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HIV and the Black Church; Facebook in Privacy Breach; Miners Tell their Tale; Lesbian Couple Kicked Out of Mall; Divorce Insurance Gaining Popularity; President and First Lady Obama on the Campaign Trail; The Case of Legalizing Pot; The First Lady's Popularity

Aired October 17, 2010 - 22:00   ET

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


DON LEMON, CNN ANCHOR: This hour, everything you need to know for your week ahead, including another Facebook security scare affecting tens of millions of people. Are you at risk? The reporter who broke the story is here tonight live.

A provocative revelation from a former U.S. surgeon general. She said legalized recreational marijuana now. Tonight she tells me why, and whether she would smoke pot.

Plus, money changes everything, especially marriage, divorce and sex in this economy. And a little thing called divorce insurance, among other unusual agreements, quickly gaining popularity now. A lawyer who knows all about it is here to explain

But we start tonight with politics. The president and the first lady just wrapped up their first joint campaign stop since the 2008 campaign. This time though the president's poll numbers are weak. The first lady's are strong, but together Democrats hope the couple can push voters to the polls for the all-important mid-term elections in just 16 days.

Our senior political editor Mr. Mark Preston joins me in a minute, but first let's check in with CNN's Ed Henry traveling with the president tonight.

ED HENRY, CNN WHITE HOUSE CORRESPONDENT: The campus of Ohio State University here in Columbus was pretty devastated on Saturday night because their football team was knocked out of the top spot in the nation. A big loss at Wisconsin, but people are pretty fired up here, to use the president's words.

Thirty-five thousand people here on the campus largely here not just because of the president, but because First Lady Michelle Obama was here as well. The first time they have done a public rally together in this campaign season, the first time in two years, going back to the 2008 presidential race. They had a little bit of playful banter to try to show the softer side of the president and part of the reason why the first lady is out here on the road with him. She's got approval ratings that are 20 points higher than him, so at one point when he first took the stage, he said isn't she cute trying to show that softer side.

But then he got down to the red meat of really going after the Republicans, and he was really pushing on the notion that there's early voting going on here in Ohio. There's a big governor's race and Senate race, but also some very tight House races that will determine control of Congress.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: An agenda that nearly destroyed the economy. Do they think that we have forgotten? I mean, it's not like we didn't try what their peddling. We tried it for eight years.

(END VIDEO CLIP)

HENRY: Some of the president's senior advisors like David Axelrod and Robert Gibbs were on some of the Sunday morning talk shows sounding very confident about Democrats retaining control of Congress. But I can tell you some senior Democrats back in Washington privately are still very nervous about what's going to happen on November 2nd in these final two and a half weeks, and all you have to do is look at the president's political calendar to see how much trouble the Democrats may be in.

At the end of the week, he's going on a four-day campaign swing out west, and what he's doing is playing defense, defending Senate incumbents like Patty Murray of Washington, Barbara Boxer in California, Harry Reid in Nevada, and instead of going to Republican- leaning states trying to have some Democratic pickups. Instead, the president is defending a lot of Democratic turf right now in the final two and a half weeks.

Ed Henry, CNN, with the president in Columbus, Ohio.

LEMON: All right, Ed. Thank you very much. Our senior political editor Mark Preston joins me now from Washington.

So, Mark, we're hearing there were about 35,000 people at this rally. Does that huge number mean anything behind Ohio and the crowd at Ohio State?

MARK PRESTON, CNN POLITICAL EDITOR: Well, look, a great number for the president and first lady up in Columbus this evening. This is the kind of enthusiasm that Democrats need that he's been trying to generate over the past couple of weeks. Now this is the third of four major rallies that he is going to be hosting and has hosted over the past few weeks to really try to energize those voters, Don, those young voters, those first-time voters that really came out for him in 2008. Not only does he need them to show up at rallies and vote. He needs these people to be knocking on doors and getting their family and friends to the polls on November 2nd for Democrats.

LEMON: Yes, I bet. Where next for the president?

PRESTON: Well, you know, he's got a very busy schedule as Ed had just laid out right there. He's going, to gosh -- he is going to six states. He is doing ten events over the next five days which is an incredible amount. Individual candidates for the Democratic National Committee, for the Democratic Congressional Committee. He's also doing for gubernatorial candidates. The president has a very busy schedule, Don, as he heads into Election Day. Again, 16 days until Election Day.

LEMON: We're going to see more of the first lady I'm sure, Mark.

PRESTON: Yes. Look, 65 percent approval rating. Well, she will be up in Connecticut tomorrow. She will also be in New York City. She will be doing a fund-raiser in New York City for the DNC and Connecticut for Richard Blumenthal who is running for Senate. But it's really that closing week, Don, not this week, the following week. She will be out west. She'll be doing events on the West Coast, including several in California.

Look, First Lady Michelle Obama hasn't been doing a lot politically, but Democrats are glad that she's now engaged -- Don?

LEMON: Hey, we saw Sarah Palin out in Anaheim, California, yesterday as well as Michael Steele, the head of the RNC. So what are the Republicans doing to close the deal now?

PRESTON: Look, this is what they are doing. Two things. One, talk about the jobs, talk about the economy. Don't do anything that is going to perhaps trip them up. Get them in trouble. At the same time, the Republican establishment is backing off a little bit. They are letting the grass roots activists, these tea party activists to really drive the train at this point. That's why we're not seeing a whole lot from the Republican establishment other than Michael Steele traveling across the country and John Boehner, who is the House minority leader, going into some districts. But, again, this election is being driven by the grass roots, Don, and being driven by the tea party.

LEMON: Mark Preston, thank you very much. Appreciate it.

We want to tell you about a developing story tonight when it comes to your security. A warning of a new terrorist threat from al Qaeda. France, one of the countries now on high alert.

Also developing tonight, new worries about your private information on Facebook. The "Wall Street Journal" uncovers how applications like the hugely popular "Farmville" can get your personal information no matter how tight your security settings.

And while debate grows over whether to legalize marijuana, a former United States surgeon general says why not? And I ask her.

(BEGIN VIDEO CLIP)

LEMON: If it were legalized, would you do it?

DR. JOYCELYN ELDERS, FORMER U.S. SURGEON GENERAL: Would I do --

LEMON: Would you smoke marijuana if it was legalized?

(END VIDEO CLIP) LEMON: Dr. Joycelyn Elders' answer coming up.

And don't just sit there. We want you to be part of the show. Make sure you check in with us at Twitter or Facebook, and look for our blog at CNN.com/Don. We're also on FourSquare.com.

(COMMERCIAL BREAK)

LEMON: America may be inching closer to legalizing pot on Election Day. Marijuana is on the ballot in four states next month, and no matter what happens on November 2nd, Attorney General Eric Holder warns that the federal government will continue to enforce all drug laws, and that's including the marijuana laws.

Now I recently spoke about this with Kathleen Parker. She is the co- host of CNN's "PARKER-SPITZER." She said the debate over legalization shouldn't be an issue of conservatives versus liberals. Take a listen.

(BEGIN VIDEO CLIP)

KATHLEEN PARKER, CO-HOST, CNN's PARKER-SPITZER: I've been convinced by people in law enforcement and the judicial system that we can really allocate our resources in much more -- in much better ways than arresting people for a simple possession of marijuana. In 2008, for example, in California, there were 60,000 arrests, just for simple possession of marijuana. And it seems to me a very -- you know, huge waste of manpower, resources, et cetera, et cetera. There are so many arguments you can make in favor of legalizing it that I really -- I can't -- I can't come down on the other side.

(END VIDEO CLIP)

LEMON: OK. So, listen, Dr. Joycelyn Elders served as U.S. surgeon general under President Clinton and she joins us now from Little Rock, Arkansas.

Dr. Elders, you know, you were quoted in "The New York Times" I read yesterday. It's very interesting. You said, "We consume far more dangerous drugs that are legal, cigarette-smoking, nicotine, and alcohol. We need to lift the prohibition on marijuana."

That's a pretty bold statement. Many people think that you're wrong. That it would be a bad -- make a bad situation worse.

What do you say to that?

ELDERS: Well, I don't think it would make a bad situation worse. I don't think much could be worse than the present situation that we have. When we have the highest number of people in the world being criminalized, many for non-violent crimes related to marijuana. And when marijuana has not really -- has never caused anybody directly to die. It's not a toxic substance that would cause people to die.

And we -- and I just think that we could, as was said earlier, we can use our resources so much better and I think we need to legalize marijuana for adults and make -- and tax it so we can use the money for much better things, make it such that you can't smoke around children and in front of children. You can't sell -- it's illegal to sell it to children.

And I just think that this is the thing that we should do, rather than grabbing up young people, throwing them in prison, they lose their opportunity to ever get a federal scholarship. And that's just -- to me, that's just wrong.

LEMON: Well, what about -- what about the health concerns? What about possible second-hand smoke and all of those concerns?

ELDERS: Well, I think -- you know, we still smoke around children. We have second-hand smoke. We have alcohol, you know, the most addictive -- marijuana is not addictive, physically addictive, anyway. And the most addictive substance we've got out there is nicotine.

LEMON: Yes. So, listen, and I'm going to ask you this -- if it were legalized, would you do it?

ELDERS: Would I do?

LEMON: Would you smoke marijuana if it were legalized?

ELDERS: I've never smoked marijuana when it wasn't legal. I don't think -- when you get my age, you aren't going to start something new. So, I don't think I would smoke marijuana now. I don't smoke cigarettes. I never smoked cigarettes.

And so -- but I don't think -- what I think is horrible about all of this is that we criminalize young people and we use so many of our excellent resources, police resources, for things that are really not causing us any problems.

LEMON: It seems that there are a lot of people out there who are making judgments about marijuana and it's kind of the similar arguments that we made during prohibition about alcohol. But a lot of people who don't -- who are not sure of the effects of marijuana, maybe they haven't tried it themselves and they're coming to these the preconceived notions about it. You know, we talked about the health effects about it, but what about causing violence or causing people to become complacent and all of those issues?

ELDERS: Well, now, I think the complacency issue may have merit. There is no problem -- nobody says that marijuana causes violence, whereas we know alcohol can certainly cause much more aggressiveness. You know, if you go out in the streets, you aren't as likely to hurt somebody from using marijuana as you are using alcohol.

As far as your own personal health concerns, we don't -- it's never caused any death. It's never caused anybody to die, that we know about, directly, from the physical parts of marijuana. But we may become more complacent, not think as well, and, you know, many people say, well, it creates a lot of zombies. Well, heaven knows, alcohol creates zombies too when they get so much.

LEMON: Joycelyn Elders, thank you very much.

Up next, divorce can be expensive, but what if you could protect yourself before you get to that point? It's called divorce insurance, and it may take the romance out of things, but it's growing in popularity, really growing.

Plus, Michelle Obama, the first lady, joins her husband on the campaign trail for the first time since 2008. We'll take a closer look at why their joint appearance is such a big deal.

(COMMERCIAL BREAK)

LEMON: As we mentioned earlier here on CNN, President Barack Obama hit the campaign trail this weekend, but he wasn't alone. The first lady joined him for a rally at Ohio State University. It is the first time that they have made a campaign appearance together since 2008. Mrs. Obama tried to evoke the magic of her president's presidential run to pump up voters ahead of the mid terms.

(BEGIN VIDEO CLIP)

MICHELLE OBAMA, FIRST LADY OF THE UNITED STATES: It is what he talked about all those months on the campaign trail. It's the change he's been fighting for every single day in the White House, and that he's going to keep fighting for every single day in the White House. So tell me something, Ohio. If you are still as fired up and ready to go as you were two years ago, then I know that we can keep bringing about the change that I know that we all know that we can keep that American dream alive so I'm going to ask you something. Can we do this?

CROWD: Yes, we can!

M. OBAMA: Can we do this?

CROWD: Yes, we can!

M. OBAMA: Are you fired up and ready to go?

CROWD: Yes.

(END VIDEO CLIP)

LEMON: Well, the first lady is still very popular with the public. Her approval rating is a full 20 points higher than her husband's, but a staff writer for the "Washington Post" who covers the Obamas, Nia-Malika Henderson, well, she told me that's not so unusual.

(BEGIN VIDEO CLIP)

NIA-MALIKA HENDERSON, STAFF WRITER, WASHINGTON POST: It's a common thing for first ladies. I mean, as you said Laura Bush had approval ratings somewhere in the 80s even when George Bush had approval ratings in the 30s and 40s. So, it's pretty common for first ladies to do that. So, here you have a Democratic party really faced with dire odds for keeping on -- keeping control of both of these houses. So, they very much want to use everything they can to stave of losing those majorities. So, they're bringing the first lady out to raise the level of enthusiasm, but also raise money.

LEMON: OK.

HENDERSON: Over these last days, she's -- go ahead.

LEMON: I want to ask you that, because, you know, she is -- it's a tough position, we always say, being the first lady, because you sort of have to -- you can't really talk about controversial issues. If you had a career, you kind of have to leave that aside until you're out of the White House. She is popular, but nobody is voting for her.

So, how effective is she on the campaign trail? Can she get people to vote, or is it people just come out and say, oh, the first lady, I want to see her, I like her a lot?

HENDERSON: Well, the hope is that both will happen. That she can remind people of how much they liked the Obamas, how much they liked the Obama agenda, how important 2008 was. So, her goal was really to link 2008 to 2010.

In her speech in Wisconsin, she told these voters, she said, listen, I gave you my husband in 2008 and now you've got to have his back. And having his back means voting for folks at the congressional level, for Senate, for U.S. House of Representatives, for mayor. It means voting for Democrats consistently.

So, that's very much the message that she's going to be having out there. And, of course, it's also -- she's going to be able to raise money. I think she's raised something like $1 million so far. She's going to make a swing next week and in the following week as well. So, she's going to very much be out there.

I really think in some ways, she's more of the keeper of the 2008 flame than even the president is, because he's been dogged by having to govern quite frankly and he's seen a real kind of drop-off in his popularity as a result.

LEMON: If you answer this question for me, I want to talk about the first lady personally, but, you know, there's this sort of -- perceived as a widening divide among the Democratic base, that the president is saying, hey, listen, you guys have to come back to us, so you can't be complacent. Can she help bridge that?

HENDERSON: Yes, I think she can help bridge that. But even more importantly, one of the things about the 2008 election was there were 15 million new voters. Those folks weren't a normal part of the Democratic base. They were young voters, they were new voters. They were minority voters.

And those are the folks that she's really going to be talking in these campaign appearances. LEMON: OK.

HENDERSON: And in that way, I think she'll be able to bridge some of the divide.

She is very much a hugger. She gets out there.

LEMON: Yes.

HENDERSON: She loves working the rope line out there. And, you know, whereas you -- some people look at the president and they say he's very much kind of aloof and remove. She's very much, as you feel- your-pain kind of first lady. So, I think in that way, she'll be able to make connection with folks. And so, they can have some sense that this is the same, old, you know, Obama. It's the old 2008 movement. And in that way, they'll be more motivated to go to the polls.

We'll see.

(END VIDEOTAPE)

LEMON: Our thanks to Nia-Malika Henderson.

OK, believe it or not, the holidays are almost here, but it's not too late to come up with a reasonable holiday budget. Grab a pen and a piece of paper. Stephanie Elam has some important tips in this week's "Mastering Your Money."

STEPHANIE ELAM, CNN BUSINESS NEWS CORRESPONDENT: Hey, Don, you may think we're talking about this a little too soon, but get this. There are only five paychecks left until Christmas so it's a smart idea to begin budgeting for your holiday shopping right now, if you haven't already done it.

All right, here are a few quick tips for you. Start off by honestly evaluating your current financial situation to determine how much you can spend without going into debt. Set a spending limit and then you got to stick to it. Now after that get started right away. Shopping is fun. Not a problem with that. Not only will you have more time to search for sales and bargains, but you'll find that some retailers have already discounted their prices. Web retailer often better bargains than traditional brick and mortar stores, because they don't have as much overhead.

Another bonus, you'll beat the crowds and those long checkout lines. And finally, this one is going to be a tough one for a lot of people out there. Consider restricting your gift-buying list to just the immediate family. When you add in the nieces, the nephews, the aunts and uncles, it can really add up. And you know, they are probably looking to cut back as well.

You can learn much more about mastering your money on the show that saves your money, "YOUR BOTTOM LINE," every Saturday morning at 9:30 a.m. Eastern right here on CNN -- Don?

LEMON: Stephanie, thank you. Vegetables are supposed to be good for you, right? But there's a new recall tonight for some that may contain glass fragments.

And Justin Bieber in troubled with the law? No way. How a game of laser tag may lead to charges against the young pop star.

(COMMERCIAL BREAK)

LEMON: Let's take a look at your top stories. Target Europe. Saudi Arabian intelligence services are warning of a new terrorist threat from al Qaeda. They have arrested European intelligence agencies that al Qaeda is targeting the continent, notably France. At least two terrorist attacks were foiled in France in the past year. The new warnings come at a time that already heightened security in Europe.

Iranian President Mahmoud Ahmadinejad says his country is ready to hold nuclear talks, but according to Iranian media, he also warned that Iran won't yield any of its international rights to peaceful nuclear energy development. The U.S. and other world powers fear Iran is developing a nuclear program for military purposes. Iran denies this.

Police say an argument over a parking space led to the death of an off-duty detective outside a restaurant in Baltimore. Eighteen- year veteran Brian Stevenson was killed when he was hit in the head with a chunk of concrete. The accused attacker faced first-degree murder charges tonight. Stevenson was out celebrating his 38th birthday when he was killed.

A major recall to tell you about. Some frozen vegetables sold at Wal-Mart and at Kroger may contain glass fragments. The recalled products include 12 ounce bags of Kroger green peas, Kroger peas and carrot, Great Value steamable sweet peas and Great Value steamable mixed vegetables. You can find the product codes at CNN.com. The veggies can be returned to the store that you bought them from for a complete refund.

Pop Star Justin Bieber likes to play, but does he play nice? Canadian media outlets say Bieber was thrown out of a laser tag facility in British Columbia and is under investigation for assault. A 12-year-old boy says Bieber hit him and then he filed a complaint about it. Some witnesses say Bieber accidentally hit the boy during the game. One of Bieber's reps is denying the incident ever happened.

Well, now it's time for a look at some of the stories that we'll be watching in the week ahead, and we start with Ed Henry at the White House.

HENRY: I'm Ed Henry at the White House, where on Wednesday, the president has a big meeting with his national security team on his AFPAC policy. And then he immediately heads out on the campaign trail for his last big West Coast swing before the election. He hits Oregon, Washington State, California, Nevada and then Minnesota on the way home.

JEANNE MESERVE, CNN CORRESPONDENT: I'm Jeanne Meserve in Washington. Homeland Security Secretary Janet Napolitano will be making a trip to the southwest border and visiting with National Guard troops deployed there. We'll be following that.

Also, if you bought a plane ticket lately, you might have noticed you had to give some additional information like your gender and date of birth. It's for a program called Secure Flight. We'll explain what's that all about and whether in fact it does deliver more security.

POPPY HARLOW, CNNMONEY.COM: I'm Poppy Harlow in New York. Coming up this week on Wall Street, earnings season kicks into high gear. We'll get results from Citi Group, Bank of American, Morgan Stanley, Goldman Sachs, as well as Apple and Yahoo! among many others. And a big focus again on housing with the latest home building numbers being released on Tuesday morning. Then on Wednesday, we'll get the fed's latest report on economic conditions across the country, and on Friday jobs will take center stage with a state-by-state unemployment reports. That's all coming up. We'll track it for you on CNN money.

A.J. HAMMER, HOST, SHOWBIZ TONIGHT: I'm "SHOWBIZ TONIGHT's" A.J. Hammer. Now here's what we're watching this week. The situation already got the boot from "Dancing with the Stars." So Will Sarah Palin's daughter, Bristol, make it another week. And you can expect fireworks on "The View" this week when Bristol's ex, Levi Johnston, joins the ladies for a big sit down. "SHOWBIZ TONIGHT" is live at 5:00 p.m. Eastern on HLN and of course we're still TV's most provocative entertainment news show at 11:00 p.m. Eastern and Pacific.

LEMON: All right. Thank you, guys.

Let's bring in CNN's international desk editor Azadeh Ansari.

Azadeh, good to see you.

AZADEH ANSARI, CNN INTERNATIONAL DESK: You, too.

LEMON: Tell us what's happening internationally.

So where do we go, first? Tehran, Hugo Chavez.

ANSARI: Hugo Chavez exactly. You know, Hugo Chavez expected to be there with his Venezuelan delegation, and they are going to be there for two days, and they are going to be in Tehran, Iran on Monday and meeting with President Mahmoud Ahmadinejad about expanding the relations between the two countries. And as you know, Don, President Ahmadinejad has tried to expand his reach in Latin America now for some time, especially in countries like Venezuela, Bolivia and Cuba.

LEMON: And I had to look down on my notes. I was like Hugo Chavez in Tehran, not something you used to say in the same sentence. But when you say -- the way you say Ahmadinejad is the right way. Can you say it again for us Americans.

ANSARI: Ahmadinejad.

LEMON: Yes, good. Thank you, very nice. OK, not that you're not American, but the way you say it is proper.

Let's talk about France now. Nicolas Sarkozy. ANSARI: Right. So French Unions are not backing down over his plan to raise France's retirement age to 62. And, of course, President Sarkozy --

LEMON: 62.

ANSARI: 62, yeah. And, you know, he's sticking by his word. And despite the strikes that have happened, hundreds of thousands of people hitting the streets, service industries is being affected and a fuel shortage, you know, being like the potential scare of a fuel shortage, I should say. But this is a make it or break it week depending on what plays out between the government and the union. So again, a big story we're going to be following going into next week.

LEMON: Yes. I think I saw his either economic or finance minister on "This Week with Christiane Amanpour" talking about that, too. It's just a few years, and it will help the economy so much, and people really need to get behind it. Boy, they are in an uproar about this over there.

ANSARI: Big time, big time. So, again, all eyes are really on this story as we move forward so --

LEMON: OK, thank you.

ANSARI: Thanks.

LEMON: Azadeh Ansari, we appreciate that. Make sure you have a great week, OK?

ANSARI: Thank you. Thanks, Don. You, too.

LEMON: Coming up, a freeze on foreclosures by major banks. We're looking at what it could mean for the housing market.

Plus this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I'm living with HIV.

(END VIDEO CLIP)

LEMON: That's a secret that this man kept from his own church. We're looking at why keeping quiet when you have the disease is so common in the African-American community.

(COMMERCIAL BREAK)

LEMON: One in every 16 black men will contract HIV in their lifetimes. That's according to health officials. For black women, it's one in 30. The virus is so common in the black community, and yet it's considered a stigma and even to even broach the subject. CNN's Soledad O'Brien introduces us to one man who is daring to try.

(BEGIN VIDEOTAPE) SOLEDAD O'BRIEN, CNN SPECIAL INVESTIGATION CORRESPONDENT (voice- over): Two illnesses threaten Jeffrey Gavin, his church knows only about one.

JEFFREY GAVIN, MEMBER, FIRST BAPTIST CHURCH: I have what's called Marfan Syndrome. That makes me very tall. I am constantly in pain.

O'BRIEN: He feels compelled to tell his pastor, Buster Soaries, the rest of his story.

GAVIN: I'm living with HIV.

UNIDENTIFIED MALE: In the name of Jesus.

O'BRIEN: Jay Gavin, as his friends know him, found out he was HIV positive four years ago. He's never mentioned it in church. Keeping that kind of secret is common in the African-American community.

REV. DEFOREST "BUSTER" SOARIES, SENIOR PASTOR, FIRST BAPTIST CHURCH: If the average person in this church knew how many people they interacted with in this church who were HIV positive, it would be scandalous.

O'BRIEN: The CDC says it's the stigma in the African-American community that's putting many blacks at higher risk of contracting the disease. Nearly half of the people living with HIV in the United States are African-American.

O'BRIEN: Gavin is gay and contracted HIV from sex, but the message he wants to send to his community is everyone can get it.

SOARIES: How are you doing, man?

GAVIN: Thank you so much -- well, thank you for this.

SOARIES: How are you doing?

O'BRIEN: You look so relieved.

GAVIN: I am. I want to shout for joy because I see the avenue that this is leading to.

O'BRIEN: Gavin sees himself as an ambassador leading open discussions, but his pastor has a more tempered response.

SOARIES: Whether or not he is a symbol of something that can be healthy for the church and inspiring for people who are HIV positive, I think that remains to be seen.

O'BRIEN: Regardless of the outcome, Gavin says he'll keep pushing.

Reporting for "In America," Soledad O'Brien, Somerset, New Jersey.

(END VIDEOTAPE)

LEMON: Don't miss Soledad's O'Brien's "BLACK IN AMERICA" specials called "Almighty Debt." It's focusing on the financial crisis facing the black church. It premiers next Thursday, October 21st at 9:00 p.m. Eastern right here on CNN.

And up next a warning to all Facebook users. A new "Wall Street Journal" investigation has found that your private information might not be so private after all.

Plus, an accidental discovery finally leads to a proper burial for an American soldier reported missing in action more than 60 years ago.

(COMMERCIAL BREAK)

LEMON: We want to tell you about a story that is developing tonight. If you're a user of Facebook, you want to pay attention because a new privacy problem for Facebook is happening now. And it involves those popular features called applications or apps.

All right, a "Wall Street Journal" investigation says apps have been transmitting personal information about users to dozens of advertising and Internet tracking companies. Even for Facebook users who set their profile for a complete privacy. The problem affects literally millions. Tens of millions of Facebook users. A Facebook spokesman told the journal, "The Wall Street Journal," quote, "We have taken immediate actions to disable all applications that violate our terms." We will continue to follow that story.

In Chile, the rescued miners are recovering and recounting the first days of their terrible 69-day ordeal. Most thought they would never get out alive. Here's CNN's Karl Penhaul.

(BEGIN VIDEOTAPE)

KARL PENHAUL, CNN CORRESPONDENT: The last miner out, with the treatment team. Buried alive for 70 days. Now they are safe. In this video shot by a freelance writer with press access to the field hospital, the miners tell how they resigned themselves to death but battled for life. Richard Villaroel was miner number 28 out of the hole.

"We were waiting for death because our own bodies were eating themselves. I was afraid I would never meet my son," he says. Villaroel shows a bottle cap and explains how they survived the first 17 days. Cut off from a world that had almost given them up for dead.

"Every day we hate just half a plastic spoonful of tuna. We drank water, but it wasn't pure. It was mine water and tasted of machine oil, but we had to drink it," he says.

True grit that has brought them back to the ones they most love. Raul Bustos to his wife Carolina, Ariel Ticona to baby hope. The little girl born while he languished underground.

The agony began mid-shift August 5th when the mine caved in. "The mountain and the roof of the tunnel shook, and the mountain began to break up. We could only see one or two meters ahead. We drove off in a truck and we crashed it because we couldn't see anything," he says. This man, shift foreman, Luis Urzua gave them the bad news straight. They may live, but more likely they would die.

"We had a boss who every day said we must stay strong. If they find us, they find us, and if not, not. The probes passed a long way away and we lost hope. We got strength from inside ourselves and from praying. I never prayed before, but I learned down there."

(END VIDEOTAPE)

LEMON: That was CNN's Karl Penhaul reporting.

Times are tough. While many are waiting to get married and others waiting to divorced, there's a new way to get together without risking it all in the process. Call it divorce insurance. We'll tell you about that.

Also a lesbian couple is kicked out of a shopping center for being affectionate.

And many of you may believe that criminals should be locked up behind bars to serve their punishment, but at least one judge believes public humiliation may be a better way to pay for the crime.

(COMMERCIAL BREAK)

LEMON: A lesbian couple kicked out of a mall in Raleigh, North Carolina, have received an apology from the property manager. A security officer asked them to leave saying they were showing too much affection for each other. More from reporter Adam Owens of our affiliate WRAL.

(BEGIN VIDEOTAPE)

CAITLIN BREEDLOVE, WAS ASKED TO LEAVE MALL: It bothers me that it's 2010, and I have to be here.

ADAM OWENS, WRAL REPORTER: Caitlin Breedlove was here sitting on this bench. She says she and her significant other had been holding hands and walking around the Cameron Village Shopping Center. That's when Breedlove says a security officer walked up and had this to say.

BREEDLOVE: You have to leave because your behavior is inappropriate.

OWENS: She admits she was showing affection, but Breedlove claim it was nothing more than a kiss and a hug. According to her, the officer was upset that her significant other was another woman.

BREEDLOVE: It's because you're of same-sex and it's inappropriate behavior, and quote, "nobody wants to see that here at Cameron Village.

OWENS: According to Breedlove the officer had not received complaints from other people and the public display of affection was minimal. BREEDLOVE: A couple of people would asked, you know, did you all plan this.

OWENS: Breedlove works for a social justice group and is a gay activist. However, she says the confrontation was not a stunt.

DAN PALATUCCI, RESTAURANT MANAGER: We really just don't discriminate at all. We love everybody that loves our food.

OWENS: Dan Palatucci is the manager of the restaurant where the couple had been eating. He brought the concern to Cameron Village management. He feels they are working to get to the bottom of it.

PALATUCCI: I know that Cameron Village as a whole isn't taking it lightly and they are aware of it, but they are just trying to get information about the incident.

(END VIDEOTAPE)

LEMON: That was Adam Owens from our affiliate WRAL reporting. The property manager at Cameron Village says it has suspended the security guard and plans to have sensitivity training for all security personnel.

OK. You know what? This economy has changed a whole lot when it comes to love, marriage and sex. A little thing called divorce insurance is on the rise right now. I spoke with an attorney and a psychologist about what in the world is going on.

(BEGIN VIDEOTAPE)

RANDY KESSLER, FAMILY LAW ATTORNEY: I guess the best divorce insurance would be to never get married.

(LAUGHTER)

You won't have to worry about it.

LEMON: Right.

KESSLER: The second best is you can have insurance, but how about a pre-nup? Why don't you just have a pre-up that says, if we get divorced, you get this, I get that. I think the insurance issue is a tough one.

LEMON: But I was going to say, it's different from a pre-nut because you can get this, right, while you're married already?

KESSLER: Right. You can get that, but you can also have a post-nup. So you can get a post-nup while you're married but you can get insurance. The problems, think about all the variables. My head is spinning when I think about custody, visitation, I want supervised visitation. Now I've got insurance that will pay the lawyers whatever I want. I'm not going to work to settle because my insurance company is now paying my legal bills. So I see some real problems with it. LEMON: OK. OK. One of which is how soon can you use it before or after. I mean, can you get divorce insurance and then say, OK, your policy is good, you sign off, and then the next week can you go out and get divorced and then claim the money?

KESSLER: The recent policies say you have to be married at least three years. So if you've been married three years, I guess, that's a good-faith marriage. To be a legal immigrant, you have to be married for two years for it not to be considered a sham marriage. So I guess three years -- so much for the seven-year itch. It will be the three- year itch.

(LAUGHTER)

LEMON: And you know, it is growing in popularity, though. When I talk to people in the newsroom, hmm, not a bad idea, I wish I had known about that before I got married.

Paul, doesn't this just kill the romance, though?

PAUL DOBRANSKY, LIFE PSYCHIATRIST: Well, if you think about it in a certain way, men and women get together voluntarily. All relationships are voluntarily. And when you take things beyond the level of what we would just say is a psychological commitment, now it's legal, now it's a contract. So I think it's very sensible thing.

LEMON: So, listen, Paul, is this -- I want to ask you, it is a prohibitive cost of divorce actually a good thing for these couples? Because to get divorced is really expensive And if you don't have that weighing on your mind, maybe that does make your relationship better?

DOBRANSKY: Sure. Yes, in a way, it's an external constraint that would put some pressure on a couple to work at better communication and a better alliance with each other. Sure.

LEMON: OK.

Randy, are couples doing this together, or can you go behind someone's back and say, I want to take out some divorce insurance and then the spouse doesn't know about it?

KESSLER: I think it's like anything else, you can do it either way. But it's probably better to do it behind your spouse's back to avoid collusion.

(LAUGHTER)

What you don't want is for a couple to do it together and then agree that they're going to go ahead and get a divorce. Then what? Then the insurance company is paying for somebody's fraud.

(END VIDEOTAPE)

LEMON: Divorce insurance, what's the world coming to. A freeze on foreclosures, confusing unemployment numbers and a logo gone wrong. Here is Stephanie Elam with this week's "Getting Down to Business."

(BEGIN VIDEOTAPE)

STEPHANIE ELAM, CNN BUSINESS NEWS CORRESPONDENT: If you thought the housing market was chilly before, it could get even colder. Major banks have announced a freeze on most home foreclosures across all 50 states. Experts say this could cause home prices to rise in the short term, but may drag out the housing markets' long-term recovery.

When the backlog of foreclosed properties gets dumped on the market, construction of new homes will likely stay at low levels. The latest home building numbers come out Tuesday.

The government is having trouble keeping track of just how many people are unemployed. From April of 2009 to March of this year, an estimated 366,000 more people were unemployed than originally reported. We'll have more information on unemployment Thursday.

And the "Gap" just learned that newer isn't always better. The clothing company unveiled an updated logo, but the new look was met with huge customer backlash. The "Gap" quickly responded that it would revert back to using its old logo.

That's this week "Getting Down to Business." Stephanie Elam, CNN, New York.

(END VIDEOTAPE)

LEMON: Still ahead here on CNN. The pilot of a small plane sets off a security scare when he flies over a high school and drops rolls of toilet paper. What was he thinking?

And the mom with three kids all born with birthdays that just might make you want to play the lottery.

(COMMERCIAL BREAK)

LEMON: You know on Sunday, we always want to try to catch you up on some of the news that you might have missed throughout the past week. This one is a paper trail that got one New Jersey pilot in trouble with the law. Our affiliate News 12 New Jersey reports Warren Saunders tossed several rolls of toilet paper from a Cessna this week. Westwood police say he was practicing to drop streamers for a high school football game. Instead, he caused quite a scare. You know, officers responded to the school fearing a terrorist attack. Saunders was charged with violating state aviation codes. Not a good idea.

Here's what happens when you steal a $250,000 from a crime victims' fund in Houston. The judge orders you to walk along a busy street every weekend for the next six years with a sign that says, "I am a thief. I stole $250,000." The man's wife had worked in the district attorney's office and was the mastermind behind the theft. She's currently serving a six-month sentence. Once she gets out, she will also have to do penance with that sign. In addition to the public humiliation, the judge has ordered them to pay back all the money within ten years. That's one tough judge.

Now listen to this incredible story of three siblings born with very memorable some would even say lucky birthdays.

(BEGIN VIDEO CLIP)

BARBIE SOPER, MOTHER: Lucky numbers, we must live in a house of lucky numbers. The old owners actually won the lotto.

(END VIDEO CLIP)

LEMON: Well, the first child's birthday was August 8, 2008. OK. The second child's birthday was September 9, 2009 and the third child, October 10th, 2010. And hospital records confirm the siblings were born one year, one month and one day apart. Will mom be back on November 11, 2011? She says no way. We say, we'll see.

A chance discovery in France to tell you about has led to one more fallen American soldier coming home. A bracelet with the soldier's name, rank and serial number was found in a French forest where he and two other American soldiers died in World War II. The man who found the bracelet eventually tracked down the family of Private Clayton Hellum's in Randolph, Mississippi last weekend. And last weekend, Hellum's remains were laid to rest with full military honors.

Ryan Baichain is the Babe Ruth of marriage proposals.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: She said with a loud gasp, yes, and speechless for the rest of the night.

(END VIDEO CLIP)

LEMON: All right, so here's the story behind that. To get his girlfriend Sarah to say yes, he knew he had to swing for the fences so he got the biggest diamond he could find which is obviously a baseball field. He painted his proposal in the outfield and made a question mark out of the pitcher's mound and turned on the field lights. And then he took Sarah for a night time helicopter ride. And as you just heard him say, he knocked it out of the park.

I'm Don Lemon at the CNN World Headquarters in Atlanta. Thanks for joining us. I'll see you back here next week. Make sure you have a good week and good night.