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More Than 280,000 Still Without Power in Northeast; CIA Director Petraeus Resigns; Syrian Civil War Spills Over the Border Into Turkey; E-Mail Probe Uncovered Petraeus Affair; Attorney Charged with Helping Drug Cartel; Survivors Face Jared Loughner; No Federal Charges for Bernie Fine; Japan's Massive Clean Up at Fukushima; Veteran's Symphony of War Played Decades Later

Aired November 10, 2012 - 17:00   ET

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


DON LEMON, CNN ANCHOR: Hello everyone, I'm Don Lemon. Thank you for watching. We're going to get you up to speed on the headlines. We're going to begin with the president -- the persistent, excuse me, misery in the northeast. More than 280,000 people without power, 12 days after superstorm Sandy made landfall. New Jersey Governor Chris Christie says he expects power to be almost fully restored by the end of the day to customers in his state. But some people are tired of waiting on promises from officials.

(BEGIN VIDEO CLIP)

KENNETH GONZALEZ, QUEENS, NY RESIDENT: It is like Armageddon or something, they just forgot about us, you know? How are we to survive?

(END VIDEO CLIP)

LEMON: Power companies across the region insist storm victims are their number one priority. Live report in just a moment.

Our other big story, we're tracking new developments about the surprise resignation of CIA Director David Petraeus. A U.S. official tells CNN that Petraeus's affair first came to light because the FBI looked into a complaint that his biographer was sending harassing e- mails to another woman who was close to Petraeus. We'll have more information about the Petraeus resignation also in just a few minutes.

With the election over, the Pentagon has released the timeline of the attack on the U.S. consulate in Benghazi, Libya. Four Americans were killed in the assault. The hour-by-hour timeline shows how top Pentagon officials were informed of the attack less than an hour after it started. The White House has been criticized for its response to the assault.

A computer technician has been found guilty of helping leak Vatican secrets to the media. A Vatican court today gave the computer expert a two-month suspended sentence. That means he won't actually go to prison unless he commits another offense. He was convicted of helping Pope Benedict's former butler leak sensitive documents. The butler is serving 18 months behind bars.

The United Nations has declared today Malala Day, in honor of the 15- year-old Pakistani girl whose bravery has inspired the world. Rallies and vigils have been taking place all across Pakistan for the teen. One month ago, Malala Yousafzai was shot in the head by Taliban militants, just for saying girls should be able to go to school. Malala is recovering at a British hospital. And in this video, her father is showing her some of the get-well letters that have poured in.

First, there was Sandy. Then a nor'easter. Residents in the northeast, well, they just can't get a break. Some have suffered in the cold and in the dark for 12 days now. 280,000 customers remain without power across the region as they continue to wait on big promises from officials for an end to the power outages. FEMA has announced that more than $400 million in assistance has been approved for victims, and is already in the hands of survivors or the other the way -- on the other way -- on the way, excuse me.

CNN' Susan Candiotti joins us now. She is in a Rockaway Beach neighborhood. She is in Queens. Susan, how are people there getting along?

SUSAN CANDIOTTI, CNN CORRESPONDENT: Oh Don, this is where you don't want to be living when the power goes out. Behind me, a 22-story high rise where a lot of seniors live. There are no working elevators. And as we found out, the only way up and down is one step at a time.

(BEGIN VIDEOTAPE)

CANDIOTTI: All bundled up, Albina Williams manages a smile before the seventy-year-old, yes, seventy, makes a twice daily climb up six flights, dragging four gallons of water in a grocery cart and a bucket to her apartment.

Is it OK if I help you?

ALBINA WILLIAMS, RESIDENT: Yes.

CANDIOTTI: You're using this for what?

WILLIAMS: Flushing the toilet.

CANDIOTTI: I can't imagine how you carry that and this. This is the third floor, right? Do you need to rest?

WILLIAMS: Yes.

CANDIOTTI: Now, catch your breath. You're going all the way up to the 16th floor?

UNIDENTIFIED FEMALE: Every day. Want to see my gallons? Look.

CANDIOTTI: Albina, I'm going to try to pull this lady's bag up to there, too. Plus the bucket. I don't know how you ladies do it. OK, this is floor five.

WILLIAMS: Thank you.

CANDIOTTI: Up we go, up we go. OK, we made it. This is the sixth floor, all right, Albina, how is your breathing right now?

WILLIAMS: Tired.

CANDIOTTI: You're OK?

WILLIAMS: I'm tired. I'm really tired. It's really rough.

CANDIOTTI: What is it like at night? What are the sounds that you hear? What goes through your mind?

WILLIAMS: You know, I just try to steady my mind. And just focus on God.

CANDIOTTI: What was it like the night of the storm?

WILLIAMS: Oh, it was horrible, because the light -- the television goes off, just like that.

CANDIOTTI: And then what?

WILLIAMS: Darkness. No light. No water.

CANDIOTTI: Albina, I have to tell you, I'm feeling your hands right now. Your hands right now are frozen.

WILLIAMS: Yes.

CANDIOTTI: They are so cold. And this is during the daytime when there is light in here.

WILLIAMS: I put this on. Then, this is the stuff. And then I put this over it. And the -- this now I put the pants under. And put this over it.

CANDIOTTI: Oh.

WILLIAMS: And then, this -- comforter.

CANDIOTTI: After putting on all those layers and underneath the comforters and all the blankets, is it enough?

WILLIAMS: I keep warm.

CANDIOTTI: You have managed to keep warm. Well, I'm glad it is working, but how long do you think you can go on like this?

WILLIAMS: I have no idea. There for the bathrooms.

CANDIOTTI: When you ask them how long will it take for the power, what do they say?

WILLIAMS: They're not saying anything more, they say they don't know. Maintenance say they don't know. I'm not hearing nothing.

CANDIOTTI: Albina, what is getting you through all of this?

WILLIAMS: God is giving me strength.

CANDIOTTI: He is giving you strength?

WILLIAMS: Yes, God is giving me the strength. And the only God giving me the strength, I'm telling you. Because if it was not him, I couldn't pull through this. God is good.

CANDIOTTI: Albina, I wish you a lot of luck, and I hope the power comes back soon.

WILLIAMS: Thank you.

CANDIOTTI: All right, take care.

(END VIDEOTAPE)

CANDIOTTI: Residents are getting some help. The National Guard and a lot of volunteers have been delivering some food and supplies. But until that power comes back, Don, every day and night are excruciating.

LEMON: Absolutely, and very good reports as you took us right into the building and the lives of its people. Speaking of the building, what is the building doing to help these people?

CANDIOTTI: Well, you know, the owner, we're told by the superintendents, say they can't get their hands on a generator to try to power this building. And they have asked FEMA to come up with a generator. They have been promised one. They have been waiting for at least two days. They keep waiting and waiting and waiting, but still no generator. They hope they get it. In the meantime, about 50 seniors that live here who had to get out to get medical care were walked down the stairs by helpers and volunteers in wheelchairs and the like and are now in hospitals, until things get better.

LEMON: Susan Candiotti, Susan, thank you very much.

The revelation that now former CIA Director David Petraeus was having an affair first came to light as part of an e-mail investigation. Officials tell CNN that a woman close to Petraeus complained that this woman, Paula Broadwell, was sending her harassing e-mails. Broadwell spent a year with Petraeus in Afghanistan, writing a biography. When her book was published, she came on CNN and we talked about revelations between -- excuse me, relations between U.S. and Afghan troops.

(BEGIN VIDEO CLIP)

PAULA BROADWELL, PETRAEUS BIOGRAPHER: Well, I think that is taking it a little bit too far. There isn't a bull's eye on the back of every one of our service men and women over there. In fact, I think a lot of this dialogue is overlooking the very strong relationships that many units have with their partner Afghan units. In the ministries where this happened, in fact, some of their soldiers -- they are typically called Afghan hands -- have great rapport and respect with Afghans. So I think you can't go too far and say there is a target on everyone's back.

(END VIDEO CLIP)

LEMON: CNN intelligence correspondent Susanne Kelly is joining us now. She's been tracking this story since it first broke. This is getting really complicated. What is the latest on this e-mail investigation, and how it led to Petraeus stepping down, Suzanne?

SUZANNE KELLY, CNN INTELLIGENCE CORRESPONDENT: Right, Don. Well, as you just mentioned, we now know from a U.S. official that it was a complaint that Paula Broadwell, the woman who wrote the biography, that you just saw there, was sending harassing e-mails to another woman close to the CIA director, that prompted the FBI to investigate. We also know from that source that the investigation led to the discovery of e-mails between Broadwell and Petraeus that indicated the affair.

Now, that second woman has not been identified, and the official we spoke with didn't know the nature of that woman's relationship with the former director, but more details are coming out about the timeline of events, and when U.S. officials were notified of the circumstances of this investigation, as well, Don.

A senior U.S. intelligence officials tells CNN that the FBI informed the director of national intelligence, James Clapper, about this investigation Tuesday night, election night, just as some polls were beginning to close. And Director Clapper said as a friend, colleague, fellow officer and admirer, he urged Petraeus to step down from his position. We know as well from that intelligence source too, Don, that Director Clapper informed the White House about the investigation on Wednesday, and then of course on Thursday, the president and Director Petraeus met, that's when the letter of resignation was accepted -- well, offered, accepted on Friday.

LEMON: Suzanne, let's talk about this investigation, of sorts. Petraeus was scheduled to testify before a Senate committee about that deadly attack on the U.S. consulate in Benghazi, while Petraeus -- what went on under his watch. Will he testify or not?

KELLY: No, the CIA is going to send the acting director of the CIA now, named by the president yesterday, Michael Morrell. He is a 32- year veteran of the agency. He has seen the agency through every major crisis over the last decade at least in some sort of leadership role. He has been on the Benghazi investigation since the beginning, and I know for a fact he's been very passionate about every development. He has defended the CIA and its role there. He believes in what they've done, and I'm sure that it will be a very interesting exchange when he takes that hot seat, as you mentioned, on Thursday, at the Oversight Committee hearings.

Now there are some members of Congress who still say we want to see David Petraeus in that chair, but it is not really clear if that will ever happen. Right now, it is Michael Morrell.

LEMON: Suzanne Kelly, thank you very much. Ahead, deadly violence in the Gaza Strip, and the tension is rising between Turkey and Syria as a civil war spills over the border between the countries.

(COMMERCIAL BREAK)

LEMON: Palestinians in Gaza are accusing Israel of more deadly violence. Gaza City doctors are treating Palestinians wounded by what they say was an Israeli artillery attack. Medics say tank shells hit a building where hundreds of people were attending a funeral, killing four people and injuring 20 others. Israel says its forces fired on targets in Gaza after an anti-tank shell wounded four soldiers.

Well, few borders in the world are as dangerous as the one between Syria and Turkey. Syria's civil war is a source of major concern. And as CNN's Ivan Watson shows us now, Turks are worried they could be dragged into this brutal war.

(BEGIN VIDEOTAPE)

IVAN WATSON, CNN CORRESPONDENT: The war in Syria is spilling across the border into Turkey. Nervous Turkish soldiers take cover on Friday as gun battles rage just across the frontier between rebels and Syrian government troops. Here, armed Syrian rebels operate just a few hundred yards away from Turkish border guards. This battle on the border has sent hoards of Syrians fleeing to Turkey.

More than 8,000 refugees entered, the Turkish government says, in a single day.

We're carefully monitoring the situation, this Turkish official tells journalists. Two Turks were wounded yesterday, and two more wounded today.

It is easy to see how this happened when you look at the map. Residents describe the Syrian town of Rasal Ayn (ph) and the Turkish town, Jalan Pinar (ph) as basically one city, divided only by a fence. The rebels launched an attack to capture the Syrian side of the border, early Thursday morning, firing rockets and battling street to street. "Surrender, Bashar al-Assad won't save you," a fighter yells to government troops. "Surrender, and you will get safety."

On Friday, rebels claimed victory over government forces and made videos of captured troops as proof.

But across the border in Turkey, few people were celebrating. At a Turkish hospital, residents and police ran for cover when bullets from Syria whistled overhead.

MEHMET ALI BIRAND, REPORTER, KANALD: Syria is coming into Turkey, so how can you handle that?

WATSON: Mehmet Ali Birand is a veteran Turkish journalist and broadcaster. He says many Turks are afraid that the Turkish government's support for Syrian rebels could drag their country into a war with the Assad regime. BIRAND: It is the most unpopular policy of this government. Public opinion doesn't like it.

WATSON: The Syrian conflict?

BIRAND: Yes, they say, what the hell, if the Syrians are killing each other, let them kill each other. Why are we in it? Why are we trying to topple Assad?

WATSON: It is a question more and more Turks are starting to ask, as the refugee exodus grows.

Ivan Watson, CNN, Istanbul.

(END VIDEOTAPE)

LEMON: A shock, totally unbelievable. That's how a lot of people reacted to the news that General David Petraeus was stepping down as head of the CIA after cheating on his wife. My next guest says 30 years ago, this would have never been made into any type of headline. Well, she is going to talk about that next.

(COMMERCIAL BREAK)

LEMON: So if you're like a lot of people who follow the news, General David Petraeus's resignation and his admission that he cheated on his wife was a complete surprise, a total shock. The general was known for demanding the highest standards from the soldiers around him and from himself. Human behavior expert Dr. Wendy Walsh joins us now in Los Angeles.

OK, Wendy, first, the obvious question, he had it all, a great family, amazing career, so why risk everything? He had to know he would get caught eventually, right?

WENDY WALSH, HUMAN BEHAVIOR EXPERT: No, because in this case, we can blame it on the testosterone. Studies have shown that when men get a huge increase in testosterone that comes with a job promotion -- I don't care if it's winning the Super Bowl, winning the Pulitzer Prize, or becoming director of the CIA, or just war even, can raise testosterone levels. Then men tend to rationalize cheating better. Higher testosterone means higher sexual arousal, and then their thinking starts to get a little blurred about what the consequences might be.

LEMON: OK, so if we're built that way, then, then are we fighting against -- against the way we're built, against genealogy (sic), against -- I mean, why are we fighting it against it then, if that's how we are built?

WALSH: Absolutely not, absolutely not. You know, thankfully, Don, most men have women in their culture, too, and women have a whole different agenda, and women help keep men straight in many ways. First of all, women are more sensitive to cheating than men, because back in our anthropological past, if your hunter-gatherer wandered off, then your infants could actually die because of a lack of protection and potential for resources. So it's in our bloodstream to really worry about cheaters and be vigilantly looking for them. Now, you said at the beginning, now 30 years ago this wouldn't have made headlines. Remember, we had an American president who was supposedly having an affair with a major movie star. And the boys club press club, it was sort of nudge-nudge, wink-wink, and it was not reported.

LEMON: When it was happening yesterday, I was on an airplane, and people were watching. And the guy next to me, we sort of looked at each other and said listen, having an affair is definitely not right, it is wrong. But to resign over it? Because it happens all the time. People have affairs obviously every single day, and people who are in positions of power.

WALSH: And if you have ever seen a James Bond movie, it can be a threat to national security. It can. Because as soon as you have these allegiance and alliances, and private, confidential, high secure information could be transferring on the pillow, you know it is a danger zone.

But the main thing that happened here is that the press corps is made up of a lot of women now. Journalism schools are flooded with women these days, because oh yes, we happen to be really good communicators, Don.

LEMON: So it's because of the women he got caught, you said?

WALSH: I think if you are comparing the press corps of today to the one 30 years ago, yes, you can blame it on the women in the media, or those wonderful men who really respect their wives, or maybe the wonderful men who work in the media who are jealous of him. But I think also, look at how he was busted. The woman who he supposedly, allegedly was having an affair with, and some other woman that she felt threatened by enough to harass her. So he has got women coming out everywhere, and he's caught in the crossfire.

LEMON: Can guys ever win with anything? I mean, my goodness, Dr. Wendy.

WALSH: Yes, they can. You get married, you pay your bills, you stay loyal and monogamous.

LEMON: There you go again. Thanks, we appreciate it, Dr. Wendy.

Straight ahead, an earthquake strikes southeast Kentucky, and new details are emerging concerning the resignation of General David Petraeus.

(BEGIN VIDEO CLIP)

LEMON: Don't forget, you can stay connected. You can watch CNN live on your computer, you can do it from work. Just go to CNN.com/tv.

(END VIDEO CLIP)

(COMMERCIAL BREAK) LEMON: As we get closer to the bottom of the hour, we're going to get you up to date on all the headlines right now. First up, Sandy, more than 280,000 people in the northeast still without power, 12 days after Sandy made landfall. New Jersey Governor Chris Christie says he expects power to be almost fully restored to residents by the end of the day. Storm victims are also dealing with huge amounts of debris. Here is Chris Keating from our affiliate, News 12 New Jersey.

(BEGIN VIDEO CLIP)

CHRIS KEATING, NEWS 12 REPORTER: I'm standing along River Road in Belmar, just outside the parking lot for the Belmar marina. This site has officially been turned into the debris field for the city. In here is everything that was taken off the roads in the city, from the boardwalk, furniture, appliances, anything that was inside of houses and placed on the street has now been trucked over to this site. At some point later on this month, all of this debris will be taken out of here and sent to landfills in south Jersey, Ohio, Pennsylvania. Exactly where it goes will be determined by FEMA.

(END VIDEO CLIP)

LEMON: FEMA says more than $400 million in assistance has already been approved for storm victims.

A 4.23 magnitude quake rattles southeast Kentucky this morning. The quake was centered eight miles from Whitesburg, Kentucky. Earthquakes are not uncommon for this area, but people from Ohio to Georgia reported feeling shaking, some more than 300 miles away.

It took a few days, but we now have a winner in Florida, finally. CNN projects that President Barack Obama won the Sunshine State, based on updated vote totals provided just before today's noon deadline.

And we're learning today that an e-mail investigation sparked the surprise resignation of CIA Director David Petraeus. U.S. officials tell CNN that Petraeus' affair came to light because the FBI looked into a complaint that his biographer, Paula Broadwell, was sending harassing e-mails to another woman, who was close to Petraeus.

Let's talk about all of this now with Tom Fuentes. He is a former FBI assistant director, also a CNN contributor. Tom, it is good to see you. Wish it was a better story that we were talking about. But why would the FBI investigate CIA e-mails? Why is this something the agency would handle internally?

TOM FUENTES, CNN CONTRIBUTOR: Because the FBI has jurisdiction if someone uses the Internet to threaten another person. So that is where the investigation began. It was not against Director Petraeus. It was because threats were being received over the Internet. And since they're coming into someone working at CIA headquarters, and particularly in the executive area, that prompted the FBI to go ahead and investigate the threat.

LEMON: OK, so the big concern here, then, that an outsider could have access, quite simply, to sensitive information and intelligence? FUENTES: Well, that is the concern when it starts. But when you look into that, in the CIA or FBI headquarters or any of the intel agencies, often you have dual computer systems so that you can receive outside e-mails because someone might send a complaint over the public Internet service providers. And then of course, you have the classified e-mail systems internally, and they're completely separate. But the fact that someone is receiving a threat at that level, they have to investigate and look at the nature of the threat and look at the person making the threats and start to subpoena that person's records to see if they're threatening other officials or if there is more to the story, who they're connected with.

During that subsequent part of the investigation, that is where they determined the connection between the other woman and General Petraeus.

LEMON: Is there anyone here at risk of criminal prosecution?

FUENTES: From what I'm hearing, no, that the FBI investigation was winding down. They had determined that there had not been a security breach. And that there had been no indication of a criminal violation on the part of Director Petraeus, or someone from his staff. And basically, that it was an administrative matter in terms of whether he is using government computers, government-owned computers to send e- mails and receive e-mails, or you know, the nature of that. But that, no, there was going to be no prosecution.

LEMON: OK, can we talk a little bit more about -- I asked you why one agency would be investigated over the other. But what are the relationships like between the CIA and the FBI? Do they work well together?

FUENTES: Yes, they do work well together. And this is common to have the FBI -- the FBI is going to investigations, whether it's allegations of somebody working at CIA or the Pentagon or the White House, they're going to investigate. If you look back over the last 20 years, for example, you see the FBI heavily involved in very controversial investigations, whether it was allegations -- whether it was travel-gate during the Clinton administration, or investigations -- for instance, the leaking of the identity of Valerie Plame during the Bush administration. You have the FBI conducting these sensitive investigations, whether it is corruption allegations or threats or other things. It is very common.

LEMON: Tom, there is -- sometimes there is chest thumping going on between agencies. You'll have local and federal officials, police officers or the FBI, politic agencies, or you will have county and city officials. There is nothing like that going on between the CIA and the FBI, especially in an investigation this big?

FUENTES: No, not in this kind of matter. The CIA officials recognize that the FBI has to do its job. And in a case like this, they would ask for the FBI to come in. If one of their own is receiving threats from an outside person by Internet, they would want the FBI to look at it and see if there is any possibility of prosecuting. That really is an unintended consequence that this ended up leading to Director Petraeus.

LEMON: And the director of the FBI would have been informed?

FUENTES: Certainly, the FBI director would. The FBI has very strict protocols on how the notification process works. If they had uncovered criminal violations, or a security breach, that would have immediately been sent up the chain and probably include the president. But the fact that -- these violations go on all the time, involving a variety of people. And as long as no violations were revealed and no security breaches were revealed, it would be part of the protocol to not send it up until really close to the end of the investigation, because it could really damage somebody. Because of the sensitivity that it can really damage somebody is they're under FBI investigation, if the allegations proved to be unfounded, the damage is already done if it is public that they were under investigation. So they really want to have the opportunity to maintain the integrity of the investigation, and not have it be in the public arena, highly politicized, as this one has become, even after the fact.

LEMON: And, Tom, I have to run, but just simply, do you think he should have resigned?

FUENTES: That was a personal decision that he made. He was not being forced to. He submitted the resignation, and the reporting is the president wanted to think about it overnight. The fact that he had not violated the law, and apparently a security breach had not been uncovered, it was really left for him -- at the moment, at least, it was up to him to decide, and he just decided to take the step immediately and go ahead and resign.

LEMON: Tom Fuentes, thank you.

FUENTES: You're welcome, Don.

LEMON: Straight ahead, a prominent Texas attorney charged with doing business with a drug cartel.

Plus, our "CNN Hero" who came up with a new way to help veterans running -- returning from war.

But first, this.

The Obama administration's health care program is about to go into effect, but not all at once. Certain provisions get enacted at specific dates.

CNN's Christine Romans has a look.

(BEGIN VIDEOTAPE)

CHRISTINE ROMANS, CNN BUSINESS CORRESPONDENT (voice-over): The battle over health reform is over. The Supreme Court has ruled and now the president has been reelected. The centerpiece of the legislation, where everyone has to have health insurance or pay a penalty, doesn't go into effect until 2014. But certain key pieces go into effect next year. First, if you're a big earner, your taxes go up. Meaning an individual making $250,000 will pay $450 more a year into Medicare. A family earning half a million will pay $250 more. On top of that, high-income families may also be subject to a new 3.8 percent Medicare tax on investment income. That is high-earning families.

Next, if you contribute to a flexible spending account, the maximum amount you can set aside is $2500. So if you're in the middle of open enrollment now, please, plan accordingly.

Finally, a lot is happening to get state insurance up and running. This is where you go to buy a plan. Enrollment starts in October, less than a year from now. So far, 14 states are planning to establish their own exchange. Other states opted to partner with the federal government or just let the government come in and run it altogether. States face a November 16th deadline this Friday to say where they stand.

I'm Christine Romans, with this week's "Smart is the New Rich."

(END VIDEOTAPE)

(COMMERCIAL BREAK)

LEMON: Former Congresswoman Gabrielle Giffords stood in an Arizona courtroom this week and faced the man who tried to assassinate her. Her husband, Mark Kelly, stood by her side as he addressed Jared Loughner: "Mr. Loughner, you may have put a bullet through her head but you haven't put a dent in her spirit and her commitment to make the world a better place."

And despite the dramatic appearance of Gabrielle Giffords and her husband, nine others testified at the hearing, including Congressman Ron Barber. He won a special election to fill Gifford's congressional seat after she stepped down.

(BEGIN VIDEO CLIP)

REP. RON BARBER, (D), ARIZONA: I turned to Mr. Loughner and said, I hold no hatred for you, but I am very, very angry and sick at heart about what you did and the hurt you have imposed on all of us. I told him that he must now live with this burden, and will never see the outside of a prison again.

(END VIDEO CLIP)

LEMON: Loughner was sentenced to serve the rest of his life in prison without the possibility of parole.

A prominent Texas attorney, facing charges of laundering more than $600 million for a Mexican drug cartel. 46-year-old Marco Antonio Delgado is a former university trustee and former board member for the El Paso Symphony Orchestra.

Holly Hughes is here. She's a criminal defense attorney.

Holly, welcome.

So what do we know about this Delgado person?

HOLLY HUGHES, CRIMINAL DEFENSE ATTORNEY & FORMER PROSECUTOR: As you said, he is a practicing attorney. He has been very active in his community. He donated, at one point, more than $20,000 to the symphony where he is a member. He volunteers, helps out. He also started his own scholarship fund for the advancement of Latino students who want to major in public policy and administration. And now, you know, we hear that there is another side. We hear he is a really nice guy, but perhaps, the allegations are, that he has laundered $600 million for a drug cartel.

LEMON: Well, his lawyer, obviously, says he is innocent. He says he is innocent. He will have to spend 20 years -- what?

HUGHES: Well, the max is 20 years. What they do in the federal system, they will take a lot of thing into consideration as sort of a sliding scale. Has he had a prior history?

LEMON: But my question is, will he pay the money back?

HUGHES: Well, this was not a restitution where he stole money. He laundered illegal money. So the government, if they have any of that, they'll call it asset forfeiture and they will seize it because it's illegal money. It was not as if he was out there stealing legitimate money from a legitimate businessman. He is accused of, and only accused at this point, of taking money from a drug cartel, who got it through illicit businesses, and putting it through legitimate businesses to sort of cleaned it, hence, the term laundering the money.

LEMON: Holly, let's move on to another story. Federal prosecutors deciding not to file charges again former basketball coach, Bernie Fine, after he was accused of sexual abuse.

So what was behind this decision?

HUGHES: What they said was, after all of our investigation, first of all, the two stepbrothers who came forward, the statute of limitations had run on that, so they said we can't do anything. It's not that we believe it didn't happen. The third one who came forward said, guess what, I lied. He took it all back. The federal government has done a thorough investigation and said, we just don't have enough to prosecute him. We don't have enough victims who fall within the statute and we don't find enough evidence. Because what the feds do -- a lot of times the state prosecutor may say, I'll roll the dice with what I have even though, I'm not sure I'm going to win, I'll still put it in front of the jury. The federal government is a little different. They're more interested in the resources they're spending, and does it make sense to push forward if they don't think they could get a conviction out of it?

LEMON: So no recourse. Can he get a job back? Is there anything --

HUGHES: I don't think so, because, again, this is not a statement of we think you're innocent, we're exonerating you. They're just saying we don't think we have enough to convict you, which is a very brave decision, I've got to say. I have to hand it to the federal prosecutors. Because in light of what just happened with Sandusky, emotions are high. It's in that same region of the country. They could have pushed forward, whipped everybody into an emotional frenzy and said, it's happening everywhere. And they didn't.

(CROSSTALK)

HUGHES: And you know what, it is a bold decision. You have to respect that because, to them, it is about law and order.

LEMON: Holly, thank you.

HUGHES: Absolutely.

LEMON: We appreciate it, Holly.

HUGHES: Great to see you always, yes.

LEMON: Always good to see you.

And Japan is still dealing with a massive amount of debris from last year's tsunami. Just ahead, we'll revisit the major cleanup effort.

But first, this. More than two million U.S. troops have served in Iraq and Afghanistan. An estimated 400,000 of them suffer from some form of depression related to their service. In today's "CNN Hero," you will meet an Army veteran on a special mission with help from "man's best friend."

(BEGIN VIDEOTAPE)

UNIDENTIFIED VETERAN: When I got back from Iraq, I stood away from large crowds, malls, movies.

UNIDENTIFIED VETERAN: I wouldn't leave the house. Just didn't want to.

UNIDENTIFIED VETERAN: Staying inside, windows are blacked out.

UNIDENTIFIED VETERAN: I was really numb. Didn't feel like I had a purpose anymore.

UNIDENTIFIED VETERAN: Nightmares, constantly, flashbacks.

UNIDENTIFIED VETERAN: Everything to me is still a combat zone.

MARY CORTANI, CNN HERO: Veterans with invisible wounds. We can't see a wheelchair, a prosthetic leg. They appear like you and I. But their suffering goes so deep, it touches the soul.

I learned how to train dogs while I served in the Army. I knew that a dog can add a lot in your life. I realized this is what I was supposed to do.

My name is Mary Cortani. I match veterans with service dogs, train them as a team, so they can navigate life together.

Dan?

When a veteran trains their own service dog, they have a mission and a purpose again.

Talk to them. Tell them they did good.

Dogs come from shelters, rescue groups. They're taught to create a spatial barrier, and can alert them when they start to get anxious.

Are you OK? Are you getting overwhelmed? Focus on Maggi.

The dog is capable of keeping them grounded.

You're focusing on him, and he's focusing on everything around you.

You start to see them get their confidence back, communicate differently. They venture out and they beginning to participate in leaf again.

Being able to help them find that joy back in their life, it's priceless.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

LEMON: More than a year and a half after Japan's devastating earthquake and tsunami, the country faces its biggest cleanup job since World War II. Tons of debris from the disaster being moved hundreds of miles so it can be destroyed.

But as our Alex reports, some residents don't want the potentially hazardous materials anywhere near them.

(BEGIN VIDEOTAPE)

ALEX ZOLBERT, CNN SENIOR PRODUCER (voice-over): It has been more than a year and a half since the devastating tsunami in Japan's Tohoku region. And while substantial progress has been made, the country is still grappling with more than 13 million tons of debris.

About 20 percent of what remains is set to be destroyed in other parts of the country. Today, trucks arrive at this incinerator plant, several hours drive south of Tokyo.

Officials say this debris is the shredded debris from people's homes, about 250 kilometers or 150 miles from the crippled Fukushima Nuclear Plant.

But with concerns over possible fallout still running high, officials here measure radiation levels before a small crowd of onlookers.

UNIDENTIFIED MALE: (SPEAKING FOREIGN LANGUAGE) ZOLBERT: It's a well-choreographed, very deliberate routine. According to officials, this debris fails to trigger any elevated readings.

The shipment is cleared. The truck pulls in and dumps its load, which is hoisted into the incinerator. Once-concerned citizens are pleased with what they've seen today.

UNIDENTIFIED MALE: (SPEAKING FOREIGN LANGUAGE)

ZOLBERT: The head of a community group tells me, "There are rumors and anxiety, but we've seen how this debris is sorted up north. And they gave us the radiation measurements."

UNIDENTIFIED MALE: (SPEAKING FOREIGN LANGUAGE)

ZOLBERT: "I hope everyone understands it's safe."

ZOLBERT (on camera): There are the critics here, some who question the logic in transporting this debris more than 700 kilometers, or about 430 miles, across the country. Then there are those who say that government should have been more transparent.

"There was never any public debate or discussion over the plant," Jiharo Kitomoto (ph) tells me.

JIHARO KITOMOTO, JAPAN RESIDENT: (SPEAKING FOREIGN LANGUAGE)

ZOLBERT: He says the government has played on people's emotions, suggesting, if you oppose the project, you aren't showing unity with your fellow citizens. His group also wonders, will every piece of debris be checked.

MASAHIRO KASUYA, JAPAN RESIDENT: (SPEAKING FOREIGN LANGUAGE)

ZOLBERT (voice-over): Masahiro Kasuya (ph) says the affected is using all of the resources. "They need our help. But we will continue to make our case as we have been doing, carefully and tenaciously."

A long and tedious project that is not short on controversy.

Alex Zolbert, CNN, Japan.

(END VIDEOTAPE)

LEMON: For decades, this music sat on a shelf collecting dust.

(BEGIN VIDEO CLIP)

(MUSIC)

(END VIDEO CLIP)

LEMON: For the first time, a 93-year-old World War II veteran gets to hear his work just in time for Veterans Day.

(BEGIN VIDEO CLIP)

(MUSIC)

(APPLAUSE)

(END VIDEO CLIP)

(COMMERCIAL BREAK)

LEMON: More than 60 years ago, a World War II soldier composed a symphony, detailing the story of the war and the peace that followed. But for years, this music sat on the shelf collecting dust. Now this 93-year-old veteran is getting to hear the first live performance of the work he created decades ago.

(BEGIN VIDEOTAPE)

HAROLD VAN HEUVELEN, COMPOSER & WORLD WAR II VETERAN: My name is Harold Van Heuvelen, and my age is 93. And I'm a veteran of World War II.

In 1945, I was stationed in New Orleans, Louisiana, at the New Orleans Army Air Base and I was an instructor. The piece in Europe had already been in April of that year and they said we could do anything we want to. I decided to write a symphony.

During those 70 years when it sat on the shelf I would look at it every once in a while and think, why isn't this being played?

BOB VAN HEUVELEN, BROTHER OF HAROLD: My brother and I came upon the found copy of the symphony. I talked to a Senator from Michigan where my dad lives. Senator Levin wrote a letter to the Defense Department and the next thing we knew we had a letter back from the Army's secretary saying we would like to perform the symphony.

(MUSIC)

TOD A. ADDISON, MAJOR, THE U.S. ARMY ORCHESTRA: I was kind of worried what I would see, and I was grateful it was a total piece of piece of music, very accessible, very melodic, neo romantic.

(MUSIC)

ADDISON: It has a special meaning when you sit down and play something and you know exactly what's behind it.

(MUSIC)

HAROLD VAN HEUVELEN: So in the first moment of my symphony is about the sadness of that period, the extreme sadness and sorrow of the holocaust and the terrible loss of life. The second movement --

(MUSIC)

HAROLD VAN HEUVELEN: -- is sort of being geared for war.

(MUSIC)

HAROLD VAN HEUVELEN: And the third movement --

(MUSIC)

HAROLD VAN HEUVELEN: -- is the warfare itself.

(MUSIC)

HAROLD VAN HEUVELEN: The boys going to Omaha Beach and invading Germany.

(MUSIC)

HAROLD VAN HEUVELEN: At the end of that movement, I have a victory march.

(MUSIC)

(APPLAUSE)

(LAUGHTER)

HAROLD VAN HEUVELEN: Wonderful.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

LEMON: Happy birthday, Marine Corps. Semper Fi.

See you back in an hour.