Donald Sterling, will fight the sale of L.A. Clippers

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DonaldDonald Sterling is planning to fight the sale of the Los Angeles Clippers, according to a news report Tuesday night.

Well, it may be more accurate to say that he’s making a giant stink that could go nowhere, given that Sterling has already signed over his stake in the Clippers to his wife, Shelly. The Sterlings reached an agreement with the NBA last week that would allow her to quickly negotiate the sale of the team, the result of fallout following the release of recordings of Sterling making racist comments to V. Stiviano.

Sterling asserted in a signed statement sent to the NBA “under penalty of perjury” that he was with Stiviano in her living room when she recorded them having a “lovers’ quarrel” and that “at no time did Ms. Stiviano disclose to me that she was recording our private conversation” and “at no time did I give my consent to Ms. Stiviano to record our private conversation.”

Much of Sterling’s legal argument revolves around his contention that the recording that got him in trouble was obtained illegally, i.e. without his consent. Sterling and his attorney are saying the NBA cannot use an illegally-obtained recording to ban Sterling and force him to sell.

That’s generally an argument reserved for criminal cases brought by the government, which is generally barred by Supreme Court precedent from using unconstitutionally or illegally obtained evidence against a defendant.

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