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American Morning

One of Most Powerful Men in Sports Walks Away From Deadly Plane Crash; Future of Medical Marijuana

Aired November 29, 2004 - 07:00   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.


SOLEDAD O'BRIEN, CNN ANCHOR: One of the most powerful men in sports walks away from deadly plane crash while the search continues for his son.
Medical marijuana:

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I can't, because I would die. And I'm not willing to allow the federal government to execute me for simply being disabled.

(END VIDEO CLIP)

O'BRIEN: The future of medical marijuana laws now on the line as the Supreme Court takes up the case today.

And it's twins for America's leading lady. Julia Roberts has her hands full now, on this AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING, with Soledad O'Brien and Bill Hemmer.

O'BRIEN: Good morning. Welcome to Monday. Bill Hemmer has the day off today, but Miles O'Brien, my brother Miles is filling in this morning for him.

Nice to see you.

MILES O'BRIEN, CNN ANCHOR: I'm here for you.

Julia Roberts has her hands full, and you know how much.

S. O'BRIEN: Yes I do.

M. O'BRIEN: Phinneas (ph) and Hazel, were they on the short list for you?

S. O'BRIEN: Yes, yes, we were going to go with Phinneas and Hazel, and then at the last minute we went to Charles.

M. O'BRIEN: Anyway, good to be here.

We -- good morning to you all.

Some of the other stories we're looking at this morning, we're going to look at fresh concerns for the elections in Iraq. The date is still January 30th, but security problems persist, ethnic divisions almost derail the election over the weekend. We'll talk to U.S. Senator Ben Nelson, who just came back from the region, and we'll get an update on the situation.

S. O'BRIEN: Also this morning, America getting a new passport, one that's going to feature a tiny computer chip that's full of personal information that will help screen out passengers. But of course the question is this morning, is that chip a wide open door for identity thieves? A look at risks and the rewards this morning.

Good morning. Did you have a nice thanksgiving?

JACK CAFFERTY, CNN ANCHOR: I had a delightful thanksgiving, thank you for asking. It was most pleasant, four days off.

S. O'BRIEN: Fantastic.

CAFFERTY: And yourself?

S. O'BRIEN: I'm never doing that again.

CAFFERTY: You cooked dinner, didn't you?

S. O'BRIEN: And I'm never doing it again, and I'm never doing it again.

CAFFERTY: Is there any tape?

S. O'BRIEN: No, thank God.

What's the Question of the Day?

CAFFERTY: Marijuana for medicinal purposes. The Supreme Court of the United States here to debate whether this should be a federal rule or up to the states. Ten states say it's OK if your doctor says it's OK. Of course you could have a whole other debate on exactly what kind of medical situations would constitute the legal use of marijuana, like a little sore throat, a headache, or hang nails, morning mouth?

M. O'BRIEN: Or just 'cause.

CAFFERTY: Or just 'cause.

S. O'BRIEN: All right, Jack, thanks.

Let's get right to the headlines this morning. Heidi Collins at the news desk.

Good morning.

HEIDI COLLINS, CNN ANCHOR: Good morning to you guys, and good morning to you everybody.

Now in the news this morning, Iran has apparently agreed to suspend its uranium-enrichment activities. The country's chief nuclear negotiator says Iran reached an agreement with three European countries late last night. The deal keeps Iran from facing possible U.N. actions over its nuclear program.

Attempts still being made to resolve the week-long political crisis threatening to break up Ukraine. The high court there is considering an appeal for a new vote this morning, as opposition supporters take to the streets for an eighth day. Meanwhile, leaders in the eastern regions of the country are threatening to split from Ukraine if the pro-Russian candidate is not sworn in as president.

Reviews are coming in for the first weekend of holiday shopping now. A new survey shows 86 million Americans took advantage of the post-Thanksgiving sales, spending almost $23 billion over the holiday weekend. The survey was conducted by the National Retail Federation.

And blizzard-like conditions in Colorado. A winter storm dumped nearly three feet of snow in parts of the state. You're looking live now at Denver International Airport, otherwise known as DIA. It's still coming down as you can see. Snowy conditions being blamed for at least four traffic deaths over the weekend.

Once again, also heavy snowfall in parts of Nebraska and Kansas. That shot coming in to us from my old buddies at KUSA in Denver, Colorado.

Looks pretty nice, but you've got to be careful.

O'BRIEN: Yes, and of course it can be deadly. Thanks, Heidi.

Some questions about the role the snow may have played in this accident over the weekend. NBC Sports president Dick Ebersol surviving a plane crash in Colorado. His youngest son, though, still missing. Ebersol and his oldest son were taken to a hospital, along with a third person. According to reports, at least two people were killed in that crash. The plane crashed on Sunday morning, southwest of Denver, in the town of Montrose, and that's where we find CNN's Sean Callebs this morning.

Sean, good morning.

SEAN CALLEBS, CNN CORRESPONDENT: Good morning to you.

We can tell you that NBC Sports chief Dick Ebersol, his oldest son, Charles, are receiving treatment for their injuries in a hospital at Grand Junction. That's About 70 miles to the north of us. This after their chartered jet went down during takeoff yesterday. Still unclear exactly what happened. But the jet started at this end of the runway, apparently never got up, and skidded through a fence at the end, into a field and burst into flames, killing the pilot and co- pilot.

Apparently Dick Ebersol was pulled from the wreckage by his oldest son, Charles. An eyewitness at the scene was able to capture some very dramatic pictures. You saw the thick plume of smoke go up into the air and also some flames the and fuselage. Now, one terribly agonizing part about this story, apparently according to KUSA, the NBC affiliate in Denver, their 14-year-old son, Teddy, his seat was apparently ripped from the aircraft at some point during the crash, and investigators have been looking for the 14-year- old since yesterday, around 10:00 local time, Noon Eastern Time. No trace of Teddy.

We can tell you it is just bitterly cold out here. If you look at the weather conditions, you see the snow, and this is pretty much what it has been like in Colorado over the past 14 hours.

Now the NTSB and FAA are scheduled to arrive here this morning. They will, of course, take control of the investigation, and they will have a couple of jumping-off points. They will, of course, look at the weather. They will see if this plane, which is capable of seating 12 people, a 600 Challenger series that was developed in the '70s and built in the early '80s, if the deicing process was done properly, if it was effective enough. They'll also look at the maintenance records of that aircraft as well. They'll also try to look and see if there was some other mitigating factor that could have led to some kind of catastrophic -- that led to the crash. Of course there's no way of knowing that yet.

We don't know if this had a flight-data recorder, but apparently did have a cockpit-voice recorder. And if indeed they are able to find that, if it survived the crash, it should be able to provide some very important clues for the investigators. They would be able to know, for example, Soledad, if indeed one of the engines went out on the jet just before the crash.

S. O'BRIEN: Terrible heartbreak for that family.

Sean Callebs for us this morning. Sean, thanks.

Dick Ebersol is a legendary figure in the TV industry. he's been on the cutting edge for more than three decades, both in entertainment, where he helped create the "Saturday Night Live," and in sports, where his name become synonymous with the Olympics.

(BEGIN VIDEOTAPE)

S. O'BRIEN: 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 Rune 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 St. James. According to NBC, she was not onboard the plane.

(END VIDEOTAPE)

S. O'BRIEN: Coming up in our next hour, we're going to talk to an eye-witness to the crash and also show you some of the pictures that he took, ahead -- Miles.

M. O'BRIEN: The legal debate over medical marijuana headed for the Supreme Court. In a showdown this morning, the court hears arguments in a case that may determine if patients in 11 states are violating federal drug laws.

CNN's Chris Lawrence with our report.

(BEGIN VIDEOTAPE)

CHRIS LAWRENCE, CNN CORRESPONDENT (voice-over): Angel Raich is a white mother and patient, just 39 years old and sick from head to toe.

ANGEL RAICH, MEDICAL MARIJUANA USER: I have an inoperable brain tumor.

LAWRENCE: Along with a joint disease that causes spasms and seizures.

RAICH: Nausea, severe chronic pain. I really am unfortunately riddled with illness.

LAWRENCE: Raich lives in constant pain, but she also lives in California, which legalized marijuana for medical use eight years ago. Raich's doctor recommended the treatment and she lights up every two hours, smoking about three ounces a week. Her stash is grown for her but no money exchanged.

(on-camera) Now California and 10 other states have no problem with that, but the Federal government does.

(voice-over): Federal health officials say there are no proven benefits from marijuana use and it may even contribute to cancer. Beyond that, the Bush administration says it's still an illegal narcotic, that ultimately funds criminals and terrorists.

A Federal appeals court ruled that states are free to adopt medical marijuana laws, so long as pot is not sold or transported across states lines. It said Federal laws that criminalize marijuana don't apply to patients whose doctors have recommended the drug. Raich says no matter what the Supreme Court decides, she won't stop smoking.

RAICH: I can't because I will die and I'm not willing to allow the Federal government to execute me for simply being disabled.

LAWRENCE: With patients and states saying one thing and the Federal government another, it's now up to the Supreme Court to cut through this cloud of conflicting views. Chris Lawrence, CNN, Chicago.

(END VIDEOTAPE)

M. O'BRIEN: For the low down on the issues and high court -- the term high court has me to meaning today, doesn't it? Legal analyst Jeffrey Toobin is joining us now.

Jeff, good have you with us.

First of all, what's kind of interesting to me, is where conservatives end up in this particular debate, becomes kind of a states' right issue, which puts them on the other side of an issue, the drug issue, than they normally would be.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Right. You know, when -- we may be entering a period where the Supreme Court is dominated by conservatives. But conservatism can mean a bunch of different things, and this a case where conservatives are split, because on the one hand, you have John Ashcroft, social conservatives, law and order types, who say the federal government bans marijuana, that's all that we need to know, end of story, whereas we have states' rights, more libertarian conservatives, saying, look, states are the laboratories of democracy, they're allowed to experiment with their own laws, do things differently. That's the conflict in this case.

M. O'BRIEN: And interesting a lot of liberal groups, who are concerned about protecting the environment, come down the other way on this issue.

TOOBIN: They're very squirrelly alliances here. The argument by the libertarians in this case is that the federal government has no right to litigate in this area. Under the commerce clause of the Constitution, this simply is not something the federal government can do. Liberals are saying, hey, we like a powerful federal government, we want the federal government to be able to regulate a lot on the environment, to protect women, so we are on John Ashcroft's side in this case, the liberals says, we want a strong federal role.

M. O'BRIEN: Strange bedfellows indeed. Well, give us a sense of then of what the argument is from the Ashcroft position, the Bush administration position?

TOOBIN: The Bush position is the federal government has regulated narcotics, has criminalized drugs for years. This is a core function of the federal government. This is something that we, the federal government, have done for years. There's an important interest in making sure that drugs do not spread throughout the country. That's all we're doing in this case, is making sure that marijuana, which is an illegal drug, is banned throughout the country.

M. O'BRIEN: All right, now the court has come down on this issue twice, and it's a split, so it's kind of difficult to see where it's headed now.

TOOBIN: This is -- I mean, as we've just been discussing here, the alliances are so peculiar here, it's very hard to predict how they will come out, although when it comes to drugs, this is a court that takes that responsibility very seriously. So I would say that the edge probably is with John Ashcroft and the federal government.

M. O'BRIEN: All right, reading the tea leaves, or some other kind of leaves, in this case.

TOOBIN: Indeed.

M. O'BRIEN: Jeff Toobin, thank you very much.

TOOBIN: We're having fun with this one.

M. O'BRIEN: Of course we are. It's a gift to anchors. We appreciate it.

All right.

(WEATHER REPORT)

M. O'BRIEN: Still to come, those bizarre hunter killings to tell you about in Wisconsin. A lawyer calls it a why-done-it instead of whodunit. We'll explain that one. So what does the suspect's daughter have to say, though? We'll tell you about that.

S. O'BRIEN: Also this morning, the old-fashioned passport soon might be a thing of the past? But could the new technology actually make you less safe? We'll look at that.

M. O'BRIEN: And next, violence might force Iraq to post-opinion those elections in January. We'll ask a senator just back from the region why we should all be concerned about that. That's ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

S. O'BRIEN: Senator Nelson is just back from a tour of the Persian Gulf region. In Iraq, he met with U.S. troops and talked with Iraqi leaders about the planned election in January. The senator's in Washington, D.C., this morning.

Good morning to you, Senator. Nice to see you. Thanks for being with us.

SEN. BEN NELSON (D), NEBRASKA: Nice to see you, Soledad.

S. O'BRIEN: Thank you.

Let's talk a little bit about the election. A respected Sunni leader is now saying that they would like to see the election pushed back six months. The administration says at this point no indication at this point that they're going to change that date.

Where do you stand on when these elections should take place?

NELSON: Well, I met with both Sunni and Shia leaders. The Shia seem to be along with the Kurds, thinking that we can move forward as quickly as we could. The Sunnis, of course, in the triangle area, are concerned that they won't have safe elections. So I think you can understand their different perspectives.

But the whole thing will be settled by Prime Minister Allawi, who said the elections will go forward. And they may not be perfect, but there's more to be lost by waiting than there is to be gained by waiting.

S. O'BRIEN: Many people say there's lots to be lost, in fact, if you do the elections in January, as it is planned right now. But there's a risk that the elections then won't be representative if, in fact, the Sunnis boycott. And there's also a risk, frankly, to U.S. troops: If the Sunnis are unhappy at the end with the results, that could increase the insurgency in the area.

What do you think of those arguments?

NELSON: Well, those arguments have some validity. There's no question about it.

The point is, though that if the insurgents take a delay in the election -- and this is an election not to elect people but to establish a constitution -- that if they take this as a victory, then the insurgency could increase.

So it's, sort of, on the horns of a dilemma as to which way you go. But Prime Minister Allawi has said that he's going to move forward.

S. O'BRIEN: Prime Minister Allawi, in fact, has met with the exiled opposition groups, and that's in an effort to try to stem some of this insurgency. Is there a sense that a lot of the insurgency within the country is actually coming from outside or is it foreign fighters who are leading the insurgency or is it the people inside the country who are leading the insurgency?

NELSON: It's all the above. There are outsiders that we think are being supported by outside governments. There are those who have come to fight on a jihad. There are those insurgents who feel they have nothing to lose by fighting and everything to lose if they don't fight.

So it's a combination: sort of a group that's gotten together an unholy alliance of people who are really aimed at stopping the elections, stopping the progress and defeating democratic process in that country.

S. O'BRIEN: You spent the holiday with some of the troops, as we mentioned as we were introducing you. How's the morale? And do the troops feel like they're getting everything they need -- everything in terms of body armor and support?

NELSON: Well, the troops that I met with were Nebraskans -- and I met with some others as well. I thought the morale was high. Given the fact that they're in a war zone and people are dying in that area all the time, I think their morale was high.

And, yes, to a person, they felt that they were getting the kind of equipment now that they're expecting to get: up-armored and retrofitted Humvees, the body armor. I didn't hear the things that I heard before and I had been hearing from parents over the last several months that they were not getting the equipment that's required for their personal safety.

S. O'BRIEN: Nebraska Senator Ben Nelson just back from Iraq, thanks for being with us, sir. Appreciate it -- Miles.

NELSON: Thank you.

M. O'BRIEN: Charges expected today for the man suspected of shooting hunters in Wisconsin. Chai Vang, accused of shooting eight hunters, including six of them during a dispute over a hunting spot. Vang claims the hunters used racial slurs before shooting at him. One of the survivors say Vang shot first, however. Vang's daughter says the truth will eventually come out.

(BEGIN VIDEO CLIP)

KIA VANG: Hi father, he is a great person, and he does take care of his family. He love his family very much. At the time, I really don't know what my father did. You know, I haven't talked to him. I haven't had any kind of contact with him. You know, it was a shock to me.

(END VIDEO CLIP)

M. O'BRIEN: Attorneys for advantage say they may look at a mental health defense -- Soledad.

S. O'BRIEN: Still to come, we are "Minding Your Business." Gerri Willis will tell us why black Friday was more like blue Friday for one huge retailer. Stay with us, on AMERICAN MORNING.

(COMMERCIAL BREAK)

M. O'BRIEN: All right, a big weekend for retailers, most retailers. Some kinks in the holiday cheer for Wal-mart, of all people.

Gerri Willis, in for Andy Serwer, she's "Minding Your Business" this morning. What happened to Wal-mart?

GERRI WILLIS, CNN CORRESPONDENT: Well, it's shocking, I guess you could say. Wal-mart had predicted a big increase in November sales, 2 to 4 percent, and they're coming in much lower, 0.7 percent. You know what shoppers are looking for. They're for big discounts out there. They want to see the big sales. They didn't see it over the Black Friday holiday weekend.

Let's look at the broader numbers, though, for retailers across the board. Retailers calling this a blockbuster weekend for black Friday sales, the whole weekend in fact. Shoppers spent $22.8 billion, that's 10 percent of the total holiday spending expected. Retailers here calling for a 4.5 percent increase in spending year-to- year. M. O'BRIEN: You know, I always look at that tape and wonder either people are really loving shopping or incredibly bored to go out on a day like that and shop.

WILLIS: It's an event now, you know, people love to get out.

M. O'BRIEN: It's both, yes, Soledad says it's both.

WILLIS: It's something that you can do with family, you know. You go out, you do the big spending. I'm sure you did the same.

M. O'BRIEN: No, I did not. I can not stand...

S. O'BRIEN: You know what, I agree with you. I would no sooner go out with 10 zillion other people. That's just me. Miles and I stayed home.

WILLIS: You can do it online.

M. O'BRIEN: Online, there you go. That's the way to go.

All right, thank you, Gerri.

S. O'BRIEN: Jack's got the Question of the Day. I was trying to think of a witty segue, because it's all about smoking pot, but I can't...

CAFFERTY: Between now and 10:00 we'll do all the cheap jokes, like what was Julia Roberts smoking when she picked the name for the twins? What was the one name?

S. O'BRIEN: Phinneas (ph) and...

CAFFERTY: Phinneas.

M. O'BRIEN: Phinneas, which were on the short list for Soledad.

CAFFERTY: Phinneas.

When it comes to pot, the country has a bit of a problem. There are 11 states that allow you to smoke the stuff if your doctor says it's necessary, for health reasons. The federal government, though, says marijuana is illegal period, no exceptions. The Supreme Court of the United States is going to decide who's right.

The case in question is a woman in California, Angel Rache. She has an inoperable brain tumor. Her California doctors have prescribed marijuana to ease the pain. Ultimately, the high court decides whether the federal law that bans marijuana possession can be enforced in the states where the medical use of pot is legal. Here's the question, under what circumstances should marijuana be legal? AM@cnn.com.

I actually went to a shopping mall on Friday with my -- with Mrs. Cafferty.

M. O'BRIEN: You did. So was it boredom, or love of shopping?

CAFFERTY: It was neither. It was you want to keep peace in the family.

M. O'BRIEN: There is that third option.

CAFFERTY: And you know, it was busy, but it was not as busy as one might have expected.

S. O'BRIEN: Really? I always think it's going to be crazed, which is why I never go.

So you were the official bag carrier?

CAFFERTY: Exactly, that's what I do. I hand the credit card and then I carry the sack around.

M. O'BRIEN: Just call him sherpa.

CAFFERTY: Your guide lama, or whatever.

S. O'BRIEN: Thanks, Jack. Still to come, a Monday morning helping of "90-Second Pop."

Julia Roberts doubles her fun with newborn twins. The baby's names, though, will make you do a double-take.

Plus, why count Alexander the Great conquer the box office? Ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

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Aired November 29, 2004 - 07:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: One of the most powerful men in sports walks away from deadly plane crash while the search continues for his son.
Medical marijuana:

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I can't, because I would die. And I'm not willing to allow the federal government to execute me for simply being disabled.

(END VIDEO CLIP)

O'BRIEN: The future of medical marijuana laws now on the line as the Supreme Court takes up the case today.

And it's twins for America's leading lady. Julia Roberts has her hands full now, on this AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING, with Soledad O'Brien and Bill Hemmer.

O'BRIEN: Good morning. Welcome to Monday. Bill Hemmer has the day off today, but Miles O'Brien, my brother Miles is filling in this morning for him.

Nice to see you.

MILES O'BRIEN, CNN ANCHOR: I'm here for you.

Julia Roberts has her hands full, and you know how much.

S. O'BRIEN: Yes I do.

M. O'BRIEN: Phinneas (ph) and Hazel, were they on the short list for you?

S. O'BRIEN: Yes, yes, we were going to go with Phinneas and Hazel, and then at the last minute we went to Charles.

M. O'BRIEN: Anyway, good to be here.

We -- good morning to you all.

Some of the other stories we're looking at this morning, we're going to look at fresh concerns for the elections in Iraq. The date is still January 30th, but security problems persist, ethnic divisions almost derail the election over the weekend. We'll talk to U.S. Senator Ben Nelson, who just came back from the region, and we'll get an update on the situation.

S. O'BRIEN: Also this morning, America getting a new passport, one that's going to feature a tiny computer chip that's full of personal information that will help screen out passengers. But of course the question is this morning, is that chip a wide open door for identity thieves? A look at risks and the rewards this morning.

Good morning. Did you have a nice thanksgiving?

JACK CAFFERTY, CNN ANCHOR: I had a delightful thanksgiving, thank you for asking. It was most pleasant, four days off.

S. O'BRIEN: Fantastic.

CAFFERTY: And yourself?

S. O'BRIEN: I'm never doing that again.

CAFFERTY: You cooked dinner, didn't you?

S. O'BRIEN: And I'm never doing it again, and I'm never doing it again.

CAFFERTY: Is there any tape?

S. O'BRIEN: No, thank God.

What's the Question of the Day?

CAFFERTY: Marijuana for medicinal purposes. The Supreme Court of the United States here to debate whether this should be a federal rule or up to the states. Ten states say it's OK if your doctor says it's OK. Of course you could have a whole other debate on exactly what kind of medical situations would constitute the legal use of marijuana, like a little sore throat, a headache, or hang nails, morning mouth?

M. O'BRIEN: Or just 'cause.

CAFFERTY: Or just 'cause.

S. O'BRIEN: All right, Jack, thanks.

Let's get right to the headlines this morning. Heidi Collins at the news desk.

Good morning.

HEIDI COLLINS, CNN ANCHOR: Good morning to you guys, and good morning to you everybody.

Now in the news this morning, Iran has apparently agreed to suspend its uranium-enrichment activities. The country's chief nuclear negotiator says Iran reached an agreement with three European countries late last night. The deal keeps Iran from facing possible U.N. actions over its nuclear program.

Attempts still being made to resolve the week-long political crisis threatening to break up Ukraine. The high court there is considering an appeal for a new vote this morning, as opposition supporters take to the streets for an eighth day. Meanwhile, leaders in the eastern regions of the country are threatening to split from Ukraine if the pro-Russian candidate is not sworn in as president.

Reviews are coming in for the first weekend of holiday shopping now. A new survey shows 86 million Americans took advantage of the post-Thanksgiving sales, spending almost $23 billion over the holiday weekend. The survey was conducted by the National Retail Federation.

And blizzard-like conditions in Colorado. A winter storm dumped nearly three feet of snow in parts of the state. You're looking live now at Denver International Airport, otherwise known as DIA. It's still coming down as you can see. Snowy conditions being blamed for at least four traffic deaths over the weekend.

Once again, also heavy snowfall in parts of Nebraska and Kansas. That shot coming in to us from my old buddies at KUSA in Denver, Colorado.

Looks pretty nice, but you've got to be careful.

O'BRIEN: Yes, and of course it can be deadly. Thanks, Heidi.

Some questions about the role the snow may have played in this accident over the weekend. NBC Sports president Dick Ebersol surviving a plane crash in Colorado. His youngest son, though, still missing. Ebersol and his oldest son were taken to a hospital, along with a third person. According to reports, at least two people were killed in that crash. The plane crashed on Sunday morning, southwest of Denver, in the town of Montrose, and that's where we find CNN's Sean Callebs this morning.

Sean, good morning.

SEAN CALLEBS, CNN CORRESPONDENT: Good morning to you.

We can tell you that NBC Sports chief Dick Ebersol, his oldest son, Charles, are receiving treatment for their injuries in a hospital at Grand Junction. That's About 70 miles to the north of us. This after their chartered jet went down during takeoff yesterday. Still unclear exactly what happened. But the jet started at this end of the runway, apparently never got up, and skidded through a fence at the end, into a field and burst into flames, killing the pilot and co- pilot.

Apparently Dick Ebersol was pulled from the wreckage by his oldest son, Charles. An eyewitness at the scene was able to capture some very dramatic pictures. You saw the thick plume of smoke go up into the air and also some flames the and fuselage. Now, one terribly agonizing part about this story, apparently according to KUSA, the NBC affiliate in Denver, their 14-year-old son, Teddy, his seat was apparently ripped from the aircraft at some point during the crash, and investigators have been looking for the 14-year- old since yesterday, around 10:00 local time, Noon Eastern Time. No trace of Teddy.

We can tell you it is just bitterly cold out here. If you look at the weather conditions, you see the snow, and this is pretty much what it has been like in Colorado over the past 14 hours.

Now the NTSB and FAA are scheduled to arrive here this morning. They will, of course, take control of the investigation, and they will have a couple of jumping-off points. They will, of course, look at the weather. They will see if this plane, which is capable of seating 12 people, a 600 Challenger series that was developed in the '70s and built in the early '80s, if the deicing process was done properly, if it was effective enough. They'll also look at the maintenance records of that aircraft as well. They'll also try to look and see if there was some other mitigating factor that could have led to some kind of catastrophic -- that led to the crash. Of course there's no way of knowing that yet.

We don't know if this had a flight-data recorder, but apparently did have a cockpit-voice recorder. And if indeed they are able to find that, if it survived the crash, it should be able to provide some very important clues for the investigators. They would be able to know, for example, Soledad, if indeed one of the engines went out on the jet just before the crash.

S. O'BRIEN: Terrible heartbreak for that family.

Sean Callebs for us this morning. Sean, thanks.

Dick Ebersol is a legendary figure in the TV industry. he's been on the cutting edge for more than three decades, both in entertainment, where he helped create the "Saturday Night Live," and in sports, where his name become synonymous with the Olympics.

(BEGIN VIDEOTAPE)

S. O'BRIEN: 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 Rune 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 St. James. According to NBC, she was not onboard the plane.

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S. O'BRIEN: Coming up in our next hour, we're going to talk to an eye-witness to the crash and also show you some of the pictures that he took, ahead -- Miles.

M. O'BRIEN: The legal debate over medical marijuana headed for the Supreme Court. In a showdown this morning, the court hears arguments in a case that may determine if patients in 11 states are violating federal drug laws.

CNN's Chris Lawrence with our report.

(BEGIN VIDEOTAPE)

CHRIS LAWRENCE, CNN CORRESPONDENT (voice-over): Angel Raich is a white mother and patient, just 39 years old and sick from head to toe.

ANGEL RAICH, MEDICAL MARIJUANA USER: I have an inoperable brain tumor.

LAWRENCE: Along with a joint disease that causes spasms and seizures.

RAICH: Nausea, severe chronic pain. I really am unfortunately riddled with illness.

LAWRENCE: Raich lives in constant pain, but she also lives in California, which legalized marijuana for medical use eight years ago. Raich's doctor recommended the treatment and she lights up every two hours, smoking about three ounces a week. Her stash is grown for her but no money exchanged.

(on-camera) Now California and 10 other states have no problem with that, but the Federal government does.

(voice-over): Federal health officials say there are no proven benefits from marijuana use and it may even contribute to cancer. Beyond that, the Bush administration says it's still an illegal narcotic, that ultimately funds criminals and terrorists.

A Federal appeals court ruled that states are free to adopt medical marijuana laws, so long as pot is not sold or transported across states lines. It said Federal laws that criminalize marijuana don't apply to patients whose doctors have recommended the drug. Raich says no matter what the Supreme Court decides, she won't stop smoking.

RAICH: I can't because I will die and I'm not willing to allow the Federal government to execute me for simply being disabled.

LAWRENCE: With patients and states saying one thing and the Federal government another, it's now up to the Supreme Court to cut through this cloud of conflicting views. Chris Lawrence, CNN, Chicago.

(END VIDEOTAPE)

M. O'BRIEN: For the low down on the issues and high court -- the term high court has me to meaning today, doesn't it? Legal analyst Jeffrey Toobin is joining us now.

Jeff, good have you with us.

First of all, what's kind of interesting to me, is where conservatives end up in this particular debate, becomes kind of a states' right issue, which puts them on the other side of an issue, the drug issue, than they normally would be.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Right. You know, when -- we may be entering a period where the Supreme Court is dominated by conservatives. But conservatism can mean a bunch of different things, and this a case where conservatives are split, because on the one hand, you have John Ashcroft, social conservatives, law and order types, who say the federal government bans marijuana, that's all that we need to know, end of story, whereas we have states' rights, more libertarian conservatives, saying, look, states are the laboratories of democracy, they're allowed to experiment with their own laws, do things differently. That's the conflict in this case.

M. O'BRIEN: And interesting a lot of liberal groups, who are concerned about protecting the environment, come down the other way on this issue.

TOOBIN: They're very squirrelly alliances here. The argument by the libertarians in this case is that the federal government has no right to litigate in this area. Under the commerce clause of the Constitution, this simply is not something the federal government can do. Liberals are saying, hey, we like a powerful federal government, we want the federal government to be able to regulate a lot on the environment, to protect women, so we are on John Ashcroft's side in this case, the liberals says, we want a strong federal role.

M. O'BRIEN: Strange bedfellows indeed. Well, give us a sense of then of what the argument is from the Ashcroft position, the Bush administration position?

TOOBIN: The Bush position is the federal government has regulated narcotics, has criminalized drugs for years. This is a core function of the federal government. This is something that we, the federal government, have done for years. There's an important interest in making sure that drugs do not spread throughout the country. That's all we're doing in this case, is making sure that marijuana, which is an illegal drug, is banned throughout the country.

M. O'BRIEN: All right, now the court has come down on this issue twice, and it's a split, so it's kind of difficult to see where it's headed now.

TOOBIN: This is -- I mean, as we've just been discussing here, the alliances are so peculiar here, it's very hard to predict how they will come out, although when it comes to drugs, this is a court that takes that responsibility very seriously. So I would say that the edge probably is with John Ashcroft and the federal government.

M. O'BRIEN: All right, reading the tea leaves, or some other kind of leaves, in this case.

TOOBIN: Indeed.

M. O'BRIEN: Jeff Toobin, thank you very much.

TOOBIN: We're having fun with this one.

M. O'BRIEN: Of course we are. It's a gift to anchors. We appreciate it.

All right.

(WEATHER REPORT)

M. O'BRIEN: Still to come, those bizarre hunter killings to tell you about in Wisconsin. A lawyer calls it a why-done-it instead of whodunit. We'll explain that one. So what does the suspect's daughter have to say, though? We'll tell you about that.

S. O'BRIEN: Also this morning, the old-fashioned passport soon might be a thing of the past? But could the new technology actually make you less safe? We'll look at that.

M. O'BRIEN: And next, violence might force Iraq to post-opinion those elections in January. We'll ask a senator just back from the region why we should all be concerned about that. That's ahead on AMERICAN MORNING.

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S. O'BRIEN: Senator Nelson is just back from a tour of the Persian Gulf region. In Iraq, he met with U.S. troops and talked with Iraqi leaders about the planned election in January. The senator's in Washington, D.C., this morning.

Good morning to you, Senator. Nice to see you. Thanks for being with us.

SEN. BEN NELSON (D), NEBRASKA: Nice to see you, Soledad.

S. O'BRIEN: Thank you.

Let's talk a little bit about the election. A respected Sunni leader is now saying that they would like to see the election pushed back six months. The administration says at this point no indication at this point that they're going to change that date.

Where do you stand on when these elections should take place?

NELSON: Well, I met with both Sunni and Shia leaders. The Shia seem to be along with the Kurds, thinking that we can move forward as quickly as we could. The Sunnis, of course, in the triangle area, are concerned that they won't have safe elections. So I think you can understand their different perspectives.

But the whole thing will be settled by Prime Minister Allawi, who said the elections will go forward. And they may not be perfect, but there's more to be lost by waiting than there is to be gained by waiting.

S. O'BRIEN: Many people say there's lots to be lost, in fact, if you do the elections in January, as it is planned right now. But there's a risk that the elections then won't be representative if, in fact, the Sunnis boycott. And there's also a risk, frankly, to U.S. troops: If the Sunnis are unhappy at the end with the results, that could increase the insurgency in the area.

What do you think of those arguments?

NELSON: Well, those arguments have some validity. There's no question about it.

The point is, though that if the insurgents take a delay in the election -- and this is an election not to elect people but to establish a constitution -- that if they take this as a victory, then the insurgency could increase.

So it's, sort of, on the horns of a dilemma as to which way you go. But Prime Minister Allawi has said that he's going to move forward.

S. O'BRIEN: Prime Minister Allawi, in fact, has met with the exiled opposition groups, and that's in an effort to try to stem some of this insurgency. Is there a sense that a lot of the insurgency within the country is actually coming from outside or is it foreign fighters who are leading the insurgency or is it the people inside the country who are leading the insurgency?

NELSON: It's all the above. There are outsiders that we think are being supported by outside governments. There are those who have come to fight on a jihad. There are those insurgents who feel they have nothing to lose by fighting and everything to lose if they don't fight.

So it's a combination: sort of a group that's gotten together an unholy alliance of people who are really aimed at stopping the elections, stopping the progress and defeating democratic process in that country.

S. O'BRIEN: You spent the holiday with some of the troops, as we mentioned as we were introducing you. How's the morale? And do the troops feel like they're getting everything they need -- everything in terms of body armor and support?

NELSON: Well, the troops that I met with were Nebraskans -- and I met with some others as well. I thought the morale was high. Given the fact that they're in a war zone and people are dying in that area all the time, I think their morale was high.

And, yes, to a person, they felt that they were getting the kind of equipment now that they're expecting to get: up-armored and retrofitted Humvees, the body armor. I didn't hear the things that I heard before and I had been hearing from parents over the last several months that they were not getting the equipment that's required for their personal safety.

S. O'BRIEN: Nebraska Senator Ben Nelson just back from Iraq, thanks for being with us, sir. Appreciate it -- Miles.

NELSON: Thank you.

M. O'BRIEN: Charges expected today for the man suspected of shooting hunters in Wisconsin. Chai Vang, accused of shooting eight hunters, including six of them during a dispute over a hunting spot. Vang claims the hunters used racial slurs before shooting at him. One of the survivors say Vang shot first, however. Vang's daughter says the truth will eventually come out.

(BEGIN VIDEO CLIP)

KIA VANG: Hi father, he is a great person, and he does take care of his family. He love his family very much. At the time, I really don't know what my father did. You know, I haven't talked to him. I haven't had any kind of contact with him. You know, it was a shock to me.

(END VIDEO CLIP)

M. O'BRIEN: Attorneys for advantage say they may look at a mental health defense -- Soledad.

S. O'BRIEN: Still to come, we are "Minding Your Business." Gerri Willis will tell us why black Friday was more like blue Friday for one huge retailer. Stay with us, on AMERICAN MORNING.

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M. O'BRIEN: All right, a big weekend for retailers, most retailers. Some kinks in the holiday cheer for Wal-mart, of all people.

Gerri Willis, in for Andy Serwer, she's "Minding Your Business" this morning. What happened to Wal-mart?

GERRI WILLIS, CNN CORRESPONDENT: Well, it's shocking, I guess you could say. Wal-mart had predicted a big increase in November sales, 2 to 4 percent, and they're coming in much lower, 0.7 percent. You know what shoppers are looking for. They're for big discounts out there. They want to see the big sales. They didn't see it over the Black Friday holiday weekend.

Let's look at the broader numbers, though, for retailers across the board. Retailers calling this a blockbuster weekend for black Friday sales, the whole weekend in fact. Shoppers spent $22.8 billion, that's 10 percent of the total holiday spending expected. Retailers here calling for a 4.5 percent increase in spending year-to- year. M. O'BRIEN: You know, I always look at that tape and wonder either people are really loving shopping or incredibly bored to go out on a day like that and shop.

WILLIS: It's an event now, you know, people love to get out.

M. O'BRIEN: It's both, yes, Soledad says it's both.

WILLIS: It's something that you can do with family, you know. You go out, you do the big spending. I'm sure you did the same.

M. O'BRIEN: No, I did not. I can not stand...

S. O'BRIEN: You know what, I agree with you. I would no sooner go out with 10 zillion other people. That's just me. Miles and I stayed home.

WILLIS: You can do it online.

M. O'BRIEN: Online, there you go. That's the way to go.

All right, thank you, Gerri.

S. O'BRIEN: Jack's got the Question of the Day. I was trying to think of a witty segue, because it's all about smoking pot, but I can't...

CAFFERTY: Between now and 10:00 we'll do all the cheap jokes, like what was Julia Roberts smoking when she picked the name for the twins? What was the one name?

S. O'BRIEN: Phinneas (ph) and...

CAFFERTY: Phinneas.

M. O'BRIEN: Phinneas, which were on the short list for Soledad.

CAFFERTY: Phinneas.

When it comes to pot, the country has a bit of a problem. There are 11 states that allow you to smoke the stuff if your doctor says it's necessary, for health reasons. The federal government, though, says marijuana is illegal period, no exceptions. The Supreme Court of the United States is going to decide who's right.

The case in question is a woman in California, Angel Rache. She has an inoperable brain tumor. Her California doctors have prescribed marijuana to ease the pain. Ultimately, the high court decides whether the federal law that bans marijuana possession can be enforced in the states where the medical use of pot is legal. Here's the question, under what circumstances should marijuana be legal? AM@cnn.com.

I actually went to a shopping mall on Friday with my -- with Mrs. Cafferty.

M. O'BRIEN: You did. So was it boredom, or love of shopping?

CAFFERTY: It was neither. It was you want to keep peace in the family.

M. O'BRIEN: There is that third option.

CAFFERTY: And you know, it was busy, but it was not as busy as one might have expected.

S. O'BRIEN: Really? I always think it's going to be crazed, which is why I never go.

So you were the official bag carrier?

CAFFERTY: Exactly, that's what I do. I hand the credit card and then I carry the sack around.

M. O'BRIEN: Just call him sherpa.

CAFFERTY: Your guide lama, or whatever.

S. O'BRIEN: Thanks, Jack. Still to come, a Monday morning helping of "90-Second Pop."

Julia Roberts doubles her fun with newborn twins. The baby's names, though, will make you do a double-take.

Plus, why count Alexander the Great conquer the box office? Ahead on AMERICAN MORNING.

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