water and fire retardant from the sky and very important to stop the fire. >> stephanie elam there, we appreciate it. i am brianna keilar. erin burnett "out front" starts right now. "out front" next, street fighter donald trump brings out a bare knuckles brawler, a new shakeup aimed at letting trump be trump. hillary clinton facing questions between alleged ties between clinton foundation donors and the state. ryan lochte, police are questioning his story tp did he make it all up? let's go out front. good evening, everyone. i'm kate bolduan in for erin burnett. breaking news. a major shake-up in the trump

campaign. kellyanne conway addressing the media and we'll bring you what she said to reporters in just a second. the surprising move by trump naming steve bannon stepping down from the conservative website bright bart news. bannon has a reputation to say the least a no holds barred, win at all cost street fighter. it's a sign that trump wants to get back to the style and hillary clinton taking note of the change today. >> i think it's fair to say that donald trump has shown us who he is. he can hire and fire anybody he wants from his campaign. there is no new donald trump. this is it. >> a word from team trump. nothing to see here in a memo to team trump's campaign from team trump's campaign chairman paul manafort. he calls it an exciting day for team trump, but you wonder how excited manafort really is consider the changes look like he's being turned aside.

sources tell cnn that trump has grown frustrated with manafort in the face of falling poll numbers and in the quinnipiac swing state poll, showing hillary clinton leading trump by ten points in colorado, 12 points in virginia and closer in iowa and a three-point gap there. i am joined by a panel and we begin with sara murray who is out front at trump headquarters. sara, what did kellyanne conway, the new trump campaign manager say a short time ago? >> reporter: one of the interesting things that she said is this does not mean that donald trump will not be focusing on substance in this turnaround. they still want him to turnaround the case on obamacare and they still want him to talk about national security, but in a key point kelly ann said it's time to remind the american public that this election is not a referendum on donald trump and there are going to be two candidates on the ballot and that gives you an inkling of just how hard they're going to start going after hillary

clinton and the question whether that will be enough to turn things around when donald trump's poll numbers aren't looking so great. >> i am who i am. it's me. i don't want to change. >> kiss the establishment and treaties good-bye. donald trump is unleashed. >> everyone talks about oh, are you going to pivot? i don't want to pivot. you have to be you. if you start pivoting you're not being honest with people. >> the gop nominee shaking up his campaign yet again, setting the stage for a political knife fight with hillary clinton. >> hillary clinton doesn't have that strength or stamina, believe me. she cannot win for you. >> reporter: trump bringing on stephen bannon, executive chairman of bright bart news as his new campaign ceo an elevating pollster and senior adviser kellyanne conway to campaign manager. the latest overhaul gives trump the run as a political outsider, unconstrained by advisers urging

him to be more pal at believe to the establishment. despite his battleground state poll number, a source tells cnn trump still believes he has a chance to win and if he loses he at least wants to run his campaign on his own terms. the shake-up puts trump in the circle of advisers, bannon, stern and ousted fox news chief roger ailes all known for their no-holds barred tactics and paul manafort. hillary clinton quickly seized on it as just another reset that won't make the candidate any more appetizing to voters. >> donald trump has shown us who he is. he can hire and fire anybody he wants from his campaign. they can make him read new words from a teleprompt er but he is still the same man who insults gold-star families, demeans women mocks people with disabilities and thinks he knows more about isis than our

generals. >> reporter: but the intrigue from trump tower overshadowing trump's security roundtable today and the message he hoped to drive home this week. >> i will be your champion. i will be your voice in the white house. we will bring it back. we will once again be a country of law and order. >> reporter: now today paul manafort sent a memo around to campaign staffers saying i'm not going anywhere, i'm still here and i'm helping with the long-term vision of the campaign. kellyanne was careful to say that the meetings were with the core four, it was her, steve bannon and paul manafort and rick gates. i asked her why they feel so bullish about donald trump's odds than the polling might suggest. she said it is only august. it is not october. there is still time to play the hillary clinton's unfavorables

and the percentage of voters that are looking for a changed election. kate? >> sara murray outside trump headquarters. thank you owe much. out front with me now, mark preston, executive editor for cnn politics. corey lewandowski trump's former campaign manager and karen mcmainy, basil smikle, a clinton supporter and cnn's bill mattingly, and she first broke the story of the campaign shake-up last night. monica, first to you. you not only broke the story. you spoke to donald trump about this shake-up. did he -- when he said that he wants that he's doing this because he wants to win, did he acknowledge he didn't think he could win with the existing team he had in place? >> i think that was implicit in his answer. here's what happened, i was getting signals and he was bringing on new people and he had to do something to remake the campaign in his image. he was feeling flat footed and

out of sorts because the structure was trying to put him in a mold. he wanted the structure to let him be the person he wants to be the candidate. so i could not go with the story until i got him on the phone to confirm it. so he was about to go on the stage last night. i got him on the phone and why are you doing another shake-up in 60 days, his answer plain and simple, i want to win. when he said that i think it was pretty clear he was afraid he would lose, but he would never say such a thing. >> he ak untilled it was a shake-up and you hear from trump supporters and they don't describe it that way. >> he doesn't say it was a shake-up and i said it was a shake-up. i called it a reset, whatever. what it is is a clear revision of paul manafort. if you don't say it's a refusal to do what paul manafort has tried to do which is to put him in a political package, it clearly is a revision because we

know the person he's bringing on as the ceo is a no holds barred kind of person and this is clearly a revision of what it is and it's more in keeping with the kind of candidate that donald trump wants to be and that's to be himself. >> what's old is new again when it comes to this campaign. mo monica, thank you very, very much. corey lewandowski. someone said let trump be trump. do you feel vindicated? >> no, i don't feel vindicated. >> don't be humble. >> trump has brought in people he's very comfortable with which allows donald trump to stay true to himself to tell the american people what he thinks and not be on a teleprompter all of the time and the speech had kellyanne conway's fingerprints all over it. it was much more concise. it was direct and explicit and outreaching to an audience that he had not done so, the african-american community specifically and what you will find is under the leadership of

stephen bannon and kellyanne conway and i think what you'll find in the places he's traveling to his travel will be very much limited to the five major states where he's starting to run his television ads this week because that's the primary focus of his campaign. that's my guess. >> no trips to connecticut? >> maybe next week. >> kayleigh, no more teleprompter trump. without teleprompter what we had sometimes with donald trump was that's what led to a fight with the gold-star family. that's what led to the fight with the federal judge with mexican heritage. is that the kind of trump that's going to win? >> i don't know that it's a way with the teleprompter forever. what i think this is is trump will not be made into something that he's not. he's going to be himself. they're not going to make him into a mannequin candidate like what you have with hillary clinton where every word is poll tested and out of her mouth. kellyanne conway, the reason this is such a good decision, two reasons. number one, she is someone who

knows conservatism. she worked for ronald reagan's pollster and mike pence and she knows how to shore up the space. not only that, she has staked her career in the republican party on bringing female voters into the fold. in terms of consolidating the base and in terms of females and this is the pick that can win this election. >> bringing in new voters and adding is the key here, lonnie. when you look at adding she's talking about kellyanne conway, but steve bannon, his website, bright bart news. readers of breitbart news, how does that add. >> the desire to go out and get more independent voters to get more for the general election and a move that seems to double down on the very base that donald trump already has and so there's i little bit of tension and it's not clear to me what the goal is because if the goal is to go out and reach independent voters then the message should be similar to the

message that trump gave in his speech which is that progressive policies have failed minority, but instead of that you give that message which is a lot of conservatives can get onboard. >> to an all-white crowd and it makes sense not to go to certain places in milwaukee. you hire the chief of breitbart. >> i agree with that. there is a dissidence, because this person via breitbart has been anti-muslim, anti-immigrant and has dismissed issues and when asked how he would handle donald trump's approach to the khan family said that he would be relentless in going after the khan family. to me, i don't see this as growth to me. this is donald trump saying you know what? i think we're 16, 17 republicans in the primary, why am i not winning now? this is an opportunity to try to i guess gain more comfort in his own circle, but the reality is

there's no growth there. i don't see him growing beyond what his own basis has said and republicans, conservatives or not because he's gone after republicans, as well. >> does this make it more or less likely that the republican party leaders -- >> does this make them happy? i think that kellyanne will be on the airplane and that steve bannon will be calling the shots day to day, but at this point, and given that there's been so much discussion about resetting and donald trump going in a different direction that he hasn't gone in that they would prefer. >> stand by. "out front" next, why this video tells you everything you need to know about the trump campaign's new ceo. we will explain. we did not roll the inconnerrec video. we will explain. did hillary clinton help a big donor to the clinton foundation.

breaking news, donald trump getting his first intelligence briefing today so why did he say this earlier today? >> do you trust intelligence? >> not so much from the people that have been doing it for our country. i mean, it's been catastrophic. mr. brady, we've been expecting you. will you be needing anything else? no. not a thing. beautyrest black. get your beautyrest.

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point of view. >> reporter: make no mistake. he's hungry for a battle. >> we need to have a fight in the republican party for the soul of the conservative movement. >> i agree with you. >> in announcing the hire. the campaign made clear what trump sees in steve bannon touting that the new campaign ceo has been dubbed the most dangerous political operative in america. bannon, former navy officer and goldman sachs banker may lack campaign experience, but he makes up for it with his media prowess. he's the chairman of the far right website breitbart and has made political films intended to sway the minds of on the fence voters? of all of the 50 governors in the united states, sitting at the desk is the most powerful and she wasn't afraid to use those powers. >> one of those boosted sarah palin. >> the mean that's out there is that governor palin is caribou barb barbie. she's a complete and total bimbo and an ideologuideologue. the imperical evidence in

alaska's governor is exactly the opposite. >> another tried to take down president obama before the 2012 election. >> you're angry because you were basically lied to. >> we're not even half way there yet. >> and i think disappointed because we thought there was going to be a change. everyone that voted for him thought there was going to be a change. >> at the time bannon told cnn the film was a way for disgruntled obama supporters to vent their frustrations. >> when you talk to them they feel the country is more divided than ever and in their lives they feel the economy is not going back. this is a film of the working class and middle class in this country. >> the same kind of popular rhetoric is a tape elf breitbart. hillary clinton has been popular. close behind, paul ryan, immigrants and the news media. >> these guys come to washington as country lawyers and they stay. their wives become lobbyists and their children, their in-laws. they turn the business of government into a family

business. >> it's no coincidence breitbart's site promote the book and film clinton cash. he co-founded the group that funded it, nor is it a coincidence trump has used clinton cash material on the campaign trail. now the two men's anti-clinton alliance is official. >> you have to understand how the clintons who -- who proclaim that they support all your values essentially have sold you out for money. >> if this is the political spectrum, breitbart is so far to the right it's almost off the screen. in fact, many conservative writers and commentators say don't call it conservative. it does not represent the gop. in 19 cases breitbart is an off-right site. some call it a nationalist. no matter what you call it, if you thought trump would seek out a more moderate voice to run his campaign, think again. >> thank you. my panel is back with me. also joining us this time, senior political commentator and

clinton supporter, sally cohn. you're the newest to the panel. one campaign source described it this way saying bannon will be digging up every coffin as it relates to hillary clinton. bannon, as brian stelter laid out very well, he has made hillary clinton enemy number one for his entire career. what works in campaigns is negative. >> yeah. although, to be honest, look, hillary clinton's numbers and her negatives have reached a ceiling and we saw the ceiling in the 2008 campaign. she hasn't gone much above that. >> how do you know -- >> because, she had a long campaign then and she had a longer campaign now and her numbers have not gotten higher. trump is newer to the public. he's newer to the political media and there's still digging to be done and he keeps opening his mouth and sticking his foot in it every single time. i'll be honest. the congressional investigations by republicans have been done by

benghazi and they can keep bringing it up until the cows come home. the difference is i'm happy today. we let trump be trump. his negatives keep going higher and higher and the american people keep hearing what he's saying and they don't like it. it will only get worse for him. good luck with that. >> a lot of people were saying, corey, i don't think we saw a toned down, demure donald trump in the last couple of weeks post-convention. so what's really going to be different now? >> the first mistake i didn't trademark let trump be truffle. i would be wealthy today. he is running as the fundamental change to washington, d.c. congressional approval is at 11% and the people who think she's honest is at 11%. we've seen it in the primary process and as you move to the general election processes, people aren't better off than they were four or eight years ago. people want fundamental change and the only person and the candidate in this race who has the ability to fundamentally change washington, d.c., and to

stop the continuation of lobbyists and special interests and all of the money that goes into these campaigns is donald trump. he self-funded his campaign through the primary and that is a message that the bernie sanders supporters fully embrace which is campaign finance reform so the millionaires and billionaires who are giving money to the george soros' of the world when they get office. >> i do think he was at a woody johnson fund-raiser in the hamptons when all of this came out. >> donald trump has put $60 million of his own money. >> wait, on the donor question, this is important. you speak to a lot of donors. donors care about who is running campaign maybe more than an average voter because they're putting big dollars into it. what do you think the response is? what are your sources saying? do they like this more than the trump campaign? >> robert mercer who is the biggest of big-money gop donors and $18 million, and this cycle is very close to steve bannon

and he's transferred on to the trump bandwagon and he's helping fund a super pac. so that's a positive if you're looking at people to donate, but if you're looking at establishment donors and what mark was saying in the last segment is what they were saying. i was talking to one seven-figure donor who sent me an e-mail and said this is like all of the writers of "house of cards" got into a room and wrote the most absurd script with the sense that it would never see the light of day except this is real life. so i think, look, it's a small segment of donors. that's not necessarily his target and if you're looking at big establishment donors and big money that donald trump does need thshgs is not helpful at all. >> but to corey's point, when you're talking about money and you're talking about how much money donald trump's put into it. he's running as an outsider. that is when what, when you look at the polls, voters like that. they have been lookin for that and that's helped him. >> it's helped him among the

support that he has already, but where has it grown to? >> if you look at hillary clinton, she had more votes than anyone else running in this race. number one. number two, if you look at the type of support, the diversity of support i don't see that with donald trump. she's expanding her base and i don't see that with donald trump whatsoever. to me, what good is the money going to do for him? he's not interested in opening up offices. he's not interested in being constrained. he is interested in talking out of his own head as he has always been doing and as is proven by the two hires that he's got and we're not going to see anything different except, what i think is you'll see a doubling down of all of the negativity that we've already seen and to me there's no leadership there. >> they've been wrong about everything and it's worth mentioning that. just two months ago the trump campaign was in dire straits and there was no way he could catch up and raise money. last month we see he raised more than $80 million off of smoel donations and something republican candidates have never been able to do. the punditry was off again

during the primary and he can't win unless he runs a $100 million like jeb bush and ted cruz. he defied the odds and if he stays on message and can deliver the message of economic security and terrorism security, security from terrorism, i should say -- >> isn't that what paul manafort tried to do? tried to get him to stay on message. >> the bannon hire was an odd one and here is donald trump's message staying between donald trump and kellyanne conway and not being a rehearsed candidate and in the middle of those two poll, let trump be trump and also stay on message is exactly the trump that can win this election. >> what's the message, though? the message is more torture. why aren't we using nuclear weapons. that's the message. half-hearted outreach to african-american communities. that's the message. >> that's the leftist -- >> the message is 33,000 people died because of isis and that

can't happen. the message is -- >> hold on! hold on! >> president obama as the founder of isis. >> both candidates want to get rid of isis. one candidate is listening to generals and the other said i know more than the generals and isis. >> that's the message. >> i'm sorry -- [ indiscernible ] >> donald trump has a message. america first, make america great again. hillary clinton's message is donald trump doesn't have the right temperament. >> he's not going to make america great again and let me be clear on this, this is a man who you're saying is running as an outsider. he's a billionaire. i agree with corey is getting billionaires out of politics. >> he's the guy who says -- what is hillary clinton's message. >> wages are too high. >> what is hillary clinton's message? [ indiscernible ] >> we will continue after the break. out front next, hillary clinton facing questions about alleged ties between clinton foundation donors and the state department.

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breaking news, donald trump wrapping up his first classified intelligence briefing. lieutenant general michael flinn who just attended that briefing spoke to reporters moments ago. >> excuse me, general, can you let us know how the briefing was today? >> how was the briefing today? >> the briefings were very professional. >> there you have it. trump has never had access to classified national security information before and it's likely just the first of several briefings, but access to the meetings has become a lightning rod in and of itself for both trump and hillary clinton. barbara starr is out front. >> reporter: it's the trump tower version of a potential white house cabinet meeting. the key optic, donald trump in the same position as a president surrounded by national security-y weights including former new york mayor rudy giuliani and next to trump, retired lieutenant general michael flinn, a key adviser. one attendee, congressman petr

king answering the criticism that trump has no foreign policy experience. >> he has as much as barack obama had in 2008. >> reporter: soon after, another chance to appear presidential. trump headed to the fbi's new york office for his long-planned classified intelligence briefing from the obama administration. flinn, a decades-long intelligence officer now adamantly anti-obama was also there. even before hearing the classified information trump was asked if he trusts u.s. intelligence. >> not so much from the people that have been doing it for our country. i mean, look what's happened over the last ten years. look what's happened over the years. it's been catastrophic. >> the plan to brief presidential candidates isn't new, but this year it is different says former cia officer and briefer david price.

>> you have a candidate who seems to say what he thinks without a filter and the fbi director has called out publicly to give out classified information. we've never had a briefing like this before. >> the threats like isis, but don't include covert action details, the so-called crown jewels of intelligence. >> donald trump will present a challenge to a briefer, but a challenge that most briefers that i worked with back in the day that have relished and here is a way to get a message through to somebody who appears to take information differently than many other people. >> lots of controversy this year about both trump and clinton and a lot of talk about can anybody keep a secret, can keep classified information classified these days, but clinton also getting the same, exact briefing and the intelligence community, you know, has been doing these briefings for candidates for many years. the idea is to start getting them up-to-date when they are

candidates so after election day a president-elect is further down the road in being ready to govern. kate? >> barbara, great to see you. thank you so much. the panel is back here with me. let me ask you this, mark preston. tut pit it in context right now when you look at polls on the question who can best handle terrorism and who is best to take on isis and who do you trust to have nuclear codes? it goes up and down. hillary is up and trump's up and it goes on what specific issue and how you ask this specific question whether it's terror imor economic security. when we talk about terrorism as a whole or protecting the homeland it does go beyond going after isis and going into syria or what have you. here is the problem for donald trump at this point in the campaign which can be rectified, but you know, days are falling short now, is that you are having republicans come out and sign letters wor national security experts who you agree with them or not, who are being

critical of donald trump at a time when he needs to continue to try to unite the party. that is problematic. we don't see that on the democratic side as much. so you know, who has prepared the most? if you were to look at a resume, of course, you would say hillary clinton just based upon what the resume is that doesn't mean she would make the right decisions, that's that, but donald trump does need to do more to unify the party. >> and the clinton campaign thinks this is his biggest area of weakness and look no further than what she said on the stump every day and the ads that they're putting on the air, but if you look at today the optics were pretty good. he has his first intelligence briefing and he held what looked like a pretty presidential roundtable with national security experts. >> with seated quite perfectly in the center as all of these top advisers and this was an important day for donald trump. this is at the core of the clinton campaign's argument. delegitimize donald trump and they're cognizant of the fact

that when it comes to isis and there is uneasiness in the country and if you looked at the polls, donald trump has held an advantage when it comes to how to deal with isis and therefore the clinton has decided we will attack that head-on and try and paint him as someone you could never trust to be in the oval office and that is their way to hit him on that. what donald trump is doing is fighting back on that right now ask trying to go on offense and trying to show that he is not only presidential and not only has the ability to handle these ideas and is as forceful with what he says on the stump as he would be in the oval office and that's an important message for the campaign. >> what also might not make people feel better, is what he said this morning. do you trust intelligence and he says not so much. >> i think what you have to look at who is briefing mr. trump right now. you have general flynn and general kellogg, and the house intelligence committee and people that have a deep and thorough understanding of the situation now which is what the country faces right now, those are the people that he's brought

in to listen to including senator jeff sessions and admiral cubic. people who are on the front lines and not what the intelligence community are briefing him in the classified briefings and also the declassified and they can have the conversations to make sure he understands what is taking place. it's a very important thing. >> can i say this, though? >> getting an intelligence briefing doesn't mean that the man knows what to do with the information once he gets it and regardless of the number of people that are sitting next to him, he has been very clear that he only listens to himself. so what difference does it make who is sitting around him? the fact is he is going to double down on the messaging that he's shown us thus far and that's where i think it's scary and i say this to people all of the time. it is so important for whom you vote in any election because he is the leader of a national party and getting these kinds of intelligence briefings and as was mentioned earlier, you have republican after republican most of them foreign policy or security experts saying they actually don't trust this man to

be getting this kind -- >> hold on. you have to remember there's only been one candidate in this race who has breached national security issues and that's hillary clinton. >> breached? >> absolutely. there were e-mails that were marked classified or not and maybe her eyesight wasn't working at the time -- >> five e-mails -- [ indiscernible ] >> we will dive into the conspiracy theories in the commercial break. in the meantime, you don't want to miss this. cnn's live town hall tonight with the green party candidates and that is coming up at 9:00 eastern. also "out front" next, did hillary clinton use her influence as secretary of state to benefit a donor of the clinton foundation and questioning american swimmer ryan lochte's story about being robbed at gun point. i'm still confused by this. did he make it up? we'll figure it out.

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hillary clinton on the attack tonight criticizing trump about his economic plan, but clinton is also facing new questions about whether she misused her influence as secretary of state to benefit a big donor with the clinton foundation. suzanne malveaux is "out front."

>> reporter: hillary clinton in the critical battleground state of ohio today touting her economic plan and pressuring donald trump again to release his tax returns. >> unlike everybody else who has run for president in the last four or five decades, he refuses to release his tax returns. >> but now, new questions about the clinton's foundation, whether hillary clinton used her influence as secretary of state along with her husband bill clinton to help a big donor who supported both their political campaigns as well as their foundation get a coveted land deal with the state department. it was in 2011 when the state department began searching for a new location for its consulate in lagos, nigeria. two years later a state department e-mail reveals they're interested in purchasing property at echo atlantic owned by the chagoury group, robert and gilbert chagoury. it is one of a number of sites the department was looking at. federal records show chagoury

had donated up to $9 million to the clinton foundation. it was in the mid-'90s when he rewarded chagoury, a big donor, with a white house dinner and a meeting with high-ranking officials. bill clinton visited the echo atlantic site twice, including one month after hillary clinton stepped down as secretary of state. weeks later, the state department sent this letter to the chagoury firm saying this letter acknowledges that the united states of america is potentially interested in acquiring an interest in such real property pending further study. the conservative advocacy group citizens united suspecting undue influence sued, stating a month after bill clinton visits a gilbert and ronald chagoury-run land project in nigeria the u.s. state department wants to buy the same land. who could be so lucky? a major donor to the clinton foundation. that's who. the state department denies that

there was any special consideration of the land deal. >> the eco-atlantic site was identified by an independent international real estate firm in 2012. >> the land deal never went through, but an editorial in the boston globe tuesday calls on hillary clinton to shut down the foundation if she becomes president. >> suzanne malveaux joins me now. suzanne, is the clinton campaign responding to this? >> they are. brian fallon responded today a very sharply-worded statement and i'll read it in part. he says citizens united is a right-wing group has been attacking the clivents since the '90s and is trying to make something out of nothing and hillary clinton had left the administration before the state department expressed interest and that the deal had not been through, but you should know that this is not the first time that the chagoury group has been investigated regarding their ties and influence with the clintons. >> the questions aren't going to go away any time soon.

suzanne, thank you. out front next, did swimmer ryan lochte make up that story about being robbed at gun point in rio in this surveillance video is raising new questions tonight and an arab-american killed by a neighbor under a restraining order. did the system fail him? looks right to me. shouldn't it be clear- clearly... it is time to get a great deal and a reward card on this turbocharged jetta. gotta make room for the 2017 models. it is a clarence event. why is that so hard for people to understand? it seems clar to me. clear to me. ready for a test drive? whatever you want to call it, don't miss the volkswagen model year end event. hurry in for a $1,000 volkswagen reward card and 0% apr on a new 2016 jetta. was always on my mind. so i asked a dermatologist about aczone dapsone gel 7.5%. i apply it once a day, any time. aczone gel 7.5% is fda approved for the topical treatment of acne

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point in rio. a judge asked his passport be seized. it shows lochte and a fellow american swimmer was joking around behavior inconsistent with someone who had a gun pointed at his head. lochte described the harrowing experience to nbc. >> they told the other swimmers to get down on the ground. they got down on the ground. i refused and i was, like, we didn't do anything wrong. so i'm not getting down on the ground, and then the guy pulled out his gun. he cocked it and put it to my forehead and he said get down and i put my hands up and i was, like, whatever. >> rio police said they found little evidence to support lochte's account. out front now cnn sports analyst christine brennan and she's been following the story and she's in rio tonight. it's pretty amazing and kind of confusing. bottom line do authorities think that lochte and the other swimmers made this up? >> reporter: well, that's what the judge is asking. she is saying that she wants

both ryan lockte toe stay in the country. of course, he's already gone and jimmy feigen, the other u.s. swimmer wants them to stay in the country until she gets the answers about whether or not what they said is true and others are asking that same question. what happened that night? it is such a big deal in brazil if ryan lochte had a gun to his head that is an amazing story. it's now over three days, close to four days old and these questions remain, and i think that's the key question. did ryan lochte make this up? >> as you mentioned, lochte is back in the united states. what are you hearing? what can they do about it now? >> there's not a lot that they can do, kate, in terms of any kind kind of legal action against ryan lochte and he is in the u.s. and no way he could be coming back here and i think the potential damage to him is in his earning power, his reputation. if he did, in fact, make this up and do i think we'll get to the

bottom of this and like any other story these things do have a way of coming out and we'll find out what's true and what is not and if ryan lochte made this story up in this turbulent time with so many people on edge about the crime situation in brazil, oh, my goodness, that would be just a terrible thing for him to have done, first of all, and secondly, as far as earning potential and sponsors. they won't want to be anywhere near him if it turns out that he did make this up. >> and this whole impact there on athletes there? everyone's talking about it. >> reporter: there are two parts to this. first of all, when the news hit i wrote a column right away saying now we have the games on edge. all of the good things that had been happening and the water turned green in a couple of the pools, but other than that rio had pretty much gone through the first week unscathed and then this happened over the weekend and so i think it had everyone saying my goodness, is all of the bad stuff coming true now? are we going to see our worst nightmares in rio realized if a

gun had been put to a swimmer's head and now everyone is stepping back and saying whoa, is this true or not? if not, how terrible for the brazilians if it's not true and i think athletes are probably going back to acting the way they were before. >> amazing no matter what. christine brennan, great to see you, christine. >> "out front" next, a man allegedly shoots and kills his next-door neighbor, a man he called a dirty arab for years. why are officials still not calling this then a hate crime? of a trip to athens, greece.

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>> tonight, was it a hate crime? the family of an arab-american man, and the neighbor called him horrible thicks like dirty arab. the testimony famed the family. brynn gingras is out front. >> reporter: a tulsa family is asking what more could they have done after khaled jabara was gunned down on his doorstep by a neighbor. >> i feel that in our situation the system it just broke down. >> that neighbor, vernon major his a history of harassing the jabara family calling them filthy lebanese and dirty arabs and they're lebanese of christian descent. to protect themselves the family obtained two restraining orders. >> there were racial slurs. >> majors allegedly ran over

khaled's mother with his car seriously injuring her. he was arrested and spent eight months in jail after two judges denied him bail, but in may a third judge, allowed him to be released, a decision district attorney says his office fought. >> you have someone that ran down someone intentionally and that's pretty severe conduct and i don't want need amrply prior y and this action represents violent conduct toward another human being. >> we did constantly communicate with the d.a. and we told them after he was released, this is not going to be good. i fear that something is going to happen. >> reporter: majors has a history of making threats. in 2012 he was convicted of criminal threats and assault with a deadly weapon after an incident in california. on friday the jabaras khaled received a warning that majors had a gun and he called 911. police have not released that

call, but tell cnn khaled did not tell dispatchers majors was armed. the responding officers left when no one answered the door. a short time later khaled was on the phone with his mother warning her about majors when he was shot multiple times. >> we lost our brother. my only brother, and, like, that's -- i don't know. it's unspeakable. >> the family says they did everything they could legally do to protect themselves and that still wasn't enough. >> we will reevaluate everything top to bottom and say is there a better way to do this? i'm not here to say that it would have changed anything. >> reporter: and the family says that they did everything. the d.a. admits they did everything, as well. so when i sat down with the family i asked them what would you tell a family who was in a similar situation and they quickly answered, move. unfortunately, in this particular case the family says they couldn't move because khaled's father is very ill and it just wasn't possible, kate. >> just horrible.

brynn, thank you very much. thank you all so much for joining us tonight. you can watch erin burnett any time anywhere on cnn go. "ac 360" starts right now. ♪ ♪ good evening. thanks for joining us. you picked quite a night. down there behind me we are getting ready for another cnn town hall and this time for the green party presidential ticket. many do not like the major party choices they have and some are leaning toward the green ticket and plenty still have questions and they and you will have a chance to hear answers from the candidate jillstein and her running mate ajamu baraka with chris cuomo hosting at the top of the hour. we begin with plenty of news with what the trump campaign explicitly says is not a shake-up and not an overhaul and no big deal at all. whatever you call it, there is a new and aggressive chief executive onboard with a commitment to letting trump be trump. this is coming after a rough