and i mean a lot of mail. the restaurant owner happened to be on the watching it. she was fired and could be facing federal charges but apparently they went into the dumpster and pulled out all the mail and send it on its way to its proper recipient 99 rain nor snow nor sleet will prevent us from carrying out our rounds unless we really don't feel like it. by everybody, see you later. jon: jenna: rating members in the race for the white house concerning politically watched dates and the all-important electoral vote. welcome to "happening now", i'm jenna lee. jon: i'm jon scott. donald trump campaigning in north carolina. hillary clinton in new york for a meeting with law enforcement leaders. this as we get a new look at the political landscape

across the country with a quinnipiac poll in key states showing hillary clinton in the lead and all of them. she's ahead of donald trump in colorado by 10 points. itis closer in iowa where it leads trump 7 to 44 percent and in virginia she is ahead by 12 points . 5238 percent, a 12 point spread for hillary clinton. this as the university of virginia center for politics crystal ball math shows that for the first time lori clinton has racked up more than the 270 electoral votes candidate needs in order to win the white house. when you factor in the states that are safely in her column and those that are skewing likely democratic, and if you add the states that are leaving democrats, her electoral vote total swells 348. donald trump though does have some pickup opportunities. your to break down these numbers for us the man with the crystal ball, larry seminole, director for the center of politics at the university of virginia.

important to remind everybody this is a snapshot in time. you say that just about every time you are on our air but if the election were held today it would be a hillary clinton wrong? >> it would be, i don't think there's any question about that. 348electoral votes for clinton ,194 trump . i've got to say before i get the thousand year to and emails that trump people, do not believe the holes, they think they are all spewed, they do not believe the pundits and this is particularly outrageous john, they do not believe the actors, i need to tell you that. that's included in the group so we are all in together. but that is how we see it based on not just pulling but also demographics, you have to look at how the boat has changed in each individual state, even over the last four years. jon: but there are some pickup opportunities for donald trump. of the states that are safe leaning toward hillary clinton, there are some that could easily go to trump, right? >> absolutely.

the two biggest our florida which is still close, pulling averages had just a few points, four or five points spread and north carolina which romney did win. obama won in 2008, romney won in 2012, i think trump is absolutely at a minimum security north carolina in order to win but florida, north carolina and i would add to other swingstates that don't get much attention , iowa because the voting public in iowa is perfectly attuned to what trump attracts, that is there are a lot of blue-collar white workers in iowa, it is a heavily white state, over 90 percent white so i think iowa is very very close and also nevada because despite the large hispanic book there, the trump name is well-known because of businesses and investments i would say iowa and nevada added to florida

and north carolina would be huge goals. jon: if you do that, if you give trump for the sake of argument those four states, florida, iowa, nevada north carolina, does that make it a closer race in the electoral college? >> it makes it closer. he would still have to gain more. he would have to carry everything that mitt romney carried in 2012 and he would have to win some big states like ohio and pennsylvania. jon: at the same time hillary clinton doing well in a couple of states that traditionally have voted republican, states like georgia and arizona, if those go to her column is his? >> yes. the goose would be cooked area i don't know what we are smelling right now, maybe it's a cake making but the goose would be cooked if

arizona and georgia went to clinton and those are the two we are watching for her. those are her best chances to expand recurrent coalition. right now, this is interesting to me, the pulling averages are exactly tied. you rarely see down to the decimal point at high in georgia and arizona or at least they were yesterday, they're essentially a time. you can't really call them. we have left them in trump's camp simply because inertia has nothing to do with voting and it's tough to get estate to break its voting patterns. georgia has been pretty consistently republican. once they voted for bill clinton in a split racing following ross perot and arizona also voted for bill clinton once in a split racing following ross perot. other than that they been pretty consistently republican in the modern age and all i would expect them to continue unless clinton continues to expand her lead. jon: i know you are a holes and numbers god, not so much maybe an advertising guy and

i brought this up before on our air and viewers might be tired of hearing me mention it but donald trump has not started advertising yet. he has a big ad buy in four of the battleground states that starts tomorrow on television. is that potentially, in your opinion, in your experience is that potentially enough to make the difference? >> i don't think it's enough but i think it's a requirements, i think it's an essential element of turning around, it's not sufficient. you are going to have to have good debate performances. you're going to have to have somewhat. what lace a big role in who campaigns and who ends up winning but yes, everybody's been waiting for this advertising and as you say it's supposed to start tomorrow and i'm going to get up early to see those at area . jon: as you pointed out needs to win the state that mitt romney one and then some and trump has been critical of the campaign that mitt romney waged four years ago.

>> yes and to tell you the truth as trump has admitted he's having trouble in some of those romney states like one you would never have imagined, utah. utah is a 70 percent republican state and in the end, trump will carry it, at least that's what i think, he will end up winning but he's not going to end up winning by the kind of margin republicans normally went by, the same in kansas. he's going to win kansas but the percentage will be lower, same in south carolina. jon: what matters is you point out is the electoral college. larry sounded so at the university of virginia, thank you. jenna: a fox news alert, conflicting reports out of brazil about the story that members of the us swim team told police in rio about an alleged robbery.authorities reportedly have surveillance video from where that incident took place. this comes after two swimmers, they were yanked

from the homebound flight. authorities say jack conger and gunnar bentz will not be allowed to leave brazil unless they provide testimony about their story of being robbed at gunpoint. a judge had ordered the passports of the swimmers sees after police found the details of their story simply didn't add up. again, record according to reports but ryan lofty had already returned to the united states and his lawyer says he has no plans to return to brazil. a fourth swimmer remains in rio as well. he is said to be cooperating with investigators. it's a fast-moving story, that's the truth. steve kerrigan joins us from rio with the latest developments there. where do things stand as of right now? >> jenna, as of right now things stand with you extremely two different stories. on the one at hand you have four american olympic swimmers, one of whom a six-time gold medalist is claiming before were robbed at gunpoint in the early morning hours of sunday.

now we are hearing a different story from brazil police. they told local media here that what happened was not a robbery but instead a fight. they say for drunken americans trashed a gas station bathroom. they destroyed the door of the bathroom and the toilet and they tried to leave before police could arrive. a security guard at the gas station held them at gunpoint until they paid money for the damages so to radically different story. we could be getting clarification from the police side at a press conference in three hours time. they have found the taxi driver, claimed to have surveillancefootage from the gas station.keep in mind the stakes are high. if accused of giving a false police report in brazilthe swimmers , three of whom are still in brazil are not allowed to leave . they could be facing possible jail terms of three years.

jenna: were going to be talking about that with our legal panel coming up. i'm curious what the news is like inside brazil. this is one of the top stories. what is like in brazil? how big a deal is it among the locals, what you see? >> i think unfortunately the mood here is this has taken over the headlines. a crime incident in the we hours of sunday morning is what people are talking about instead of the game and it's not just this incentive, it's been a series of crimes of actual crimes, verified crimes. you have a member of the australian team being held up last night, taken to an atm for $1000. a member of the great britain team also being held at gunpoint so you have athletes going out at night celebrating, often in their team gear and being robbed one after the other. is this another embarrassment for brazil or will this be a backlash from brazil against the americans for all the bad press these olympics are getting? jenna: you showed the footage of people getting robbed during your coverage in rio. it was shocking to watch. you point out some real crimes happening but where

wondering whether or not this is one. we will continue to follow your reporting in rio and in the meantime how big of a deal is this for the american swimmers? steve face up to three years in prison and ryan lochte is back in the united states. our legal panel is coming up and they will tell us. could these swimmers actually face jail time because of this? it's going to be important to find out, we will cover all that later this hour. jon: the deadly flooding disaster unfolding in louisiana could be getting worse with a new round of evacuations today and word the state could be facing its biggest housing crisis since hurricane katrina. we all live with more on that. plus, a ferocious wildfire raging out of control in california and new fears

today that many of the families forced out of their homes by the fast-moving flames will come home to nothing. why crews are having such a tough time battling this particular inferno. and in the second hour of "happening now" we will be speaking with three prominent cancer doctors to discuss the many recent breakthroughs in cancer treatment. it touches a lot of people. we want to hear from you. have you been personally affected by cancer? you have questions for our doctors? our live chat up and running, go to foxnews.com/happeningnow to join the conversation.

jon: fox news alert on two major weather stories we are following. dangerous wildfires out west and the deadly flooding in the deep south. we begin in california where a ferocious wildfire is wallowing homes as it races across nearly 50 square miles of mountain and desert areas east of los angeles. officials there's a decided damage is devastating and the flames spread with an intensity crews they they have never before seen. now louisiana, where the rising waters are causing a new round of evacuations and the damage across the state is staggering. with word louisiana could be looking at its biggest housing crisis since hurricane katrina.

as we learn the deadly flooding damaged some 40,000 homes. we have team fox coverage, meteorologist maria molina live in the extreme weather center with the latest on the wildfire fight but we start with casey siegel in denham springs louisiana. casey? >> john, one homeowner put it like this. imagine having to pull every single thing out of your home and then ripping everything else. the carpeting, the drywall, terry to the studs, completely starting over. thousands and thousands of people are in the middle of doing just that as we speak across this state. today we are east of baton rouge in the community of denham springs and look at these before and after aerial shots of the community provided by noaa. it's estimated 90 percent of the homes and businesses here have been damaged and boy, do

these pictures really put it all into perspective i can tell you there is a sense of profound sadness when you see and when you talk to the folks who call louisiana home. >> i'm getting couple for myself, i knew some people that might need some, some relatives, just like anything else you can go with it and write it out and see how it goes. reporter: water still slowly rising to the south of here and a handful of new evacuations have been ordered by bayous, rivers and other waterways inundated with water and today the state fire marshal will be going door-to-door here in that instant parish searching for any more victims, officials fear the number of dead could go off as a result of what they are calling the secondary searches. although the fema director has already been here and today the secretary for the department of homeland security , jay johnson will be on the ground, we have talked to a lot of people.

there are editorials in local newspapers here saying that they wish president obama would draw some more attention to what's happening here and schedule a visit to louisiana. while he continues to vacation. john? jon: casey siegel in louisiana, that before and after you have on the screen is unbelievable. an aerial view of what that has to louisiana looks like before the inches and inches of rain and then down below the footage, the picture of after is absolutely incredible, and if only they had some of that rain in california, casey, thank you. jenna: coverage of the severe weather story we are following continues with maria molina who joins us at the fox weather center. reporter: one of the reasons why it hasn't received that much attention in the louisiana, that devastating flooding is because wasn't a

hurricane, wasn't a storm system that produced that devastation, it was just an upper-level low tapping into a lot of trouble moisture from the gulf of mexico and that's what produced a historic and devastating flooding across portions of louisiana with some areas but not more than two feet of rain and the solid front that's been laboring out here and continuing to produce very unsettled conditions with showers and thunderstorms is bill drake across portions of texas so some showers moving into portions of louisiana here and you can see on the radar but if it's any consolation we do anticipate that any additional rainfall should be on the relatively light side, maybe a couple of inches here or there are possible across louisiana but the heaviest rain will stay focused further west across areas in texas south of dallas, across portions of san antonio and austin and heavier rain as well if you had further north across portions of arkansas, tennessee and portions of the great lakes so we continue to see those advisories in effect out there across portions of louisiana because of ongoing flooding and river levels are going to take time

to receive so we do anticipate that river to stay at flood stage out there and while out west where we really need the rainfall we have a number of raging wildfires out here across california and even extending across the rockies and further north and west across parts of oregon and washington state and definitions out here are forecast to stay dry, you have very low humidity, drought conditions in places in many of these areas and also some gusty winds so that keeping the fire danger elevated and a number of red flag warnings and fire weather watch is in effect from california all the way up to washington state and take a look at the forecast over the next several days into the weekend where we are expecting dry conditions to stay in place, temperatures and another big story out there, there are record levels across portions of the pacific northwest, 80 degrees for you in seattle but other spots out there could see temperatures climbing into the 90s. 96 for you over in reno so another torture across parts of the midwest. meanwhile across court of the northern plains severe

weather possible today and even a tornado threat elevated across parts of south dakota and minnesota. jenna: a lot even island, thank you very much. jon: coming up an exclusive and disturbing report shedding light on iran's involvement in syria. in what was until recently a secret war. plus, he admits the situation isn't optimal but that's not stopping former cia operative evan mcmullen from fighting to get his name on the presidential ballot in all 50 states. we will ask him about that as well as his general election strategy next. >>

jenna: with hillary clinton and donald trump getting high on favorable ratings, more voters are giving third-party candidates a closer look including evan mcmullen who announced his talent candidacy earlier this month. the independent candidate has his work cut out for him since the deadline has passed to get on the ballot for more than half the states but mcmullen is confident his message along with help from his team of advisors and lawyers can clear that hurdle. the candidate is a former cia operative with a focus on counterterrorism in the middle east spending more than a decade in the elite clandestine service. mcmullen has an mba from the university of pennsylvania school of business. donald trump also went there. he's recently spent time as an anchor for goldman sachs before becoming an advisor to the committee on foreign affairs in congress joining me now, and mcmullen, independent candidate for resident. we get to know a little bit more than just that, you spent some time in brazil. we are talking about so much about the olympics, tell us about that . >> i did it to your mormon mission in brazil after high school and before i started

college in a serious way. i learned a lot about the culture there, spent time working with people there. jenna: you speak fluent portuguese? >> it's rough so i have to be careful how i characterize it. i went back to brazil and was horrified by how rough it had become but after 10 days it was sounding much better. jenna: i will quiz you on that. >> it's a beautiful language. jenna: i certainly think it is. i was curious about something else we learn about you that you are a volunteer refugee resettlement officer in jordan and you did that through the un. tell us about that experience as well i was responsible as a volunteer, not a full-time basis for vetting the refugees and determining whether they met the qualifications to be considered officiallyrefugees and whether they were appropriate for resettlement in europe and even the united states and elsewhere . jenna: when wasthat?

>> that was in 2001 . jenna: what an interesting time to do that before so much of people in the middle east. what did that experience tell you or teach you about the refugee policy in general? how do you apply that now when you are speaking about some of the obstacles and challenges our country is facing? >> it taught me a number of things. one of the things was about the process refugees go through when they are being taken from where they are and resettled in safer places . in the case of the united states, if you are refugee and you come from the us it's going to take you a year and a half to two years, it's painful because they just have barely enough to survive on. they are trying to feed their families while waiting for this process to go forward so it takes a long time if you are refugee to get to the united states. you are checked by the intelligence agencies, state department, law enforcement agencies, interviewed multiple times by the un and it's just so much.

there's a big process in play. you can always make it stronger and i'm an advocate for that as well but there's a lot of misunderstanding about what the process is. jenna: being that you spent some time in that part of the world i'm curious about what you think about our policies there in general. the president five years ago resident assad must go and here we are. there's so much more still in that region. let's talk about serious specifically. what you think we need you there? what would president mcmullen do when it comes to syria? x first of all, if i said something, if i drew a red line, that line would be enforced and president obama made a terrible mistake when he drew a red line around assad's chemical attack around civilians and didn't back it up. what i learned in the cia, one of the things i learned is dictators look for clues from world leaders in the free world around what they will do to stop or not stop and in the case of a dictator like assad, for him to see that president obama didn't back up that line, gave him

the green light to continue attacks on syrian civilians which has resulted in this massive refugee crisis which has put all kinds of pressure on europe and on civil liberties in theunited states, all these things are connected so if you are president of the united states you got to understand that . jenna: is repairable and what would we do? >> it is repairable but with every day and week that goes by when our strategy against isis is nonexistent or our commitment at the presidential level isn't serious to defeating isis, it gets harder and harder but the simple fact is this is a massive security threat to the united states and to the world. it's the biggest humanitarian disaster since world war ii. we as a collective, the international community must respond and the leadership must come from the united states.

where the only country that can provide it. i have specific things i would do. one of things as we got to be more serious about taking the fight to isis and we are not serious about it right now. we're not doing enough airstrikes and providing enough support our friends on the ground. we are doing some of that but not nearly enough. is it obama has promised so many things that he doesn't follow through. we got to be serious about taking the fight to isis. we got to limit the power of assad and change the dynamic on the battlefield we can negotiate more effectively his departure. he has nothing to fear right now because we are not credibly opposing him. once we change that dynamic and we can, then i believe we can negotiate his departure. jenna: i have to ask you a quick final question about one of your opponents. because of your time and intelligence gathering, donald trump was asked pacifically about how he feels about intelligence gathering. let's listen to what he had to say earlier this week. trust intelligence? >> not so much from the people that have been doing it for our country. look what happened over the last 10 years. it's been catastrophic.

jenna: what's your reaction to that? >> i would say that donald trump has zero credibility left on anything. he is, his campaign is a train wreck. he's a weak man. he's a weak candidate. the truth is that that intelligence isn't always correct and anyone who has experience with it understands that. you're connecting dots that are incomplete area you're looking for information that is trying to be concealed from you. these are the challenges of intelligence and the president understand that but the reality is our intelligence services and our special forces and military have been tremendously successful at stopping somany attacks against this country and preventing all kinds of threats from reaching our homeland over , since 9/11 certainly and we need to honor their service and works to leverage what they bring to the table. jenna: we will have you back to talk about your leadership experience and the way forward in all these other regions of the world but nice to have you on set with us and we wish you the best of what. we are following your journey.

john? the one you heard some criticisms of the trump campaign. will changes to that campaign give the republican ticket shot in the arm? we have a political panel coming up including a guest says the fundamentals of the race still favor donald trump but the bombshell report fueling accusations that the obama administration paid ransom for hostages. >> real cheese people,

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more poverty, more crime and basically just more of the same. the future she offers is the most pessimistic thing i can possibly imagine . it's time for a different future. >> that donald trump earlier this week turning to a teleprompter in wisconsin as he went on the attack against hillary clinton. that's becoming hours before the gop nominee announced a shakeup of his campaign's leadership prompting some to wonder, could this be the beginningof the turnaround for donald trump ? let's take a closer look at it with our political panel today, joe trippi's former manager of howard dean's presidential campaign and fox news contributor. molly hemingway's senior editor of the federalist. welcome to both of you. good to be with you. jon: molly, how would you

assess the two people that donald trump brought into the campaign. what does it mean? is it a shakeup, is a tuneup, what you call it? >> it's interesting not just that the shakeup happened at this point, it's interesting who he brought in. they're very different people. kelly and conway is a professional. she has experience running campaigns if not at the presidential level and steve bannon on the other hand is differently viewed. he's widely disliked in republican parties, he does not have political experience and he represents that doubling down or trickling down of the typical trump approach which hasn't really carried him that far thus far. jon: but they are people who have known donald trump for quite a while joe. apparently this is a man who appreciates loyalty and honors those who want to let him be himself. >> that's true and if that's the case then letting trump the trump again, hasn't worked, people have been

waiting for him to pick it, i don't think that's in the cards and actually this may be sort of deciding i'm not going to pit and i'm going to double down and i'm going to be bombastic and keep hot rhetoric and be on the, be very aggressive as he was in the primary, i don't personally think that strategy is going to broaden his his base of support, it looks like he's going to his face and going to a base election, can he decide enough of his boat to get out turnout as he did in the product primary, that's , i think that's the strategy, it means they're not going to wind now, they're going to double down and try to energize the base and get a higher turnout. we will see if that works. jon: you say it hasn't worked but it did work, it got in the nomination. >> that's true but the problem is in the primaries you got to have 29 30 million

people are voting, trump got 18 or so million to vote for him. we're now going to an electorate that's going to be 130 million or so. that means you've got to reach out, you've got tostart expanding your base . doubling down gets really limiting when you do that to your primary election andhe didn't get 100 percent of the primary, he got 49 , 50 percent in a few states at the end. this is a problem. the party is not consolidating around him. you've double down, it limits your ability to reach out to independents, to women, to a lot of the groups he just hasn't been able to create any movement with. jon: molly, i spoke to larry sato, a well-known lyrical electoral vote counter earlier in the program. he says hillary clinton is up to 348 electoral votes. you need to 70.

despite the polling, despite the electoral votes productions, you say that the fundamentals of this election still favor trump? >> no one's going to say this has been a good couple weeks for donald trump. it's actually been a disaster but that's why i think what's interesting is the news out of this campaign shakeup, kellyanne conway, the new campaign manager said they were behind. she was honest about it with reporters and said that just lights the fire under the campaign. more interesting is the fact that donald trump himself for the first time in this campaign implicitly acknowledged that he knows is behind, he tweeted out this morning that he's the breakfast candidate, rex was on great britain voted to me european union and throughout the polling showed that rex was behind and on election day actually one so they're aware of this, they are dealing with it and i think you're seeing some change in how people are approaching it. august is a time of chaos and there's a lot of chatter and noise but when you're talking

about the issues that a lot of americans care about, how we fight wars and whether we should do nationbuilding or have a foreign policy that basin what our interests are. what are our immigration policy issomething that helps us with our economic security or national security and also about our economic policies and with benefits , rich people are poor, these are issues that does have a stronger of the argument so he can force those issues and if he can focus those issues and the campaign and retain some coherency and discipline i think it's still in his best interest. jon: 81 days ago, molly hemingway and joe trippi, both. jenna: authorities in brazil hold a news conference about the controversies wim teamreal are questioning whether ryan lochte and three other swimmers were lying when they claim they were robbed at gunpoint. new headlines breaking out about video existing . more on that next. >> sing out loud here.

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jenna: new information on the obama administration's cash payment to iran, wall street journal reporting that officials will tell that money to until a plane carrying american prisoners had taken off from the iranian capital.kelly live in washington with more. reporter: this wall street journal story is sure to fuel speculation that the iranian hostage release was contingent on the payment of ransom area contradiction to what the obama administration has said. the general court and i'm quoting here, us officials wouldn't let you take control of the money until a swiss air force plane carrying three americans departed from tehran on january 17. once that happened, and iranian cargo plane was allowed to bring the cash from a geneva airport that day according to the accounts. president obama's last public comment about the release came on the day before he don't party for his vacation during a pentagon press conference. he reminded reporters then

the administration announced these payments in january, that it was not a secret, that josh furnished brief reporters on this negotiation dating back to the 1970s we do not pay ransom. we didn't hear and we won't in the future. precisely because if we did, then we would start encouraging americans to be targeted, much in the same way that some countries that do pay ransom are having a lot more of their citizens being taken by various groups. reporter: the president explained the reason the palace and foreign cash were sent is that sanctions prevented the money from being wired to iran but house foreign affairs committee and royce noted at that time that how it ran is known to pay its terrorist proxies in cash. others agree. >> i think it's shocking to most americans that the united states government was acting like a drug cartel or a third world gunrunner, stacking cash on a pallet and flying in an unmarked aircraft to give to the

world's worst state sponsor of terrorism. there's a lot of questions left to be answered and the obamaadministration continues to stonewall on this . reporter: congress is set to hold hearing when it returns from its recess. back to you. jon: meantime, tehran is giving unprecedented access to our sister network sky news as the government shows a new willingness to discuss its involvement in syria. sky news reporter dominique wymore has that story from tehran. reporter: at the corner of iran's national war center, this rarely seen by the outside world. where they bury the dead from what was so recently a secret war. the rams military involvement in syria. we were given unprecedented access to film the graves and posters celebrating the soldiers sacrifice and talk to mourners. one quietly spoken man showed us pictures of a friend who died in syria and what he said was a holy war. >>. [translated? i don't think there is a different country because

defending islam has no borders. they have gone there to defend islam. reporter: hundreds of iranians are thought to have died fighting in syria along with allies from hezbollah, another shiite militia supporting the assad regime. iranian revolutionary guard fighters and special forces are engaged there. a friday prayer in tehran, a senior commander back from syria claimed iran is fighting the islamic state before it threatens them at home. iranians are getting the same message more and more, that the war in syria deepens and casualties mount. at first, iran would acknowledge it has forces inside syria. now it's openly admitting it and justifying their presence, saying iranian soldiers are fighting and dying there, attacking the

islamic before it becomes a threat in their own country. >> the fact that iran is talking more openly about its role in syria shows they are ready to defend their position, their legitimacy in support for assad in a way that's unusual and signifies an asset to get international support to portray themselves as being against isis. jon: sky news reporter dominic whitehorn from tehran, we will be right back. ♪

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brazil that for members of the us swimming team made up their story about being ron. jack conger, gunnar bentz and jimmy feigen claimed they were robbed at gunpoint along with ryan lochte but their

stories don't add up according to reports in brazil but there's a question about that. let's bring in our legal panel and brian claypool, a criminal defense attorney and seeing headlines right now , that the two swimmers arrived at the police station in rio and seeing other reports from media in brazil from global apparently there is video of the swimmers on the ground outside the gas station being held at gunpoint a security guard. we are following as best we can ebony. could these swimmers if they indeed lied, made up, exaggerated their story be imprisoned in brazil for three years? >> on paper it looks that way. therefore charges they would each be applicable for and one of them does have a three-year sentence. certainly brian, from our experience we don't expect that to happen. these are relatively low-level charges if convicted, if there's proof

around it but it doesn't bode well. to your point as you are saying, such inconsistent stories, a lack of corroborating evidence, the evidence we are seeing and hearing about these videos seem to be all over the place. was holding a gun to his head and forwhat reason, we don't know . jenna: what you make of it? >> jenna, i think this is much about public relations as it is criminal justice. brazil has been under the microscope worldwide. their images at stake. they've been attacked leading up to the olympics and have done a good job up till now. they're trying to preserve their reputation. anthony would agree one of the first things you do when somebody reports a crime is you look at the veracity of that victim. are they truthful? when you have inconsistencies for example, were they in a cab or at a gas station? was there more than one person or was there one person? did they have their guns pulled out or not? the timeline doesn't match up either. they said 4:00 inthe morning and now there's video of them

at 6:24 getting back to the olympic village .jenna: one thing no one is arguing is that they were out late and they were partying and ryan lochte is the only one whose open publicly about this and apparently these swimmers, if this is the first time they are talking to police. legally, do they get american lawyers? what do they even do in this situation? >> we recommend they would want as much counsel as possible. ryan lochte is the only one that we know he has spoken publicly and that might work against him. this very much play out in the court of public opinion as much as law so that could work against him. he's very fortunate he got out of brazil prior to that order coming down from the brazilian judge seizing those passports and holding the rest of the travels for the otherswimmers. it looks like the ramifications are unclear at this point . jenna: legally, what would you do here? so they talk to the police, these brazilian police, the swimmers do.

what's going to happen to them? >> here's a problem for ryan lochte, jenna. two of the other other swimmers are being held and they are not in brazil, officials are not going to allow them to leave brazil until they testify about this alleged robbery. that does not bode well for ryan lochte. if all these swimmers had gotten out of town before this investigation catapulted, it would be better. what i mean by that is these two swimmers areprobably going to have to tell the truth if they were telling a lie and that may not go well for ryan lochte .jenna: this is outside the police station where the swimmers just arrived, apparently talk to police and we will see. so far, steve harrigan reporting to us that they were at a cab, stopped at a gas station, damaged the bathroom, came out and the security guard at the gas station was called and held

them there until they pay for the damages. that's one report but frankly we have no idea what happened and we're getting new video from the gas nation, were going to show you as soon as we get it. brian and ebony, thank you very much and we will be right back with "happening now". if you have medicare

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jon: we'll be back with more in one hour. >> "outnumbered" starts right now. ♪ harris: this is "outnumbered" on a fine friday eve. i'm harris faulkner. today host of "kennedy" on fox business, kennedy herself. fbn, co-host of "after the bell," melissa francis. radio talk show host meghan mccain. today's #oneluckyguy, co-host of fox business network's "wall street week," anthony scaramucci. as of late he is also economic advisor to donald trump. we will pick his brain about that. for now you're outnumbered. >> mooch. >> what did you call him? >> mooch. harris: you like that. >> that is junior high school. it was about my last name, not stealing other people's food.