NEW YORK (AP):

Donald Sterling and the National Basketball Association are headed toward a hearing that will determine if he remains owner of the Los Angeles Clippers.

Sterling met a deadline yesterday to respond to the NBA's attempt to oust him over his racist comments. He argued that there is no basis for stripping him of his team because his statements were illegally recorded "during an inflamed lovers' quarrel in which he was clearly distraught."

His estranged wife, Shelly Sterling, may find a buyer for the team before any hearing takes place.

The Sterlings were part combative, part cooperative on Tuesday, with Donald Sterling fighting to keep his team even as his wife said he had authorised her to sell it.

He didn't seem willing to give it up, at least not without a fight, in his passionate response.

"We do not believe a court in the United States of America will enforce the draconian penalties imposed on Mr Sterling in these circumstances, and indeed, we believe that preservation of Mr Sterling's constitutional rights requires that these sham proceedings be terminated in Mr Sterling's favour," the response said.

illegal recording

According to the response, a copy of which was obtained by The Associated Press, Sterling says V Stiviano recorded him without his knowledge and thus the recording was illegal under California law.

The NBA said Sterling is in violation because his racist comments were harmful to the league and its business partners, including the players. Sterling's response argues that because his comments came in the privacy of his girlfriend's living room he cannot be considered "taking a position" that damaged the NBA, as required under the league constitution.

"A jealous rant to a lover never intended to be published cannot offend the NBA rules," Sterling said in the document, which was first reported by USA Today.