jeffrey toobin, our legal analyst, still with us. i'm told tomorrow adam silver will have a conference call with the advisory finance committee of the nba. that's nine owners. there are 30 owners altogether. to begin the process of trying to force donald sterling to sell, to sell the clippers. in the end, they need three-fourths, 23 owners, to vote yes. is there any doubt they'll get to that 23 number? >> i mean, there's always doubt. you're going to have a process where they notify him, he has five days to respond, then within ten days, they have to have this meeting. donald sterling is going to get the chance to be in a room with 29 other owners. many of whom he's been friendly with. all kinds of things for nearly 30 years. he's going to get to meet his case directly to them. one of the things i would imagine he would say is, look, this could be you next. mark cuban, the dallas mavericks, words, a slippery slope. think about the process. this isn't an okay process. one thing that's come out recently that's sort of interesting, you

and also jeffrey toobin, our senior legal analyst. kly, jeffrey, what legally can the commissioner do? >> he can pretty much do anything he wants, short of making sterling sell the team. he can fine him, he can suspend him. selling the team is something all the commissioners -- all the owners can do together. but adam silver can't do it by himself. but he has a lot of leeway to decide what to do today. >> how significant is this moment? give me some perspective, nba history right now. not just nba, but sports history in america. >> well, if you go back in time, obviously, you know, you look at the history, and the trail blazing that a lot of our retired players have blazed that trail, some who aren't with us anymore, but some who still tell those stories, you know that sports has come a long way. obviously this takes us a step back. but awareness is always good. but i think historically, as you look at the game, and how global it's become, and how diverse it is, with european players, players from a lot of different countries playing i

be answered here, especially in light of that video shot last night. >> she is a part owner, jeffrey toobint now as far as the future of the clippers, assuming he's kicked out? >> well, she is not banned from association with the team, but historically, she has had no leadership role with the team. a lot depends on what precisely the owners do at this point, because three-quarters of them can vote to order him to sell the team. now, i suppose they could try some legal mumbo jumbo that might sell the team to her. adam silver's a lawyer, they have very good lawyers. they are going to make sure all the ts are crossed and they get the team away from the sterling family. how precisely that works and when it works, i don't know, but that family is not going to own the team. >> don, what did you think of the punishment? >> she's got $1.9, almost 2 billion reasons not to speak ill of this man. she should have come out immediately and said that is my husband's voice on the tape. she could not have been married to him all those years and have kids with him and not know he's a racist. it's ridiculous.

our senior legal analyst jeffrey toobin joins me now on the phone to break it down.affirmative action in michigan is something the voters didn't like. and now the supreme court says the voters have the right to vote on anything they want when it comes to this? >> that's basically it, that's right. the university of michigan was given permission by the united states supreme court to use race as one factor in admissions. to achieve diversity. which the supreme court said was a legitimate purpose in admission. in response to that, 58% of the voters in michigan said, we don't want that affirmative action. we don't want any sort of consideration of race in admissions. and today's decision, the supreme court said that's okay, that we have said earlier that affirmative action is permissible but it's not required. so the state of michigan can get rid of it, if they like. >> so let's say i am in the state of california or let's say imin the state of utah and i'm watching this. does that mean that i as a government can create a ballot initiative and do the exact same thing mic

i want to bring in our senior legal analyst jeffrey toobin to talk about this. it seems to me what the justices did here is lay out a road map 0 show states how do away with race admissions? >> that's exactly what that he want to. the real implication of today's decision is that affirmative action is going to be very much part of the political agenda now. because as you say, the voters here effectively overruled the supreme court and said, look, you said we could have affirmative action, but we don't want it. and we're going to ban it. and the supreme court today said that's okay. you can ban affirmative action. so now the question is, what states, what voters, what state legislators will now try to do that in other states? and how will politicians defend and attack affirmative action. >> yeah, it's going to be interesting the ramifications and implications could be quite broad. now, there are some voices among them at the university of michigan in ann arbor have criticized the ban saying look this makes it tough for us to have a diverse student body. what kind

i turn, of course, to our senior legal analyst, jeffrey toobin, to explain.wisdom by so many naysayers so frustrated with what they see on capitol hill that we try as we might to regulate how the rich people buy off politicians and then have a ruling like this that tells us it was all in vain. am i wrong? >> you were right. >> i'm never right. >> you were right about this. >> explain what happened? >> in simple terms, there are rules that say you can give $5200 to any individual candidate for federal office in one election cycle. >> that's a two-year cycle. >> yeah, every two years. the -- there is also a rule that says you can only give a total of about $123,000 to all of the candidates in chunks of $5200. what the court did today was, it left intact the 5200 rule, but it said, you can give $5200 -- >> to as many -- >> to as many people -- >> as you want. >> correct. >> and how does that change the game? >> well, basically, it gives people who have a lot of money at their disposal the chance to spread their influence even more widely. if you have $1 million

jeffrey toobin is cnn legal analyst and former federal prosecutor. obviously general motors and malaysia are two very different stories, very different circumstances. no amount of money can ever bring somebody back, but when it comes to the law what is a life worth? you how do you value a life? >> the sad truth the legal system has a lot of experience with this question, because in every personal injury case where a death has been caused, whether it's a car accident, or an industrial accident of some kind, the question arises, is what -- what was a life worth? and ken feinberg, just hired by gm, probably has more experience on this question than anyone in the world, because he was in charge of dividing up the money for the victims of the world trade center attacks and the first question that's always asked is -- what was the person making in terms of income at the time of their death? and how can you project forward what they were -- >> career earnings. >> so that's where you start. but it can get very complicated. after that, you have issues of pain

i want you to make your point. >> it's very clear in the bylaws which jeffrey toobin has read, the nbam sure, jeffrey, correct me if i'm wrong, if you're going to own a team you must sign a contract and you must sign on to in the bylaws. the last bylaw i looked at said whatever happens with the nba commissioner you eer once you h decided, once 2/3 of part of the governor's associations or owners u once they decide you can no longer own a team, it is a done deal and not enforceable in court outside of -- >> i agree -- >> -- of the nba. >> -- there's no question that's what the rules say. that doesn't mean -- jeffrey pointed this out, anybody can file a lawsuit. >> that doesn't mean he's going to win. >> he can file and tie things up. there's even talk about whether he's going to try to file for a temporary restraining order to get back into the arena sometime this week. this is a guy, and i want to point out, it's against the nba bylaws to pick up and move your team without the nba's permission, right? this would seem to be obvious. guess what donald sterling did? >> moved his team. >>

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jeffrey toobin, joe tacapina, thank you very much. about this latest turn and what her response to be. >> tomorrow night at 10:00 p.m. we have an exclusive interview with amanda knox. she says she will back away from no question about what the court has to offer and you can judge for yourself. >>> a botched execution in oklahoma raising the question again about the big question and the controversy over executions in that state and across the country. we'll speak with someone who witnessed the execution and ask what went wrong and what she saw. >>> also ahead, the owner of the l.a. clippers is out of the picture for now. will donald sterling try to hold on to the team despite his ban from the nba? we'll discuss when "new day" we'll discuss when "new day" returns. man: definitely more murdery than the reviews said. captain obvious: this is a creepy room. man: oh hey, captain obvious. captain obvious: you should have used hotels.com. their genuine guest reviews are written by guests who have genuinely stayed there. instead of people who

. >> cnn legal analyst jeffrey toobin is here. the charges are abandoning his bod boat. he was one of the first rescued. negligence. what else might he face? >> the president of south korea said his behavior was akin to murder. which i think is probably an unlikely charge in this case. but out of this whole situation, a classic demonstration of of what defense attorneys try to do in any country is delay. because here you have a country that's really on fire with rage. understandably. about what's happened here. anyone who is charged is going to want to try to push this down the road when people have somewhat cooler heads about it. >> you think being charged -- is he going to go away for life, do you think so? >> it could easily happen. but, remember, there is so much we don't know about how this happened and why. about the division of authority within the various staff members on the bridge at the time. once a court gets involved, it's going to be a more meticulous process. potentially at least some of the crew will be cleared, but it certainly looked bad for them now. >

jeffrey toobin joining us live. you know who else is going to join us live, wolf blitzer.g to take over. thanks for watching. >>> right now, it's judgment day for the owner of the los angeles clippers. also right now, a major twist in the search for missing malaysia airlines flight 370. now a private company is saying it's found possible wreckage and it's nowhere near the area the search has been focusing on so far. right now, one-third of the united states bracing for more dangerous weather. it's coming from the same storm system that's already killed 29 people and ripped apart homes, trees, cars, all along the way.

joining us, our senior legal analyst jeffrey toobin and laurie borger.ve action on college campuses? >> well, it's the end of it in michigan. we'll see about the rest of the country, because, you know, the university of michigan said, we want to have affirmative action. we want to have race be one factor in admissions, but the voters of michigan voted that policy down. they said we don't want any affirmative action, 58% of the voters in michigan in a referendum said get rid of affirmative action. the supreme court said the voters had a right to do it. so, this could be a road map for other states, voters, state legislators, that want to get rid of affirmative action because now the supreme court is giving it the okay. >> it was a 6-2 decision, alanna kagan refusing herself, but what are the political implications of this? >> as jeffrey just said, it could -- on a larger stage, i think this puts the issue of race front and center again as we head into 2014, as we head into 2016. you look at this supreme court, you look at what it did with the voting right

jeffrey toobin, the venerable legal eagle says this is the roberts project, to limit burdens on wealthyonors and this will be his signature achievement. it is only a matter of time pap lot of folks say before we get rid of the supreme court, that is, gets rid of individual contributions. your thoughts on the likelihood of that. >> i think it's very possible. you know, the opinion in this case was sort of koy and careful. it didn't quite uphold the limbs and didn't quite rule out the possibility of striking them down. but it changed the framework by which the court assesses when it's reasonable and proper to put limits on campaign spending, and that opens the door to striking those limits down in the future. >> doing some great reporting on this very subject. e.j. dion, always a pleasure to have you on the show. thank you. >> always good to be with you. >>> just ahead, the white house faces a few major decisions. when to declassify the senate cia torture report and how much to declassify. i will speak with the guardian's spencer ackerman next.  [is engineered for comfort.hing that goes

he joins us along with senior legal analyst, jeffrey toobin.heard the tape over the weekend what went through your mind? were you surprised? >> i was surprised. i was shocked. i was appalled. i was angered. all of those emotion went through. i always say that racism is a refuge for ignorance. it was able to see the ignorance that at times you think have gone away in modern day society that is still apparent and prevalent. >> is there anything that can happen other than him being suspended. he has to be suspended. >> i think you know, the first thing is due process, to make sure that was him. i think the nba is making sure all of those things it wasn't edited no transcript way to make him in a different light. if that's the case then second thing is yes you can be suspended. you can be removed from your daily operations. i mean, we have labor laws in the united states that people have to follow. >> jeff, for you, is it simple that the guy has got to go? >> he's not just going get suspended and fined. he's gone. he's not going to be the owner of

let's bring in senior legal analysts jeffrey toobin. on. kelly, you pick up with the idea of how unusual this may be to see a defendant debating and being put to the test this way. robyn, you start. >> obviously oscar pistorius has been giving his testimony for 2 1/2 days, gently led by his own defense. the state came in and went at it hard, equating riva stan camp's head with an exploded waterme n watermelon, trying to force him to see those pictures being in court. oscar pistorius has been emotional, has struggled to try to get his testimony over in the last few hours. there were many times i saw him clenching, holding himself back, trying not to stop, trying not to break down because, of course, he has to tell his story, has to put this across. in terms of whether this is unusual, this very, very grotesque kind of example so early under examination, i hey kelly is good to answer that. >> the level of aggression is not unusual. the system is based on vehement cross examination. the gratuitous nature of the manner in which that photogr

conference, a panel discussion with media attorneys and journalists including cnn legal analyst jeffrey toobinnd a legal legal advisor to edward snowden. this is from new york city, about an hour. >> can you hear me now? yes. good morning. i'm john darnton, curator of the george polk awards i want to welcome you to the sources and secrets conference. the idea for this conference came in an e-mail many months ago from william polk who is the younger brother of george polk, the cbs reporter who was murdered on assignment in greece. william was concerned about the espionage act, and he wrote, the issues that my brother's murder brought to the floor were, one, can you silence a story by eliminating the reporter? and number two, can a free society operate with a source of information on public affairs are closed or even severely constrained? is concerned it turned out was felt in fact by many in our profession. over 50 organizations have sponsored and supported this conference, and we thank them for that. it may be that conflict between the government and the press is inevitable, but rarely has tha