May 1st, 2014
11:53 AM ET

Does Donald Sterling HAVE to Sell the L.A. Clippers?

On Tuesday, NBA Commissioner Adam Silver said he would do "everything in his [my] power" to force Donald Sterling to sell the L.A. Clippers franchise.


While other owners have been fined before, the league has never forced an owner to give up his team.

The commissioner said he fully expects to get the needed three-quarters of the league's 30 owners to back the move, but does Sterling HAVE to sell if he doesn't want to?

On "New Day" Thursday, sports attorney Jeffrey Kessler explained, per the NBA constitution, Sterling has already agreed to a vote by his peers. After that, Sterling would have to sue for an antitrust violation as his only way out.

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Kessler: The NBA constitution and by-laws says they can hold the vote. They have to bring a charge. Sterling gets to respond to the charge and there's a hearing. It all happens supposedly within 20 days, and then they make a decision with the vote. That's clearly in the document.

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Kessler: I wouldn't say it's fair. It's the hearing he agreed to. He agreed to subject himself, all the owners do, to a vote of their peers. They agree to these procedures. In the constitution it says when you agree to this, the vote is final and you waive your right to go to court.

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Kessler: There are at least two provisions that I think the league is going to use. One has to do with violating any of the rules, regulations, and agreements of the NBA. Somewhere in the NBA, there's a rule or regulation that says you cannot engage in racist comments or behavior in this league.

Secondly, they have a provision about violating agreements which adversely affect the interest of the NBA.  You do something bad in violation of the agreement with the league and they can take this vote. It's a very, very broad prescription.

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Kessler: The rules about what the league can do for players are much more limited than what they can do for owners. Owners are members of their club; they voluntarily join it. They agree to these restrictions. They have one set of rules. Players have a collective bargaining agreement which actually circumscribes the authority of the commissioner and limits what the NBA can do. It would be totally different for players.



Kessler: If he claims an antitrust violation, you can't waive antitrust rights. That's the law. However, you have to have an antitrust claim. Just because you have a right to file, doesn't mean you have a claim. Sterling would try to claim that there is some restriction illegally on competition but it's very hard to see how that's the case here.


READ: NBA commissioner bans Clippers owner Sterling, pushes to 'force a sale' of team

READ: Will the NBA make Sterling the first owner to give up team?

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May 1st, 2014
06:17 AM ET

2 Inmates Killed in Jail Blast

An apparent gas explosion caused part of a county jail in Florida to collapse, killing two inmates and injuring about 100 others.

The explosion took place late Wednesday night at the Escambia County Jail's central booking area. About 600 prisoners were in the building at the time, the county sheriff's office said.

Roughly 100 -150 inmates and correctional officers were hurt, said Kathleen Castro, a spokeswoman for the county. She confirmed the two fatalities.

The inmates who weren't injured were taken to other detention centers.

By early Thursday, authorities had completed two sweeps of the building. Search and rescue work were ongoing.

Severe weather that swept through the area caused significant flooding in the county Wednesday morning.

Castro said it was too early to say whether the explosion was weather-related.

"The building did receive extensive flooding as a result of the rains,"she told CNN affiliate WALA. "I don't know if that's directly related to the incident that happened this evening or not, we'll be doing an investigation to determine that."

Relatives gathered at the scene to get details on their loved ones.

"We don't know if they dead or alive. It's really frustrating," Eva Stewart told the affiliate. "I can't sleep not knowing if my child's OK. I got other family members in there too, I don't know if they're OK."

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Storm Rages for Fifth Straight Day
May 1st, 2014
05:37 AM ET

Storm Rages for Fifth Straight Day

It's got to quit sometime. Right?

The slow-moving storm system that brought deadly tornadoes to the Plains and the Deep South, and flooding from the Gulf Coast to the Northeast, is winding down. But still, it has a bit more to give.

Washington, Philadelphia, New York City. That means you.

The forecast says up to 6 inches of rain will fall in some areas by Friday.

In the neighborhoods outside the nation's capital, water rescue teams kept busy on Wednesday as flash floods appeared and just as quickly disappeared.

Maureen Braun considered plowing through a foot of water on a Fairfax, Virginia, street, but changed her mind.

"I'm turning around," she told CNN affiliate WUSA. "I'm not an idiot!"

It was much the same in the Philadelphia area.

Bob Bonenberger found himself cut off at every pass trying to get to his home in Skippack, Pennsylvania.

"It's just terrible," Bonenberger told affiliate KYW. "The flooding is everywhere."

In the New York City area, the heavy rain caused a mudslide that covered three of four Metro-North commuter rail tracks in Yonkers on Wednesday night, delaying train service, affiliate WABC reported.

Robbs Barbota got stuck in high water in northern New Jersey. The experience left him shaken.

"I'm too young to die," he thought as the rains swamped his car. "Please someone help me."

We'll have the latest on the weather on "New Day" starting at 6am ET.


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Five Things to Know for Your New Day – Thursday, May 1
Deadly storm system moves into the Northeast, dumps inches of rain
May 1st, 2014
05:32 AM ET

Five Things to Know for Your New Day – Thursday, May 1

The storm system that just won't quit soaks the Northeast. The world awaits the release of the first report on Malaysia Airlines Flight 370. And Toronto Mayor Rob Ford takes a break from his re-election campaign to seek help for alcohol abuse.

It's Thursday and here are the 5 things to know for your New Day


It's got to quit sometime: The slow-moving storm system that brought deadly tornadoes to the Plains and the Deep South, and flooding from the Gulf Coast to the Northeast, is winding down. But not before dumping a load of rain from Washington to New York. There's lots of flash flooding and folks are getting caught by surprise in their cars.


Report pending: The Malaysian government will release the preliminary International Civil Aviation Organization report to the public  today. It will detail evidence collected in the disappearance of Malaysia Airlines Flight 370. The Boeing 777 vanished nearly two months ago. An extensive international search has found no evidence of the plane.


Legal leak?: Los Angeles Clippers owner Donald Sterling is banned from the NBA for life. And he admits he made the racist comments on a recording leaked to the media. But was it legal? His alleged mistress, V. Stiviano, said she recorded the conversation. Her attorney says it was with his permission. If true, then it's OK. But Sterling's side hasn't weighed in. Whether legal or not, the damage has been done.


Taking a break: Toronto Mayor Rob Ford is on the sidelines of his re-election campaign while he seeks help for alcohol abuse. The move came hours after a local newspaper reported on a new video that allegedly shows him smoking crack cocaine. In a statement released yesterday, the embattled mayor said, "I have a problem with alcohol, and the choices I have made while under the influence."



Exclusive: Tune in tonight when New Day's Chris Cuomo interviews Amanda Knox, a day after an Italian court released its explanation for her conviction in the death of former roommate Meredith Kercher. In the 300-page report, the Florence court said it made the decision in part because of evidence showing that more than one person killed the British student. The special airs at 10 p.m. ET.

Those are your five biggies for the day. Here are a couple of others that are brewing and have the Internet buzzing.

–Going to the dogs: This hound steals the show at a Western Oregon University softball game. Every team needs a rover, right? Or are we barking up the wrong tree on this one?

- Hey, you're cute: Courtney Friel, a reporter with CNN affiliate KTLA in Los Angeles, gets asked out on a date by a shirtless man during a live report.

- This cliff is just right: Mama and baby bear are out scaling the Santa Elena Canyon on the U.S.-Mexico border. Hold on tight.

- Baby booty bump: Let's make a rule right now. Moms should never twerk with a toddler in the room.

- What's the fuss about?: This little guy captivates the crowd with his impromptu goal at a Chelsea soccer match.

There you go. All you need to know to get an early start to your morning.
Be sure to tune in to "New Day," from 6 to 9 a.m. ET, join us at and go and have a GREAT NEW DAY!

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