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The best former top federal prosecutors to conduct a thorough investigation, comes up with documentation that incriminates the team, multiple independent witnesses. you can not possibly win a defamation lawsuit against goodell. >> wow. here is the issue. the issue, because vilma is a public figure, the issue is that goodell, when he issued these statements that are clearly devastate to go vilma's career and to his ability to make money, did he know what's saying was wrong? and was there actual malice in his statement? now, here is the thing, when he comes out and says -- you and i cannot disag...

Statement live when it gets underway, along with any other developments. stay tuned for that. gregg? >> gregg: there is a new twist in the nfl bounty scandal involving the new orleans saints. linebacker jonathan vilma has been suspended for the entire 2012 season for his alleged role in the saints' bounty program which purportedly doled out cash for taking out other team's star players. now vilma, get this, is suing the nfl commissioner, roger goodell, claiming goodell made false statements that hurt vilma's reputation and hindered his ability to earn a living. joining me, judge gentleman mean...

Forensically apparently did an analysis that on the video, they could show that if this person's intent was to knock this person out, it appears that that was a movement. so now the question is, why would he sue? and he's suing, gregg, if you'll notice in federal court. the issue is aren't they under the collective bargaining agreement and with the nfl and the nfl players association bound to have this decided by an arbitrator and not in federal court? >> gregg: my guess is that defamation would fall outside the collective bargaining. >> no. you know why? it's relevant to his job as a football...

That, then he knows that there is no way because do you think someone tape record this? do you think that there is, other than someone ratting him out, what other forensic evidence might there be? >> gregg: as long as roger goodell has a reasonable basis for believing that his, goodell's statements are true about vilma, there is no defamation here. you point out correctly, you have to prove actionable malice. what does that mean? it means that goodell knew the statements were false or acted in wreckless disregard. jeanine, you have already got three people on the team, including the head coach...