Apr 28, 2014|
Michael McCann joined the show to give the legal aspect of Donald Sterling's comments.
Transcript - will not be 100% accurate
You know there are a multitude of reasons why Michael McCann SI dot com is so good at what he does not the least of which Jerry and Kirk is. You read my mind over the weekend. I was wondering how does the sterling NBA process proceeds going forward. Is Adam silver and the NBA -- themselves -- between. The whole world wanting this thing to be adjudicated swiftly. First is doing responsibly and any measured approach and this morning like I -- on line and there's a long indeed article about how this thing proceeds. -- Michael good morning how -- yeah. What are very well so what are the pitfalls as an overview going forward for the NBA because the whole world scream and get this done before Wednesday night's game. Yet the one -- John is that. The NBA have to confirm that the recording is actually Donald Sterling one and then secondly that it wasn't doctored and don't ever want to say it's obviously him. And that there's no disruption in the audio so must be -- doesn't eat you. Yet you want to be 100% certain because if -- take any action against Donald Sterling. And then later on turned out to be that the audio recording was. You know altered in any way he could -- -- at the end so the league is going to be cautious absorbers the lawyer. He's that they're handled that the right way get everything right make sure it's really him and then take action so the real lawyer right now this is making sure to actually help. And does sterling reputation of somebody who is that litigious and not afraid to dig in his heels and spend money defending himself in lawsuits. Make them take pauses well Mike. Yeah absolutely John this is the guy who also. Did you absolutely do if he feels as if he's been wrong and he's been in litigation a great deal of his professional life whether he has the defendant. Or otherwise involvement in cases. Including as a lawyer earlier in his career he's going to be very difficult to deal with if he feels that he's been wrong. And it was noticeable in my mind that at the get go he says his is the president of the teams that well we don't know what what if this recording is actually. Been altered in any way -- hit. I know the game they're playing they're playing make sure that you can prove that the recording and -- TMZ has the original recording. And the NBA's gonna wanna get it puts him he doesn't have to give up. Will they do they've -- -- him by at them Heidi get your hands. On the recording. What I did you I think it depends on. You know what how to DMZ got a -- over the terms of the agreement I assume that they've bought it from someone. And maybe it was his girlfriend maybe it was somebody else in her lawyer says that wasn't hurt. That sold the audio content they I am guessing that DMZ. He purchased it didn't just obtain it. Because as somebody -- could well also. It could be that part of the purchase agreement was that the AT&T wouldn't give it up. So -- added we don't know. Exactly the terms of of them getting into the NBA can't subpoena they have no right to do that the MBA really is is all up to the which is -- in the on. The original recording at least. And they suspend him like today this. What the reasons that you're suspended. Yet they could Jerry -- say your product is detrimental to the -- under the league constitution commissioner silver has the best interest power. And by generating this controversy because of what he allegedly said. It's appropriate that he be sanctioned to be removed from the league indefinitely. The -- again the problem there is that while that would obviously attract a lot of support among fans. They would leave the NBA open to a potential lawsuit if it turns -- to the recording. Either is involved sterling or as an anyway conductor. Isn't strong case I guess. Mike if he decides to do this is listen I've hired for five black coaches and a black general manager for ever -- -- many black players and the other onerous than some girlfriends have black -- says something stupid. Privately but so what people say stupid things privately want that -- -- -- case. Yeah I think you'll -- I think you guys say whatever my private views about race there's no evidence that my organization. In my 31 years says the owner. Has been racist in any way shape or form not a problem with that argument is that Elgin Baylor the former general manage pursued the clippers. Over wrongful termination. And part of the claim at least originally. Included out allegation that there was racism at the clippers. But that claim was dropped before velocity went to trial and Elgin Baylor also lost the case so yeah I don't know -- sterling has a 100%. Fact you know -- -- facts right in terms as saying that there's still alleged racism at the clippers but. Epic like you know -- Kirk stated that because coach Doc Rivers has blackened the player many of the players are black -- is no reason that they could be team. -- the way to businesses Ron has been racist. Two lions in your piece this morning on SI dot -- Mike McCann. Two lines jumped out of me some NBA owners may be -- comparable with the league suspending an owner expect there to be. Significant resistance by NBA owners to suspend early. That would be just the opposite Mike. -- -- -- this -- -- -- the owners are concerned about president that if the owner can be suspended. At all that creates the president that it could happen again. And that is it. Allowable in this instance when else would -- be allowable I think some owners may be worried. If for instance owners they criticized referees. Or owners that in engage in to comment on Twitter that. Are questionable. Who would that power to suspend which which may be totally justified here. Could be used to punish them as well I just think here there may be some concern about precedent. Is there -- any validity to the -- to the clippers can boycott a game let's just say one game Wednesday night that playoff game and that in any way we'll have an effect. Well thank you they could -- it is that why here's a little bit mixed on one hand they haven't employment contract. Where there are supposed to play every game they would be a violation of the contract. If state boycotting -- they could argue however that under title seven of the civil rights. Act they have the ability to. Protest racism in the workplace. And they could argue that because their owner has allegedly said in a racist comments. That they have that they had a legal right to do so under title seven and also is the NBA can't say that they will evaluate their title seven right he can't contract around several civil rights. I think the problem here is that. It goes back to be ideas even if Donald Sterling is completely raises. Are the clippers as an employer racist and that I don't think has been shown. We'll finish with this wanna double back to the recording is the original recording necessary. The NBA to hire and utilizing voice rest recognition expert. But I understand it it is highly desirable to have the original recording and it Donald Sterling would argue it is in the original recordings. That's the rebroadcast. Can you could have been tampered with itself. And that absent that the original pristine recording. Start selling that would have an opportunity to contest the evidence. But some what some of the voice recognition. And checking the authenticity of the actual recording can be done without the original one. But from what I understand from sound experts not having the original recordings. Could end up being a problem for India. Well I would advise or Alicia to log on SI dot com and read Michael McCann read a comprehensive explanation as to where this thing that goes -- import -- always a pleasure talking to you thanks for the explanation. Mike McCann with Dennis and -- on the AT&T -- You think that gets done by Wednesday it's the game right next guess Wednesday random yes tomorrow though today or tomorrow announce. Indefinite suspension pending when there's nobody who's against that at -- I'd -- use -- I don't think the owners even quietly ears than on -- -- suspend him as the next thing they'll do -- come after me yeah yeah because I criticized the -- like -- -- -- was -- -- steroids -- that -- at -- -- -- write the next could become. You know the way there. Troop. Where they're going and what -- what do they say you're suspended you may not be with the team. He walks in one of the -- Security grab them find a more. He agrees angry or doesn't agree agrees when he doesn't agree I think he. Even he wouldn't walk and if he did walk in the rain it would be in the back in the dark in the shadows in them rod bar you must be -- -- -- not that I'm sitting right here here's the thing to be does that those legally I think -- OC chance for these guys get rid of it because as well be written -- the suspension you can't show up January if you show up this -- you area. -- -- even shop oxman a disputed shot the show on EST so lawyer is ill -- something right you'll agree some sanction. And it's on the rest of the season as they homer. You know the public remarks do not showing your face 3-D and C 677797937. We'll talk some Bruins have playoff hockey was shot in the south you know what I wanna note to us and we just talked about the -- the year. You finally gonna agree that Jon Lester is not a bomb habits angeles' Obama's tanker -- wrote about yeah her -- scrutiny this week's talk. -- Rick Reyes talk show ran. About what a bomb Lester is and I. Almost everything listen when I can I have not heard one. Talk show rap album and you go to court over even help -- with Ortiz scored from the Russian defense gratitude is really no reason that I I don't know anyone who -- list as of right.