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New Poll Reveals Same-Sex Views; Trying to Bond with Evangelicals; U.S. Vets and Others on No-Fly List; Buying into Facebook; Twenty Years for a Warning Shot; Prosecutors Wrap Edwards Trial; Justice Department Sues Arizona Sheriff; Woman Sues Airlie over Her Weight; Honda Wins Appeal in Small-Claims Suit; Risky Trades Cost JPMorgan Chase; Taking a Mystery Vacation

Aired May 12, 2012 - 12:00   ET

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

FREDRICKA WHITFIELD, CNN ANCHOR: All right, from the church pulpit to the campaign podium, the debate over same-sex marriage is heating up this weekend. About an hour ago Republican presidential candidate Mitt Romney defended his position on that issue during a commencement speech at Liberty University of Evangelical Christian College in Virginia.

(BEGIN VIDEO CLIP)

MITT ROMNEY (R), PRESIDENTIAL CANDIDATE: Culture, what you believe, how you value, how you live, matters. Now, as fundamental as these principles are, they may become topics of Democratic debate from time to time, so it is today with the enduring institution of marriage, marriage is a relationship between one man and one woman.

(END VIDEO CLIP)

WHITFIELD: Now, several prominent African-American pastors are also voicing their opposition to the president's decision to support gay marriage. And the issue is expected to be a focus of sermons in churches all across the country this Mother's Day. Ahead of Sunday's services a group of civil rights leaders, including Reverends Al Sharpton and Joseph Lowery have written an open letter to the African- American community embracing the president's decision.

It says, quote, "We cannot fight to gain rights for some and not for all," end quote. And in another part of the letter it says, quote, "The president made clear that his support is for civil marriage for same-sex couples, and he is fully committed to protecting the ability of religious institutions to make their own decisions about their own sacraments. There will be those who seek to use this issue to divide our community. As a people, we cannot afford such division," end quote.

CNN's Athena Jones is live for us out of Silver Spring, Maryland, with the latest public reaction to the president's decision.

So, Athena, what are you hearing and where are you in Silver Spring?

ATHENA JONES, CNN CORRESPONDENT: We're actually at a market in downtown Silver Spring talking to a whole bunch of people. We've been talking to them all day. But before I get to that, I want to mention these national poll numbers. Gallup did its first poll, the first national poll, since Wednesday when the president made this declaration in favor of same-sex marriage, asking people what they thought about it, whether they agreed. Fifty-one percent approved of the president's position, 45 percent disapproved.

When it comes to how this will affect the president politically, that's been one of the big questions this week. Thirteen percent said this -- his position made it more likely that they would vote for him, 26 percent said less likely, and for 60 percent or so, the vast majority said it wouldn't make any difference. So those are just a look at some of the poll numbers, some of the way that people are responding nationally to this big bombshell announcement really by the president this week.

We're in Silver Spring here and talking with Jesse and Daisy about what they feel about the president's position.

You heard the president -- what the president said on Wednesday, coming out in favor of same-sex marriage. How do you feel about that?

JESSIE: I feel a bit conflicted about it. Personally I'm not in support of same-sex marriage but I am all for equal rights and treating people as people. And I think the president coming out really put a fine line between the gray area and made me take a stand so...

JONES: So do you think that this is going to lead to a lot more discussion in the black community, because you have a man who is a black president coming out in -- for this right, this civil right to get married?

DAISY: Yes, absolutely. I feel like a lot of the black community don't usually -- didn't really have a particular opinion on it or didn't feel like it affected them personally because they didn't know a lot of people who are having that issue. And so I feel like him standing up and saying that he's in support of gay marriage will make people wake up.

And I mean it made us wake up and have to think and wonder how do we feel about it. We still are kind of in between. I think -- I think I'm OK wit. He kind of has a little bit of a different opinion. But yes, it made us actually talk about it and I think it's happening all over.

JONES: In various families and communities. Now another question for you, does it affect your support for the president? You're old enough to vote, of course. Does it affect how you'll vote for him?

JESSE: It does not. I actually appreciate him for taking a stand on something. It is a very controversial issue. And I'm sure he could have pushed it back on the back burner for a little bit longer. But he put his foot down, he was honest and integrity and so that's what I look for.

JONES: Great. So, there we have it, Fred. Just a few more people we're talking to around here in Silver Springs, just some of their reaction. Back to you.

WHITFIELD: All right. Thanks so much, Athena Jones. We appreciate that. We'll check in with you later on in the afternoon.

Presumptive GOP presidential nominee Mitt Romney tries to bond with evangelical Christians, giving the commencement address at Liberty University, a school that teaches that Romney's Mormon faith isn't a true form of Christianity.

Shannon Travis watched the speech in Lynchburg, Virginia.

So, President Obama's support of same-sex marriage gave Romney a strong talking point. He took advantage of that but he didn't elaborate further, but he did make a strong statement.

SHANNON TRAVIS, CNN POLITICAL PRODUCER: Yes, I mean, you just played the sound bite of Mitt Romney waiting into the the thick of the gay marriage issue. You're right, he made the point. There was loud applause from a lot of the people as you might expect from the Christian evangelicals, especially the students who are here in attendance. And then he moved on other parts of the speech were as the Romney campaign promised reporters yesterday not overtly political, Fred, but there were some political points being made.

He talked about lately he's been thinking in four-year stretches. He made a slight joke about how not everyone has been doing so well in the past four years, hint, hint. He also talked about -- he mentioned Rick Santorum, his former opponent saying that Rick Santorum referred him to a Brookings Institution study that showed people who graduate from high school and get a job and marry before they have a child are only 2 percent likely to be poor.

So there were some political references but it was not overtly political. One thing that struck me as noteworthy was there were several references to God and religion. And you know that there have been protests obviously with Mitt Romney coming to speak at this university which bills itself as the largest Christian university in the country because he's Mormon.

And as you mentioned, a lot of people here don't feel that his faith is a part of Christianity. But one quote that stood out especially was as Mormon -- Romney seemed to try and bridge that divide. He talked about meeting and common purpose, people of different faiths. And he said, you know, surely people of different creeds and theologies can meet up in the middle somewhere. And he mentioned two particular areas being service and moral convictions -- Fred.

WHITFIELD: All right, Shannon Travis, thanks so much in Lynchburg, Virginia.

All right, meantime not too far away, President Obama saluting the best and bravest in law environment. A short time ago the president and Vice President Joe Biden honored the National Association of Police Organizations top cops, the winners, in the Rose Garden. There were 34 recipients in all, 15 were honored for taking down a gunman who opened fire with a shut gun inside their Detroit police station.

All right. Some U.S. military veterans find out the government has put them on the "do not fly" list. Now they're taking action.

(COMMERCIAL BREAK)

WHITFIELD: Traveling by plane, well, something millions do every day without a second thought. Well, not the case, though, if you're on the "no fly" list. And a group of Americans say that they were put on that list, banned from flying for no good reason. And now they can't get off.

Four of them are U.S. veterans.

CNN's Jason Carroll joins us live from New York with more on this.

So, Jason, this has to be pretty frustrating especially when you think you're about to fly and then come to find out you can't.

JASON CARROLL, CNN NATIONAL CORRESPONDENT: Right, it's got to be embarrassing, frustrating, all sorts of things, Fredricka.

You know, imagine arriving at the airport. You've never done anything wrong and you don't plan to, yet you're told that you cannot board the flight and no one will tell you why or how to fix it. That's the situation that former Marine Abe Mashal found himself in. He was heading to Chicago to -- headed from Chicago to Spokane for his dog training business. Federal agents surrounded him and told him he could not go. He later found out that he was on the "no fly" list.

And months later, Fredricka, he says the FBI offered to get him off the list in exchange for being an informant at his local mosque. He declined that offer. He's now one of 15 people who along with the ACLU are suing the government over the "no fly" list. A lower court threw out the case. But an appeals court heard arguments yesterday in Portland, Oregon. Mashal says that being on the list has really hurt him and has hurt his family and his business.

(BEGIN VIDEO CLIP)

ABE MARSHAL, U.S. MILITARY VETERAN: Well, it's very troubling. You know, it's a major inconvenience. It's -- especially for somebody with a family. And that's exactly why I joined the lawsuit because, I mean, hopefully my effort prevents it from happening to somebody else one day.

(END VIDEO CLIP)

CARROLL: Well, a source told CNN in January that the "no fly" list has ballooned to 20,000 people as government agencies begin to share more information. The government says that this list is vital for keeping the country safe from terrorism. And since the list has been created they've taken steps to improve the accuracy of it. A court spokesman says a decision will be forthcoming very soon. Possibly -- that's at least what we're hearing. But at the end of the day they could not tell us specifically when -- Fredricka.

WHITFIELD: So, then, Jason, aside from a lawsuit, if you find yourself on the "no fly" list, what's the process to try and get off that list?

CARROLL: Well, you've got to have access to the Internet, because here's what you have to do. In fact I tried some of this. You go to the TSA Web site. And you go to something called a redress process terrorism screening. There's actually a little link there that you can click on. Once you've clicked on that link you're given a number. And you explain what the problem was. And then you have to keep checking back using this number to determine whether or not a decision has been made about your status.

But at the end of the day the attorneys representing these plaintiffs say that's not adequate. What they want is some sort of independent situation that is out there for people to be able to access, to be able to go through this process and get some sort of justice. But as it stands right now, that is the only way you do it. You go online, submit a number, and hope that the government decides in your favor.

WHITFIELD: Yes. And likely that decision doesn't come in a matter of days. It may take a long time and you have to have a whole lot of patience.

All right. Jason Carroll, thanks so much in New York.

CARROLL: You bet.

WHITFIELD: All right, big news, everyone is anticipating it for the next week. Facebook about to go public. The company will sell 337 million shares of stock at $28 to $35 a share. It could be the biggest IPO in history.

So should you buy Facebook shares? Or maybe the better question is, can you buy Facebook?

Christine Romans reports inn this week's "Smart is the New Rich."

(BEGIN VIDEOTAPE)

CHRISTINE ROMANS, CNN BUSINESS CORRESPONDENT (voice-over): Suits meet the hoodie, Facebook's Mark Zuckerberg gets rock star treatment on his company's road show but should he get your money when his company goes public?

Facebook will price that IPO between $28 and $35 a share.

RYAN MACK, PRESIDENT, OPTIMUM CAPITAL MANAGEMENT: Wait about a month after the stock has been released. The mutual funds and the institutional investors are going to be the major ones buying the stock. So when the stock actually opens I do believe it's going to come in probably between $90, maybe even $100 a share when it actually gets released. So let the hype go -- let go down. Let the euphoria go down. ROMANS: Because a lot of rich people get in before you ever will. Investment banks underwriting the IPO gets the first crack at shares. They sell them to their best clients. Hedge funds, big money managers and insiders. They get that IPO price. Then retail investors, the little guys. They get their shot dead last.

ETrade is an underwriter of the IPO and eTrade will have some shares available. TD Ameritrade and Charles Schwab, too.

(On camera): Limit order. Two words, if you're going to try to buy the IPO. Limit order.

MACK: What's your price, what's your budget, and that's going to be very valuable, especially limit order to make sure the system -- you limit the price in which you're willing to pay on a particular stock.

ROMANS: The most famous investors will not buy the Facebook IPO.

WARREN BUFFETT, CHAIRMAN, BERKSHIRE HATHAWAY: I can't recall in my life buying a new offering. The idea that something coming out, say, on a Monday, that's being offered with significant commissions, all kinds of publicity, everything, the seller electing the time to sell is going to be the best single investment that I can make in the world among thousands of choices, that's mathematically impossible.

ROMANS: Before obsessing about an IPO, make sure you're maxing out your 401(k), your balance properly, and have the right mixed of investments. That's a sure bet.

Christine Romans, CNN, New York.

(END VIDEOTAPE)

WHITFIELD: An abused woman sentenced to 20 years in prison for firing a warning shot. At least one lawmaker is saying the prosecutor overcharged the woman. Our legal guys will share their thoughts in this case.

And if you are leaving the house right now, just a reminder, you can continue watching CNN from your mobile phone. You can also watch CNN live from your desktop. Just go to CNN.com/TV.

(COMMERCIAL BREAK)

WHITFIELD: After days of testimony a very emotional moment for Jennifer Hudson. Yesterday a Chicago jury found the former brother- in-law of the singer and actress guilty of murdering Hudson's mother, brother, and 7-year-old nephew. He will be sentenced to life without parole.

Hudson broke down in the courtroom when she heard the verdict. She and her sister later released a statement that they hope William Balfour will repent someday for his crime.

The case of a Florida woman sentenced to 20 years for firing a warning shot is stirring strong emotions. Marissa Alexander says that she was trying to scare off her abusive husband during an altercation. A U.S. congresswoman, Corrine Brown confronted prosecutor Angela Corey after the sentencing.

(BEGIN VIDEO CLIP)

REP. CORRINE BROWN (D), FLORIDA: My feeling is that your office initially overcharged her in this case. This is my feeling. This is my feeling.

(CROSSTALK)

BROWN: We can't try it here.

ANGELA COREY, FLORIDA SPECIAL PROSECUTOR: Yes, ma'am. That's why we're asking that it not be tried now. And that if the facts are going to be put out -- and I told Mr. Lincoln Alexander I wanted to sit down with him. You can't tell people -- madam --

BROWN: I understand. I get that. There is no justification for 20 years.

(END VIDEO CLIP)

WHITFIELD: It's a tough case. So let's bring in our legal guys, Avery Friedman is civil rights attorney and law professor in Cleveland. Good to see you.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi, Fredricka.

WHITFIELD: And Richard Herman, a New York criminal defense attorney and law professor joining us from Las Vegas.

Good to see you as well.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fred.

WHITFIELD: All right. This is -- this is really something else. Because this is a different stand your ground kind of case, taking place in Florida. Marissa Alexander, you know, says she fired that warning shot to scare her husband, then she ended up facing aggravated assault charges, was convicted, sentenced to 20 years for that act.

Avery, what went wrong here in the case of her defense?

FRIEDMAN: My -- you want a laundry list? Fredricka, this is terrible. Number one, it does call into question the issue of stand your ground. I mean if stand your ground has any meaning at all, it is when a degenerate husband or man decides to try to beat up a woman, that's when -- and in this case Miss Alexander did what she should have done.

She didn't shoot the guy, she fired at him as a warning, and now she's convicted of attempted murder. And because of mandatory minimum sentencing in Florida, Fredricka, this is a 20-year sentence even without any prior conviction.

WHITFIELD: Wow.

FRIEDMAN: It really is a miscarriage of justice. Terrible.

WHITFIELD: And so -- so Richard, why was this a failure in a stand your ground, you know, defense. Why does it not work in her case, even though it had already been substantiated that she was abused, even the husband admits to abusing her and others several times?

HERMAN: Right, Fred. The biggest failure here was her lawyer. Horrible legal representation. Stand your ground says that you do not have to withdraw. You do not have to withdraw. If you are in serious fear of imminent harm or death, you can stand your ground and shoot.

What happened here, Fred, was she had walked out of the house with the gun, went to her car. Realized she forgot her keys, went back into the house, and that's when she did that. That was the problem. The jury did not believe she was in reasonable fear of harm because she actually went back into the house. And that's why this jury came back fast.

Twelve-minute verdict here, Fred. There was no discussion. Horrible. She had a three-year deal on the table. She rejected it. Horrible legal representation, I think.

WHITFIELD: So is there any recourse? You heard the congresswoman who said this was a case of being overcharged. That this woman, Marissa Alexander, was overcharged from the very start. Can that be enough -- can that be grounds for an appeal, Avery? Might her attorney be able to argue that or is it just too late to argue overcharged --

(CROSSTALK)

FRIEDMAN: Well, yes. Yes, it's too late. Look, she was convicted beyond a reasonable doubt. I understand what the congresswoman did, that perhaps it was an overcharge, but it didn't matter, whether it was lousy defense work, whether the prosecution did a great job, whether the witnesses were credible or not, on the facts this case has very little chance of reversal on appeal.

And again, the legislators in Tallahassee have taken away discretion from the judge. It's 20 years or nothing. It shouldn't be that way.

WHITFIELD: Yes.

FRIEDMAN: Judges should have discretion and Florida is not giving it to them.

WHITFIELD: And then I wonder, Richard, real, you know, quick on this one because we do have another case I want to get to, the John Edwards trial.

HERMAN: Right.

WHITFIELD: But in this case, you know, this was perhaps a prelude to what is going to be another high-profile case of stand your ground involving George Zimmerman, the Trayvon Martin case. Is this any kind of prelude about, you know, kind of the appetite or the feeling of the stand your ground defense in the state of Florida or in the courtroom?

HERMAN: I don't think so, Fred. At the end of the day I don't think Trayvon Martin is going to be a stand your ground case. I think it's going to be a self-defense case. But here all they charged, Fred, was aggravated assault. The shooting of the gun was the aggravating factor. So that brought 10 years for assault, 20 years if it's aggravated. It's aggravated by the use of a gun. They didn't charge her with murder.

WHITFIELD: OK.

HERMAN: You know, or attempted murder so that's the problem in this case.

WHITFIELD: Yes. OK. Now let's talk about the John Edwards case. And now the defense is going to be presenting its witnesses next week. You know, John Edwards' attorneys tried to get this case dismissed. The judge said, no, forget about it, we're going to continue on. So I have to wonder, you know, Richard, does this -- does even that refusal of a dismissal, does it in any way impact the jurors' point of view or how the case will move forward at this point?

HERMAN: Fred, the jury probably does not even know that they made a motion to dismiss the case. And that's a pro forma motion that's made --

FRIEDMAN: That's right.

HERMAN: -- every time a government rests its case. But John Edwards must make a deal. He must cut a plea deal right now. He is going to be convicted if he does not. I believe that. And if he doesn't make a deal, Fred, I think he is such an ego maniac, I think he will absolutely get on the witness stand and try to persuade the jury.

WHITFIELD: Really? You do?

(CROSSTALK)

HERMAN: Yes.

FRIEDMAN: What?

WHITFIELD: That will be something else.

FRIEDMAN: Oh, my goodness.

WHITFIELD: Well, so, Avery, do you believe that the prosecutors have done a good job trying to establish proving that he misused campaign funds, that he should be cutting a deal at this point? He has no recourse?

FRIEDMAN: Well, on the one hand, I don't think -- I think they're missing pieces. The key evidence, Alex (INAUDIBLE), the attorney who said that Bunny Mellon gave him money for personal reasons not for the campaign. Should he cut a deal? Look, the evidence has really made the jury hate John Edwards. But if Abbe Lowell, the attorney, makes the argument to the jury in summation that look at what this is, the pieces are missing. Now the defense is coming up this week, Fredricka, so we're going to -- learn a lot more.

And I've got to tell you, honestly, I have flip-flopped on this case.

WHITFIELD: Really?

FRIEDMAN: First I thought not a chance. This past week was good. Let's see what happens this week when we -- when we review this next Saturday.

HERMAN: Fred -- Fred, it's --

(CROSSTALK)

WHITFIELD: Prosecutors didn't call Rielle Hunter.

HERMAN: Fred, it's -- Fred.

WHITFIELD: Would the defense?

HERMAN: No.

WHITFIELD: No.

HERMAN: Not going to. I don't think so.

WHITFIELD: But she escaped this.

HERMAN: Fred, listen. The entire defense was this was to protect his wife from knowing. He got winded this during the Iowa caucuses, Fred.

FRIEDMAN: That's right.

HERMAN: He gave the word, shut her up, move her, get rid of her. That's because he was running for president. Had nothing to do with his wife.

FRIEDMAN: No, because he --

(CROSSTALK)

HERMAN: His wife knew about her.

FRIEDMAN: Right.

HERMAN: It's the defense fails. The defense fails. His wife knew all about Rielle Hunter. The defense fails, Fred. I'm telling you, the jury is not going to buy it. This guy wanted to be president, he wanted to Supreme Court justice.

FRIEDMAN: Because they don't like him. That's just the evidence.

HERMAN: He was using that. He wanted to shut her up because he knew that information would destroy his presidential --

WHITFIELD: And that's going to be interesting, whether it -- and whether it's the case, like you said, Avery, are, you know, are jurors --

FRIEDMAN: If I'm going to have to, Fredricka --

(CROSSTALK)

WHITFIELD: Are jurors going to make a decision they don't like this man or is it the case that they're are going to see that there's evidence to support the prosecution's case.

FRIEDMAN: And that's where it's going to turn, right there.

WHITFIELD: All right. We're going to hear you -- hear from you again on other cases coming up. About 20 minutes from now we're going to talking about who's suing Southwest --

FRIEDMAN: Sorry about that.

WHITFIELD: That's OK. It's good. We're going to hear about a woman who's suing Southwest Airlines a second time after she claims that she was told that, you know, she was too fat to fly, they said.

And the south has been having really wet and wild weather this week. We'll tell you what the forecast is looking like throughout the weekend.

But first, on this Mother's day weekend, I want to introduce to you a woman who has made a big difference in the lives of lots of children after losing her own son in a drowning accident. Meet CNN Hero Wanda Butts who started a nonprofit that teaches minority kids how to swim.

(BEGIN VIDEO CLIP)

WANDA BUTTS, CNN HERO: Just went to spend the night with friends. I had no clue that they were coming to (INAUDIBLE). Right about here is where Josh was, where the raft capsized, and he went down. It's very hard for me to believe that just like that my son had drowned and he was gone.

My father instilled in us the fear of water, and so I, in turn, didn't take my son around water. Children don't have to drown.

My name is Wanda Butts. I save lives by providing swimming lessons and water safety skills. African-American children are three times more likely to drown than white children. That's why we started the Josh Project, to educate families about the importance of being water safe.

UNIDENTIFIED MALE: Take the ring, and throw it right at the victim.

BUTTS: Many parents they don't know how to swim.

UNIDENTIFIED FEMALE: He was afraid of the water. He's the first in my family to learn how to swim. He came a long way from not liking water in his face to getting under.

BUTTS: I'm so happy to see that so many of them have learned how to swim.

Good job. That's one life we saved.

It takes me back to Josh and how the tragedy was turned into triumph and it makes me happy.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

WHITFIELD: All right. Lots of rain in the southeast. Of course we needed it. But my gosh, we're talking, what, maybe three weeks away from hurricane season? And this is looking like hurricane season kind of pattern.

REYNOLDS WOLF, CNN METEOROLOGIST: I have to tell you, this happened to be at a time of year, maybe in August or even September. This might be a little bit worth -- a much -- much closer glance.

WHITFIELD: Yes.

WOLF: But I'll tell you, we have had some heavy rainfall. In fact, take a look at this. Let me show you some of the rainfall. Sorry, Fred, didn't mean to push you away here.

(WEATHER REPORT)

WHITFIELD: Very nice temperatures throughout pretty much.

WOLF: Could be worse.

WHITFIELD: Yes, you're right about that.

WOLF: You better believe it.

(LAUGHTER)

WHITFIELD: All right. Thanks, Reynolds. Appreciate that.

A woman sues Honda over the mileage of her hybrid car and wins. But then Honda wouldn't go down without a fight. Now a judge reverses the decision. Our legal guys will be weighing in on this one.

But first this week "Fortune" magazine is out with its list of the top 500 companies. Two of the businesses who made the cut are run by sisters.

(BEGIN VIDEOTAPE)

WHITFIELD: Two of the most powerful women in business are keeping it all in the family on the "Fortune 500" list. Frontier Communications CEO Maggie Wilderotter, and Campbell Soup's CEO Denise Morrison are sisters, 13 months apart. They are the eldest of four daughters, all of whom followed in their father's footsteps and became executives. They attribute part of their success to their mother teaching them that, quote, "Ambition is a part of being feminine."

(END VIDEO CLIP)

(COMMERCIAL BREAK)

WHITFIELD: The U.S. Justice Department plans to sue Arizona Sheriff Joe Arpaio over alleged civil rights violations. According to the civil complaint the sheriff's office has displayed a pattern of discrimination against Latinos which includes racial profiling, unlawful detention and searches, unlawful targeting of Latinos during raids.

Arpaio spoke with CNN's Don Lemon yesterday and says the lawsuit is politically motivated.

(BEGIN VIDEO CLIP)

SHERIFF JOE ARPAIO, MARICOPA COUNTY, ARIZONA: Thirty years of my life fighting the drug traffic with the Justice Department, now they are going after me because I'm following a law I took an oath of office to do. And they want to get rid of this sheriff, want to monitor my office, take over my office for political reasons and I'm not going to stand for it.

(END VIDEO CLIP)

WHITFIELD: Sheriff Arpaio and the legal maneuvering around him has been of keen interest to our legal guys for sometime now.

Avery Friedman in Cleveland and Richard Herman back.

Richard, you first, what is Arpaio's best defense against the U.S. Justice Department?

HERMAN: His best defense, Fred, is that he's following the letter of the law. He's not going outside the boundaries of it. Everything he did was consistent with the powers that he has. And he did nothing wrong.

Immigration is a very difficult situation in his state. And he's doing everything he can to enforce it and make the people of Arizona safe. That's what his defense is going to be.

WHITFIELD: Avery, what do you see?

FRIEDMAN: Yes. Even Richard doesn't buy that one. Look, look, the fact is that the statistics really make this case. Joe Arpaio better hold on to some of that pink underpants that he goes out and buys and look due west because that's where the sun sets. This is a dead bang winner for the Department of Justice. It is the end of Sheriff Joe Arpaio.

WHITFIELD: Really?

FRIEDMAN: That's it. Finished.

WHITFIELD: OK. All right. We will see because we're still, you know, kind of at the tip of the iceberg on that case, aren't we?

All right, let's move on to something --

FRIEDMAN: Absolutely.

WHITFIELD: -- else and this involves, you know, kind of too big to fly kind of case. The woman's name is Kenlie Tiggeman. I think I'm pronouncing that properly. She's from New Orleans. She says, you know what, I've tried to fly Southwest at least a couple of times now. And they have discriminated against me because they say, in her words, she's too fat to fly.

So she's suing the airline because it's happened more than once. But the airline says, you know what, we have a policy. A policy on the customer's size.

So Avery, you know, she's asking that they change their policy. What are the chances of that?

FRIEDMAN: Yes. You know what, I wonder how many guys from the NFL and NBA get tossed off from Southwest when they fly. Maybe it is because she's too heavy. She claims her lawsuit filed in Lafourche Parish that her constitutional rights have been violated. Well, unfortunately there is no constitutional right to be on an airplane if you're heavy. Even Southwest I don't think knows what they're doing. They let her on, let her off, they apologize, they denied her.

The bottom line is this case has about as much chance as Sheriff Joe in federal court. It's going to be dismissed.

WHITFIELD: And Richard?

HERMAN: Yes. If you close your eyes, Fred, that's what she's going to receive in this case, nothing. She's getting nowhere on this.

Southwest, look, they have policies in place. They tried to enforce these policies. You have to buy a seat next to you. They'll give you a discounted fare. If the plane is not full, they'll give you the seat for free. But Fred, you've flown. Avery, you've flown. You know what it's like when you're being encroached, and -- look, I don't know what to say here.

FRIEDMAN: Yes.

HERMAN: Maybe some of the policies, you know, it happens when they are checking on. When the woman goes to sit on the plane, when she runs her ticket, and the agent stands there and sees her, and then has to confront her in front of everybody. I mean that's kind of humiliating.

(CROSSTALK)

FRIEDMAN: It's an embarrassment. It's an embarrassment. HERMAN: Yes.

WHITFIELD: Southwest has released this statement saying, you know, quote, "We realize that it's a sensitive conversation and we train our employees to approach the situation as discreetly as possible. The policy is designed for the safety and comfort of all passengers on board the aircraft. And the best-case scenario is for the customer to notify us of any special needs ahead of time."

What would be the modification if they were to change their statement, you know, or their policy, what would it be? What do you suppose would, you know, appease this passenger?

FRIEDMAN: Only be more discreet, I think. That's about it. You can only be more discreet because the fact is how are you going to judge everyone coming on? I mean if it's an NBA player or if it's a woman who's 5'4" and she weighs 400 pounds. I mean how is that going to work? It's just -- it's just not going to.

WHITFIELD: OK.

FRIEDMAN: It's not going to work.

WHITFIELD: Let's move to another case of a woman taking on a very big company, taking on Honda. And at first she actually succeeded. Heather Peters at first was awarded by the court $10,000 after convincing the court that Honda overstated the mileage of her vehicle. But then, you know, Honda said oh, no, we're not going to take this one lying down. They challenged it.

A superior court judge said that Honda was right in posting the EPA fuel economy ratings and has now reversed the decision.

So, Richard, in the end, instead of her receiving $10,000 from Honda, now she actually has to pay some of the court cost, $75 in court fees. Ouch. This is really a painful, I guess, encounter for her.

HERMAN: What a rip off, Fred. What a horrible decision here. What a tip to big auto.

FRIEDMAN: What?

HERMAN: That's what happened here.

WHITFIELD: Yes?

HERMAN: She went to -- yes, absolutely. She went to small claims court and she said listen, I bought this car based on your express representations of mileage. I got nowhere near that mileage. I want to sue you. And the judge said, yes, you're right. You win. Here $10,000. So they appealed the court and a superior court judge says, well, you know, Honda did not misrepresent. All Honda did was represent what the federal regulations are.

That's BS, Fred. This woman won her case. She won $10,000.

FRIEDMAN: No. My goodness.

HERMAN: She should not have to get --

WHITFIELD: So that the Superior Court --

HERMAN: She should not get wiped out.

(CROSSTALK)

WHITFIELD: The superior court the wrong person or the wrong body, you shouldn't be taking on Honda, she should have instead challenged the EPA. That's what that reversal decision really says, doesn't it?

HERMAN: Well, no --

FRIEDMAN: I'm not sure I agree with that.

(CROSSTALK)

FRIEDMAN: It was -- the fact is that Judge (INAUDIBLE) wrote this opinion, said, look, this was a slogan, it was a promise. And I thought it was a righteous case. Actually I thought Richard thought the whole thing was a phony deal at the beginning, and now sounds like he's, you know, he's being her pal. But I actually think the judge made the right decision. I think it was a righteous effort, I think it was, you know, an honorable effort on the part of Miss Peters to do this.

But Fredricka, the judge was right. This is not a promise. It's EPA, it's not Honda, a right decision. There's no appeal if you go to small claims, the case is over. Now there's 1700 other small claims cases out there and they are probably going to be dismissed also.

WHITFIELD: Wow, that hurts.

FRIEDMAN: Yes. Not going to make a lot of people happy.

WHITFIELD: Well, and she was --

FRIEDMAN: Honda is happy. But not --

WHITFIELD: I guess she made a conscientious decision not to be part of that, you know, class action suit. But in the end, you know --

FRIEDMAN: Yes.

WHITFIELD: -- while she had scored a little victory, she ended up being very disappointed.

HERMAN: The big (INAUDIBLE) has got $100.

WHITFIELD: Yes.

FRIEDMAN: Yes.

WHITFIELD: In fact she said she was please with the court's -- HERMAN: Yes. In the class action.

WHITFIELD: She was pleased with the court's decision which affirms that Honda was truthful in its advertising of the fuel economy potential of 2006 Honda Civic but she says, you know, she's also very disappointed that in the end she ends up getting nothing.

FRIEDMAN: Well, sure.

WHITFIELD: All right.

FRIEDMAN: And she's got to pay court cost on top of that.

WHITFIELD: And she's got to pay $75.

FRIEDMAN: How humiliating.

WHITFIELD: That really stinks.

FRIEDMAN: You bet.

WHITFIELD: All right. Thanks so much, guys.

FRIEDMAN: You bet.

WHITFIELD: We've got a couple of other, you know, cases --

HERMAN: Hey, Fred.

WHITFIELD: Yes, case is closed. What?

HERMAN: I just want to wish you and Alyssa (ph) and my mom and all the mothers out there a very Happy Mother's Day.

WHITFIELD: Thanks so much. I almost forgot about that --

(CROSSTALK)

FRIEDMAN: That's very nice. And all the mothers in America. Absolutely.

WHITFIELD: Thank you. All right. Happy Mother's Day to all the mothers in your life.

HERMAN: And the grandmother's, too.

WHITFIELD: Of course.

FRIEDMAN: Sure.

WHITFIELD: Of course. All right. Happy Mom's Day to all of them, too.

All right, thanks, guys. Good to see you.

A couple of cases closed now we want to share with folks. Supermodel Linda Evangelista gets a settlement. According to the reports that she reached an undisclosed deal with her billionaire ex-boyfriend Francois-Henri Pinault over a child support for their 5-year-old son in court. Evangelista said she wanted $46,000 a month to raise her son. Still unclear how much she gets.

Also the Florida polo magnet who had adopted his girlfriend to help protect his fortune is sentenced to 16 years. John Goodman was convicted in the drunk driving death of Scott Wilson. Goodman's lawyers say they will appeal.

JPMorgan Chase fesses up saying it lost $2 billion in just six weeks. It's a drop in the bucket for the bank. So what is the big deal?

And if you have to go out today, just remember you can continue watching CNN from your mobile phone. You can also watch CNN live from your desktop. Just go to CNN.com/TV.

(COMMERCIAL BREAK)

WHITFIELD: JPMorgan Chase comes clean saying it lost $2 billion in risky trades. Now it's dealing with the aftershocks. Its credit rating is taking a hit.

Hala Gorani breaks down what happened and the fallout.

(BEGIN VIDEOTAPE)

HALA GORANI, CNN CORRESPONDENT (voice-over): How did JPMorgan, the largest U.S. bank by assets, lose $2 billion in six weeks? Bank officials aren't releasing details yet but it appears the loss is tied to a series of risky bets in the derivatives market specifically credit default swaps. The bank bet the market would go in one direction. Instead, it went in another.

KATY BURNE, REPORTER, DOW JONES: Now we're looking at, you know, $2 billion paper trading loss, actually slightly over $2 billion, more like $2.3 billion. Who knows what the rest of the year will hold. But so far it's a gravy train for hedge funds.

GORANI: Katy Burne first wrote about this in the "Wall Street Journal" last month. The Journal" says the JPMorgan trader, dubbed the London whale, had taken a large position in the credit default swap market this. Only this time the swaps were tied to corporate bonds instead of home mortgages that caused the 2008 crisis. Regulators say this is further proof that banks have no business making these kinds of risky, multi-billion dollar bets.

BURNE: Definitely brings back memories of the crisis. And this is the sort of thing that Jamie Dimond and all the (INAUDIBLE) are saying we shouldn't have as much regulation as what is going on right now and definitely trying to soften and regulate (INAUDIBLE) of everything. And this is -- this is vindication for regulators.

GORANI: Hala Gorani, CNN, Atlanta.

(END VIDEOTAPE) (COMMERCIAL BREAK)

WHITFIELD: All right. Every week we bring you unique trends for travel. Today Rob Marciano tells us about a new way to take a trip. Go on vacation without knowing exactly where you're headed.

(BEGIN VIDEOTAPE)

ROB MARCIANO, CNN CORRESPONDENT (voice-over): When Liz (INAUDIBLE) took the mystery trip she didn't expect to be soaring above the trees in Hawaii.

UNIDENTIFIED FEMALE: I actually had never done zip lining before, believe it or not. .

TODD BRADWAY, MYSTERY TRAVELER: Neither had I.

MARCIANO: From zip lining to surf school each day a new activity was revealed. Even their destination was a surprise.

MARK ORWOLL, TRAVEL AND LEISURE: In a mystery trip they don't tell you exactly where you're going to go or what the extras are, or what hotel exactly you'll be staying at.

MARCIANO: Most mystery trip planners try to make sure the adventure matches your personality. One even gives a quiz to determine a travel sign.

BRADWAY: We both came up as a barbarian when we took the quiz.

UNIDENTIFIED FEMALE: And that sign is people who love to travel to the ends of the earth basically.

MARCIANO: Taking a chance can also help you save some money.

ORWOLL: For example, Luxury Link Online, they offer options for destinations. They don't tell you exactly where you're going to go. But you can get a great value for a very little amount of money.

MARCIANO: And with an open mind a mystery trip can be worth the suspense.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

WHITFIELD: Hey, Prince Charles may want to consider adding another title to his name. Meteorologist. He delivered the weather forecast at a BBC station this week. And the video is now a huge hit. Hundreds of thousands of people have viewed it online.

(BEGIN VIDEO CLIP)

PRINCE CHARLES, UNITED KINGDOM: The best of the drier and brighter weather will, of course, be over Northern Isles in the far north of the mainland. So a little hazy sunshine for the (INAUDIBLE). But the cold everywhere with temperatures just 8 Celsius and a brisk northeasterly wind. Thank God it isn't a bank holiday.

(END VIDEO CLIP)

WHITFIELD: I think his popularity points just went up.

All right, coming up in the 2:00 Eastern hour today, are the long commutes killing you? New information on the health hazards of traffic jams.

Also a bizarre story out of North Carolina. Someone is poisoning the mascot dogs of North Carolina State. We'll get details about this mystery.

And the summer travel season is just around the corner. We'll have tips on how to avoid time share scams. I'm Fredricka Whitfield. "YOUR MONEY" starts right now.