All right. Thank you for watching special report. We want to bring you all the news. Im shannon bremen. Good night from washington. Next up with all the news of the day on the record coming to you live. This is a fox news alert. Donald trump about to take the stage and tonight is he in charlotte, North Carolina. We will take you there in just minutes. First, Brazilian Police moving forward with an indictment for u. S. Olympic swimmer ryan lochte. They are accusing Gold Medalist lochte and feigen about lying. The judge must decide whether to accept the indictment or throw it out. Tonight there is new Surveillance Video. Tmz harvey levin is getting new information about missing Surveillance Video. He joins us in seconds. Fox news correspondent Steve Harrigan is live in rio. Steve . Greta, the story continues to develop throughout the day. Earlier, rios police chief gave a press conference
where he really attacked the four american swimmers hard. He said they owe the city of rio an apology. Now it seems the police want even more than that, going ahead with an indictment for two of the four swimmers for giving a false report to police. Under such a charge here in rio can mean 1 to 6 months in jail, a fine or possibly the judge could decline that indictment. Now, its only for two of the four swimmers. Ryan lochte who is already in the u. S. And jimmy feigen who is still here in rio. Thats because theyre the only two who gave actual reports to the police. The other two swimmers did not talk to the police, did not file a false report, until police yanked them off a plane last night. Earlier also we were told by the police chief he saw no reason to hold the three swimmers who were still here in brazil. Their passports were con if confiscated. They are not allowed to leave the country. Now that they have given their testimony that might not be necessary anymore. With this indictment that
could change for feigen. Greta, back to you. The reaction is what among the brazilians . This is obviously captivating us here in the United States. How much is it captivating the brazilians . I think theres been intense anger and real patriotism by the brazilians. Huge media interest in this story. They have really been swarming outside the Police Station trying to get a look at these americans and see whats happened. There has been some bad feeling about the american athletes really since the start. Hope solo, the woman soccer golly for the u. S. Team took pictures of herself in antizeke go gear, mosquito masks and stuff. She was shouted and heckled. A lot of bad feeling the problem these teams have had. Some of that bad feeling especially directed at the American Team even more so now, greta. Steve, thank you. Brazilian Police Holding a News Conference to say our four american swimmers made up their stories. 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 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, were 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 the
location. When the employees noticed what was happening, the Security Guard tried to convince the cab driver to wait for the police and not leave the scene. Apparently these facts have been confirmed and there is no doubt about them. The athletes did not want to stay. They did not want to await the arrival of the police. According to the reports, they offered to pay and they did pay 100 and a 20 bill to compensate the establishment for the damages. The versions of one of the athletes, he has confessed, yes, he confessed we confess only when a crime is committed, but he was a witness. He gave a testimony, and he
corroborated the facts that im sharing with you. Tmz has been on top of this story from the very beginning, executive producer of tmz harvey levin joins us, harvey, nice to see you. Good to see you, greta. Harvey, whats the latest . Whats the information that you have. We know the police is recommending prosecution. There is a report out that they have actually been indicted jimmie and ryan lochte. They have not there has been a recommendation but no indictment as of yet. Now, i can tell you this. From ryan lochte from his camp and jimmies camp as well, what theyre saying is theyre story was essentially true. What theyre saying is it wasnt a false Police Report because, a, they were in a cab, b, they were asked to get out of cab. And, c, they insist they were held at gunpoint in order to turn over money. Now, you dont see guns in the video. But if you look at that video carefully, and this is something that his team has seized upon, there is a threeminute hole where there is an edit and lochtes camp says the gas station made the edit because they didnt want to show that the Security Guards there pulled a gun on them. And you do see the swimmers with their hands up in the air after the edit is over, where they get out of the cab and it appears, i mean, when you put your hands up in the air because somebody is ordering you to, and everybody there is saying it was because they had pulled a gun on them and that they were ordered to give some money over as a result. Their position is it was effectively a robbery. Ryan lochtes problem, i think, is that the pretext for this whole thing was a lie. The pretext of theyre driving along, security comes up, pretends like they are a Police Officer and robs them. That is an indictment on rio and the safety of rio and the people of rio. And, look, greta, can you make the argument that
technically they could argue that everything in the report is true, but the prosecutors can make the different argument and the jury and judge there, theyre in rio. People in rio are pissed at these swimmers for trashing the city. All right. Did they pay my money to compensate this gas station for whatever this vandalism was . They did. And they paid them money and gave them 100 tip to boot. Lochtes position is it was essentially robbery because they paid it with a gunpointing at them. The gas station is saying, look, we wanted money because they broke our stuff and tried to leave and we were never going to get them again. We wanted money from them and then essentially negotiated. But they did pay money for sure. Were they drunk . I mean, whats with this vandalism or was it an accident that something broke . We are told, greta, they were wasted. We know they were at a party earlier in the night. This was 6 00 in the morning. They were partying all night long. They were wasted. What we were told is that they needed to pee. They got out at the gas station. They wanted to get inside the bathroom. And the bathroom was locked. They started kicking the door. And then when they did damage and people at the gas station said stop, youre paying for, this they basically said were out of here. Thats when they walked to the cab, and thats when things escalated. How did the police enter into this picture . Because if they go to the cab, they have got the Security Guard or somebody asking for the money. They say they paid the money to pay for the damage and the extra 100 bucks. Where do the police come into this . Because i think its a good question there, seemed to be a standoff but money did seem to get paid. My sense of this and i dont think anybody is totally forthcoming. My sense of this is that at a point there was kind of an amicable here, lets leave it alone and everybody go away, and the police werent that interested because the people got their money and when the Police Became really interested is after
ryan lochte came out with this thing and trashed the whole city. Greta, i should say one thing. Ryan lochte is in the United States now. This is not an extraditable offense. He never goes back to rio, he is not going to have a problem except maybe with the olympic committee. Jimmie is still in rio. This is a crime punishable by up to six months in jail. And he has a problem because he is still there and my guess is he is not going to be able to leave under these circumstances and, again, the city is pissed off. The police are upset. And its not the kind of environment, as you know as a lawyer, its not the kind of environment you want to be in. Now, the threeminute video, the Surveillance Video thats miss something ryan lochte asking that the police go back or jimmie feelingen asking that the police go back and get the complete video so at least we have a full story to the extent we can . They want the full video, absolutely. Because they believe the video will paint that full picture that ryan lochte painted. But, again, the problem with
that video is the pretext of were driving along and all of the sudden the cops come up. I dont know that the pretext is going to warrant a criminal indictment but, again, legally it may or may not, but i think as a practical matter that city is out for some revenge. Let me put my defense lawyer hat on. Look, a Security Guard with a gun looks like a Police Officer to most people or to a lot of people. Thats the first thing. The second thing is i assume they have a language barrier. I assume that most of the people there speaking portuguese and our americans are speaking english. And theyre drunk. Am i right . Youre right on every single count. The problem is that the statement that this whole thing happened the way ryan said. Now, heres my feeling. I think youre right and the story that ryan told the media, told nbc, i dont think he told the police that because why we tell the police that if they are at
the gas station. His story would make no sense to tell the police. So i think that lie was not part of what he told the cops. So thats off the table in terms of making a false Police Report. So i do think youre right factually you can make the argument that every step of the way lochte was essentially telling the truth in terms of what he told the cops. But, again, theyre recommending an indictment, and the people i have spoken to in ryans camp say it aint surprising because he knows how angry the city of rio is. I guess what im trying to sort out is whether this is just some guy who sort of embellishes his story after he sobers up and telling billie bush, nbc or did he actually make a false Police Report saying that i mean, whats the false statement that he told the police . I will break this down. He said to nbc this business that they are driving home, that the people come up, i dont think he told the cops
that. That was a lie. That was obviously a lie. Thats a lie to nbc. Thats off the table. Thats off the table. So then what were left with is ryan lochte telling a story about a robbery when the reality is ryan lochte and his friends were there breaking property, damaging and destroying property at the gas station and then leaving without paying. And the cops are saying we just or the security is saying we used force not to get money out of him but to keep them there until the cops came. Now, did they use force to rob them . Apparently the cops dont think so. Apparently the cops think they were just being held and lochte is making all this stuff up. That, i think, is going to form the basis of this. Is there any how much money was actually paid from lochte and his colleagues to the gas station or to the management . Was it greatly in excess of what the damage was, the vandalism . Well, they settled for a
certain amount, and then ryan threw in 100 tip for their trouble. So they seemed to agree on what the amount was. And then ryan threw another 100 in. That, to me, sounds like not somebody who gets robbed. You dont generally give a robber a tip, at least in my world. And, you know, thats the way it was kind of put. So i think thats the weakness here was ryan lochte and jimmie, were they robbed of this money or did they settle on the money and then make up the robbery claim later . Or did the guy say give me an extra 100 or you will be sorry. Thats not even what lochte is even saying. Right. Anyway, harvey, thank you. Good seeing you, greta. Viewers, now is your time to vote at home on twitter. Is brazil overreacting to what happened with ryan lochte and his teammates . Tweet yes or no using greta. We will show you live twitter votes throughout the show. Ryan lochtes first statements now coming under
intense scrutiny. The guy pulled out his gun, he cocked it. He put it to my forehead and said get down. New questions swirling about olympic swimmer ryan lochte. Details of ryan lochtes story have changed. Four american olympians causing outrage. Being robbed like that, you know, its a very traumatic experience. The time lines seem to be inconsistent. Why would he be motivated to lie about this . The swimmers say they were too drunk to remember any details about the location of the time. The story smells. The on the record legal panel is here. Former homicide detective and criminal defense attorney ted williams and former prosecutor katie phang. Ted, i will let do you a victory walk because last night you said it there was something funny about it your thousand tonight. My thoughts is there a great deal of confusion here as to what actually happened. What im not confused about is the fact that lochte, i believe, lied. To billie bush; to nbc. All right, well, he lied to them. The question is did he lie to the authorities . Were going to have to see the actual Police Report, i think, to make that determination. But lochte, as far as im concerned, is an ugly personal. He has embarrassed his country, and i hope that if these are proven this way that they ban him from the olympics for life. I do not believe, by the way, that brazil is overreacting. This was an embarrassment to another country. I dont know if i agree with you on that, ted. Lets move on to indicatey. Your thoughts on this . So sometimes the coverup is worse than the crime, right . So in this specific situation, the worse Case Scenario is there was criminal mischief that may be missing here. I dont agree with you, ted, i dont know how you can say conclusively that he lied. For drunk americans that dont speak port gees and
the chief of police admitted today in the press conference that the off duty armed were member of the rio police. How do we know he didnt flash a gun at the four young men that were drunk. Im not making excuses for them. Katie, let me ask you a question. When did we hear about a gas station . This is the first time we hear about it today. When we hear lochtes story, he was supposed to have been so drunk that he didnt know whawhat happened when, he wound up telling inconsistent stories and we now want to believe him. The alcohol actually would contribute to inconsistent statements. If i were a defense lawyer. Of course inconsistent statements. He was drunk. That may be a defense, but i still believe that this guy is an embarrassment to this country. This should have never happened. Urinating in a bathroom. If they are going to do it somewhere they better do it there. I give him credit for
that no matter how drunk he was. [ laughter ] katie, is brazil making this into an International Incident beyond what it should be . Im not excusing bad, drunk behavior. We now have an International Incident that rivals the 400 million that went to iran on the plane in the middle of the night. For the ransom. Exactly. So you are withholding americans fromo the United States for a nonextraditable offense. And i want that to be clear. Brazil cannot order the United States, nor will the United States turn over ryan loft at this voluntarilily to brazil. This has become completely blown out of proportion what is going to happen is the following. Lochte is going to pay a fine, so is feelingen, they are going to apologize and its going to go away. Let me make sure this is clear as well. Brazil has corruption. They can investigate in this quickfully three days but cant investigate their own corruption. Not to go too far astray but brazil and its corruption. Right now its president is being tried. But im sick and tired of how arrogant we are as
americans. If those guys would have come over to america and done this kind of crap, we would have locked them up and try to throw away the key. I dont think we would have, ted. I dont think it would have gonna far. The behavior was bad. But, look, i have got to give these guys some credit. What credit . They are medalists and everything. Maybe the tax that we pay to the government as a medalist will go to brazil instead of uncle sam. Acted like a juvenile and lying about it. I dont know if he was drunk. But i think this is being blown totally out of proportion. Let him pay the damage. He is going to lose some endorsements and that i agree. I think that they should not be charged and i think they should just drop it to be candid. Both sides, brazil and the United States. 56 of the viewers say overreacted yes and no is 44 . About even. Are you surprised at that. Ugly americans. Thats what its all about. How do you really feel about this . Upset me. We are americans. We go over to a country and we embarrass our country this way . No. Shouldnt happen anywhere. Ted and katie, thank you both. And today donald trump meeting once again with police. You will hear straight from trump. Thats next. Trump is getting ready to speak in swing state North Carolina. Will he stick to the teleprompter or will trump be trump . A salad. It was a buffalo chicken salad. A salad. Salad. When heartburn comes creeping up on you. Fight back with relief so smooth and fast. Tums smoothies starts dissolving the instant it touches your tongue. And neutralizes stomach acid at the source. Tumtumtumtumtums smoothies, only from tums. The war on our police must end and it must end
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