You really should learn to listen to other people. As I’ve pointed out multiple times they don’t NEED the tape to be admissible if it goes to court, they have the press clipping. The tape doesn’t matter, the tape NEVER mattered, he’s being punished for the PR hit, the PR hit is easily proven. And what Silver said in the press conference also doesn’t matter.
It’s just a presser, not under oath, not useful as any form of evidence, he can contradict every single word he said in the presser while under oath with no repercussions.
the bylaws provide for conduct detrimental to the league: http://mediacentral.nba.com/media/mediacentral/NBA-Constitution-and-By-Laws.pdf which means PR hits. Sterling doesn’t have a leg to stand on.
Only reason I’m repeating myself is because you keep saying the same wrong thing over and over. Since you can’t come up with something new there’s no need for me to. Sterling probably won’t sue, or if he does it’ll be with the goal of dragging this out until after he dies. If it actually lands in court he will lose.
They could conceivably call the harlot as a witness and have her state what he said. That would not be hearsay, nor would it be derived from the tape, unless used to refresh her memory. Lots of permutations here.
Re: the bylaws, the NBA can't prove conduct detrimental unless they can prove conduct. PR damage is not "conduct". Conduct is a regular word, not a legal concept, look it up. But, as I said, don't try this at home, please. You'll only drive yourself crazy for no reason.
Thanks for the link, I'll see what it says.
"Willfully violate any of the provisions of the Constitution and By-Laws, resolutions, or agreements of the Association."
Then, there's this, at p. 46 or thereabouts:
"(c) Any person who gives, makes, issues, authorizes or endorses any statement having, or designed to have, an effect prejudicial or detrimental to the best interests of basketball or of the Association or of a Member or its Team, shall be liable to a fine not exceeding $1,000,000 to be imposed by the Commissioner. The Member whose Owner, Officer, Manager, Coach or other employee has been so fined shall pay the amount of the fine should such person fail to do so within ten (10) days of its imposition.
(d) The Commissioner shall have the power to suspend for a definite or indefinite period, or to impose a fine not exceeding $1,000,000, or inflict both such suspension and fine upon any person who, in his opinion, shall have been guilty of conduct prejudicial or detrimental to the Association."
All the league has to do is prove that he made a statement or committed conduct prejudicial, and the commissioner has sole discretion to impose sanctions. The problem remains, if Sterling contests the decision, how does the league prove the statement or the conduct? It can't, under California law. Remember, Sterling expressly stated that he relied solely on the tape recordings.
If you are willing to write a brief for me, with citations to statutes, case law and the NBA rules, I will be happy to review it and see if you have changed my mind. I don't think you can do that, though, so we are arguing past one another. Have a good day.