants to stick GPS on cars. He hopes this will get appealed to the Supreme Court.

Brian Todd, CNN, Washington.

(END VIDEOTAPE)

WHITFIELD: All right, from rags to riches, hear with a man who inspired a hit movie says about the pursuit of happiness and overcoming obstacles.

(BEGIN VIDEO CLIP)

CHRIS GARDNER, ENTREPRENEUR/PHILANTHROPIST: One of the things that I had to ask myself, looking into that mirror in that bathroom every day, how did I get here.

WHITFIELD: What was the answer you came up with.

GARDNER: I drove here.

(END VIDEO CLIP)

WHITFIELD: He says that should be everyone's reapply. It's my face- to-face with Chris Gardner, after this.

(COMMERCIAL BREAK)

WHITFIELD: So, this is a common experience these days, you're out of work or you're worried that you soon might be. What about the bills, your future, your family? Well, millionaire, entrepreneur and author Chris Gardner has been there. He shared his struggles in his book and the movie, "The Pursuit of Happiness." And his latest book and mantra, "Start Where You Are." Recently he sat down face-to-face with me and shared his philosophies about overcoming obstacles.

(BEGIN VIDEOTAPE)

WHITFIELD: Well, you are on a role. You couldn't stop with "Pursuit of Happiness."

GARDNER: No.

WHITFIELD: No, it's "Start Where You Are." But then there's more. You are helping people on this journey of getting your finances together by really crisscrossing the country. What's the focus?

GARDNER: I think this is just a fabulous time for a lot of us to be learning a lot more about all the tools in the financial toolbox and being comfortable using the tools that are going to work for us. I think that this is just going to be, could be, a very, very special time in all of our lives if we ask ourselves some very big questions.

WHITFIELD: Questions like...

GARDNER: How did I get here? When I was where I was, at my lowest, living in a public transit bathroom station with a baby tied on my back, major difference between reality and the film. In the film Jada Smith plays my son as a 5-year-old, in reality my son was 14-month- old. That changes everything. Now, one of the things that I had to ask myself looking into that mirror in that bathroom every day, "how did I get here?"

WHITFIELD: What was the answer you came up with?

GARDNER: I drove here. I had something to do...

WHITFIELD: Nobody responsible but you.

GARDNER: I had something to do with the circumstances and conditions that were now my life. But there's also, Fredricka, something very, very empowering about that, because when you can say, "I drove here," the other side is I can drive out of here.

The one person that you can count on is you. I see signs of hope all around this country, but I see it in the form of friends, families, and folks, not the feds. I see it in people actually beginning to care and demonstrate that they care about each other. I see that.

WHITFIELD: So, when someone says, you know, I've lost my home in foreclosure, I shouldn't count on the banking industry, I shouldn't count on the feds to have a rescue plan for me, what do I need to do?

GARDNER: One thing a lot of folks don't want to accept and a lot of people have a great deal of difficulty admitting this, well, I had something to do with this, too. When I made the commitment to buy this property, I kind of knew it was a stretch.

WHITFIELD: But gosh, don't you see how people are tempted with I can have that now, I can have my dream right home now, as opposed to it being a pipedream or 20 years down the line. And so here's this opportunity, I've got to take it.

GARDNER: What do you think they're saying now, Fredricka?

WHITFIELD: A lot are saying, "I can't pay those bills, now."

GARDNER: I shouldn't have done it.

WHITFIELD: I've got to lose it.

GARDNER: A lot of them are saying, "I shouldn't have done it" and some of them have got to say, before you can begin to progress, you've got to say, "how did I get here?" "I had something to do with it." You know, that's very hard. There will be people that watch this program and say, "man, I don't want to hear that. Wasn't my fault." "The economy collapsed." "Wasn't my fault." "My dog died." "I was kidnapped by aliens." "Wasn't my fault." Well, you know what, it may not have been your fault, but it's certainly your responsibility.

WHITFIELD: How do you convince people that once you recognize that I'm part of the problem, I got myself here, what's my first step to get out, now that I have admitted I'm part of the problem.

GARDNER: One of things, I think, a lot of us could do right now is to say, "OK, what do I really want to do with the rest of my life?" "What's really important to me?" And for those folks that have been ultimately challenged with the loss of a job is to say, you know what, wait a minute, I lost my job, but I have not lost my skills, talent or expertise. What I need to do now is create an opportunity to transfer the skills, talent and expertise to.

Forget about finding a job. Those are two different exercises. A lot of folks are saying, you know what, "maybe this is the time for me to start my own business. I want to work for myself." Are there some risks associated with that, with being an entrepreneur? Yes, that's true. But there are also risks with sitting in your office, and one day somebody walks down the hall and gives you a pink slip.

WHITFIELD: So, you're going to have to go out on a limb. Make a decision, what am I passionate about. What do I believe in?

GARDNER: The first person you have to pitch and convince is you. Making a plan is what you're referring to, something I talk about in the new book, "Start Where You Are" is the C-5 Complex, it's like a daily supplement, making a plan.

A lot of folks want to say, "Well, I've got hope." Well, that's good. What's the nutritional value of hope? OK, how would you like to be another American having to go home and tell your children we're going to have hope for dinner. You've got to have a plan and your plan has got to be clear, concise, compelling. You got to be consistent and committed every day to doing something that you're truly passionate about. And I think at some point this is going to turn out to be some of the most exciting times in our lives.

(END VIDEOTAPE)

WHITFIELD: Not just motivational speaker, but Chris Gardner will tell you he's a aspiration speaker. My face-to-face interview with Chris Gardner, more all afternoon at 2:00 Eastern Time. Find out why he once left his Christmas tree up until March and made his children wait until then to actually open their presents.

And a months after all that fighting for health care reform, why some of it now might be in jeopardy. Our legal guys, Avery Friedman and Richard Herman. There they are, they're up next.

(COMMERCIAL BREAK)

WHITFIELD: All right, our legal guys are coming up soon. We'll talk about the fight to block President Obama's health care law and the impact of a court ruling this week.

Also a hate crime conviction in Pennsylvania involving the death of an illegal immigrant.

And we'll talk about the Pentagon's don't ask, don't tell policy and whether a judge's ruling against it will stick. Our legal guys will be here in just about a minute, but first a look at our top stories.

An eye popping federal deficit, it's just under $1.3 trillion for the just completed fiscal year, but still better than last fiscal year's record $1.4 trillion.

And going easier on crack cocaine users, under new federal sentencing guidelines it now takes 28 grams of the drug for a mandatory five-year sentence. It used to be five grams for a 10-year sentence. Offenders would have to have 280 grams up from 50.

And sports fans in the New York area are fuming today. News Corp pulled the plug on Cablevision customers effectively blocking out Fox stations to three million households. The dispute is over a programming fee.

I know some people want to make that a legal matter, but not going to be on our docket today with our guys, there with us. We begin with the challenges to the president's health care plan. Avery Friedman is in Cleveland and Richard Herman is Miami.

I tell you Richard, you got some serious frequent flyer miles going on, don't you.

RICHARD HERMAN, CRIMINAL DEFENSE ATTY: On the road again, Fred.

WHITFIELD: All right, well good to see both of you. Let's begin with you then, Richard. In Florida, 20 states can now proceed with a lawsuit challenging parts of health care reform. Twenty attorneys general are onboard. What does this mean, exactly?

HERMAN: Well, what it means, Fred, is this. You know, in the spirit of opposition that we've seen in the Social Security Act, Civil Rights Act and the Voting Rights Act, like you said, defendants -- claimants coming forward all the over the country attacking health care. A federal judge in the northern district of Florida ruled that this group has standing which means procedurally the case can go forward. In December the judge is going to hear argument on whether or not the case can be heard on a trial on two issues: One, whether the government can compel people to purchase insurance and then fine them if they don't. And two, whether or not this type of legislation prompts such an expansion of Medicaid as to require states to financially burden themselves too much.

Those will be the only tuitions for trial, if the judge rules and decides against summary judgment motions that pending in December.

WHITFIELD: Because Avery, those are the parts. They're not challenging all of it, just two in particular parts. What kind of timetable are we talking about?

AVERY FRIEDMAN, CIVIL RIGHTS ATTY: Well, a pretty fast one, Fredericka.

WHITFIELD: Really?

FRIEDMAN: I mean it's a riveting constitutional. Oh, yeah, because what's going to happen is there's a similar case in Virginia and the judge in Florida that Richard just talked about, the judge in Virginia actually has this on fast track to deal with the motions starting Monday and this is December, as Richard said. More importantly, in terms of the time, we're seeing this national hodgepodge of differing decisions, because what the judge did in Florida is the opposite of what a federal district judge did in Michigan. So, what we're seeing is a boiling up in federal courts of whether or not health care is unconstitutional. Ultimately, we're looking for a Supreme Court review of that question.

WHITFIELD: Oh, boy. All right, so the road ahead.

All right, meantime, let's talk about what took place in Scranton, Pennsylvania. And we're talking about a hate crime. Two men found guilty in federal court in connection with the beating death of a Mexican immigrant and among those charges and convictions we're talking about a hate crime. Now, we're also talking about, Richard, they were acquitted on murder in a lower court, but now in the federal court there were convictions. How did this happen? What was the difference, here?

HERMAN: Well, the state brought charges against them and two convictions or achieved by the prosecution, district attorney's office for alcohol-related crimes and simple assault, but the more important murder charges, there were acquittals on those in the states.

The feds said, hmm, that's not enough punishment. So, what they did was they essentially charged them exactly the same way, except they did it under the Fair Housing Act, which I absolutely -- Avery is one of the foremost brilliant minds in the Fair Housing Act in the United States, Fred. But they brought it under that statute and there what they did was they got convictions for hate crimes and bias, based on the claim that the defendants were trying to preclude the victim from living in that area. And based on that limited inquiry, they achieved it. They could be facing life in prison, now.

WHITFIELD: So, that's fascinating, Avery. So, this statute used. Is this unusual or is this, indeed, how hate crime census or investigations are finding convictions by going this route?

FRIEDMAN: Well, it's what Congress intended when this law got passed as a direct consequence of the murder of Dr. King in 1968. And now this law, which is Dr. King's legacy was used not only to go after the individuals who killed Luis Ramirez, but also as far as the Justice Department is concerned going after dirty cops, as they see it, that tried to cover it up. So, the legacy of the Fair Housing Law to end this sort of violence and discrimination came alive in a federal courtroom in Scranton, this week; a very historic and significant victory in making these individuals accountable for the death of that Mexican.

WHITFIELD: And Avery, let me stay with you on "Don't Ask, Don't Tell." Where are we with this in this? Boy, this is getting awfully confusing.

FRIEDMAN: Let me make it real simple, then. A federal district judge says you can't -- what Congress did in passing this law in 1993 was unconstitutional. You can't have "Don't Ask, Don't Tell." The president says, well, I sort of agree with you but it should be Congress' decision so we now have concurrent paths. Congress reexamining, getting rid of the law. Doesn't matter, federal court says it's unconstitutional, can't enforce it. One way or the other, that policy, Fredricka, is gone.

WHITFIELD: OK, can't enforce it, but at the same time, Richard, even the U.S. military is saying to troops be careful about changing your behavior as a result of this decision.

HERMAN: Yeah, that's because we're in wartime, Fred. If we're not in wartime, I don't think that the president would have brought on this emergency injunction, but we are. He wants Congress to deal with it, not the courts. Congress will deal with it. And in the Obama administration by the time it's over, this law will absolutely be off the books. And gays and lesbians will be able to openly participate in the armed forces of the United States. WHITFIELD: All right, fascinating stuff. And of course, we're going to see you again later in the hour. We're going to talk about when is a nose ring just a nose ring, when is it jewelry, when is it perhaps a statement of your religion?

FRIEDMAN: Wild. Wild.

WHITFIELD: It's a wild case, but it is very revealing in terms about this particular religious faith. We're going to delve into that, and her 14-year-old has a right to continue wearing that nose ring and go on to school. Much more right after this.

(COMMERCIAL BREAK)

WHITFIELD: A recent rash of teen suicides is bringing national attention to the potentially deadly consequences of bullying. But a councilman in Texas felt more needed to be done to actually help raise awareness. He opened up about his own painful past in a speech resonating with millions of people.

Joining us now with more on the story, Josh Levs, out of Ft. Worth.

JOSH LEVS, CNN CORRESPONDENT: Unbelievable isn't it?

WHITFIELD: Yes, it is.

LEVS: I mean, here is a man who just the other night just decided to open up at a normal city council meeting. He had no idea it would end up going viral. Which is what happened, really, within the next day.

His name is Joel Burns, he was at this city council meeting, boom. Within a day you had people watching him talk about his struggles growing up as a gay teenager, being bullied. Thinking something was wrong with him. That he thought he was horrible. He had to make sure no one ever learned who he was.

(BEGIN VIDEO CLIP)

JOEL BURNS, FORT WORTH COUNCILMAN: I've never told this story to anyone before tonight, not my family, not my husband, not anyone. But the numerous suicides in recent days have upset me so much and just tore at my heart. Even though there may be political repercussions for telling my story, the story is not for the adults who might choose or not choose to support me.

The story is for the young people who might be hold (UNINTELLIGIBLE) or the rope, or the pill bottle. Give yourself a chance to see just how much better life will get. It will get better. You'll get out of the household that doesn't accept you. You'll get out of that high school. You never have to deal with those jerks again if you don't want to. You will find and you will make new friends who will understand you. And life will get so, so, so much better.

(END VIDEO CLIP)

LEVS: What he said is really speaking to so many people. In fact, Fred, I watched the whole thing a couple of times. I know you have, too. One of the most moving parts, they'll show us now, is when he talks about his father. He says he wishes he could go back and take his own 13-year-old self to his experiences later on, including being with his 67-year-old father in the hospital. Take a look at this.

(BEGIN VIDEO CLIP)

BURNS: The 13-year-old me will see me today holding my dad's weathered hand, seeing my dad as he woke up from his operation, and him squeezing my hand and look up at me and say, "Joel, I'm so glad you're here today." And I say back to my dad, "I am too, Daddy. I am, too."

LEVS: If you have any life experiences and still feel what he's feeling and feel what it is that is making him so moved.

WHITFIELD: He wanted to make an impact, but he had no idea he was going to make an impact on this level. It's extraordinary.

LEVS: In such a short period of time, and it is also, at the same time, also about a politician who is just being so honest and so raw and so real. You have what we have been talking about bullying lately and the horrible suicides, then you also have a man who is in political life, who is taking a risk with his own political life coming out. and talking about this issue wanting to save the lives of young people.

We aired the entire thing yesterday on Ali Velshi's show, here in the NEWSROOM. He spoke with us right after that. Here is a little snippet of what he said.

(BEGIN VIDEO CLIP)

BURNS: Ask them to look around. Ask them to see the kids that are in their classrooms that they may not be friends with, but they see getting picked on, and let that kid know that it's OK. That there is someone who might stand up for them. There's someone they can lean on. There's someone hole have their back. It's important for the parents to give their kids that permission, to remind them they can go to their classmate and say, hey, I know times are hard for you. If you ever need a friend, let me know and I'll be there for you.

(END VIDEO CLIP)

LEVS: Talking productively about what parents can tell all kids, whether they are being bullied or not. You and I have talked about this issue a lot.

WHITFIELD: Yes.

LEVS: Then along comes someone with a new voice on it that reaches people in a unique way. It is really powerful.

WHITFIELD: And his other message there, his underlying message is, how indelible experiences are when you are a child and how it lasts, how it stays with you for a lifetime, whether they be good or bad experiences, and him revealing what happened to him really does resonate and underscore that.

LEVS: Interesting. No matter what it is you're holding onto, moving on, and feeling better later on.

WHITFIELD: That's right. Josh, thanks so much. Appreciate that.

LEVS: Yes, right.

WHITFIELD: We'll be talking with our legal guys one more time. A court rules that gay couples can now adopt in Florida. Our legal guys are here with that story.

(COMMERCIAL BREAK)

WHITFIELD: All right. Our legal guys are back. We always love that, always here at this time for the second time around.

So, same-sex couples in Florida get clearance to adopt children after a court rules the state's ban is unconstitutional. It was the only state, right, gentlemen, that was still banning gays from adopting. So Florida decides it's not going to appeal, Avery. Was there feeling that Florida was going to pursue an appeal of this decision?

AVERY FRIEDMAN, CIVIL RIGHTS LAWYER: Well, you know, the Attorney General Bill McCollum can still do that as a matter of fact. Charlie Crist, who is the governor, has decided, look, I thought the law was stupid in the first place. I'm not going to authorize the appeal. There is some sentiment that there-within some in Florida, that it should be appealed. Bottom line, Fredricka, it is not going to be appealed. That silly law is now gone.

WHITFIELD: Richard, that's where you are in Florida in Miami. Has there been a collective response on this?

RICHARD HERMAN, DEFENSE ATTORNEY: Well, I think that people in the real world, in 2010, realize and accept the principle that it's the best interest of the children that is the paramount issue here, and not reliance on some antiquated doctrines, or whatever Bill McCollum is harking to. But the courts have spoken, the governor has accepted it. The Florida Department of Children and Families has accepted it. Even if McCollum does appeal it, it's going nowhere because courts have already ruled on the essential issue. It's happening. Welcome to 2010, the Sunshine State.

WHITFIELD: OK. Let's talk about this interesting case involving ACLU and the nose ring that a 14-year-old was wearing at school, gets suspended from school because they say, you know, this fashion statement is not allowed. She said it's not a fashion statement. This is an article of faith, Richard. She belongs to a group that recognizes piercing and other sorts of thing with the body and she's doing this for religion. Good argument?

HERMAN: It's not a good argument. The fact that the group recognizes it. That's nice.

FRIEDMAN: What? HERMAN: They have already looked into the rules of this group.

WHITFIELD: Freedom of religion? Expression?

HERMAN: Apparently you don't have to wear these things.

FRIEDMAN: Richard, Richard -

(LAUGHTER)

HERMAN: You don't have to wear these all the time, Fred. That's the point. They don't have to wear it in school. The school said no go, now they are trying to do it on religion. I'm sure she has no idea what this church of --

WHITFIELD: Body modification, it's called the church of body modification.

(CROSS TALK)

If you look at their Web site it really is very fascinating the imagery that comes with all the different ways in which people are expressing their religion. Different kind of piercings, body art, et cetera. So, Avery, you sound like you're really digging in your heels this is an argument of freedom of expression, religion. Yeah?

FRIEDMAN: I agree with the federal district judge. I mean, look, they applied for religious exemption. Arianna and her mom and dad belong to this church. We may not agree with their doctrine. As long as they are not hurting other people, there's no way that some principal is going to make a decision on the sincerity of one's faith. I think the federal district judge was right, put her back in school. Frankly, it will cost the school district a lot of money. Leave her alone, as long as she's not bothering or interfering with the educational process. Very, very simple.

WHITFIELD: OK, and Richard, I know you don't have to worry about this, being the New Yorker that you are, even though you're in Florida now-lawn care. Well, this one Georgia woman decided to take the issue to task. She doesn't like that there is an ordinance in place that says you've got to mow your lawn. She took it all the way to the Georgia supreme court. Did she take it a little too far, Richard, in your view?

HERMAN: Yes, Mrs. Gasses, she needs glasses. Because there is a $150, that was the fine. She was in defiance. I'm not going to mow my lawn, akin to slavery, it is involuntary servitude. I'm not going to do it. Absolutely ridiculous. My look, my Miami paralegal graduates they know there are other cases in other case that have strong precedents in this area. She is going nowhere.

WHITFIELD: Avery, that is interesting, there is some a precedent, Ohio. And it didn't work, so why would this woman and her attorneys feel like we're going to give it a go?

FRIEDMAN: I agree with Richard, ridiculous, Mrs. Gasses should cut her grasses. Is what I say. That's what supreme court said. Look, this matter is over to equate this terrible chapter in American history, slavery, and equate it to being compelled to cut the grass? Come on that is absolutely silly. The supreme court did the right thing in Georgia.

WHITFIELD: Interesting. Well, since we're on a role let's see who cuts the best argument, as this case proceeds. You didn't get it. You didn't laugh.

FRIEDMAN: He said glasses, we say glasses.

HERMAN: We got it.

WHITFIELD: Grasses, I loved it. It was all very funny. We're all in sync. We've got that going on. Richard, Avery, great to see you guys. Have a great weekend.

HERMAN: Good to see you.

FRIEDMAN: Take care.

WHITFIELD: Former President Bill Clinton embraces an old rival. That, and more, coming up in our political update.

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WHITFIELD: OK, we know it is just seventeen days away from midterm elections. There is President Barack Obama not campaigning for himself, not directly, but instead getting on Air Force One from Andrews Air Force Base in Maryland, outside D.C. Because he is heading for Boston, Massachusetts, where he'll be stumping for his good friend, Massachusetts Governor Duvall Patrick. Our Dan Lothian is traveling with the president today. We'll check in with him a bit later on as the president makes his arrival in Boston.

Meantime with midterm elections right around the corner, the rush is on in a very big way. Here is a look at the headlines from our political team, The Best Political Team on Television.

Republicans are demanding that Speaker Nancy Pelosi called the House back into session. Representative Mike Pence who wants a vote before the election on extending Bush era tax cuts set to expire at the end of this year.

Former President Bill Clinton buried an old hatchet last night to campaign for California gubernatorial candidate Jerry Brown. Clinton and Brown were bitter rivals for the '92 Democratic presidential nomination. But they embraced last night at a joint appearance in Los Angeles. Brown is in a tight race against Republican Meg Whitman. Even thought Republicans are up in the national polls. Democrats appear to be doing well in the fundraising category.

New reports showed Senate Democratic Senatorial Campaign Committee raised $27 million from July through September, more than $15 million came in September alone, nearly double the amount Republicans actually raised. The wake of Friday's nor'easter still being felt by some in New England, but overall a pretty nice Saturday shaping up weather wise. Kind of windy in some places. A big football day, so that's all people really care about, Karen Maginnis.

KAREN MAGINNIS, CNN METEOROLOGIST: Yes.

WHITFIELD: They don't care in the rain, football, sunshine.

MAGINNIS: Not at all.

WHITFIELD: They are happy.

MAGINNIS: It's an SEC weekend. Some people might say it is Bit Ten weekend. You're wearing one of Auburn's colors, orange.

WHITFIELD: Oh, yes, that was a mistake, didn't mean to. I'm not rooting for anyone, win or defeat.

MAGINNIS: You are a Switzerland.

WHITFIELD: It was just October to me.

MAGINNIS: Yes, we've got a lot of big football games going on. Ohio State plays in Wisconsin. That is going to be a little tricky.

WHITFIELD: I should root for Ohio State. That is my dad's alma mater. Yeah, I better go for that Buckeye.

MAGINNIS: Oh, yes.

WHITFIELD: Woo, red and white, though right?

MAGINNIS: It's going to be windy. So it will be really tricky when they start a throwing game and all that kind of stuff. But yes, overall we've got a fairly nice weather picture.

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WHITFIELD: All right. Guess what? Poppy Harlow is in town, usually out of New York, talking to us about CNNmoney.com and everything else finances. She's here, in the house, in Atlanta right after this.

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WHITFIELD: All right, a big old fine for a corporate bigwig, who allegedly misled investors in the subprime mortgage crisis. CNN's Poppy Harlow is here in Atlanta. Let's talk about the settlement and what it means and how much of an impact?

POPPY HARLOW, CORRESPONDENT, CNNMONEY.COM: It is big news. It came out yesterday afternoon. The SEC settled with Angelo Mozilo. He is sort of the figurehead of the mortgage crisis. He lead Countrywide financial, formerly the biggest mortgage lender in the country. This is the only individual fined, $67.5 million. The only individual fined we've seen, Fred, in the entire fallout from the mortgage mess. We've seen a $550 million settlement with Goldman Sachs, but not with an individual. What the SEC says here is look, in 2006, 2007, this guy -- you see him testifying right there -- he sold $140 million worth of stock while telling investors it was actually a strong portfolio. That his company was doing well, that the mortgage market was strong.

I want to read you a quote that came from the SEC after the settlement. The enforcement official there said, "It was fitting outcome for a corporate executive who deliberately disregarded his duties to investors."

What's interesting here is the SEC didn't push forward and take this to trial, which would have started Tuesday in Los Angeles. They settled. So some say, why didn't the SEC carry this out.

WHITFIELD: Because it would have been too costly?

HARLOW: Didn't know if they would have won. If they don't win, that hurts their reputation, which has already been battered. What this does for Angelo Mozilo, why does he settle? Because that really lessens the chance of criminal prosecution in all of this. So a major settlement that really the first personal fine paid as a result of this entire fiasco.

WHITFIELD: Let's talk more about foreclosures, but in a very different way. This week accusations that banks were acting improperly on a whole other level?

HARLOW: Yes, and this has been going on for a few weeks. But what happened and was big this week, 50 attorneys general launched investigations did banks issue fraudulent paperwork? What we really care about, folks, is what does this mean to you, the homeowner?

In terms of-if you are a troubled borrower, you are in foreclosure, what you need to know, is whether or not the banks messed up here, it doesn't change the fact that you are delinquent on your mortgage. The lawyers I spoke with, some mortgage experts say you are not going to get to keep your home. You may stay there a few more months. This isn't going to mean they forgive your mortgage, your debt. So that's what you need to know.

If you're a buyer, also it's really important that you think about the fact OK, this is going to make other home prices depressed. This is the one silver lining. There is going to be more inventory on the market. This may help you as a buyer, not if you're buying those foreclosed homes, because a lot of them are being halted in terms of the sales, right now.

If you're a seller, this is more bad news, more competition on the market, more homes on the market.

WHITFIELD: This is grim.

HARLOW: And just lots of questions for people who want to buy into those foreclosures. It's grim, but the bottom line that people need to know, if you're in foreclosure, this isn't going to save you. This isn't a rescue plan. I think a lot of people misunderstood that in the first few weeks.

WHITFIELD: All right. Poppy Harlow, always good to see you, even better in person.

HARLOW: It's nice to be here.

WHITFIELD: I know you are headed back to New York, we'll see you from there.

HARLOW: All right.

WHITFIELD: Thanks so much, Poppy.

This afternoon more of my face-to-face conversation with Chris Gardner, whose life and book inspired the Will Smith movie "The Pursuit of Happyness." At 2:00 o'clock Eastern Time, he'll be talking about parenting, in particular, some harsh lessons that he tried to convey to his kids. He's got some guidance for you, too, whether you should be treating your kids the same way.

Then at 3:00 o'clock Eastern Time, he'll be back with us, face-to- face. Talking about the impact of the movie and the impact of the relationship that he had with the star, Will Smith. All that straight ahead.

I'm Fredricka Whitfield. YOUR MONEY is up next.