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Consent. he's not going to consent. >> reporter: blecher and sterling are suing the nba for $1 billion in damages calling for sterling's lifetime ban from the league and his $2.5 million fine to be lifted claiming the nba's case against sterling relies entirely on an illegally recorded conversation. it's not clear if the lawsuit would interfere with the sale of the clippers. hours earlier, blecher told us sterling would look at the sale to steve ballmer and decide where to go from there, saying, "he doesn't want to fight with shelly. that's the bottom line." >> anything's possible with donald ...

To negotiate the mega sale because of that declaration, but it might not be that easy. experts say donald sterling still has grounds to challenge the finding, and the sale of the team. >> he would retain his own physicians, neurologists, psychiatrists, whatever it may be, and have those physicians take issue with the findings of the physicians that found him incapacitated. >> reporter: all of which means what seems like a done deal could still wind up in court, and donald sterling's attorney maying ready for that. maxwell blecher tells cnn he believes the direction of mental inka pa incapacita...

Mental incapacitate. waiting to take over is steve ballmer who has agreed to buy the team for $2 billion. his enthusiasm was legendary at microsoft, where he introduced new products himself and even did spoofs. ♪ last time he tried to buy a team, his bid was unsuccessful. but this time analysts predict he will be welcome. >> ballmer is the ultimate owner. he should be fantastic for the nba and professional sports. certainly this is a guy whose got all the makings of being the ideal professional sports franchise owner. >> reporter: and going back the lawsuit one more time, it's not clear if t...

The nba did not make that audiotape public. >> the nba -- the nba is using it, as their lawyer said to me, the sole basis of the prosecution against them. they could have said, because they are lawyers and they know this, they could have said this evidence is illegal and we don't touch it or approve or condemn what mr. sterling said but there is no legal basis for us to use this illegal evidence against him. >> all right. speaking of the law, jeffrey toobin, our senior legal analyst -- hold on a second. he's got a legal question, lawyer to lawyer, you're a good lawyer, he's a good lawyer. list...

We don't do this under extraordinary pressure and pension of having to decide things in 36 or 48 hours. there's no reason this meeting has to take place on june 3rd. there is absolutely no exigency created. the proper way to do it and how i've been doing it for a long, long time is you get everybody together in a room, you trade ideas, and you see what evolves. and mr. sterling is not willing to do that, but we're not willing to knuckle under to some demands that they make without even listening to our side of the point -- our point of view. >> mr. blecher, you're a very intelligent man and ex...