question, is poverty genetic. morrison freeman tomorrow on cnn tonight. that's it for us tonight. -- captions by vitac -- www.vitac.com good evening. ordinarily the release of an american service member after five years of captivity would cause celebration and joy but in the case of army sergeant bowe bergdahl, only america's prisoner of war in afghanistan that is not entirely so. little that's ordinary and nothing simple or free of controversy about his story. how he vanished was captured by a taliban group. what he said before this disappearing in a letter home that was sharply critical of american policy. then there's the trade of five guantanamo bay detainees. whether the obama administration broke the law in making the deal. and is sending out mixed messages about the whole thing. we'll talk about it all tonight. you'll hear from all sides including a soldier who served with bowe bergdahl who says he

was under orders not to talk about him but can now speak his mind freely. >> reporter: bowe bergdahl enlisted in the army in 2008. the next year he was deployed to afghanistan. then on june 30th, 2009, officials say bergdahl was captured. the details into exactly how that happened remain murky. some soldiers who served in his platoon say he deserted, he just walked off the combat outpost in a remote region of afghanistan. for nearly five years bowe bergdahl remained a prisoner of war believed to be held by members of a network affiliated with the al qaeda. his captures released videos of the soldier. the first on july 19, 2009. it's unclear whether his remarks were scripted by his captors. >> scared i won't be able to go home. >> reporter: bergdahl's father spoke out publicly about his son on may 6, 2011 releasing a video on youtube.

asking his son's captors to release him. >> we ask that your nation diligently help our son be freed from his captivity. >> reporter: may 2012 the u.s. government acknowledged it was engaged in talks with the taliban to free the soldier. two years later it finally happened, in a controversial prisoner swap. exchanging bergdahl for five detainees at guantanamo bay cuba. folks from bergdahl's hometown waits his return. >> we're waiting for bowe to have his freedom. >> reporter: a close friend of bergdahl's family, sue martin, transformed her coffee shop for a hometown hero. but on some social media and statements by his former platoon members his service is viewed in a much more critical manner. some call him a deserter. there are claims he was critical of the war effort and that when he disappeared from his post, the search to find him cost

other soldiers their lives. martin said people are too quick to make judgments. >> we're going to learn about what happened through bowe and i don't think anybody else can tell that story. i think that's his story as to what happened and why and all the circumstances surrounding his capture. >> george howell joins us from haley, idaho. so he has the support, clearly, of his friends and a lot of people in the town. how have others in haley been reacting to the criticism he abandoned his post? >> reporter: anderson, here in the city limits you find that people are very supportive of who they call a hometown hero. you can see this building here decorated with balloons and ribbons. that's the sense you get here. however, people are not unaware of the controversy. they know there's big questions about his capture. and why and how he was released and other people believe he is not a hero. we saw a news release from the city of haley, anderson, a news release saying look they are

being inundated with phone calls and inundated with e-mails, people voicing their concerns, many people not happy about what's happening in this case. but the city is saying, look, they want people not to pre-judge in this case. due process should play out here and they hope the facts will be sorted out and we'll hear from bowe himself to explain what happened in those days. >> george, thanks very much. nathan bradley served with bowe bergdahl. as we mentioned he said he and others were ordered not to talk about it. he says now they can and tonight se. nathan you served in the same unit with bowe bergdahl. i read in an article in the daily beast. you didn't mince words. you said he was a deserter. explain that. >> looking at the evidence that i've seen and been presented over the years and really in the immediate first couple of days, there's no reason why after being relieved from his guard shift he would have left the perimeter of that outpost, particularly having left behind

his weapon, body armor, health and gear but intentionally having taken his compass, digital camera, his diary. the evidence seemed to mount that based on the guys who knew him personally and seeing him on a day-to-day basis there wasn't any other explanation that he must have intentionally left the guys in his unit behind and wandered off. deserter is a strong word doesn't get thrown around very often. but i mean, in the absence of orders, one leaving with the intention of not coming back, that is desertion. >> there early on had been conflicting reports about whether he had abandoned his post or whether he'd gotten -- fallen behind while on patrol. according to what you know there was no patrol at night, correct? >> there was no patrol that night, and the problem, i think, that a lot of veterans of the unit have with the story that was presented originally is that anybody who knows anything about being in an infantry unit would understand that to say that we

let this guy lag behind and no one acknowledged he was missing and they were able to snatch him up makes this unit sound like garbage. when the truth is he was on guard duty. a guy relieved him. when it was his turn to basically rest, he just vanished. and next morning when they did roll call, they couldn't find him and realize this guy sneaked out. >> can you explain how big of an operations, what happened to other ongoing operations. this was obviously a very tense area. and i know you write that other soldiers in your unit died while searching for bowe. >> that is true. when the report came up there was an american soldier missing and he was likely captured, we wound up -- we stopped everything that was happening. and to be honest with you, the whole of regional command east,

every american soldier got a change of mission. and people started getting sent out on these large scale search operations in which any village, any location where they received information of a possible safe house or area where guys involved might be hiding or where bergdahl was being held, they would go and surround the village and search every house. this went on for days and weeks. >> this is a tough question, do you hold him responsible for the deaths of those soldiers? >> it's different than saying bergdahl was the one who pulled the trigger, so to speak. but, yes, what he did had second and third order effects that rippled through the area and those effects harmed people and honestly i do -- i think the situation was made more dangerous. >> do you think -- i mean that he should serve some sort of sentence or see some form of

justice for deserting, for leaving the base if that, in fact is proven that is what he did? >> in bergdahl's case it would be politically impossible for them to punish him after having brought him back and expended so much effort. but if -- i don't think that it would make sense to imprison him. i think that he should at least face the administrative reprimand or at least be made to make a statement as to what happened, to acknowledge the gravity of what he did. >> you've forgive him, though? >> i have. ultimately he needed to come home. you don't get to pick and choose which p.o.w.s deserve to come home. if a guy is in captivity and we have the opportunity to bring him back, he should be brought back. so many of us spent to much lives to care about bergdahl, being forced to risk life and limb for bergdahl. and the fact is it doesn't make

any sense to still be angry about it, but it still needs to be brought to light if that makes any sense. >> yeah. i hear what you're saying. nathan, i appreciate you being on. thank you, nathan. >> i want to bring down the conversation with a former navy s.e.a.l. commander. also cnn national security analyst and crowe -- cia analyst bob bair. david, let me start off with you. your thoughts on hearing about the exchange. i mean is it, what went through your mind as someone who was held captive. >> i believe the story of bowe breaking down in tears and the helicopter, the sort of relief he feels. but let's be honest there's a lot of controversy about this and anger toward him. whatever happened to him that night at his base he regrets it. he spent five years in captivity. he'll carry this with the rest of his life. at this point he may not know soldiers died in the search for him he's been so isolated.

so he has to answer these questions. he should tell other members of the unit what happened. he has a harrowing five years already. >> you think he does have questions to answer. >> i do. i think that's fair. i had questions to answer when i got kidnapped. one of the things former hostages have and i still have it is a lot of guilt. i felt terrible of what i put my family through for seven months and my news organization, the "new york times" then. and i'm sure he has enormous guilt. let's hear from him. let's give him some time. >> you're a former navy s.e.a.l. with hostage negotiating experience in baghdad. i'm curious about your thoughts of whether this was an appropriate exchange and also just the way it was hand-week-old his parents in the rose garden, really making a big deal of it. the alternative would have been keep it quiet, have him return, make the exchange but not kind of have a rose garden ceremony about it. i want your thoughts. >> yeah. i can only speak -- i managed

the coordination for 400 kidnapping incidents from 2004 to 2006 in baghdad and the u.s. policy that everyone assumes is that we don't negotiate with terrorists. that's not official u.s. policy. but our policy was we don't make concessions to terrorism. and we all know that negotiation behind the scenes happens regardless -- the iran contra situation or others. the back door tactics getting someone backs needs in the shadows and by putting this out in the rose garden it compromised it. now we basically made the -- the president made a statement to the world that not only does the u.s. negotiate with terrorists but we make concessions to terrorism. that is a dangerous precedent to set. >> there are those that same the taliban is not al qaeda, a different group, not necessarily terrorists, they were a group that was in control of the country, a hostage exchange, as happens in other wars. how do you see it? >> i think we should look at bergdahl as a prisoner of war.

we should look at the taliban we may not like to call them legitimate combatants but they are. that, as far as i know, have nothing to do with the taking of american civilian lives, like 9/11. you know, most of these guys, the five released were there before 9/11. and there's -- >> they're certainly bad actors. we shouldn't paint them with a rosie brush. they are bad actors that committed great atrocities to civilians in afghanistan. >> all five of them war crimes. there's no doubt about it. but even the people we negotiated with indirectly, the haqqani network, is even worse. they killed american soldiers. we can't leave anybody on the field of battle. that's the way militaries go to war. and that's -- was properly done. >> david, you talked to family members who have people still being held hostage. civilians and others. there is no real consistent policy, is there? >> there's no policy, no coordination at all between the

u.s. and its allies. it's correct, the united states doesn't pay ransoms. but a few years ago, israel released 1,000 hostages for one soldier. european countries france in particular that do pay ransoms. there's a british estimate that the british don't pay ransom but al qaeda affiliates received $100 million in ransom in the last three years. yemen, boko haram and honest truth here is militants kidnapping people, civilians or soldiers is working and there isn't a coordinated response and my captors didn't believe that the u.s. didn't pay ransom and made these crazy demands. ime have been held -- it was the haqqani is the same group. i could still have been there and been part of the exchange today. >> the fact, though, that this exchange has been made does it make it difficult, does that put a price, more of a target on americans overseas from the haqqani network? >> it could. they're so delusional that there was a target. they already believed this was

happening. i was captive when captain philips was rescued off the somalia coast. they said there was no raid. there was ransom paid. it's a very difficult issue. we need more, i think consistency from western governments. because it puts these american families, i was speaking earlier with the family of warren weinstein. he's an american civilian. he's 72 years old and he's being held captive by the taliban. in pakistan right where bowe bergdahl was. they are thrilled for the bergdahls but said what about us. there's two journalists missing in syria. these american families french are paying huge amounts to get french journalists out of syria. what do these american families do? >> dan, does it complicate efforts for the next time? >> i can just tell from you my experience in iraq, citing the countries that france, germany and italy, it became well-known on the street these countries paid multimillion dollar ransoms. what it essentially did was put the target on the head of anyone holding a french, italian or german passport.

it blew up the business. they are funding terrorism on the continent of africa based on lessons learned from iraq and now we just added to that by making this public announcement that we do negotiate and that there's a price to be paid in exchange for an american citizen or american soldier. >> dan, do you see any difference between negotiating with clearly a terrorist group and a group like the taliban which, you know, an argument can be made they once ran afghanistan, they were quasi state actor? >> listen, we're in a fourth generation warfare. the rules that applied during vietnam and previous engagements they have been thrown out. we're in a very difficult situation. and, you know, listen, bowe will have to answer what happened. whether he walked off his post or did not. the reality is long term

consequences we entered the same arena that a lot of these european countries. -- have where they made negotiations. they made concessions to terrorism and that only encourages more of the same. >> good discussion. stick around. we're going to continue the conversation in a moment about what bowe bergdahl is going to face mentally and physically. what he's facing now and in the months and years ahead. we'll talk about the team of professionals in germany and texas who have been developing and rehearsing his re-introduction to life out of captivity. set your dvr so you can see 360 any time. also ahead, sharply critical voices weighing in on how president obama and the administration handled the negotiations and whether he broke the law. [ girl ] my mom, she makes underwater fans that are powered by the moon. ♪ she can print amazing things, right from her computer. [ whirring ] [ train whistle blows ] she makes trains that are friends with trees.

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you saw at the top of the broadcast many areas of contention surrounding bowe bergdahl's release. one concern is price of his freedom the release of these five men mid to high level that will spend the next year in qatar under unspecified -- will spend a area in qatar. then there's the question of whether it was appropriate to make a deal at all, whether this was a case of recovering a p.o.w. which was done for centuries or negotiating with terrorists. today on new day it was discussed. >> he was held? an armed conflict by the taliban.

we were engaged in an armed conflict with the taliban. and we have a history in this country of making sure our prisoners of war are returned to us. we don't leave them behind. he was not a hostage, and he was prisoner. it's entirely appropriate given the determination made by the secretary of defense in consultation with the full national security team that the threat potentially posed by the return of detainees was sufficiently mitigated to allow us to move forward to get bowe bergdahl back home to where he belongs. >> others disagree on whether president obama skirted a law, broke a law requiring congress to be notified 30 days before releasing guantanamo depainees. diane feinstein said it would have been better if there was acknowledgement. mr. chairman thanks for being with us. did president obama break the law? >> yes.

>> broke the law clearly because he didn't give 30 day notice? >> last year in our national defense authorization act that passed out of our committee 59-2, passed on the floor 3-1, conferenced with the senate, was finally passed by both bodies, signed by the president, stated specifically that before any detainees would be released from guantanamo, the administration would give congress 30 days notice. >> the administration cites a so-called signing statement that it issued when the congress created this law and the 30-day notification requirement. the signing statement they believe crates a waiver for the president when conditions are exceptional, the same kind of signing statements used by george bush previously. is this situation different? >> all i know is we passed the law, he sign it. now if he has some wiggle room because he says the bill that

i'm signing i don't really believe, then i don't know why he signs it. there's another way to treat that, it's called veto. he didn't do that. he signed it. you know, this president has a history of doing this. deciding which laws he wants to enforce. which ones he wants to follow. i don't think the constitution gives him that kind of leeway but that's kind of the way he's functioned now for almost six years. in fact, his attorney general, the lead law enforcement officer in his administration has told the attorney generals from the states that they don't have to enforce all the laws they can kind of pick and choose. i've never seen anything like this. it's really over the top as far as i'm concerned. >> do you believe there should have been negotiations for the return of bowe bergdahl? there have been exceptions to the whole idea of not negotiating with bad actors, ronald reagan as we talked about before sent missiles in iran in exchange for americans captured.

is there a place for it for these kinds of negotiations? >> let me just say i'm glad that sergeant bergdahl is going to be reunited with his family. we don't like to see any of our men held as hostages or as prisoners. it's the way this was done in contradiction to the law. now, i heard secretary rice, ambassador rice saying congress knew about this. we've been talking about it for three years. they have told us and we had briefings that they were negotiating with the taliban for a future peace. i thought that all fell apart. but several years ago they did bring that up and tell us they were working towards that end, and i never heard them say -- i've never been briefed to my recollection about sergeant bergdahl. so, i just think they've gone

over the top. the problem is what happens now is that the rest of our people in uniform or civilians around the world are put in a more dangerous spot than they were a few days ago. >> we were talking about that before the break with our other guests. do you buy the other administration argument that sergeant bergdahl was, had a health reason and that they couldn't wait, there was a time, it was a time sensitive matter they had to move when they did because of his health? >> i don't know. it's interesting that it's gone on for five years and all of a sudden when they were able to make a break through they made a big point we didn't negotiate with terrorists, we negotiated with qataris and acted as a broker. well, you know, this is really a parsing of words. if a terrorist is holding somebody, and you worked out a deal to get somebody, now, you

know, when we buy a home you might have a realtor in there but who are you really negotiating with? i don't think that's the important thing. i think the important thing is that they have now released five hard-core taliban. and what i'm concerned about is what are they doing to keep them from getting back in the fight? that's what i want to hear. we're going to hold hearings on this. we're going to look into this. we're -- the president made a big speech a week or two ago about we're going to leave 9800 troops behind. nato will leave about another 5,000. almost 15,000 men and women in uniform we'll leave there that are now put in more jeopardy than they were before. and each of those people have husbands, wives, fathers, mothers, children, and they all care about them too, and i don't want to see them have to go through kidnapping or any kind of being held.

>> the question is how long will it be before these five return to the fight, especially once they are released by qatar. chairman, good to have you on. thank you very much. >> thank you. thanks for having me. up next an update on sergeant bergdahl's recovery and what's going to happen when he's finally back on u.s. soil, how he'll be reunited with his parents, what psychologically he's going to be facing. also tonight donald sterling's estranged wife making some moves, trying to maintain a role with the clippers even after the team is sold. we'll talk to donald sterling's attorney and the accusations that his client is mentally impaired. he has some interesting things to say about that and was donald sterling tricked by shelley sterling to get a neurologic exam. we'll be right back. (mother vo) when i was pregnant... i got more advice than i knew what to do with. what i needed was information i could trust on how to take care of me and my baby.

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whatever you think about the circumstances of bowe bergdahl's release or disappearance they pale on a human level that he spent five horrible years under the hands of people who think nothing of torturing their captives. sergeant bergdahl is reported in stable condition and will continue in san antonio where martin savage joins us tonight. he's going to be flown from germany to san antonio to continue the re-integration process. what does that entail? >> reporter: we don't know when that's going take place. that decision is left up to the doctors in germany to determine when he's fit to basically be transported.

but the moment he is, the special team member, the advance members from the army will get to germany, receive him and then transport him here. >> they have been waiting and training for his arrival for at that long time i understand. >> reporter: yeah. this absolutely blew me away. the army officials said they have been training specifically for sergeant bergdahl's return almost from the day they knew he became a captive and his personal recovery team as it's now referred to has grown to hundreds of people and they actually have been training every six months, they have been meeting and training for a week for the last five years. that means they've rehearsed this scenario including stand ins for the sergeant and his family at least ten times now. >> do we know what his daily life will look like once he gets to texas? >> the main things, medically they want to make sure he's okay. mentally they want to make sure he's okay. they will continue debrief and

see if he has any intel on how he survived captivity. on top of that the reunion. there's no specific schedule. his life has been dictated for the last five years by somebody who said when he would get up, when he went to bed and what he ate and what he even wore. now they will slowly return that control to him. it's all about that process. small steps. >> they also are very careful about how they reintroduce him to his family, correct? >> yeah, i mean, reunion is really what it's all about. that's what the whole process is for. also potentially the most overwhelming and they know this because these are lessons learned dating all the way back from p.o.w.s in world war ii. and in fact, it was back in 2008 there were three americans that were held in colombia for five years, about as long as the sergeant was held. and they talked to cnn about that moment of reunion and about how powerful it was and it's carefully controlled, the families will only meet for the first time for a few minutes.

listen to what they said. >> i opened the door, now imagine you got these two children, to me which is -- i hear papa, papa, papa. it hit me. it was like i had never been gone. and that's a credit for their mother. there's an intensity level to it. when they first tell us, you're only going to see your family for 40 minutes. there was a reason for it. >> reporter: the reason just so overwhelming. small steps. again. and remember, reunion plane side won't likely happen. it will happen after sergeant bergdahl cigarette checked into his hospital room and only then. >> one other detail, when sergeant bergdahl got on the helicopter on the afghan/pakistani border it was so loud and it was so disoriented he wrote on the paper plate "sf" with a question mark. they said yes we've been looking for you for a long time and that's when he broke down. david you escaped from the taliban after seven months in

captivity. can you explain some of that process of being free again and kind of the reintegration. >> it's wonderful. i mean i just -- you know, what martin mentioned that you can't control when you eat, what you wear. it's really debilitating. so -- and i was lucky. i want to be careful here. i was held one tenth of the time bergdahl was held. i don't know. i was elated. i very quickly saw my family. >> you saw your family very quickly. >> yes. i met them in dubai, flew to afghanistan from there. it went very well. there were issues. i didn't sleep very well. i remember particularly the first few nights i wasn't sure this was real i was afraid i was going to wake up and the whole

thing had been a dream. >> do you still think about it every single day. >> no. i don't think about it every single day. it's interesting with bowe, with his family and the other families who have hostages, i think about it a lot. also don't want people to see him as necessarily broken, as unusual he has language issues. >> his father said he's having trouble with english. >> i think he -- you know, may rebuild his life. i hope he will rebuild his life and should be given a chance to do that. after he answers questions about what happened. he's had a very brutal five years but i don't want to see him revictimized if he answers these questions. >> dan, it's interesting at least as of yesterday, he hadn't even talked to his parents yet. once he's back stateside those visits will be brief at first. why is that important, that gradual re-entry into his life? >> well, there's three phases to reintegration and the first phase, phase one happened in afghanistan. obviously seen by a doctor to

make sure his immediated me couple concerns are addressed. this army in depth process they have a psychologist, an escape psychologist who is trained in this, this is his whole mission to go train and walk bowe through this whole process of reintegration. as david alluded this is a traumatic experience waking up not knowing if you're still back and held in captivity. i can tell you witnessing this and we debriefed, i personally debriefed a handful of folks that were held hostage in baghdad and part of the first step was giving them a piece of their life back. everything was taken away and now freedom is given back. it's something that can't be rushed too quickly.

it's a process and phase two is going on in germany and then, of course, the final phase which will be a lifetime phase he'll always have access to the help that will come through the em army with this repatriation process. >> does it surprise you that he's having trouble with english? >> of course not. i mean, for five years, his companions were locals that only spoke -- he had no opportunity to speak english unless he was teaching his captors bits and pieces of english. in a part of humanize his captors. one of the ways to survive is you build common ground with your captors to so they look at you as human and not as a captive itself or an object to be exploited. >> extraordinary process coming back. i appreciate you being on. thank you very much. and dan as well. i'll talk to donald sterling's attorney about his client being declared mentally incapacitated. did donald sterling know he was being examined that way in the surprising answer ahead. new details about the deal the lowest price

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that corporate trial by fire when every slacker gets his due. and yet, there's someone around the office who hasn't had a performance review in a while. someone whose poor performance is slowing down the entire organization. i'm looking at you phone company dsl. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business built for business. new details about the deal that shirley sterling made to keep her ties to the clippers. with the pending sale of the team. she agreed to sell the team for $2 billion to steve balmer. the deal the nba has approved. mrs. sterling worked out a position on the team for herself a time of owner emeritus to allow her to attend games in the arena. her husband filed a lawsuit

against nba. not everyone is convinced that the sterilings are fighting each other over the sale. some thing it is all an act. >> some say this was kabuki theater at its worst. legal analysts don't believe donald and shelly sterling are truly estranged at least when it comes to this case but they likely coordinated the sale of the l.a. clippers together behind the scenes. >> why do you think they have been working together? >> everything happened so quickly and easily. the sale of a team, a major sports franchise team occurred within a couple of weeks. donald sterling stepped aside at some point. shelly sterling came forward reached some agreement with nba on the sale of the team. it all was too easy. it happened too quickly. >> we couldn't get response from shelly sterling's attorney to

that. whether they colluded or not, there are questions. on friday donald sterling was mentally incapacitated. making shelly sterling the sole trustee. donald sterling had to be willingly be examined by two neurologists. did he see those doctors knowing that the diagnosis would clear the way for his wife to sell? shelly sterling isn't saying. another question, is donald sterling helping fast track the $2 billion sale because he would get half. that's right. half of that money. the short answer it sure looks like it. >> under the trust agreement most likely donald sterling would receive half of it. in addition the two of them are married, california is a community property state, so arguably even if for some reason shelly sterling receives $2 billion, 1 billion belongs to donald sterling. >> a huge windfall for a man whose gone from this racist rant.

>> don't come to my games, don't bring black people. and don't come. >> to attending a service at a predominantly african-american church over the weekend at the invitation of the pastor. an effort some experts say was both misguide and mistimed. >> we expect people in this situation to go to an african-american church and our reaction isn't well i guess they are not racist, our reaction is somebody probably advised him to do this, thinking it was a good idea. later tonight i'll talk to the pastor who invited donald sterling to that church service. first more from donald sterling's camp. his attorney joins me tonight. mr. bleacher, first of all the sale of the clippers how does mr. sterling feel about it? is he pleased about it? about the price? >> well, he's not displeased about it, as far as i can perceive. but he's unhappy that he's not the seller. he believes he still owns the team that he's run for 33 years and that he should be at least a

participant in the sale from which he's been excluded by the apparently collusive action of the nba, mrs. sterling and mr. balmer. >> your client sent a letter indicating that shelley sterling had the right pursue a sale. >> that depends how you view the letter. mr. sterling believes the letter which is ambiguous, so i can't say that shelly is off the wall. mr. sterling believed that she could only negotiate the sale and bring it back to him for approval. she read it in a broader way

saying she could conclude the sale and taken the liberty to have him declared mentally incompetent so he doesn't have anything to say about the sale and isn't even required or obligated or allowed to sign the sale documents, which to me, is totally obnoxious state of affairs. and by the way, he is not mentally incompetent. not mentally incompetent. that's a lot of nonsense. >> what is his mental state. it was reported he was found mentally incapacitated by two independent physicians, neurologists. according to sources. to your knowledge, was he examined in person by these two neurologists? >> mr. cooper, i think you know that experts tend to give the opinion of the people who hire and pay them. i'm not making any accusations against these psychiatrist. maybe they're in abundant and good faith but i can tell you

there are going to be dozens of psychiatrists out there who will tell you after talking to him will say this man is far and away from being mentally incompetent. >> was he examined by neurologists? >> he was examined by either two neurologists or psychiatrists or both. >> why did he agree to be examined. was he aware of what the examinations are for? >> you're giving me softballs. why do i think he agreed? i think shelly induced him to do these examinations without disclosing to him what she was really doing just on the theory gee why don't we get an examination maybe you can use some medication. >> he didn't know at the time that's what these tests were for? >> correct. >> there are those who believe that mr. sterling and shelly sterling are actually in some ways colluding that maybe perhaps this ruling of him being incapacitated works in his favor in negotiations with the nba. >> i don't believe they are colluding. now having said that i would describe their estrangement from

my observation as being itself strange, but i don't think they're colluding. >> how is it strange? >> well, i think they are particularly friendly. i think there's no apparent hostility or animosity between them. and they seem to get along and are maybe closer to business partners than marriage partners. i don't sense any hostility but i certainly don't have any suspicion that they're colluding together in the conduct of what's going on now. >> so it's very possible that you may just go along with this deal? you may not go ahead with the lawsuit, you may just go along with this $2 billion deal. that's a possibility? >> i can't exclude that possibility but i can make to you as clear and certain as possible that mr. sterling is stunned by what happened to him as a result of a purely private

conversation with his girlfriend which she illegally recorded and disclosed and during which she egged him on and was agitated. he's stunned by what happened to him. he's not going to go away without some sense of his dignity being restored and that is a condition precedent to taking the next step forward. if the league is not willing to meet him on that ground then there's going to be war. >> i appreciate your time, sir. thank you. thank you very much for having us. my pleasure to be here. >> the ridiculist is next. ♪ so nice, so nice

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comcast business built for business. an uncertain welcome. with bowe bergdahl out of harm, there's questioning. >> the king's abdication triggers calls to change. we are live in madrid. >> this is about protecting local economies and it's about protecting jobs. >> this is the single worst blow to kentucky's economy. >> opposing views. the reaction to america's new plan to combat