trevor. is there any kind of legal case to be made for jonathan martin now? >> there actually is.ails on the field, off the field it's a work place environment. off the field there are things that can happen that are normal and customary but normal and customary do not include of discrimination or racial or sexual orientation. we have title vii of the employment act and that just prevents that in any work place environment over 15 people. this is absolutely within that scope, harris. harris: you know, rebecca, i have an allergy to people overplaying any sort of a privileged card like a race card. and i really appreciated what trevor just said, what he said was i would like to hear the voice mail and hear the context myself. those were his words. sounded like a drunk dial. so that aside. >> okay. harris: because we all know we can invoke certain words into a conversation to make it legal but just what you know about this case, aside from that, tom, is there a legal case to be made for jonathan martin or does he just go away? >> there is no legal case. this is an issue for the miami