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President Bush to Name Carlos Gutierrez as Next Commerce Secretary; Colorado Plane Crash; Medical Marijuana

Aired November 29, 2004 - 11:00   ET

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


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


RICK SANCHEZ, CNN ANCHOR: And here's a look at what's happening right "Now in the News."
An Army Black Hawk helicopter from Fort Hood, Texas, has crashed in some foggy weather. It's just south of Waco, we understand. There's no immediate word on the casualties. The Associated Press says that seven soldiers were on board the helicopter. As we get more information on this story, and as we work it, we will bring you those details.

We also hope to learn more this hour about that plane crash in Colorado that killed two people and apparently seriously injured NBC sports chairman Dick Ebersol. One of Ebersol's also survived the crash, but his other son, the younger one, the 14-year-old, is still considered missing. He may have been ejected while still in his seat.

Well, just minutes from now, President Bush is expected to announce his choice for commerce secretary. Mr. Bush's close friend, Don Evans, tendered his resignation from the post earlier this month.

We're going to have the president's announcement. That is coming up live. That's expected at 11:05.

And we just learned that the announcement will be given, where they will name Carlos Gutierrez, who is the CEO of the Kellogg Corporation. Once again, Carlos Gutierrez, Hispanic, another member of the Bush cabinet, named at 11:05. We'll bring you that announcement as the president makes it, right here, live.

Also, demonstrators gathered outside the Supreme Court building in Kiev today. The court is considering an appeal of Ukraine's disputed presidential election. But the justices say they will not issue a ruling today. The opposition is demanding a new vote, alleging massive fraud in that election.

And Washington welcomes the king of Bahrain. Defense Secretary Donald Rumsfeld is going to host an honor cordon for the dignitary at the Pentagon this hour. President Bush meets with the king of Bahrain later today.

Keeping you informed, CNN, the most trusted name in news.

It is 11:00 a.m. on the East Coast, 8:00 a.m. out West. From the CNN Center in Atlanta, I'm Rick Sanchez.

DARYN KAGAN, CNN ANCHOR: And good morning once again. I'm Daryn Kagan.

A developing story out of the White House. President Bush is about to name his new commerce secretary, and it looks, Elaine, like he is going into the world of business. Elaine Quijano. Hi, Elaine.

ELAINE QUIJANO, CNN CORRESPONDENT: Hi. That's exactly right, Daryn.

Just a few moments ago a White House official confirmed that the president's pick will be Carlos Gutierrez, not a familiar name to most people. But in the business sector, he's known as the CEO of Kellogg. This announcement coming at 11:05, we are told, to replace -- the president's choice, rather, to replace outgoing Commerce secretary, Don Evans.

Now, we understand that really this is the first in a series of steps as the president looks ahead to move his domestic agenda, his economic agenda forward, really wanting to pick someone in place who can work effectively with Capitol Hill. Because the president is looking at some ambitious items, things like Social Security reform, also tax reform.

The president during the campaign has said over and over that he would like to see part of Social Security at least privatized to give people, young people, the ability to take some of their withholdings and invest that in personal accounts. So the president obviously going for someone with a business background here.

Carlos Gutierrez, as we said, the president's pick, the White House official telling us this just a moment ago. But the president also looking to retool, if you will, his entire economic team.

We understand as he looks not only at his domestic agenda, but obviously also on the global stage as well, some international issues, trade issues. And so look for the president to choose people to lead his team. People that he feels can be quite effective not only here in Washington and working with people on both sides of the aisle to get his reforms passed, but also on the international stage.

People who have business sense but also a grasp of the global politics. People that he feels will be best to move his agenda, not just domestically but internationally forward. But again, Carlos Gutierrez, the name that we are now being told by a White House official -- Daryn.

KAGAN: And here at CNN, at the global headquarters, we were able to gather some more information on him, Elaine.

He has been with the Kellogg Corporation since 1975. It looks like he worked that way up that corporation. A number of postings in Latin America, in Canada, and also at the corporate headquarters in Battle Creek, Michigan.

He has been the chairman of the board there since April 2000. Originally born in Havana, Cuba. So we expect to see and hear more about Carlos Gutierrez in just a couple of minutes, when that begins at the White House.

Meanwhile, let's get some more news in. And Rick has that.

SANCHEZ: Yes, and as soon as that happens we'll bring it to you. But first, we're going to begin in Colorado, with the very latest on that information, the plane crash that injured NBC sports chairman Dick Ebersol and killed two others. Ebersol's son, Charles, also survived the crash, but his 14-year-old son, as aforementioned, is still missing.

Safety investigators are soon going to be on the scene today. They're searching for the cause of this crash.

CNN's Sean Callebs is reporting from Montrose, Colorado.

(BEGIN VIDEOTAPE)

SEAN CALLEBS, CNN CORRESPONDENT: Federal officials now taking control of this investigation. The FAA and NTSB, they'll have a couple of jumping-off points as they try to determine the exact cause of this fatal crash.

One, the weather. At the time, the scheduled takeoff yesterday, it was snowy. It was cold. It was windy. They'll look at the de- icing procedure, and they'll also look at the maintenance of this aircraft.

Now, eyewitnesses say that once the plane began to take off from this end of the runway, it first veered to the right, then appeared to try and correct that. At that point it slid through a fence, slammed into an area just past the canal, with sagebrush and cedar trees.

And these pictures were taken by one of the eyewitnesses. You see the thick, black smoke billowing into the air, and also flames around the area where the fuselage would be. Now, when they came over, they described exactly what they first saw.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You could definitely smell fuel. There were small flames starting to -- starting to -- out of the front and back of the airplane, both, there were small flames starting to rise. And you could tell it was just a matter of time before that thing, you know, went into a big inferno of flames.

(END VIDEO CLIP)

CALLEBS: NBC sports chief Dick Ebersol is married to actress Susan Saint James. Now, apparently Ebersol's oldest son, Charles, a student at Notre Dame, helped him out of the wreckage. But 14-year- old Edward "Teddy" Ebersol, apparently the seat he was in was thrown from the wreckage at the time of the crash.

Authorities searched throughout the day yesterday, but found no sign of the 14-year-old. No doubt the search will resume today.

Just a short bit about the aircraft. It is a 600 Series Challenger built in Canada. A somewhat old plane, last built in 1983.

Now, the FAA, NTSB investigating. It's going to take some time to determine the exact cause of this crash.

Sean Callebs, CNN, Montrose, Colorado.

(END VIDEOTAPE)

KAGAN: More now on Dick Ebersol. He's had a long and innovative career at NBC. He had a hand in launching "Saturday Night Live," and has been the guiding hand of NBC Sports since 1989. Soledad O'Brien has more on Ebersol.

(BEGIN VIDEOTAPE)

S. O'BRIEN (voice-over): On Dick Ebersol's watch, NBC has become the network of the Olympics, locking up broadcast rights for the winter and summer games through 2012. A protege of Olympic innovator Roone Arledge, Ebersol has carried on the up close and personal tradition with the emphasis on telling stories rather than just giving results.

Before taking over as president of the sports division in 1989, Ebersol worked as an NBC entertainment executive. He was there for the launch of "Saturday Night Live," and briefly replaced Lorne Michaels as the show's executive producer in the early '80s. One of his lesser broadcast achievements, the ill-fated "XFL" in 2001.

Ebersol is married to actress Susan Saint James. According to NBC, she was not on board the plane.

Soledad O'Brien, CNN.

(END VIDEOTAPE)

KAGAN: All right. We're going to have a lot more on the Ebersol crash. We're expecting a news conference at the top of the hour out of Colorado on what the latest factor might have been involving that crash and the latest status of Ebersol's son, Teddy.

Meanwhile, a news conference getting under way, or an announcement getting under way at the White House. President Bush getting ready to announce his choice for commerce secretary.

SANCHEZ: And you know what's interesting about this? This would be the second time the president has named a Cuban-American in a cabinet position. And that would also be only the second Cuban- American to have a cabinet position in the history of the United States. For those of you wondering who the first one was, well, Mel Martinez, who's about to become a senator in the state of Florida in that election down there.

KAGAN: And as you can see, Carlos Gutierrez expected to be nominated for commerce secretary. The position being vacated by longtime Bush friend, Don Evans. And what we know about Carlos Gutierrez, the chairman of the board of Kellogg's. SANCHEZ: Yes, the -- he started in Mexico as a salesman and worked is way up the corporation to, I guess, the top job.

KAGAN: Do you think Kellogg's going to get the cereal concession at the White House now?

SANCHEZ: Wouldn't be a bad idea.

KAGAN: Insider dealing there?

SANCHEZ: Elaine Quijano is following the story for us. She's at the White House right now, trying to bring us up to date as she leads us into this news conference.

Elaine, what you got?

QUIJANO: Hello to you, Rick.

Well, President Bush during the campaign outlined a very ambitious domestic agenda, including Social Security reform and tax reform. Now, those two issues, of course, major issues that the president is going to be challenged on definitely by lawmakers on Capitol Hill.

So he want to have people in place who will be able to work effectively with lawmakers there. This choice, Carlos Gutierrez, someone that the president feels has that kind of background, the business background that you just mentioned, but also the ability to work with leaders there.

Now, Social Security reform, an especially important issue to the president. He would like to see privatization of at least part of it in terms of allowing some younger workers to -- to rather invest some of their withholdings into private accounts. Now, the choice also, though, relevant because it's really the first in a series of steps meant to redesign the overall economic team.

And here, President Bush. Let's take a listen.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Thank you all.

I am proud to announce my nomination of Carlos Gutierrez to be America's next secretary of commerce.

Carlos Gutierrez is one of America's most respected business leaders. He is a great American success story.

As CEO of the Kellogg company, he has been an effective visionary executive. He understands the world of business from the first rung on the ladder to the very top. He knows exactly what it takes to help American businesses growth and create jobs.

I look forward to having his creativity and expertise in my Cabinet.

Carlos's family came to America from Cuba when he was a boy. He learned English from a bellhop in a Miami hotel and later became an American citizen.

When his family eventually settled in Mexico City, Carlos took his first job for Kellogg as a truck driver, delivering Frosted Flakes to local stores.

Ten years after he started, he was running the Mexican business. And 15 years after that, he was running the entire company.

At every stage of this remarkable story, Carlos motivated others with his energy and optimism, and impressed others with his decency.

In his career, Carlos has been sustained by the values taught by his parents, Pedro (ph) and Olga (ph), and by the love of his wife Eddie (ph) and his children Carlos (ph), Erica (ph) and Karina (ph).

I know Olga (ph) Gutierrez, who lives in Florida, is proud to see the boy she took from Cuba chosen to help strengthen the world's greatest and finest economy.

BUSH: Carlos will carry on the work of a distinguished leader, Secretary Don Evans.

During the past four years, our economy has overcome a recession, terrorist attack, corporate scandals and the uncertainty that comes with war. In all these challenges, Don has been a strong and steady advocate for America's businesses and workers and entrepreneurs.

Don has also been my friend for over three decades. I've counted on his wisdom and optimism and character at every step on my journey to the White House.

Now Don's own journey leads him back to Texas, where we were young men together.

Don is one of the finest people I've ever known. I will miss having him in Washington, and Laura and I wish him and Susie well.

BUSH: When he's confirmed by the Senate, Carlos Gutierrez will take office at a time of historic opportunity for our changing economy.

With Carlos' leadership, we'll help more Americans, especially minorities and women, to start and grow their own small businesses. We'll reduce the burden of junk lawsuits and regulations on our entrepreneurs. We'll reform our outdated tax code to eliminate needless paperwork and encourage savings, investment and growth.

We'll continue our commitment to free and fair trade. Carlos and I know that America's workers can compete with anybody in the world.

And in all these policies, we will ensure that the American economy keeps creating jobs and remains dynamic and flexible far into the future.

In Carlos Gutierrez, the Department of Commerce will have an experienced manager and an innovative leader. BUSH: He will be a strong, principled voice for American business and an inspiration to millions of men and women who dream of a better life in our country.

I ask the Senate to confirm this fine nominee as quickly as possible. I look forward to welcoming him into my Cabinet.

Congratulations.

CARLOS GUTIERREZ, COMMERCE SECRETARY NOMINEE: Thank you, Mr. President.

I'm, needless to say, humbled. I'm honored. I'm very grateful to be here. And should the United States Senate confirm me, I look forward to working with you on your team, helping you achieve the plans that you've laid out, the bold plans for our economy.

And I'll be especially honored, if confirmed, to walk in the footsteps of Secretary Evans, who has served with great honor and distinction. And I realize those are big, big shoes to fill and I'm also grateful for the president to have chosen me to succeed someone of the stature and the caliber of Secretary Evans.

GUTIERREZ: Mr. President, I believe passionately in your vision of a 21st century where America is the best country in the world with which to do business.

We have the best people. We have the training. We have the workers. We have the culture. And I believe that the 21st century is really and truly the American century, as the president does.

I believe passionately in your leadership and direction you've set. I believe in your call for a vibrant, growing, entrepreneurial society where everyone has the opportunity to experience the joy and the pride of ownership, where everyone can contribute and where everyone can benefit.

I have had the opportunity to live that American dream, so I know that the president's vision is noble, I know it's real and I know it's tangible.

I left Cuba to come to this great country in 1960 as a political refugee. I left with my parents and my brother. We started, essentially, from scratch at that time.

Almost 30 years later, I joined the Kellogg Company and started selling cereal out of a van in Mexico City.

I recall saying to someone the other day that one of my big accomplishments in life was to obtain citizenship for my son and my wife. Because of where people were born -- born in different places -- they were not naturalized citizens upon birth, especially my son.

GUTIERREZ: So 14 years ago they became U.S. citizens. I was walking out of the courthouse and I told my son, "You know, if I get hit by a truck today, I'll feel a lot better because you are a citizen of the U.S."

So we never imagined, Mr. President, never imagined that this country would give me this great opportunity and that you would have the confidence in me, sir.

Mr. President, I'd like to recognize those who have been with me every step of the way, who have supported me and with whom I would not be here: my wife of 25 years, Eddie (ph), who has given me all the support and has become a big part of the success that I have had; Carlos, my son; my daughter Erica (ph); and my daughter Karina (ph). They've been with me throughout this journey.

GUTIERREZ: I would also be remiss, sir, if I didn't mention the 25,000 people who work at the Kellogg Company, the board of directors, for their support throughout the years. I would be nowhere near here without their support.

If confirmed by the Senate, I will be honored to serve President Bush, I will be honored to serve my country, honored to serve the Department of Commerce and play a role in advancing the president's great and bold agenda for our country.

Thank you.

Thank you, sir.

BUSH: Congratulations.

SANCHEZ: Carlos Gutierrez. And the president will likely avoid this question. Let's see -- he does.

KAGAN: Yes. No -- there will be no answering questions today at the White House. He had one thing to say and one thing only.

SANCHEZ: You know, it's interesting, as much as the news of this is Carlos Gutierrez coming in from Kellogg, when the president was referring to Don Evans it was almost like a separation that he didn't want to let go. He and Don Evans have been so close for so incredibly long.

KAGAN: Like this.

SANCHEZ: He's been that steady hand, that loyal partner throughout all of this. And he was saying, you know, he's going back to Texas, but he's going to resume his life and I'll stay here. It almost seemed like the president was saying, I wish that somehow we could stick it out together.

KAGAN: And yet, with naming Carlos Gutierrez, he is coming from outside of government. But the president making reference that they have known each other as well a long time. Not a surprise that the president would bring on somebody that he knows and feels comfortable with.

With more on this, let's bring in our Elaine Quijano -- Elaine. QUIJANO: Well, what's interesting, I think, Daryn, is something that Carlos Gutierrez himself said, and that is, "I have had the opportunity to live the American dream." And that a telling statement, really speaking to the credibility, if you will, of this person that the president has chosen after carefully deliberating this decision.

The person that will help lead the charge on the president's economic agenda. A person who not only has the credibility from a personal point of view, as a person who came to this country from a not -- not privileged background, and rising to the highest levels in corporate America, but also someone who does understand the business aspects as well.

And so, President Bush making note of really the personal story as well. Interestingly, Carlos Gutierrez starting off as a truck driver for Kellogg, and then moving on to the highest level there as CEO.

That is something that struck me as well. But, again, this really just the first part of really what's a makeover or retooling, as the president looks ahead to moving his economic agenda forward -- Daryn and Rick.

KAGAN: Elaine Quijano at the White House. Thank you.

SANCHEZ: We're going to continue to follow another very important story throughout the day. And that is the U.S. Supreme Court debating the issue of medical marijuana. We'll have it for you. Should there be a decision, we'll bring it to you right away.

KAGAN: Right now a quick break.

(COMMERCIAL BREAK)

KAGAN: Let's check in on the Supreme Court. It is hearing arguments this morning in the use of -- medical use of marijuana. Our national correspondent, Bob Franken, at the high court today -- Bob.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: And Daryn, it will be the case that's decided before the end of the year, and will be one of those of highest interest, as evidenced by the arguments today. Angel Raich and Diane Monson (ph) are users of marijuana. They say they use them for medical purposes to treat illnesses they cannot otherwise treat.

They do so under the California law. California's one of 10 states that allows -- or 11 states, rather -- that allows the use of medical marijuana. But that runs afoul of the Controlled Substance Act. As a result, Diane Monson's (ph) marijuana patch that she was growing, according to their briefs, strictly for her use, was destroyed by federal agents. And now the case has made it to the Supreme Court.

The question is, what about the constitutionality of a state law versus a federal law? It's an old state's right argument. At issue here is the commerce clause which gives Congress the right to regulate things that, among other things, have to do with the Commerce between the "several states."

The question is, does marijuana grown in California for use under California law in fact become interstate commerce? By implication, said the solicitor general, Paul Clement, the acting soliciting general, he said that it could possibly affect the entire regulation of marijuana, which, of course, would mean that which was sold between the states.

But the lawyer for Diane Monson (ph) said it was hypothetical. And the justices weighed in from a number of different point of views.

Justice Ruth Bader Ginsburg said nobody is buying anything, nobody is selling anything. But the -- the person who was arguing for the government, the Bush administration's position, that the law should be enforced on a federal level, said that it would extend over to recreational use. Again, involving interstate commerce. It's an interesting constitutional question, but a very human story -- Daryn.

KAGAN: Well, it's pretty apparent what the people behind you, the protesters behind you, how they feel on the issue. Another issue that the court decide on today, actually not to decide on, and that is one out of Massachusetts and the issue of gay marriage.

FRANKEN: It is decided for the moment, at least. It's going to sidestep that issue, obviously a controversial one, deciding that there was no reason to get involved in the Massachusetts decision.

The high court of that state deciding that gay marriage was permissible. But that does not mean the issue has gone away. There are going to be other rulings in other states, and then the court may then decide to get involved.

KAGAN: All right. Bob Franken at the Supreme Court. Thank you.

SANCHEZ: Well, here's an interesting question. Is cheating on your significant other all in the genes? Dr. Sanjay Gupta looks at why -- or what may be the medical reason behind infidelity.

There's one for you.

KAGAN: There it is.

(COMMERCIAL BREAK)

SANCHEZ: It is now 29 minutes after the hour. Welcome back, folks. I'm Rick Sanchez.

KAGAN: And I'm Daryn Kagan. Good morning. Once again, let's take a look at what's happening "Now in the News."

We begin with the developing story out of Texas, where a U.S. Army Black Hawk helicopter has crashed near Temple, Texas. The chopper was traveling from Fort Hood to Texarkansas. Witnesses say the aircraft apparently hit a guide wire attached to a television station's transmitter tower. No word yet on the condition of the seven people who were on board that helicopter.

Federal investigators are headed to Colorado to look into a small plane crash that killed at least two people. NBC sports chairman Dick Ebersol was among the injured. His teenage son is still missing. His wife, actress Susan Saint James, was not on board the plane.

We do hope to learn more about the crash at noon. There will be a live press conference in Colorado at the top of the hour, and you'll see that live right here on CNN.

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Aired November 29, 2004 - 11:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
RICK SANCHEZ, CNN ANCHOR: And here's a look at what's happening right "Now in the News."
An Army Black Hawk helicopter from Fort Hood, Texas, has crashed in some foggy weather. It's just south of Waco, we understand. There's no immediate word on the casualties. The Associated Press says that seven soldiers were on board the helicopter. As we get more information on this story, and as we work it, we will bring you those details.

We also hope to learn more this hour about that plane crash in Colorado that killed two people and apparently seriously injured NBC sports chairman Dick Ebersol. One of Ebersol's also survived the crash, but his other son, the younger one, the 14-year-old, is still considered missing. He may have been ejected while still in his seat.

Well, just minutes from now, President Bush is expected to announce his choice for commerce secretary. Mr. Bush's close friend, Don Evans, tendered his resignation from the post earlier this month.

We're going to have the president's announcement. That is coming up live. That's expected at 11:05.

And we just learned that the announcement will be given, where they will name Carlos Gutierrez, who is the CEO of the Kellogg Corporation. Once again, Carlos Gutierrez, Hispanic, another member of the Bush cabinet, named at 11:05. We'll bring you that announcement as the president makes it, right here, live.

Also, demonstrators gathered outside the Supreme Court building in Kiev today. The court is considering an appeal of Ukraine's disputed presidential election. But the justices say they will not issue a ruling today. The opposition is demanding a new vote, alleging massive fraud in that election.

And Washington welcomes the king of Bahrain. Defense Secretary Donald Rumsfeld is going to host an honor cordon for the dignitary at the Pentagon this hour. President Bush meets with the king of Bahrain later today.

Keeping you informed, CNN, the most trusted name in news.

It is 11:00 a.m. on the East Coast, 8:00 a.m. out West. From the CNN Center in Atlanta, I'm Rick Sanchez.

DARYN KAGAN, CNN ANCHOR: And good morning once again. I'm Daryn Kagan.

A developing story out of the White House. President Bush is about to name his new commerce secretary, and it looks, Elaine, like he is going into the world of business. Elaine Quijano. Hi, Elaine.

ELAINE QUIJANO, CNN CORRESPONDENT: Hi. That's exactly right, Daryn.

Just a few moments ago a White House official confirmed that the president's pick will be Carlos Gutierrez, not a familiar name to most people. But in the business sector, he's known as the CEO of Kellogg. This announcement coming at 11:05, we are told, to replace -- the president's choice, rather, to replace outgoing Commerce secretary, Don Evans.

Now, we understand that really this is the first in a series of steps as the president looks ahead to move his domestic agenda, his economic agenda forward, really wanting to pick someone in place who can work effectively with Capitol Hill. Because the president is looking at some ambitious items, things like Social Security reform, also tax reform.

The president during the campaign has said over and over that he would like to see part of Social Security at least privatized to give people, young people, the ability to take some of their withholdings and invest that in personal accounts. So the president obviously going for someone with a business background here.

Carlos Gutierrez, as we said, the president's pick, the White House official telling us this just a moment ago. But the president also looking to retool, if you will, his entire economic team.

We understand as he looks not only at his domestic agenda, but obviously also on the global stage as well, some international issues, trade issues. And so look for the president to choose people to lead his team. People that he feels can be quite effective not only here in Washington and working with people on both sides of the aisle to get his reforms passed, but also on the international stage.

People who have business sense but also a grasp of the global politics. People that he feels will be best to move his agenda, not just domestically but internationally forward. But again, Carlos Gutierrez, the name that we are now being told by a White House official -- Daryn.

KAGAN: And here at CNN, at the global headquarters, we were able to gather some more information on him, Elaine.

He has been with the Kellogg Corporation since 1975. It looks like he worked that way up that corporation. A number of postings in Latin America, in Canada, and also at the corporate headquarters in Battle Creek, Michigan.

He has been the chairman of the board there since April 2000. Originally born in Havana, Cuba. So we expect to see and hear more about Carlos Gutierrez in just a couple of minutes, when that begins at the White House.

Meanwhile, let's get some more news in. And Rick has that.

SANCHEZ: Yes, and as soon as that happens we'll bring it to you. But first, we're going to begin in Colorado, with the very latest on that information, the plane crash that injured NBC sports chairman Dick Ebersol and killed two others. Ebersol's son, Charles, also survived the crash, but his 14-year-old son, as aforementioned, is still missing.

Safety investigators are soon going to be on the scene today. They're searching for the cause of this crash.

CNN's Sean Callebs is reporting from Montrose, Colorado.

(BEGIN VIDEOTAPE)

SEAN CALLEBS, CNN CORRESPONDENT: Federal officials now taking control of this investigation. The FAA and NTSB, they'll have a couple of jumping-off points as they try to determine the exact cause of this fatal crash.

One, the weather. At the time, the scheduled takeoff yesterday, it was snowy. It was cold. It was windy. They'll look at the de- icing procedure, and they'll also look at the maintenance of this aircraft.

Now, eyewitnesses say that once the plane began to take off from this end of the runway, it first veered to the right, then appeared to try and correct that. At that point it slid through a fence, slammed into an area just past the canal, with sagebrush and cedar trees.

And these pictures were taken by one of the eyewitnesses. You see the thick, black smoke billowing into the air, and also flames around the area where the fuselage would be. Now, when they came over, they described exactly what they first saw.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You could definitely smell fuel. There were small flames starting to -- starting to -- out of the front and back of the airplane, both, there were small flames starting to rise. And you could tell it was just a matter of time before that thing, you know, went into a big inferno of flames.

(END VIDEO CLIP)

CALLEBS: NBC sports chief Dick Ebersol is married to actress Susan Saint James. Now, apparently Ebersol's oldest son, Charles, a student at Notre Dame, helped him out of the wreckage. But 14-year- old Edward "Teddy" Ebersol, apparently the seat he was in was thrown from the wreckage at the time of the crash.

Authorities searched throughout the day yesterday, but found no sign of the 14-year-old. No doubt the search will resume today.

Just a short bit about the aircraft. It is a 600 Series Challenger built in Canada. A somewhat old plane, last built in 1983.

Now, the FAA, NTSB investigating. It's going to take some time to determine the exact cause of this crash.

Sean Callebs, CNN, Montrose, Colorado.

(END VIDEOTAPE)

KAGAN: More now on Dick Ebersol. He's had a long and innovative career at NBC. He had a hand in launching "Saturday Night Live," and has been the guiding hand of NBC Sports since 1989. Soledad O'Brien has more on Ebersol.

(BEGIN VIDEOTAPE)

S. O'BRIEN (voice-over): On Dick Ebersol's watch, NBC has become the network of the Olympics, locking up broadcast rights for the winter and summer games through 2012. A protege of Olympic innovator Roone Arledge, Ebersol has carried on the up close and personal tradition with the emphasis on telling stories rather than just giving results.

Before taking over as president of the sports division in 1989, Ebersol worked as an NBC entertainment executive. He was there for the launch of "Saturday Night Live," and briefly replaced Lorne Michaels as the show's executive producer in the early '80s. One of his lesser broadcast achievements, the ill-fated "XFL" in 2001.

Ebersol is married to actress Susan Saint James. According to NBC, she was not on board the plane.

Soledad O'Brien, CNN.

(END VIDEOTAPE)

KAGAN: All right. We're going to have a lot more on the Ebersol crash. We're expecting a news conference at the top of the hour out of Colorado on what the latest factor might have been involving that crash and the latest status of Ebersol's son, Teddy.

Meanwhile, a news conference getting under way, or an announcement getting under way at the White House. President Bush getting ready to announce his choice for commerce secretary.

SANCHEZ: And you know what's interesting about this? This would be the second time the president has named a Cuban-American in a cabinet position. And that would also be only the second Cuban- American to have a cabinet position in the history of the United States. For those of you wondering who the first one was, well, Mel Martinez, who's about to become a senator in the state of Florida in that election down there.

KAGAN: And as you can see, Carlos Gutierrez expected to be nominated for commerce secretary. The position being vacated by longtime Bush friend, Don Evans. And what we know about Carlos Gutierrez, the chairman of the board of Kellogg's. SANCHEZ: Yes, the -- he started in Mexico as a salesman and worked is way up the corporation to, I guess, the top job.

KAGAN: Do you think Kellogg's going to get the cereal concession at the White House now?

SANCHEZ: Wouldn't be a bad idea.

KAGAN: Insider dealing there?

SANCHEZ: Elaine Quijano is following the story for us. She's at the White House right now, trying to bring us up to date as she leads us into this news conference.

Elaine, what you got?

QUIJANO: Hello to you, Rick.

Well, President Bush during the campaign outlined a very ambitious domestic agenda, including Social Security reform and tax reform. Now, those two issues, of course, major issues that the president is going to be challenged on definitely by lawmakers on Capitol Hill.

So he want to have people in place who will be able to work effectively with lawmakers there. This choice, Carlos Gutierrez, someone that the president feels has that kind of background, the business background that you just mentioned, but also the ability to work with leaders there.

Now, Social Security reform, an especially important issue to the president. He would like to see privatization of at least part of it in terms of allowing some younger workers to -- to rather invest some of their withholdings into private accounts. Now, the choice also, though, relevant because it's really the first in a series of steps meant to redesign the overall economic team.

And here, President Bush. Let's take a listen.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Thank you all.

I am proud to announce my nomination of Carlos Gutierrez to be America's next secretary of commerce.

Carlos Gutierrez is one of America's most respected business leaders. He is a great American success story.

As CEO of the Kellogg company, he has been an effective visionary executive. He understands the world of business from the first rung on the ladder to the very top. He knows exactly what it takes to help American businesses growth and create jobs.

I look forward to having his creativity and expertise in my Cabinet.

Carlos's family came to America from Cuba when he was a boy. He learned English from a bellhop in a Miami hotel and later became an American citizen.

When his family eventually settled in Mexico City, Carlos took his first job for Kellogg as a truck driver, delivering Frosted Flakes to local stores.

Ten years after he started, he was running the Mexican business. And 15 years after that, he was running the entire company.

At every stage of this remarkable story, Carlos motivated others with his energy and optimism, and impressed others with his decency.

In his career, Carlos has been sustained by the values taught by his parents, Pedro (ph) and Olga (ph), and by the love of his wife Eddie (ph) and his children Carlos (ph), Erica (ph) and Karina (ph).

I know Olga (ph) Gutierrez, who lives in Florida, is proud to see the boy she took from Cuba chosen to help strengthen the world's greatest and finest economy.

BUSH: Carlos will carry on the work of a distinguished leader, Secretary Don Evans.

During the past four years, our economy has overcome a recession, terrorist attack, corporate scandals and the uncertainty that comes with war. In all these challenges, Don has been a strong and steady advocate for America's businesses and workers and entrepreneurs.

Don has also been my friend for over three decades. I've counted on his wisdom and optimism and character at every step on my journey to the White House.

Now Don's own journey leads him back to Texas, where we were young men together.

Don is one of the finest people I've ever known. I will miss having him in Washington, and Laura and I wish him and Susie well.

BUSH: When he's confirmed by the Senate, Carlos Gutierrez will take office at a time of historic opportunity for our changing economy.

With Carlos' leadership, we'll help more Americans, especially minorities and women, to start and grow their own small businesses. We'll reduce the burden of junk lawsuits and regulations on our entrepreneurs. We'll reform our outdated tax code to eliminate needless paperwork and encourage savings, investment and growth.

We'll continue our commitment to free and fair trade. Carlos and I know that America's workers can compete with anybody in the world.

And in all these policies, we will ensure that the American economy keeps creating jobs and remains dynamic and flexible far into the future.

In Carlos Gutierrez, the Department of Commerce will have an experienced manager and an innovative leader. BUSH: He will be a strong, principled voice for American business and an inspiration to millions of men and women who dream of a better life in our country.

I ask the Senate to confirm this fine nominee as quickly as possible. I look forward to welcoming him into my Cabinet.

Congratulations.

CARLOS GUTIERREZ, COMMERCE SECRETARY NOMINEE: Thank you, Mr. President.

I'm, needless to say, humbled. I'm honored. I'm very grateful to be here. And should the United States Senate confirm me, I look forward to working with you on your team, helping you achieve the plans that you've laid out, the bold plans for our economy.

And I'll be especially honored, if confirmed, to walk in the footsteps of Secretary Evans, who has served with great honor and distinction. And I realize those are big, big shoes to fill and I'm also grateful for the president to have chosen me to succeed someone of the stature and the caliber of Secretary Evans.

GUTIERREZ: Mr. President, I believe passionately in your vision of a 21st century where America is the best country in the world with which to do business.

We have the best people. We have the training. We have the workers. We have the culture. And I believe that the 21st century is really and truly the American century, as the president does.

I believe passionately in your leadership and direction you've set. I believe in your call for a vibrant, growing, entrepreneurial society where everyone has the opportunity to experience the joy and the pride of ownership, where everyone can contribute and where everyone can benefit.

I have had the opportunity to live that American dream, so I know that the president's vision is noble, I know it's real and I know it's tangible.

I left Cuba to come to this great country in 1960 as a political refugee. I left with my parents and my brother. We started, essentially, from scratch at that time.

Almost 30 years later, I joined the Kellogg Company and started selling cereal out of a van in Mexico City.

I recall saying to someone the other day that one of my big accomplishments in life was to obtain citizenship for my son and my wife. Because of where people were born -- born in different places -- they were not naturalized citizens upon birth, especially my son.

GUTIERREZ: So 14 years ago they became U.S. citizens. I was walking out of the courthouse and I told my son, "You know, if I get hit by a truck today, I'll feel a lot better because you are a citizen of the U.S."

So we never imagined, Mr. President, never imagined that this country would give me this great opportunity and that you would have the confidence in me, sir.

Mr. President, I'd like to recognize those who have been with me every step of the way, who have supported me and with whom I would not be here: my wife of 25 years, Eddie (ph), who has given me all the support and has become a big part of the success that I have had; Carlos, my son; my daughter Erica (ph); and my daughter Karina (ph). They've been with me throughout this journey.

GUTIERREZ: I would also be remiss, sir, if I didn't mention the 25,000 people who work at the Kellogg Company, the board of directors, for their support throughout the years. I would be nowhere near here without their support.

If confirmed by the Senate, I will be honored to serve President Bush, I will be honored to serve my country, honored to serve the Department of Commerce and play a role in advancing the president's great and bold agenda for our country.

Thank you.

Thank you, sir.

BUSH: Congratulations.

SANCHEZ: Carlos Gutierrez. And the president will likely avoid this question. Let's see -- he does.

KAGAN: Yes. No -- there will be no answering questions today at the White House. He had one thing to say and one thing only.

SANCHEZ: You know, it's interesting, as much as the news of this is Carlos Gutierrez coming in from Kellogg, when the president was referring to Don Evans it was almost like a separation that he didn't want to let go. He and Don Evans have been so close for so incredibly long.

KAGAN: Like this.

SANCHEZ: He's been that steady hand, that loyal partner throughout all of this. And he was saying, you know, he's going back to Texas, but he's going to resume his life and I'll stay here. It almost seemed like the president was saying, I wish that somehow we could stick it out together.

KAGAN: And yet, with naming Carlos Gutierrez, he is coming from outside of government. But the president making reference that they have known each other as well a long time. Not a surprise that the president would bring on somebody that he knows and feels comfortable with.

With more on this, let's bring in our Elaine Quijano -- Elaine. QUIJANO: Well, what's interesting, I think, Daryn, is something that Carlos Gutierrez himself said, and that is, "I have had the opportunity to live the American dream." And that a telling statement, really speaking to the credibility, if you will, of this person that the president has chosen after carefully deliberating this decision.

The person that will help lead the charge on the president's economic agenda. A person who not only has the credibility from a personal point of view, as a person who came to this country from a not -- not privileged background, and rising to the highest levels in corporate America, but also someone who does understand the business aspects as well.

And so, President Bush making note of really the personal story as well. Interestingly, Carlos Gutierrez starting off as a truck driver for Kellogg, and then moving on to the highest level there as CEO.

That is something that struck me as well. But, again, this really just the first part of really what's a makeover or retooling, as the president looks ahead to moving his economic agenda forward -- Daryn and Rick.

KAGAN: Elaine Quijano at the White House. Thank you.

SANCHEZ: We're going to continue to follow another very important story throughout the day. And that is the U.S. Supreme Court debating the issue of medical marijuana. We'll have it for you. Should there be a decision, we'll bring it to you right away.

KAGAN: Right now a quick break.

(COMMERCIAL BREAK)

KAGAN: Let's check in on the Supreme Court. It is hearing arguments this morning in the use of -- medical use of marijuana. Our national correspondent, Bob Franken, at the high court today -- Bob.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: And Daryn, it will be the case that's decided before the end of the year, and will be one of those of highest interest, as evidenced by the arguments today. Angel Raich and Diane Monson (ph) are users of marijuana. They say they use them for medical purposes to treat illnesses they cannot otherwise treat.

They do so under the California law. California's one of 10 states that allows -- or 11 states, rather -- that allows the use of medical marijuana. But that runs afoul of the Controlled Substance Act. As a result, Diane Monson's (ph) marijuana patch that she was growing, according to their briefs, strictly for her use, was destroyed by federal agents. And now the case has made it to the Supreme Court.

The question is, what about the constitutionality of a state law versus a federal law? It's an old state's right argument. At issue here is the commerce clause which gives Congress the right to regulate things that, among other things, have to do with the Commerce between the "several states."

The question is, does marijuana grown in California for use under California law in fact become interstate commerce? By implication, said the solicitor general, Paul Clement, the acting soliciting general, he said that it could possibly affect the entire regulation of marijuana, which, of course, would mean that which was sold between the states.

But the lawyer for Diane Monson (ph) said it was hypothetical. And the justices weighed in from a number of different point of views.

Justice Ruth Bader Ginsburg said nobody is buying anything, nobody is selling anything. But the -- the person who was arguing for the government, the Bush administration's position, that the law should be enforced on a federal level, said that it would extend over to recreational use. Again, involving interstate commerce. It's an interesting constitutional question, but a very human story -- Daryn.

KAGAN: Well, it's pretty apparent what the people behind you, the protesters behind you, how they feel on the issue. Another issue that the court decide on today, actually not to decide on, and that is one out of Massachusetts and the issue of gay marriage.

FRANKEN: It is decided for the moment, at least. It's going to sidestep that issue, obviously a controversial one, deciding that there was no reason to get involved in the Massachusetts decision.

The high court of that state deciding that gay marriage was permissible. But that does not mean the issue has gone away. There are going to be other rulings in other states, and then the court may then decide to get involved.

KAGAN: All right. Bob Franken at the Supreme Court. Thank you.

SANCHEZ: Well, here's an interesting question. Is cheating on your significant other all in the genes? Dr. Sanjay Gupta looks at why -- or what may be the medical reason behind infidelity.

There's one for you.

KAGAN: There it is.

(COMMERCIAL BREAK)

SANCHEZ: It is now 29 minutes after the hour. Welcome back, folks. I'm Rick Sanchez.

KAGAN: And I'm Daryn Kagan. Good morning. Once again, let's take a look at what's happening "Now in the News."

We begin with the developing story out of Texas, where a U.S. Army Black Hawk helicopter has crashed near Temple, Texas. The chopper was traveling from Fort Hood to Texarkansas. Witnesses say the aircraft apparently hit a guide wire attached to a television station's transmitter tower. No word yet on the condition of the seven people who were on board that helicopter.

Federal investigators are headed to Colorado to look into a small plane crash that killed at least two people. NBC sports chairman Dick Ebersol was among the injured. His teenage son is still missing. His wife, actress Susan Saint James, was not on board the plane.

We do hope to learn more about the crash at noon. There will be a live press conference in Colorado at the top of the hour, and you'll see that live right here on CNN.

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