Transcripts For FBC Countdown To The Closing Bell With Liz Claman 20160818

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word to use -- they'd stayed with the swimmers. they'd stayed with the swimmers. and this driver, when he heard the news, he called in the information that he heard from his taxi, and he brought this to the attention of the police unit. and that began to tell us that the athletes -- or at least one of them -- had a motive, perhaps, to tell a story that was different from the real one. this had not been disseminated previously. now we can reveal this. several measures were taken. we looked for images, we collected images from closed circuit cameras at the gas station and other places and their arrival at the olympic village, and we began to investigate. the unit for serving citizens is a special unit to liaison with the citizens, and we sought people who had the real version of what happened and that this, perhaps, was not a real robbery, but they entered in contact with the police chief's headquarters, and these individuals, these citizens who said they had knowledge of the true happenings had a -- were reluctant to enter in contact with the police because they were afraid of retaliation because these were international athletes, and there might be retaliation. it took us a while to communicate with these individuals. they understood the importance -- these were the security guards who have already been interviewed by the police. and based on their testimony, we began to build the real story of what happened. based on those, the testimony of those security guards we started interviewing other witnesses. one of those witnesses just arrived at the unit now and is being interviewed. as i said, this is currently in action. we're still interviewing people. the driver who drove the athletes also has been interviewed. he appeared at the unit. he was, he was interviewed, and he confirmed the version that the police thought was probable. the police detectives were put into action and began to do their work at the gas station and apparently were able to determine that acts of vandalism had been perpetrated by one or more of the athletes. perhaps dr. braga can give more details. those are the details we have, but i'll try, i'll try to diminish the number of questions you have. [speaking in native tongue] >> translator: and try to give as much information as we have. no questions for the moment, please. at this exact moment, what the police can confirm is there was no robbery in the way that it was reported by the athletes. they were not the victims of the criminal facts that they described. the police can already confirm this. since there are still investigations in, ongoing investigations, as a matter of fact, with interviews with two of the athletes, we don't have the complete picture, so we can't answer all of your questions. what will they -- what crimes will they have to answer for, we can't answer that. why? because we are still trying to conclude our investigation. we have to finish hearing everybody. we need to see what the conduct of each athlete to see if they have any responsibility for those acts. what is the most likely story, the real story? and, again, we are still hearing witness testimony, and the story can change. so it's already premature to talk about any repercussions. the athletes left their, where they were coming from. they went to the gas station, they went to the bathroom, and on purpose one or more than one of them -- we're still investigating -- began to commit acts of vandalism in the bathroom at the gas station. breaking mirrors and other equipment. this led to a certain confusion at the gas station. employees of the gas station tried to control this situation. the images also show the athletes going back to the cab and trying to leave -- liz: and there you have it, there were no victims, there was no robbery. we have rio police now saying that they have multiple witnesses and videotape from all kinds of surveillance cameras that indicate the story that u.s. swimmers ryan lochte, james fighten and gunner benz told that they were robbed at gunpoint in rio and had their possessions taken was simply not true. this is a video that you see in some cases, and depending on exactly what has been revealed to the press and to the public, they showed up at a gas station and, according to reports, they broke down a door, they were apparently intoxicated, threw stones, tore down a sign, urinated in the street. drivers have been interviewed, lots of witnesses. and as you heard it, no robbery, they were not victims. the big question is, if this is a crime in rio or in brazil, will they be hauled back? will they be requested to come and face charges? we're watching all of that and more, and we've got a whole bunch of other news that is breaking at this moment. we have to tell you that we are watching the situation in louisiana as well. at any minute now, secretary of homeland security jeh johnson is expected to join local officials in baton rouge, louisiana. why does that matter? folks, you may think it's in louisiana and not your state, this will affect fema, this will affect residents, thousands and thousands of residents, and it is a danger. we have bodies that are floating up, corpses in cars that are being found. we're going to get you that as soon as jeh johnson gets in front of the microphonings. on wall street the dow is seeking direction, and there is this unanswered question: did dow component cisco try to soften the blow of megaca job cuts by leaking an uglier picture before the real revelation that wasn't as bad? right now cisco down 1%. we're looking into that. we have spoken to the company, you need to hear what they say about that accusation. and we have jail stocks at this hour, prison stocks getting punished after a report that the justice department is going to stop using private prisons. boy, when you get the federal business taken away, you can imagine that corrections companies like corrections corp. would be hit. they are. you don't often see this kind of fall for a stock, but we've got geo down 38%, corrections corp. down 36%. twitter cannot catch a break today. just days after getting a bump from reports apple tv would be adding a twitter app, a quick to the solar plexus. shares of the social media site falling 5.5%, increased competition from rival snapchat, that's why it was downgradd. there's one bright piece of news here, hormel. yep, eating a successful quarter up. the maker of spam beating profit estimates in fiscal q3, up about 1.75% at the moment. the breaking news in louisiana at this hour, as you see, we are waiting for u.s. secretary of homeland security jeh johnson in baton rouge. he is expected to hold a news conference with local authorities to give us the latest on the situation there. we're going to britain that to you -- bring that to you when it happens. why is this so serious? look at this, horrific images from the flooding. this on your screen is a coffin from a graveyard a that was unearthed after a constant rain. people have had to tie them to trees to make sure they don't float away. here are the latest numbers, 37 killed -- 13 killed, 30,000 people rescued. the water is flowing so quickly that you can see on your screen, people can't even stand up straight in it. 1,400 bridges need to be inspected prior to being reopened, so this is affecting transit right and left. the economic impact expected, well, right now it's only 1.5 billion. that number's going to rise much, much higher, we can guarantee you that. while flood-ravaged communities and businesses struggle with the aftermath, officials now worry tens of thousands of homes or were not protected by flood insurance. let's get to republican senator bill calferty, u.s. senator who during hurricane katrina mobilized volunteers and, sir, you set up a health care operation back during katrina in an abandoned kmart. thank you for joining us live. you're no stranger to dealing with these kinds of natural disasters, but we are hearing that a woman's corpse was found trapped in a car. how many more of these do you expect? >> so they are actively surveying the homes and the abandoned vehicle i n't think there'll be that much more of a body count, principally because of what we call the cajun navy. folks getting in their bass boats, going out and finding people who needed to be rescued and bringing them back. so the cajun navy really bailed us out to, if you will. maybe 20,000 rescues. liz: more rain is coming today, in fact, it may have already started. what is not being done that you need to have done right now, senator? >> right now it's how do you distribute. so people are pouring in resources, we're so thankful. but, for example, how do you distribute those resources, number one? number two, there are businesses that have gone down because their servers got flooded out, businesses that never expected to flood didn't have a backup, and so, for example, the city of -- [inaudible] and now their workers are not getting paid. one guy showed me he had a $5 overdraft and was given a $50 overcharge fee, but his automatic deposit hadn't occurred because the business had interrupted payment. we're asking banks if they will waive those overdraft fees just until the businesses begin to pay again. liz: well, of course. they absolutely should. we hope some bankers are listening. please waive the overdraft fees. people need to get back on their feet, and they can't even begin to run their businesses or their households. you know, we're talking about this estimated impact, $1.5 billion. i would imagine that's got to climb, senator. >> i would have to think that climbs because, again, you spoke about those bridges. sometimes that roadway damage is not apparent upon initial inspection, only later that you find that the roadbed washed out or was destabilized. so there will be some lingering effects. so there'll be the $1.5 billion, there'll be an addition upon that and then there'll be a tail. i'm sorry to say that, that's just the way it causes damage. liz: well, we hope you get everything that you need. please call upon us if there's another message you need to send to our viewers. senator bill cassidy of louisiana, we do appreciate it. we have an important programming note for you. fema administrator craig fugate9 will be on cavuto coast to coast tomorrow, 1 p.m. eastern. be sure to tune in. and remember, jeh johnson, homeland security secretary, we are expecting him in just moments. we will bring it to you as soon as it happens. in the meantime, we will be right back. we've got a lot more news. we're getting it to you, you're in the right place. stay tuned. ♪ ♪ hey how's it going, hotcakes? hotcakes. this place has hotcakes. so why aren't they selling like hotcakes? with comcast business internet and wifi pro, they could be. just add a customized message to your wifi pro splash page and you'll reach your customers where their eyes are already - on their devices. order up. it's more than just wifi, it can help grow your business. you don't see that every day. introducing wifi pro, wifi that helps grow your business. comcast business. built for business. liz: breaking news, that news conference in baton rouge with the secretary of homeland security jay john john and local officials, has begun. interestingly, just as senator cassidy told us, please, you've got to give small businesses a break, they are underwater, they have just announced the post-flood small business office has opened today in louisiana. let's listen in some of this news conference. >> the trend is downward, and that is a good thing. thus far more than 30,000 people have been rescued and over 1400 pets. i'm very sorry to report that the number of confirmed fatalities that are caused related to this storm is now at 13. but with well over 40,000 homes impacted so far, i want to tell you that our local first responders -- aided by their state partners, state police, wildlife and fisheries, the fire marshal's office and the national guard -- have done a tremendous job of safeguarding lives and preserving property. with the 40,000 homes that have been impacted so far that parishes have reported to state and federal assessment teams as th bin going out into the affected parishes. so in the louisiana we're on our -- taking care of each other is a way of life, and we're on our way from response to recovery. and i'd just ask everyone to continue to be patient, to continue to work -- liz: 30,000 people have been rescued, and they are striking a more positive tone at this hour, and you can hear officials pretty much saying they're working now for recovery and trying to get back on their feet in louisiana. this is an epic storm that has just passed through, in in factt is the worst since hurricane -- superstorm sandy. just an absolutely epic, terrible, terrible storm. any more news out of that, we'll let you know. now, at this time yesterday we were leading the show with reports that massive leis agencies owe -- layoffs at cisco systems were about to be announced. crn cited multiple sources close to cisco that 14,000 layoffs were coming. then after the bell, wonder of wonders, the tech bellwether announced not the much worse 14,000, but a rather scaled-down 5500 jobs would be axed. now you have to ask this question, because investigators are looking into this: did sis owe leak worse numbers to -- cisco leak worse numbers to make the layoffs not look so bad? we said, look, let's call cisco, find out. what did they tell you? >> reporter: i'm going to read you their statement, liz. they said, quote: we have no comment on crn's reporting. we reported our restructuring plan in our filings, but we don't have any further comment. so it would appear that there's a discrepancy between what crn had been reporting, the 14,000 or 20% of cisco's 70,000 global work force and then what we saw aftethe earnings, what was it, 5500 people or positio would be eliminated. liz: yeah. i know, it's just a very, very big question here. i need to get to walmart too. it's much better news over at at wal-mart. second quarter in a row, they did extraordinarily well. and this after a january 20th announcement that they were going to pay their workers more. everybody would get a minimum of $10 versus $9, and you had a lot of experts saying that's going to kill walmart's sales. it apparently has not, adam. what are you seeing there? >> reporter: you see it in the numbers. same-store sales were up 1.6%. here's what they said in the earnings report, operating expenses increased 8.3% due primarily to the announced associate wage increase and investments in technology. and then when they were on the conference call, they just pointed out that the stores are cleaner, the customer service is better, the whole experience is better, so perhaps the correlation of more pleasant employees who are happier with their wage structure is paying off with happier customers. liz: well, i think that that is something to be looking at, because there were quite a few naysayers who said walmart would get hammered on paying their employees more. doesn't appear to be the case, but maybe they're also looking at engineering and making sure costs don't go up too much. adam, thank you very much. by the way, at the so much the hour, "after the bell," we'll bring you earnings from the gap. stay tuned for that. dow jones industrials up about six points right now. with 38 minutes before the closing bell, the green party championing not just the environment as one of its top issues for 2016, but look, we are talking about natural disasters plaguing thousands of americans and of our economy across the beautiful country. what is the green party's response to protecting our future? and what about those floods in louisiana? green party presidential nominee jill stein is here live. she's talking floods, hiking the estate tax, we're going to talk about that, and whether you might be nothing more than a spoiler. but for whom? trump? clinton? dr. jill stein is next, stay tuned. ♪ liz: thirteen dead. secretary of homeland security jeh johnson just wrapped up his comments on the deadly floods and recovery efforts underway in the southern part of louisiana. as i mentioned, the death toll has risen. yesterday it was 11, now 13. tens of thousands of residents displaced, running for their lives, trying to swim to safety. look, the candidates overall have stayed silent about the devastation. well, what about the green party nominee, dr. jill stein? dr. stein joins me now not only to discuss the silence from these candidates and the situation, but also her stance on taxes, jobs, free college. let me start with louisiana. you among them have not gone. you have not weighed in. i need to know from you, what are your plans to help these people in the immediate term? i know you believe climate change probably caused this. we could argue til the cows come home about that, but what are your plans for immediately mobilizing to help hundreds of thousands of people get back on their feet? >> yes. so not only do we need the fema and the insurance support and the financial relief, but people need physical relief right now. it's really awful that tens of thousands of people have really been stranded, have been waiting for rescues, you know? we needed to have had a much quicker and robust rescue effort. and unfortunately, what's happening in louisiana is exactly what is predicted. this is like echoes of katrina, like echoes of superstorm sandy. unfortunately, these big, unprecedented, historic storms are exactly what we expect. and remember, it's not just the storms in louisiana, it's 100,000 people now on the west coast who are fleeing the fires because of the drought and the prolonged and extreme heat. this is exactly what we expect as every month now is setting a new climate for -- a new record for heat. liz: well, you have said that climate change is the cause of many of these problems. there are people who totally disagree with you, others who agree with you. however, what is your plan to mitigate if you do believe that these issues that we are starting to see, and where would you get the money to do that? >> so as a scientist, i will say that nearly all scientists agree the. the ones who don't agree tend to be the ones who are on the payroll of the fossil fuel industry or serving as spokespeople for them. but among scientists there's about a 99% agreement that this is climate change, this is related to fossil fuel production, and the solution is actually a wonderful solution for our economy which is also in its own state of crisis where, you know, the recovery has gone on for the top couple of percent, but everyday people are really struggling to survive. so we're calling for a jobs program like the new deal that got us out of the great depression. we're calling for a green new deal that will actually create jobs, talk about small businesses. this will actually put national dollars at the, at the discretion of local communities to become sustainable for energy, for food production, for public transportation so we can zero out fossil fuels in the time frame -- liz: i know, but i've covered -- >> -- that we must do in order to survive. liz: the solar industry is a boom and bust cycle. it becomes commoditized. the chinese are dumping solar panels that are much cheaper -- >> we need to provide the kind of support that china is providing for its solar industry. liz: well, we are giving incentives, and some people say we can't afford to do that. let me move to your position on free college. you take it a step further than hillary. you say not debt-free, but free public university for anybody who wants it. i went to a public university. i went to uc we berkeley. i ask you, dr. stein, who is going to pay the professors, who's going to pay the dorm fees, who's going to pay the parking attendants? these things don't simply run on their own. >> that's right. and isn't it amazing, i don't know about your generation, but my generation actually had access to free public higher education. and why have the costs skyrocketed? largely because of administrative bure bureaucracy because of sports centers, because of new arenas, not really the cost of education. so we need to provide a college education -- liz: how. >> -- for our young people. so here's the deal, we know from the g.i. bill, because remember what happened after the second world war? liz: yeah, we paid our vets. >> we paid for our vets to go to college, and for every dollar we put in -- congress was keeping track -- we got back $7 in return in improved revenues and other public benefits. so this is an investment that pays for itself 700%. on the question of canceling debt which is what i also call for because we have a generation now that cannot repay that debt -- liz: $1.8 trillion, $1.3 trillion. >> they are living with their parents -- liz: how do you cancel that debt? >> have the federal reserve buy it up -- liz: print more money? more? >> let me tell you, we bailed out wall street, right? to the tune of about $17 trillion. we made that money available in the blink of an eye -- liz: but with wall street, dr. stone, wall street paid it back with interest -- >> because they could. and they did because wall street got zero-interest loan, close to zero, and they can loan it out. wall street is in a position to rake in the dough in order to pay those loans back. but our young people, they are not in a position to pay it back because wall street crashed the economy, yet we bailed out the guys whose waste with, fraud and abuse led to that wall street meltdown. what about the people who are the victims? liz: you're a spoiler. you're a spoiler because you speak more to a hillary follower, and yet you're only polling at 5%. how are you going to feel if you spoil it for hillary clinton? donald trump probably loves you. >> most of donald trump's supporters don't actually want to be supporting him. the polls show the majority of trump sporters, actually, their main reason is they don't like hillary. so if you look at the breakdown of our supporters, they're coming from across the political spectrum because i'm the only candidate that's not poisoned by the money of lobbyists, super pacs and corporations. and this is what the american people want. they want an honest broker. they don't want a candidate who's actually in the pocket of the big money special interests. so this is something that unites us across the political spectrum. people want real democracy. and i'm the one candidate that actually has the liberty to stand up for what everyday people need. not just the -- you know, hillary clinton is the advocate for the billionaire club, donald trump is a member of billionaire club who abuses his workers -- liz: well, we like money here. as a business network, we actually like success and like money. >> but you want it to work for everyone. because if it's only -- liz: that's socialism. >> i don't think i don't think . liz: not everybody -- >> right now we have an economy that can't sustain itself. it is stuck in a rut right now because we've lost our productive economy. we need to bring it back. that's what our green new deal will do. liz: jill stein, thank you. there's so much more we have to talk about it. i was really ready to hit you on the estate tax. we've run out of time, but thank you, please come back. dr. jill stein, green party nominee. we are coming right back, stay tuned. ♪ ♪ . . reporter: i'm adam shapiro on floor of new york stock exchange with today's fox business tech minute. self-driving cars in pittsburgh. uber will have self-driving owe demand vehicles on the road by end of the year. they sign ad $300 million agreement with volvo to develop autonomous utility vehicles. hoping to work together to create the proper technology to have self-driving cars available for hire and for sale by 2021. nokia slashed the price of its 360 camera originally priced for 60,000 bucks. they will offer it for 45,000, in the hope discount will increase global penetration. so much for the instamatic. coming up on "countdown." we he will join liz claman to talk about -- [announcer] is it a force of nature? or a sales event? the summer of audi sales event is here. get up to a $5,000 bonus on select audi models. liz: last week you may remember we reported that top attorneys in the white-collar world said executives at valeant could see some jail time after reports surfaced that they were under investigation for fraud. now as you see bill ackman on the screen, he is one of valeant's biggest investors. if you thought this was the end of his troubles as an eninvestor, think again. valeant in another investigation. lawsuit filed by t. rowe price and investor accusing the valeant of fraud. >> let me clear about the story. i'm not saying bill ackman did anything illegal. liz: absolutely not. he is an investor and has to deal with it. >> he is on the board now. what we said we quoted stanley arkin, noted white-collar criminal attorney, given the fraud investigation the doj is doing it is not, it is more than a theoretical possibility that people associated with what went on at valeant, the relationship with philidor and pricing of drugs seem over the top, the fact they can't do that now, investors holding stock that continues to get crushed -- liz: spiking price of drugs. >> he can't do that anymore. so the stock price is getting crushed, in that whole thing, in that whole maelstrom there could be people facing severe legal liabilities including jail. not saying bill could. i'm te arkin said. why do we put bill ackman's name on there? he is the big share hold. this is where it gets interesting. i believe he is on the board now. t. rowe price filing a lawsuit bense valeant this is civil we should point out, saying the company engaged in a civil fraud scheme and the pricing method it used with philidor, the online pharmacy where you could buy some of valeant's prices, that the pricing method and reimbursement practices artificially inflated pricing, and the results, that essentially is fraud. basically the valeant exposed shareholders like t. rowe price to massive risk. look at the price today. it continues to go down. liz: which is weird, charlie. it was up on news it would get from a lender, amended credit facility. they probably woke up thinking valeant is okay and immediately reversed on the fraud lawsuit. >> it's a civil fraud lawsuit. it is not the government. why am i being rapid for 35 seconds? let's be real clear here. with these civil lawsuits mean. t. rowe price can't put anybody in jail. but what t. rowe price can do and say it was given fraudulent information by valeant that sends up a flare to the government, to the u.s. attorney's office, to the sec to investigate further. we know there is active fraud investigation going on and when these lawsuits start piling up it becomes problematic for the company. what does that mean? possibly selling assets to pay for some of this stuff because the liabilities start going through the roof. liz: stock is down 3.25%. and watch out for pharma ceo michael pierson? why watch out for him? liz: he might be in the cross-hairs. >> whoever knew about the business, i don't want to single him out. i don't want to single out anybody. we're not saying anybody is guilty of anything, let's be real clear. we're saying this is difficult increasingly legal morass. liz: thank you, charlie gasparino. dow up six points with narrow trading range with the the closing bell 17 minutes away. president obama's red line deadline gone a long time ago, could the failures hurt hillary in the stretch? governor george allen of virginia where hillary is way up, but will that stay that way? that is next on countdown. 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(announcer vo) sorry traffic, we laugh 'til it hurts. siriusxm. road happy. amazing sleep stays with you all day and all night. sleep number beds with sleepiq technology give you the knowledge to adjust for the best sleep ever. the time is now for the biggest sale of the year, where all beds are on sale! save 50% on the labor day limited edition bed. know better sleep. only at a sleep number store. won't replace the full value of your totaled new car. the guy says you picked the wrong insurance plan. no, i picked the wrong insurance company. with liberty mutual new car replacement™, you won't have to worry about replacing your car because you'll get the full value back including depreciation. and if you have more than one liberty mutual policy, you qualify for a multi-policy discount, saving you money on your car and home coverage. call for a free quote today. liberty stands with you™. liberty mutual insurance. liz: haunting video from syria circulating around the world. you're looking at a 5-year-old tiny little boy pulled from the public in the city of aleppo after an airstrike in the war-torn city. this child, who had, a head wound, where he wiped the blood out of his eye, and then on to the seat below him. he was in such shock. he actually did not have brain injuries, thank god. he has become a symbol of the suffering that the syrian people have been feeling. this footage coming, this is little unbelievable, on the fifth anniversary of president obama's fame must red line speech. we're drawing a line in the sand, assad better not cross it. leader bashar al-assad did cross it. hillary weighed in transition to democracy in syria has begun and time for assad to get out of the way. that is 2011. he has not gone out of the way. let's bring in former republican governor of virginia, george allen and former democratic governor of missouri bob holden, thank you very much for being here. governor holden, i will start with you. i'm not sure how but maybe you do, how hillary clinton gets around this. bashar al-assad is still in charge. there are airstrikes all over the place, from the governor, from russia, alliances involve the united states. what happens, we have a little boy wiping blood out of his eye like that. i am lost here, how does hillary clinton get around this as she runs on foreign policy foundation? >> first of all, everyone knows the middle east, like any region of the world is in very difficult situation, particularly the middle east, and to develop a more democratic society takes time. and they're trying to put all the pieces together. there is a lot of players in this, not just russia and the united states but the european countries, asian countries many others. what we have to do work with allies to develop mechanism where we change power. you don't have the ability to go in to force the changes without consensus from other partners in process. liz: governor allen, this should be an advantage for donald trump, who talks very tough on all of this, and yet, you're looking at a little boy covered head to toe in dust. it is a haunting picture. eight people were killed in that airstrike. five of them children. and he is still stuck, even though he has walked it back, you know, temporarily banning muslims and then he is said it is from countries where we know there are terrorists. syria is a country where we know there are terrorists. will you ban that kid? >> well, everyone hearts break, seeing the young boy, and war is awful for civilians amongst the combatants. the problem is, clinton policies and obama policies, as far as syria is concerned, worse than it was then five years ago. isis has a foothold there as well as in iraq. they overthrew the government in libya and africa. isis was strong in egypt but thank goodness the military took over and they have the best government in egypt since the days of sadat if the united states draws a line in sand there has to be a coherent one and there isn't one there and donald trump says will target isis and knock out finances and communications and hit it military. we know others to work together whether jordan or saudi arabia or other countries with he sold armaments to. there should not be a religious test saying we will ban muslims. we ban people we can't do a background check on because america's security is preeminent. liz: what has donald trump called for in part, but both are saying we should have alliances. due to breaking news, so much of it today, our apologies, we had to call it short. governor holden, governor allen. we'll have both of you back. i do apologize. it has been crazy up against the clock. with so much news, the closing . the dow desperate to find direction. we found direction certainly when comes out of the olympics and the news flow. it is not just ryan lochte and his problems, michael phelps behavior out of the pool has him in rough waters. the magazine cover putting the gold medal record holder's behind one of his biggest sponsors. t-mobile, no stranger to celebrity spokespeople. find out what t-mobile's spokesperson would do if he was one of his brand ambassadors and shows up with at&t phone. he has news to break. he is standing by. john legere. we're talking about one-year anniversary with the twitter war he had with donald trump. we're coming right back. stay tuned. liz: four minutes to the closing bell. look at that. we saw doubling of the dow. going from five points to 13 points. at the moment we're seeing green on the screen. red in the eyes maybe of under armour. why? because olympic champion michael phelps has explaining to do. look at cover of latest "sports illustrated" issue with swimmer and fellow olympian simone biles and phelps is the crown jewel of under armour olympic athletes. this is oivay. he is wearing nike sweat plants, swoosh and all. in the world of sports marketing this is epic mistake. his agent said the olympian is required by usoc to wear nike which sponsors team usa. that is only for press conferences. check out medal awards. at barcelona games he covered up the reebok uniform with the u.s. flag because he was sponsored by, nike. nike air jordans. let's show the stocks. they're both higher. none the less somebody at nike is high-fiving the entire marketing team. somebody at under armor is a little furious. let's bring in magenta clad ceo john legere. we would have flipped out kim kardashian posed on the cover of l magazine with at&t phone, right? >> liz, before i talk about i will pick a fight with anybody anything negative to say about possibly the greatest olympic athlete of all time. and i tell you what? i come down on the side of athletes in this, because, a lot of starving, struggling athletes have contracts in small ways to make a living. liz: right. >> these major agreements are cut with the usoc, and they're highly restrictive what they can wear 24 hours away. i bet phelps coming from one event restricted to another. don't take a shot at this guy. he is the best ever. he is doing his best. by the way we need to let the athletes better way to make a living in this crazy use of marketing, telling them what they can wear is not one of them. go, michael phelps. liz: let's get to your seismic death of data plan. is this for real? sprint is ready to roll theirs up now. you guys wait until september 6th. what is going on here? >> you know, we've been changing the world of wireless for three years and it has been highly successful. today we announced un-carrier 12. they are about removing pain points. over a million customers wrote to see and said the biggest pain point is the data plan. today i declared the end of the data plan, all-in unlimited. t-mobile-1, unlimited call, unlimited text, unlimited high speed data, unlimited streaming at standard definition for family of four, $40 a month. only our network can pull this off. it is historic, liz. it will change. it will change the wireless industry forever. liz: that's what you guys have been trying too do. you moved up from number four, to number three. [closing bell rings] we're up against the closing bell. the dow is up 19. although when we close there is a tight trading range on a day with so much news globally. that is why ashley and melissa pick it up here or "after the bell." melissa: dow, s&p, nasdaq ending in the green. i'm melissa francis. ashley: i'm ashley webster in today for david asman. this is "after the bell." we got you covered on big market movers, first here is what else we have for you this hour. caught on camera, brazilian police just wrapping up a press conference. they say u.s. olympic swimmers lied about being robbed at exon point and witnesses and tape to prove it. we have the update from rio. worst national disaster since superstorm sandy. one local paper urging president obama to leave h

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