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The other, if donald or shelly sterling becomes mentally incapacitated the other would become sole trustee. so shelly was able to negotiate the sale of the clippers as the sole trustee and that's how that deal got done yesterday. we did have a response as you just read from maxwell bleacher, the attorney for donald sterling. that his diagnosis was a modest mental impairment and that he is far from being inkpas tated. >> brian todd with those new developments here and the latest from sterling's attorney, thank you so much for that. we will stay on this and find out exactly what all of this now ...

That there is a clause in the trust between donald and shelly sterling that says if one of them were to become mentally unfit the other would be the sole trustee. that presumably opened the door for her to negotiate that sale with steve ballmer. again, i tried to get reaction, did get reaction from maxwell bleacher to that finding. he said that's a vast overstatement of mental incapacitation. that this was a diagnosis really of, quote, modest mental impairment. maybe something akin to just slowing down mentally. he is basically saying that mental incapacitation is not the case. at least not th...

Sale? >> i think they really would. now, this is interesting, don, because the left hand, shelly sterling, it's like the bus has left the station. she's thanking him and saying he, being the new ceo, mr. ballmer, will be delighted to have him. the other camp, donald sterling, not so fast. maybe there will be challenges. i do think because the nba is committed to disassociating themselves from anything sterling that certainly with this new owner, former ceo of microsoft, very well respected, certainly seems to be culturally diverse with regard to his statement, los angeles being a very inclusiv...

You know. let's go back to the beginning of the story. him paying money to naacp to vint kate his racist past, talking about ail the great charity work he's doing to clean up his name. there is more to him or he desires more than just money. i think don might be on to something because if shelley finds herself incapacitated and it passes to their children, the nba commissioner silver never went after the children. it was the players who said they wanted no sterling involved, but as far as commissioner several is involved it's donald several and shelley. if it passes to the kirn, what does the ...

>> mr. sterling does not believe she has the authority to "sell the team." he believes he gave her authority only to negotiate an arrangement and bring it to him for approval. >> maxwell bleacher also appeared on "the situation room" with wolf blitzer, saying they're still considering taking the nba to court. they're just waiting to see what the league does at next week's meeting. >> we have an option of filing it before tuesday or we have an option of filing it after tuesday. there is no detriment to our filing it either way. so, we'll make that decision. we haven't made it yet. we did not wa...