Return to Transcripts main page

CNN Live Today

President Bush Has Come Up with Choice for His Next Commerce Secretary; Medical Marijuana

Aired November 29, 2004 - 10:30   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: Here's what we're following right now. First of all, the U.S. Supreme Court has seemingly sidestepped a dispute over gay marriage. A half hour ago a court declined to overturn a 1-year-old decision by Massachusetts high court. It allowed Massachusetts to be the only state to sanction same-sex marriages. In the years since its implementation, at least 3,000 gay Massachusetts couples have wed.
We have learned that President Bush will announce his nominee to replace Commerce Secretary Don Evans. That's coming up just after 11:00 this morning. And yes, we here at CNN this morning will bring that to you live as the president announces it.

Some weather-stranded travelers are still trying to get back home from Thanksgiving visits. A storm left snowy and icy conditions across the Great Plains. Some roads shut down temporarily in places like Nebraska, where shelters were set up when motels suddenly filled. Further west hundreds were stuck in Reno, Nevada. That was at the airport. Heavy snow and an equipment failure caused or canceled dozens of flights there.

And we should know more about the investigation into that Colorado plane crash we've been telling you about throughout the morning. Should be coming in the next hour. Two people were killed Sunday, and at least three others, including NBC sports chief Dick Ebersol and his son, survived. As the information comes in we'll share it with you. Ebersol's second son, a 14-year-old, was thrown from the plane and is still declared missing.

DARYN KAGAN, CNN ANCHOR: And we're following a developing story out of the White House as President Bush puts together his team for his second term. He apparently has come up with a choice for his next commerce secretary.

Our Elaine Quijano it at the White House with more on that.

Hi, Elaine.

ELAINE QUIJANO, CNN CORRESPONDENT: Hello to you, Daryn.

Well, apparently he has made a choice, and we will know at 11:05 in the Roosevelt room here at the White House who that choice is. At this point, the decision by the White House, we are told, to announce the president's nominee for the replacement for Don Evans, the commerce secretary, who announced that he would be leaving. He had made that announcement after the election. Now two names that CNN has heard floated out there, Mercer Reynolds. Now this is a friend of the president's, a Cincinnati businessman, who also act acted as finance chairman of the president's re-election campaign. So Mercer Reynolds had been a name that was at the top of the list. Another name, though, that has also emerged is Marc Racicot. Racicot, of course, a familiar face to people who have watched the campaign progress. He was, in many senses, sort of one of the main faces of the president's re-election campaign, former Montana governor. He is in the running, we are told, as well. So again, Daryn, that announcement set to take place in just about an hour here at the White House -- Daryn.

KAGAN: And meanwhile, other topics coming up in the gaggle this morning, including Iran.

QUIJANO: That's right. And there has been some talk about Iran, perhaps reaching an agreement on the International Atomic Energy Agency, saying that there has been some kind of accord reached. What the White House take on that is that they will wait to see, that they are certainly pleased to see that perhaps Iran is making an effort, but they also say that implementation and verification are key. So that is the White House' position. At this point, of course, they're pleased to see any kind of progress. But they want to see what happens in the implementation phases. And then they also want to be able to verify that, in fact, Iran will be sticking to whatever agreement it makes -- Daryn.

KAGAN: Elaine Quijano at the White House, thank you.

And we will be going live back to the White House. Meanwhile, a sneak peek there, first lady Laura Bush is on hand. They're getting the White House -- what will be the White House Christmas tree being delivered. Of course, a lot of decoration taking place that turns it into an absolutely beautiful home over the holidays.

SANCHEZ: Beautiful weather.

KAGAN: Yes, probably warmer there than here in Atlanta.

More on that just ahead as well, as we expect to carry that announcement as to who exactly President Bush plans to pick as the commerce secretary in about 30 minutes -- Rick.

SANCHEZ: But first this question, do patients in eleven states have a right to medical marijuana, or are they enemies in the nation's war on drugs. Serious question, and it's one before the nation's Supreme Court today.

CNN's Chris Lawrence profiled one California woman who says she needs the marijuana to survive.

(BEGIN VIDEOTAPE)

CHRIS LAWRENCE, CNN CORRESPONDENT (voice-over): Angel Raich is a wife, mother and patient. Just 39 years old, and sick from head to toe... RAICH: 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 with 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 for 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 state 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 would 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)

SANCHEZ: And joining us now with some legal analysis and perspective is our only legal analyst Kendall Coffey. He's a former U.S. attorney, and he's joining us once again from south Florida.

Hey, Kendall, wouldn't one of the main arguments here automatically be, with as sophisticated a medical system as we have, you're telling me that marijuana is the only way you can reduce your pain?

KENDALL COFFEY, CNN LEGAL ANALYST: Well, that's certainly what some of the doctors are saying. In the case of the plaintiff in this case, they're saying that they tried 35 other medical treatments. None are as effective, for whatever reasons, as marijuana.

But interestingly, Rick, the big legal issue is as tedious and, frankly, technical as an accounting seminar. It's what is the power of Congress under the commerce clause? How far does it go? And ironically, the most important voice in the supreme court on that very issue will not be sitting in today. Chief Judge Rehnquist will be out. He'll be participating in the decision by reading the transcripts, reading the briefs. But he has offered the last two decisions in this fast-evolving area, and he's going to be a big factor in however this case is decided.

SANCHEZ: Is it state's rights versus federal rights type of argument?

COFFEY: I think that's the most compelling thing here, because interestingly, three states that don't have medical marijuana laws, Alabama, Louisiana and Mississippi, have weighed in on this appeal and said, look, we don't agree with California and those other 10 states, but states ought to have a right to make this kind of decision. Meanwhile, others are saying, Rick, that since 1970 the war on drugs has been a national war, a national challenge, dealing with a national problem, and you can't give it up and take away the power, for example, of the DEA agent to go into one state, as opposed to another, and find out whether the product is locally grown or not.

SANCHEZ: But the Ninth Court of Appeals in California, in San Francisco, which tends to go a little bit to the left on decisions like this, is basically saying, look, as long as you're growing it yourself, you're not buying it from anybody, you're not selling it to anybody, you're not transporting it across state lines, you're pretty much OK. Doesn't it put the feds in a very difficult situation of doing an Elian Gonzalez-style raid on some elderly woman sitting in her apartment in Oregon who happens to be smoking something she grew in her garden?

COFFEY: And in one of these cases, they had a 3 1/2 hour standoff between DEA agents and a person suffering from degenerative spinal disease. So it's very emotional, it's very agonizing, and one of the odd things here is this weird juxtaposition between right and left. Very conservative thinktanks have come out and said, hey, this is a states' right issue. Meanwhile, the four justices that have opposed limiting Congress' power in the last two decisions have lined up -- are the liberal justices who might be sympathetic to medical marijuana. So it's anybody's guess as to how this particular case is going to come down. And again, it will be fascinating to see what Chief Justice Rehnquist has to say about something that's a national controversy in an area of his particular expertise.

SANCHEZ: I mean, you've got a sense of these things. There has to be some precedent. I know you mentioned a couple of cases. But if you were to put them all together and try and figure out which way they tend to go, when you've got the states saying no, we're going to go this way, and you've got the feds saying, no we're going to go this way, who usually wins?

COFFEY: Well, if there's no flip-flopping, a popular word, the trend of five justices led by Chief Justice Rehnquist has been to limit the power of Congress. They did it when they said that you can't have a congressional law prohibiting the use or possession of firearms within 1,000 yards of a school. They did it again in 2000 when they said a congressional law creating a federal remedy for a victim of rape is also unconstitutional.

However, Rick, let's look at the practical side. Are you really going to tell a DEA agent that when he goes through the door to make a bust that he's got to find out if the narcotics were locally grown or not. That's a very difficult implementation thing, and the fact is that we do see the war on drugs as a national challenge, as a national problem, as a national crisis still.

SANCHEZ: Well, you've certainly set the scene for us. I think we've got a better understanding of this thing and the way it could possibly go down, although at this point, we certainly don't yet know. If there is a decision, we'll bring it to you right away.

Kendall, as usual, we thank you, my friend, for being with us.

COFFEY: Hey, thanks, Rick.

SANCHEZ: All right.

KAGAN: You talk about setting the scene. Let's set the scene for Christmas. That's what they're doing at the White House. This is taking place just a couple minutes ago. We saw the beginning of this as the first lady, Laura Bush, welcoming the Christmas tree. In case you were wondering, it is an 18 1/2 foot noble fir from Washington State, Rochester, Washington, to be exact. It's going to be in the Blue Room of the White House on the state floor. It will be decorated on Wednesday. This tradition beginning in 1966 with President Lyndon Johnson.

SANCHEZ: You know what's tough, see the trunk right there, or the stump, that's the tough part. For me it's always trying to cut that down so it fits on the stand so it doesn't fall over, which it ultimately always does, on top of me and everybody else.

KAGAN: You're going to tell me you go out in the woods of South Florida to cut down your own Christmas tree?

SANCHEZ: In the Everglades. They grow.

No, I buy them from our church, and then I cut them down.

KAGAN: OK, got it.

Well, lots of people packed into the stores and malls this weekend looking for deep discounts.

SANCHEZ: Yes, lots of money was spent, but did Black Friday signal that retailers may finally get out of the red? We're going to check on the colors and the dollars. That's up next.

KAGAN: And later this hour, a skipper, a first mate, a millionaire couple, and a professor, same characters, different faces. What happens when you cross reality television with "Gilligan's Island?" SANCHEZ: It's going to be fun to find out, huh? And then coming up at 11:00, who's watching you? A look at how marketers are getting information about you from your computer, did you know.

(COMMERCIAL BREAK)

SANCHEZ: We're going to get to business news in just a minute. But first we have some breaking news coming in. CNN is reporting that there has been a helicopter crash in the area of Texas, where it's a Black Hawk helicopter, an Army Black Hawk helicopter that crashed, apparently hit a guide wire that was attached to a Texas television station's transmitter. This is according to a spokesman there at Fort Hood.

We don't know yet what's going on with the crew at this point. There's no word on their status at this point. The television transmitter tower belonged to KXXV. That's according to the station's general manager. We do have some video that came in just a little while ago that we could possibly share with you from the area. Again, it's an army Black Hawk helicopter that crashed after apparently hitting the guide wire that's connected to a television station.

Now I'm told we don't have that. But as we continue to follow this story and details come in, we will be sharing them with you.

(STOCK MARKET UPDATE)

KAGAN: Americans went into the shopping overdrive this weekend as cash registered rang in the holiday season. The National Retail Federation says 133 million of us spent a total of $22.8 billion -- that's with a big 'b' -- dollars. That has retails anticipating a solid, if not spectacular, holiday shopping season.

Our Financial News correspondent Allan Chernoff joins us from New York.

I'm sure all your holiday shopping is done, as well.

ALLAN CHNERNOFF, CNN CORRESPONDENT: Oh, of course, Daryn.

But you saw that video, 65 percent off shirts. We shot that video at Macy's, and that's a good example of the kind of bargains that lured shoppers into the stores, a very strong first weekend to the holiday shopping season. It seems that sales overall were up better than 10 percent, according to various sources tracking traffic and sales in a variety of stores.

Luxury retailers, they did particularly well. Handbags, a very popular item. And electronic stores, they were really scoring, lots of people snapping up DVD players. Of course the Apple iPod a hot item, and digital cameras as well.

Rhonda mentioned Wal-mart reducing its forecast for November. That has some analysts a little concerned about those lower-end retailers, thinking that consumers, indeed, are being pinched by higher energy prices. But the National Retail Federation says you can't read all that much into the first holiday shopping weekend.

(BEGIN VIDEO CLIP)

SCOTT KRUGMAN, NATL. RETAIL FEDERATION: It's usually not a bellwether for the rest of the holiday season. As we're fond of saying, it's a marathon; it's not a sprint. And it's typically the week before Christmas and the week after Christmas that really helps us determine what kind of holiday season we're going to have.

(END VIDEO CLIP)

CHERNOFF: Here's some really interesting data. Guess what? Men outspent women during the past weekend. Men on average spend $268. Women $262. And in terms of the purchases, well, men were going for DVDs, CDs, books, videos. Women, no surprise there, their No. 1 pick apparel.

And this is very encouraging for the retailers. It seems that almost half of shoppers say they've done 10 percent or less of their shopping, and as you see, only 8 percent of shoppers have finished all of their holiday shopping -- Daryn.

KAGAN: Excellent, excellent news that the men are out there spending more than women.

SANCHEZ: Yes.

KAGAN: You made my day.

SANCHEZ: But they weren't spending it on the women.

KAGAN: Well, that list, I'm wondering, the list of top gifts, that's what they like to buy, or that's what they like to receive the DVDs, the DVDs, the computers, all that kind of stuff?

CHERNOFF: You know, my gut tells me part of those purchases were gifts, and part were also for themselves, you know?

KAGAN: Honey, look what I got you.

CHERNOFF: Right, exactly.

KAGAN: Yes, a new gadget, electronic gadget.

OK, Allan, thank you.

SANCHEZ: Men do love gadgets, don't we?

KAGAN: Have you even started?

SANCHEZ: I can confirm that.

KAGAN: Have you started?

SANCHEZ: Yes, but I can't say it on national television, because it will get to my wife. KAGAN: Suzanne (ph) might be watching.

SANCHEZ: That's right. I don't want her to find out.

KAGAN: That you haven't shopped yet. All right.

SANCHEZ: You dog you. Still to come on CNN LIVE TODAY, same concept, but different faces. This is a classic TV favorite that gets a reality makeover.

KAGAN: Ginger and Marianne. We're talking "Gilligan's Island" goes reality television.

(COMMERCIAL BREAK)

SANCHEZ: All right here we go, folks. Sit right back and you'll hear a tale, a tale of a fateful trip, it starts aboard a tiny ship and ends on "Gilligan's Island." That's right, TBS has resurrected "Gilligan's Island" as a reality adventure with two teams of stranded castaways trying to find a way off an island paradise. Boy those pictures are fast.

Familiar and yet fresh and new, they're all there -- the skipper, the first mates, the millionaires, their wives, the professors, Marianne, of course, the movie star, better known as Ginger, or in this case, Gingers, and sailing into the role of one of the Gingers is actress Rachel Hunter, who is joining us now from Los Angeles.

Hey, Rachel, how are you?

RACHEL HUNTER, "GINGER": I'm good. How are you?

SANCHEZ: Why are you the perfect Ginger for this thing?

HUNTER: I have, you know, I have no idea. I like the sound of it. I love the sound of the show. And I watched it as a kid, and I've always wanted to be stranded on an island. So to me, it was like, yes, sounds good to me, I'll go.

SANCHEZ: Did you ever watch it when you were a kid with Tina Louise as far as her character and the way she portrayed?

HUNTER: Yes.

SANCHEZ: what did you think? Are you going to be like that?

HUNTER: Oh, God. I mean, I probably don't do that justice whatsoever. I don't -- she was just so elegant and had such dignity. Well, there's a whole other side to my Ginger on this island. I dress like her, that's probably about it.

HUNTER: It's going to be different, though, isn't it? people are thinking, well, it's Gilligan's Island all over again. No, that's already been done in the form of movies and everything else. This is a reality show. So take us through it. What's the goal? What's going to happen here? HUNTER: Well, the Gingers, there's two teams of us, and the Gingers go against each other, the millionaires, the skippers, the first mate, Marianne, until there's only seven of us left like the original -- the Ginger, the skipper, there's seven of us left, and then the show kind of gets really twisted and really messed up.

SANCHEZ: Gee, what a surprise.

HUNTER: Yes, you know, but there's so much. There's a lot of drama, but there's a lot of very, very funny situations that happen. And you know, there's a -- you know, a cash prize at the end it's -- that we all work for. But, I mean, at the same time it just gets very, very weird.

SANCHEZ: You're an accomplished actress and an accomplished model. Is this your first crack at reality television? And how different an animal is this going to be for you?

HUNTER: It was very, very different, but, it wasn't too much as far as I was concerned. That's why I was attracted to the project, was that it was not really divulging a lot of my personal life whatsoever. And I just wanted the mental and physical challenge of it basically. I mean, I was going on there ready to starve for months. I mean, I was just -- I have a real competitive nature. So -- But mentally, it really messes with your mind.

SANCHEZ: How so?

HUNTER: I should have been locked in a padded cell.

SANCHEZ: Why?

HUNTER: Like for five days after I came off. It just -- you get stripped of everything that you are used to, you know, including your friends, more than anything, your friends and your support unit around you. And it's really good, because you come off like really appreciating every little thing that you had like a million times more. So, it's -- it was an awesome experience, just as far as that was concerned for me, and that's always what I've done...

SANCHEZ: Sounds cool.

HUNTER: Yes.

SANCHEZ: Well, listen, we'll be pulling for you, OK?

HUNTER: Thank you. Thank you.

SANCHEZ: Rachel Hunter, henceforth known as "Ginger." Thanks again.

HUNTER: OK.

KAGAN: Looking forward to that. Meanwhile, on a little more serious bit of real reality, President Bush trying to figure out what his next cabinet will look like. He'll announce in about seven minutes, who he wants to be his next commerce secretary.

SANCHEZ: Moves in, moves out, huh?

KAGAN: Yes, a different kind of island, but we'll find out who's in in a few minutes, and we'll see it live right here on CNN.

Right now, we'll take a break. More news ahead.

(COMMERCIAL BREAK)

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com


Aired November 29, 2004 - 10:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
RICK SANCHEZ, CNN ANCHOR: Here's what we're following right now. First of all, the U.S. Supreme Court has seemingly sidestepped a dispute over gay marriage. A half hour ago a court declined to overturn a 1-year-old decision by Massachusetts high court. It allowed Massachusetts to be the only state to sanction same-sex marriages. In the years since its implementation, at least 3,000 gay Massachusetts couples have wed.
We have learned that President Bush will announce his nominee to replace Commerce Secretary Don Evans. That's coming up just after 11:00 this morning. And yes, we here at CNN this morning will bring that to you live as the president announces it.

Some weather-stranded travelers are still trying to get back home from Thanksgiving visits. A storm left snowy and icy conditions across the Great Plains. Some roads shut down temporarily in places like Nebraska, where shelters were set up when motels suddenly filled. Further west hundreds were stuck in Reno, Nevada. That was at the airport. Heavy snow and an equipment failure caused or canceled dozens of flights there.

And we should know more about the investigation into that Colorado plane crash we've been telling you about throughout the morning. Should be coming in the next hour. Two people were killed Sunday, and at least three others, including NBC sports chief Dick Ebersol and his son, survived. As the information comes in we'll share it with you. Ebersol's second son, a 14-year-old, was thrown from the plane and is still declared missing.

DARYN KAGAN, CNN ANCHOR: And we're following a developing story out of the White House as President Bush puts together his team for his second term. He apparently has come up with a choice for his next commerce secretary.

Our Elaine Quijano it at the White House with more on that.

Hi, Elaine.

ELAINE QUIJANO, CNN CORRESPONDENT: Hello to you, Daryn.

Well, apparently he has made a choice, and we will know at 11:05 in the Roosevelt room here at the White House who that choice is. At this point, the decision by the White House, we are told, to announce the president's nominee for the replacement for Don Evans, the commerce secretary, who announced that he would be leaving. He had made that announcement after the election. Now two names that CNN has heard floated out there, Mercer Reynolds. Now this is a friend of the president's, a Cincinnati businessman, who also act acted as finance chairman of the president's re-election campaign. So Mercer Reynolds had been a name that was at the top of the list. Another name, though, that has also emerged is Marc Racicot. Racicot, of course, a familiar face to people who have watched the campaign progress. He was, in many senses, sort of one of the main faces of the president's re-election campaign, former Montana governor. He is in the running, we are told, as well. So again, Daryn, that announcement set to take place in just about an hour here at the White House -- Daryn.

KAGAN: And meanwhile, other topics coming up in the gaggle this morning, including Iran.

QUIJANO: That's right. And there has been some talk about Iran, perhaps reaching an agreement on the International Atomic Energy Agency, saying that there has been some kind of accord reached. What the White House take on that is that they will wait to see, that they are certainly pleased to see that perhaps Iran is making an effort, but they also say that implementation and verification are key. So that is the White House' position. At this point, of course, they're pleased to see any kind of progress. But they want to see what happens in the implementation phases. And then they also want to be able to verify that, in fact, Iran will be sticking to whatever agreement it makes -- Daryn.

KAGAN: Elaine Quijano at the White House, thank you.

And we will be going live back to the White House. Meanwhile, a sneak peek there, first lady Laura Bush is on hand. They're getting the White House -- what will be the White House Christmas tree being delivered. Of course, a lot of decoration taking place that turns it into an absolutely beautiful home over the holidays.

SANCHEZ: Beautiful weather.

KAGAN: Yes, probably warmer there than here in Atlanta.

More on that just ahead as well, as we expect to carry that announcement as to who exactly President Bush plans to pick as the commerce secretary in about 30 minutes -- Rick.

SANCHEZ: But first this question, do patients in eleven states have a right to medical marijuana, or are they enemies in the nation's war on drugs. Serious question, and it's one before the nation's Supreme Court today.

CNN's Chris Lawrence profiled one California woman who says she needs the marijuana to survive.

(BEGIN VIDEOTAPE)

CHRIS LAWRENCE, CNN CORRESPONDENT (voice-over): Angel Raich is a wife, mother and patient. Just 39 years old, and sick from head to toe... RAICH: 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 with 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 for 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 state 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 would 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)

SANCHEZ: And joining us now with some legal analysis and perspective is our only legal analyst Kendall Coffey. He's a former U.S. attorney, and he's joining us once again from south Florida.

Hey, Kendall, wouldn't one of the main arguments here automatically be, with as sophisticated a medical system as we have, you're telling me that marijuana is the only way you can reduce your pain?

KENDALL COFFEY, CNN LEGAL ANALYST: Well, that's certainly what some of the doctors are saying. In the case of the plaintiff in this case, they're saying that they tried 35 other medical treatments. None are as effective, for whatever reasons, as marijuana.

But interestingly, Rick, the big legal issue is as tedious and, frankly, technical as an accounting seminar. It's what is the power of Congress under the commerce clause? How far does it go? And ironically, the most important voice in the supreme court on that very issue will not be sitting in today. Chief Judge Rehnquist will be out. He'll be participating in the decision by reading the transcripts, reading the briefs. But he has offered the last two decisions in this fast-evolving area, and he's going to be a big factor in however this case is decided.

SANCHEZ: Is it state's rights versus federal rights type of argument?

COFFEY: I think that's the most compelling thing here, because interestingly, three states that don't have medical marijuana laws, Alabama, Louisiana and Mississippi, have weighed in on this appeal and said, look, we don't agree with California and those other 10 states, but states ought to have a right to make this kind of decision. Meanwhile, others are saying, Rick, that since 1970 the war on drugs has been a national war, a national challenge, dealing with a national problem, and you can't give it up and take away the power, for example, of the DEA agent to go into one state, as opposed to another, and find out whether the product is locally grown or not.

SANCHEZ: But the Ninth Court of Appeals in California, in San Francisco, which tends to go a little bit to the left on decisions like this, is basically saying, look, as long as you're growing it yourself, you're not buying it from anybody, you're not selling it to anybody, you're not transporting it across state lines, you're pretty much OK. Doesn't it put the feds in a very difficult situation of doing an Elian Gonzalez-style raid on some elderly woman sitting in her apartment in Oregon who happens to be smoking something she grew in her garden?

COFFEY: And in one of these cases, they had a 3 1/2 hour standoff between DEA agents and a person suffering from degenerative spinal disease. So it's very emotional, it's very agonizing, and one of the odd things here is this weird juxtaposition between right and left. Very conservative thinktanks have come out and said, hey, this is a states' right issue. Meanwhile, the four justices that have opposed limiting Congress' power in the last two decisions have lined up -- are the liberal justices who might be sympathetic to medical marijuana. So it's anybody's guess as to how this particular case is going to come down. And again, it will be fascinating to see what Chief Justice Rehnquist has to say about something that's a national controversy in an area of his particular expertise.

SANCHEZ: I mean, you've got a sense of these things. There has to be some precedent. I know you mentioned a couple of cases. But if you were to put them all together and try and figure out which way they tend to go, when you've got the states saying no, we're going to go this way, and you've got the feds saying, no we're going to go this way, who usually wins?

COFFEY: Well, if there's no flip-flopping, a popular word, the trend of five justices led by Chief Justice Rehnquist has been to limit the power of Congress. They did it when they said that you can't have a congressional law prohibiting the use or possession of firearms within 1,000 yards of a school. They did it again in 2000 when they said a congressional law creating a federal remedy for a victim of rape is also unconstitutional.

However, Rick, let's look at the practical side. Are you really going to tell a DEA agent that when he goes through the door to make a bust that he's got to find out if the narcotics were locally grown or not. That's a very difficult implementation thing, and the fact is that we do see the war on drugs as a national challenge, as a national problem, as a national crisis still.

SANCHEZ: Well, you've certainly set the scene for us. I think we've got a better understanding of this thing and the way it could possibly go down, although at this point, we certainly don't yet know. If there is a decision, we'll bring it to you right away.

Kendall, as usual, we thank you, my friend, for being with us.

COFFEY: Hey, thanks, Rick.

SANCHEZ: All right.

KAGAN: You talk about setting the scene. Let's set the scene for Christmas. That's what they're doing at the White House. This is taking place just a couple minutes ago. We saw the beginning of this as the first lady, Laura Bush, welcoming the Christmas tree. In case you were wondering, it is an 18 1/2 foot noble fir from Washington State, Rochester, Washington, to be exact. It's going to be in the Blue Room of the White House on the state floor. It will be decorated on Wednesday. This tradition beginning in 1966 with President Lyndon Johnson.

SANCHEZ: You know what's tough, see the trunk right there, or the stump, that's the tough part. For me it's always trying to cut that down so it fits on the stand so it doesn't fall over, which it ultimately always does, on top of me and everybody else.

KAGAN: You're going to tell me you go out in the woods of South Florida to cut down your own Christmas tree?

SANCHEZ: In the Everglades. They grow.

No, I buy them from our church, and then I cut them down.

KAGAN: OK, got it.

Well, lots of people packed into the stores and malls this weekend looking for deep discounts.

SANCHEZ: Yes, lots of money was spent, but did Black Friday signal that retailers may finally get out of the red? We're going to check on the colors and the dollars. That's up next.

KAGAN: And later this hour, a skipper, a first mate, a millionaire couple, and a professor, same characters, different faces. What happens when you cross reality television with "Gilligan's Island?" SANCHEZ: It's going to be fun to find out, huh? And then coming up at 11:00, who's watching you? A look at how marketers are getting information about you from your computer, did you know.

(COMMERCIAL BREAK)

SANCHEZ: We're going to get to business news in just a minute. But first we have some breaking news coming in. CNN is reporting that there has been a helicopter crash in the area of Texas, where it's a Black Hawk helicopter, an Army Black Hawk helicopter that crashed, apparently hit a guide wire that was attached to a Texas television station's transmitter. This is according to a spokesman there at Fort Hood.

We don't know yet what's going on with the crew at this point. There's no word on their status at this point. The television transmitter tower belonged to KXXV. That's according to the station's general manager. We do have some video that came in just a little while ago that we could possibly share with you from the area. Again, it's an army Black Hawk helicopter that crashed after apparently hitting the guide wire that's connected to a television station.

Now I'm told we don't have that. But as we continue to follow this story and details come in, we will be sharing them with you.

(STOCK MARKET UPDATE)

KAGAN: Americans went into the shopping overdrive this weekend as cash registered rang in the holiday season. The National Retail Federation says 133 million of us spent a total of $22.8 billion -- that's with a big 'b' -- dollars. That has retails anticipating a solid, if not spectacular, holiday shopping season.

Our Financial News correspondent Allan Chernoff joins us from New York.

I'm sure all your holiday shopping is done, as well.

ALLAN CHNERNOFF, CNN CORRESPONDENT: Oh, of course, Daryn.

But you saw that video, 65 percent off shirts. We shot that video at Macy's, and that's a good example of the kind of bargains that lured shoppers into the stores, a very strong first weekend to the holiday shopping season. It seems that sales overall were up better than 10 percent, according to various sources tracking traffic and sales in a variety of stores.

Luxury retailers, they did particularly well. Handbags, a very popular item. And electronic stores, they were really scoring, lots of people snapping up DVD players. Of course the Apple iPod a hot item, and digital cameras as well.

Rhonda mentioned Wal-mart reducing its forecast for November. That has some analysts a little concerned about those lower-end retailers, thinking that consumers, indeed, are being pinched by higher energy prices. But the National Retail Federation says you can't read all that much into the first holiday shopping weekend.

(BEGIN VIDEO CLIP)

SCOTT KRUGMAN, NATL. RETAIL FEDERATION: It's usually not a bellwether for the rest of the holiday season. As we're fond of saying, it's a marathon; it's not a sprint. And it's typically the week before Christmas and the week after Christmas that really helps us determine what kind of holiday season we're going to have.

(END VIDEO CLIP)

CHERNOFF: Here's some really interesting data. Guess what? Men outspent women during the past weekend. Men on average spend $268. Women $262. And in terms of the purchases, well, men were going for DVDs, CDs, books, videos. Women, no surprise there, their No. 1 pick apparel.

And this is very encouraging for the retailers. It seems that almost half of shoppers say they've done 10 percent or less of their shopping, and as you see, only 8 percent of shoppers have finished all of their holiday shopping -- Daryn.

KAGAN: Excellent, excellent news that the men are out there spending more than women.

SANCHEZ: Yes.

KAGAN: You made my day.

SANCHEZ: But they weren't spending it on the women.

KAGAN: Well, that list, I'm wondering, the list of top gifts, that's what they like to buy, or that's what they like to receive the DVDs, the DVDs, the computers, all that kind of stuff?

CHERNOFF: You know, my gut tells me part of those purchases were gifts, and part were also for themselves, you know?

KAGAN: Honey, look what I got you.

CHERNOFF: Right, exactly.

KAGAN: Yes, a new gadget, electronic gadget.

OK, Allan, thank you.

SANCHEZ: Men do love gadgets, don't we?

KAGAN: Have you even started?

SANCHEZ: I can confirm that.

KAGAN: Have you started?

SANCHEZ: Yes, but I can't say it on national television, because it will get to my wife. KAGAN: Suzanne (ph) might be watching.

SANCHEZ: That's right. I don't want her to find out.

KAGAN: That you haven't shopped yet. All right.

SANCHEZ: You dog you. Still to come on CNN LIVE TODAY, same concept, but different faces. This is a classic TV favorite that gets a reality makeover.

KAGAN: Ginger and Marianne. We're talking "Gilligan's Island" goes reality television.

(COMMERCIAL BREAK)

SANCHEZ: All right here we go, folks. Sit right back and you'll hear a tale, a tale of a fateful trip, it starts aboard a tiny ship and ends on "Gilligan's Island." That's right, TBS has resurrected "Gilligan's Island" as a reality adventure with two teams of stranded castaways trying to find a way off an island paradise. Boy those pictures are fast.

Familiar and yet fresh and new, they're all there -- the skipper, the first mates, the millionaires, their wives, the professors, Marianne, of course, the movie star, better known as Ginger, or in this case, Gingers, and sailing into the role of one of the Gingers is actress Rachel Hunter, who is joining us now from Los Angeles.

Hey, Rachel, how are you?

RACHEL HUNTER, "GINGER": I'm good. How are you?

SANCHEZ: Why are you the perfect Ginger for this thing?

HUNTER: I have, you know, I have no idea. I like the sound of it. I love the sound of the show. And I watched it as a kid, and I've always wanted to be stranded on an island. So to me, it was like, yes, sounds good to me, I'll go.

SANCHEZ: Did you ever watch it when you were a kid with Tina Louise as far as her character and the way she portrayed?

HUNTER: Yes.

SANCHEZ: what did you think? Are you going to be like that?

HUNTER: Oh, God. I mean, I probably don't do that justice whatsoever. I don't -- she was just so elegant and had such dignity. Well, there's a whole other side to my Ginger on this island. I dress like her, that's probably about it.

HUNTER: It's going to be different, though, isn't it? people are thinking, well, it's Gilligan's Island all over again. No, that's already been done in the form of movies and everything else. This is a reality show. So take us through it. What's the goal? What's going to happen here? HUNTER: Well, the Gingers, there's two teams of us, and the Gingers go against each other, the millionaires, the skippers, the first mate, Marianne, until there's only seven of us left like the original -- the Ginger, the skipper, there's seven of us left, and then the show kind of gets really twisted and really messed up.

SANCHEZ: Gee, what a surprise.

HUNTER: Yes, you know, but there's so much. There's a lot of drama, but there's a lot of very, very funny situations that happen. And you know, there's a -- you know, a cash prize at the end it's -- that we all work for. But, I mean, at the same time it just gets very, very weird.

SANCHEZ: You're an accomplished actress and an accomplished model. Is this your first crack at reality television? And how different an animal is this going to be for you?

HUNTER: It was very, very different, but, it wasn't too much as far as I was concerned. That's why I was attracted to the project, was that it was not really divulging a lot of my personal life whatsoever. And I just wanted the mental and physical challenge of it basically. I mean, I was going on there ready to starve for months. I mean, I was just -- I have a real competitive nature. So -- But mentally, it really messes with your mind.

SANCHEZ: How so?

HUNTER: I should have been locked in a padded cell.

SANCHEZ: Why?

HUNTER: Like for five days after I came off. It just -- you get stripped of everything that you are used to, you know, including your friends, more than anything, your friends and your support unit around you. And it's really good, because you come off like really appreciating every little thing that you had like a million times more. So, it's -- it was an awesome experience, just as far as that was concerned for me, and that's always what I've done...

SANCHEZ: Sounds cool.

HUNTER: Yes.

SANCHEZ: Well, listen, we'll be pulling for you, OK?

HUNTER: Thank you. Thank you.

SANCHEZ: Rachel Hunter, henceforth known as "Ginger." Thanks again.

HUNTER: OK.

KAGAN: Looking forward to that. Meanwhile, on a little more serious bit of real reality, President Bush trying to figure out what his next cabinet will look like. He'll announce in about seven minutes, who he wants to be his next commerce secretary.

SANCHEZ: Moves in, moves out, huh?

KAGAN: Yes, a different kind of island, but we'll find out who's in in a few minutes, and we'll see it live right here on CNN.

Right now, we'll take a break. More news ahead.

(COMMERCIAL BREAK)

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com