we're determined to get it done. >> if dan choi were here, what would you say to him? >> i appreciate his frustration, i share his frustration. i understand for somebody who has served proudly in the military he thinks this is an outrage, we think it's an outrage, too, and that focus should be directed at congress because congress is the one that passed it in the first place and congress is the up who should repeal it. >>> let's talk about this gallup poll. 54% in this new poll say they don't think the president should be re-elected. me doesn't deserve to be re-elected. what's happened over these past two years? >> we're a long way before the president's election is up. i think our focus should be on the the midterms right now. the fact of the matter is our country has been through an economic crisis. lots of people have lost their jobs. it's more sluggish than we would want. we're certainly moving in the right direction. until every single person can feel it in their own household, they're going to have frustration and have anger. we share that frustration and anger,

host: as we continue, on your screen is the tenant dan choi -- is lt. dan choi. he announced he was gay, a west point graduate. after a series of proceedings, he was discharged for being in violation of the "don't ask, don't tell" policy. he is here to talk with you -- to talk to about his opposition to the policy. this is now playing out in federal court. bergesen up to speak -- a temporary reprieve for the "don't ask, don't tell" policy. the white house won a temporary stay, granting the pentagon to enforce the ban on gay men and women serving in the military. guest: we all know that our system of government allows and mandates that the judicial branch repudiates unconstitutional laws made an executed by the other branches of government. that is american government day one. obama and congress have both said that they want to direct of "don't ask, don't tell," but we have not seen any actions. the court's heard a case saying that "don't ask, don't tell" has caused immense harm. judge philips said it is unconstitutional. you cannot enforce it anymore. the pentago

. >> reporter: in new york's times square, on wednesday, dan choi applied to re-enlist in the army. he'd been discharged for being openly gay last july, but the military had changed its rules on tuesday. >> we're still in a time of war and soldiers are still needed. able-bodied and patriotic americans regardless of their orientation are eligible to come on back and sign up to serve their country, openly, honestly and with integrity, acknowledging their partners, acknowledging their families and their lives as full citizens. >> reporter: hours later, choi and others were back in limbo-- after a federal appeals court re-instated "don't ask, don't tell" temporarily. the policy has zig-zagged back- and-forth since september, when federal judge virginia philips, in california, ruled it violated the free speech rights of gays and lesbians..j then on october 12, the judge issued a permanent injunction barring the u.s. military from enforcing "don't ask, don't tell." two days later, the obama administration asked the judge to lift the injunction, while it appeals the underlying ruling. she

that includes iraq veteran dan choi, who was discharged for going public with his sexuality. choi is looking forward to serving again. >> i realize the victims are not just the gay people being kicked out. the victims are the units that are stripped of the talented and capable team members, family members. and we do them a disservice. >> the government says it will appeal this latest ruling. but president obama insists he is committed to abolishing don't ask, don't tell. he just prefers to do so with congress and the military, rather than the courts. >>> in france, protesters are out in force again this morning, furious over tomorrow's senate vote on a plan that would extend the retirement age from 60 to 62. work stoppages are clogging air and rail travel. garbage is piling up. and nearly one-third of the country's gas stations are dry this morning. so, people are walking off the job. police managed to forcibly reopen 3 of the country's 12 fuel depots, shut down by protesters last week. >>> former british prime minister, margaret thatcher, is in the hospital, after a bout wit

and, down in times square, lieutenant dan choi, an outspoken iraq war veteran discharged after announcingy recruiting station to try to enlist again. 29-year-old choi was told he's too old to be a marine, but he can enlist in the army. >>> a curious new chapter in the famous televised standoff between supreme court justice clarence thomas and the woman who accused him of sexual harassment, anita hill. mark matthews of our san francisco affiliate kgo reports that justice thomas' wife ginny left a voice mail message on miss hill's phone over the weekend, 19 years after the hearing, asking her to consider an apology and ending, "have a good day." anita hill says she will not apologize and stands by her testimony from 1991. >>> and, prepare for a double take. watch this. a united airlines 747 seems to kiss the golden gate bridge. it turns out what looks like a near-miss was actually by design. a heart-stopping optical illusion for a san francisco air show. >>> and coming up, we have a nostalgic farewell to the american father who ended the era of pretty, perfect families in those happy days.

. >> reporter: former army lieutenant dan choi, who was discharged for being gay, applied to rejoin the army. >> i talked about being gay. i said i'm gay, and i was kicked out under don't ask, don't tell, and they said it was great to have you and it's wonderful that you're here, and they were absolutely professional. >> reporter: except choi has an arrest record for chaining himself to the white house fence to protest don't ask, don't tell and would need a waiver. enlisting is a process that can take days, weeks, even months to complete the physical and mental exams before recruits actually take the oath as they did at this public swearing in at a rodeo. >> couric: david martin reporting from the pentagon tonight, thank you. now, turning to campaign 2010, for his first two years in the white house, president obama has had the advantage of a house and senate controlled by his own party. but with that now in jeopardy, the president hit the campaign trail in an effort to save as many democratic seats as possible. five states in four days, beginning tonight in oregon and ending saturday in

tuesday, here in new york, dan choi, an iraq war veteran discharged for being gay, began the process of reenlisting. the 1993 don't ask, don't tell law was declared unconstitutional last month. the legal battle will likely switch to an appeals court. >>> the trial date has been set for two american hikers still being held in iran. shane bauer and josh fatal will go on trial november 6th. the two men have been imprisoned in iran since july 2009, when arrested for crossing the border from iraq into iran. they're accused of espionage. bauer's fiance was released by iran september 14th and since returned to the u.s. >>> one of the undercover russian spies deported from the u.s. this summer is definitely not under cover anymore. anna chapman had nothing to hide when she recently posed for a men's magazine. monday she received an award from the russian president for her service. chapman and nine others admitted their guilt before they were exchanged for four russians accused of espionage. >>> on money watch, stocks in asia mostly headed south this morning. ashley morrison is here with much

dan choi applied to the marines, who turned him down because of his age, and to the army which accepted his application. he was an infantry officer until he was discharged in july after admitting he was gay. his career is on old once again as a consequence. >>> the color of purple called to action today to san francisco to classes in san mateome, purp was the color to wear in support of gay teens tackling the issues of bullying. this was after a series of suicides committed by teenagers who were victims of anti-gay bullying many times. >> if this makes people think twice before calling somebody a [ bleep ], and i think it will, then we accomplished our goals. >> many gay and lesbian students at aragon a is meant light to see so many classmates and teachers expressing they'll be there in support if they need it. >>> bullying is nothing now, but now some lesbian and gay teens bullying has turned deadly. you'll hear from one peninsula teen and how he turned hi hurt into help for other kids. that's tonight at 11:00 on "nbc bay area news." >>> this saturday ports across the bay area will go

an army lieutenant, dan choi, discharged after publicly outing himself, was the first to take advantage of that decision, by reenlisting this week. but after the new ruling, his application status is unclear. so, tonight, we ask, should gay and lesbian service members should be allowed to serve openly? we'd love to know what you think. weigh in at the "nightline" page at abcnews.com. >>> until tomorrow night, i'm bill weir. good night, america. >> dicky: it's the "jimmy kimmel live" fantasy league. presented bid gmc. >> jimmy: hello, i'm jimmy kimmel. >> and i'm his cousin sal. >> jimmy: another exhilarating week of fantasy football. let's go to the scores. >> adam carolla, by a nose. >> jimmy: the sports guy bill simmons atop the league at 5-1. >> dax shepard destroyed jb smoove. >> jimmy: and kristen bell got very, very lucky with a very lucky win over the fighting kimmels. apparently kristen never looked at the meaning of a good sport. >> it must be nice for a change to get beat by a girl and not have to pay for it. and the trash talk continues there. >> fa feels good. >> jimmy: you

pentagon today allowing recruiters to accept openly gay and lesbian candidates, those like my guest dan choihe reupped at a recruiting station today. we'll talk with jeffrey toobin. also tonight keeping them honest, the facts and fabrications in today's debate between christine o'donnell and chris coons. the two sparred over teaching everybo evolution and separation of church and state, we'll play key moments of the debate for and you let you decide who's right and wrong. those stories and more at the top of the hour. >> larry: that's "ac 360." bill clinton is still hugely popular, working hard for his party, just watch. >> i don't do a lot of politics. this is the 90th event i've done in this election season and i want to tell you why. because i've seen this movie before. and if it keeps going, it doesn't have a happy ending. you know, they -- hillary's really popular now, but in 1994, they tried to do to her just what they're doing to the speaker today. they tried to do to me just what they're trying to do to the president today. >> larry: penn, why don't they just clone him? >> i don't kn

dan choi who discharged under the army don't ask don't tell tried to reenlist at the armed forces raeare. >> being in there today was absolutely exciting. absolutely vindicating. >>reporter: this historic move follows federal court ruling striking down the don't ask don't tell rule that bans gay from his openly serving in the military. the justice department is appealing the decision but recruit being told that the ban could be lifted any time. >> in the meantime newspaper in use began today publish the names of quote top 100 gay. list include photo with the men name and addresses along with a yellow banner reading hang the them. at least 4 men named on that list have been atachblingtd another had stones thrown at his house. others are now in hiding. >>> britain facing massive defense cuts that will completely and fundamentally change the military capability. budget is slashed 80 percent. twaiv,000 civilian position are gone and 17,000 solders wil willless their jobs. tank, aircraft and artillery will be cut by 40 percent. that means the uk will now have aircraft carrier with no aircr

lieutenant dan choi participated, kicked out of the national guard because he is gay. >> here in ourthe same violence that roots from assault hatred. >> there have been 50 reports of gay attacks in the city this year. >>> an american world champion swimmer has died in competition overseas. 26-year-old fran crippen, you are going to see him here in tape from 2003, he was competing saturday in an open water competition just south of dubai. he didn't finish and was found in the water two hours later. fellow competitors all described the conditions for the race as unusually hot. in fact, crippen had told a former coach the water was 87 degrees. >> swimmers started weeping openly. they were sad because one of their also gone missing and now they found him and they knew what was obvious. so, the people were consoling each other, hugging each other. >> swimming officials say that crippen died of overexertion and denied reports add heart attack during that race. swimming officials canceled an upcoming open water event in the same location as the investigation continues. >>> aid workers in ha

this is a new video of dan choi going to reenlist in new york city. he says today he will go through some medical screenings and other necessary processes. >>> now "today in the bay" traffic with mike inouye. >> good morning. it is 5:08. a nice look at the nimitz freeway past the coliseum. northbound side with the taillights and the southbound side there's a disabled dump truck at the high street off-ramp. that has cleared. you have now access to all of those southbound off ramps. no major slowing but a glow to the lights indicates some moisture, maybe some fog along 880. the bay bridge will also get touched with fog. at the top of the under right under where it says bay bridge, you see the lights at the top got cut off. the fog is moving around so keep that in mind. but so far your crossover from oakland into san francisco and vice versa moving very smoothly. we'll see the slowing start on the approach in about an hour from now. back to you. >> kind of a cool start to the morning. foggy in some parts, in fact. >> as mike pointed out maybe some mist i

discharged under don't ask, don't tell, lieutenant dan choi head back into an army recruiting center> reporter: regardless of your orientation or background or identity, you should be able to serve your country. >> reporter: he may not be in the military for long. wednesday evening a federal judge's ruling that declared don't ask, don't tell unconstitutional was temporarily stayed a federal appeals court side the with the obama administration which had argued it was too much too soon for the military to implement. while president obama personally supports repealing don't ask, don't tell, he would prefer congress vote to repeal the law. it's not the first time gay service members have challenged the military in court. what made the federal judge's ruling different was it struck down the policy on behalf of all americans, making it illegal for military recruiters to deny applications from people who disclose their sexual orientation. even while it was in effect some activists warned potential enlistees not to disclose their sexual orientation for fear the policy would be reinstated. ch

including vets to serve again like former lieutenant dan choi. an iraq war veteran discharged for being gay and reenlisted here in new york yesterday. after a federal judge refused to government request to delay a previous ruling banning don't ask, don't tell. choi called the military's ban unconstitutional. >> it's not always easy to go to combat and serve your country. particularly when the country openly discriminates against you for telling the truth. >> he was one of at least three gay former service members beginning the process to reenlist. the 1993 law banning gays from serving openly in the military was overturned last month. >>> two port stroller recalls this morning. the graco quattro tours before 2006 and metrolite strollers made before july 2007 can allow a child to be trapped between the tray and the seat. and be strangled. they were involved in the deaths of four children between 2003 and 2005. before a larger opening was required in 2008. now, if you have one of the strollers, you can get a free repair kit which is offered by grac