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The Lead with Jake Tapper

Palestinians Claim 30 Killed In Israeli Strikes, Including 10 Children; Interview With Sen. Bob Menendez (D-NJ); Source: U.S. Military Monitoring Israel-Gaza Situation; Gas Prices At Six-Year High After Fuel Pipeline Cyberattack; Biden: Working On New Guidance For Fully Vaccinated People; First 12 To 15-Year-Olds Receiving The Vaccine Today; Brown Family: What We Saw On Video Was An Unjustified Killing; House Republicans Likely To Oust Rep. Cheney From Her Leadership Position Tomorrow; Medina Spirit Allowed To Race In Saturday's Preakness. Aired 5-6p ET

Aired May 11, 2021 - 17:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[17:00:00]

ELLIOTT GOTKINE, JOURNALIST: But there were no, you know, immediate damage in this vicinity. But in and around Tel Aviv, as a result of these airstrikes since they began, there have been three killed from the Palestinian side in the Gaza Strip. We know that the death toll now stands at 30, according to the Palestinian Ministry of Health in the Gaza Strip, that includes 10 children, and more than 200 injured.

You mentioned that building that was -- that was flattened by the Israeli airstrike, the IDF putting out a statement saying that this was in fact used by Hamas, says that it was a building that house multiple military units used by Hamas, including its headquarters for military research and development. It says that prior to the strike, they issued warnings to the civilian populations, and say that any casualties that resulted from that strike are the responsibility of Hamas. But as the defense minister, Benny Gantz, said just after Netanyahu spoke a short while ago, he said, this is just the beginning.

JAKE TAPPER, CNN HOST: Now, what does that mean, this is just the beginning? I mean, usually in situations like this, people from the Europe or the United States, other countries calm and they try to broker some sort of temporary ceasefire. I don't know if the Biden administration is engaged that thoroughly right now.

GOTKINE: Well, the Biden administration has already said that their primary focus is a de-escalation. We heard that from the White House press secretary earlier today. But yes, no doubt behind the scenes that there are attempts to try to de-escalate the situation, but the violence seems to be feeding on itself. Of course, the cause or the spark, if you like, of the violence that we're seeing now was this court case that was due to come to the Supreme Court regarding the possible evictions of Palestinians living in East Jerusalem. But we've kind of gone so way beyond that now.

And we've also seen not just rocket attacks from the Gaza Strip from militants into Israel and airstrikes from Israel into the Gaza Strip. We've also seen violence flaring in cities across Israel, where there are either mixed cities with or cities with large Arab populations, places like Haifa, places like Lod as well.

And violence has been flaring, we've seen on, you know, on local television cause set of flame, as have been clashes between Israeli Jews and Israeli Arab. So, the situation is far from de-escalating, it seems to be getting worse. And no doubt following this barrage of rocket attacks on Tel Aviv, the Israeli Defense Forces will be increasing their strikes on the Gaza Strip to try to get the rocket fire to diminish.

TAPPER: Prime Minister Netanyahu just said, "We're in the midst of a significant operation." And CNN has just learned that the U.S. military is monitoring the strikes via satellite.

This is the worst violence we've seen in Israel and Gaza since 2014 when there was a war between the two. Does this moment right now for you in Tel Aviv? Does it feel like the brink of war or do you think, obviously, we all hope it's just a momentary flare up? But which do you think it likely is?

GOTKINE: Well, in terms of how it feels, the last time it felt anything like this, the last time I had to take my children down to the bomb shelters here in Tel Aviv was 2014. Of course, we had a ground incursion there. I don't think that is something that the IDF is going to take lightly or is looking already wants to do. But it has repeatedly said throughout the day, that it is prepared for any eventuality.

And certainly, if we're -- if things escalate further, if for example, there are major casualties within Israel, then I guess all things are on the table. But obviously, you know, people are hoping that this can be de-escalated rather than escalated, Jake.

TAPPER: All right. Elliott Gotkine in Tel Aviv, thank you so much. We hope you and your family stay safe.

Senate Foreign Relations Committee Chairman, Senator Bob Menendez of New Jersey joins us now.

Mr. Chairman, thanks for joining us.

The situation on the ground in Israel and Gaza is escalating by the hour. What's your reaction to what's going on there?

SEN. BOB MENENDEZ (D-NJ): Well, clearly Hamas is rockets attacks into civilian populations is condemnable and violates all international norms. And so, I certainly condemned those in the strongest possible terms.

By the same -- you know, I think that the Israeli and Palestinian political and military leaders have to actively discourage agitators from any further actions that provokes more violence. And also that the Israeli National Police has to take steps to lower tensions throughout Jerusalem. TAPPER: What should the United States be doing right now? Generally speaking, the Biden administration has not been deeply engaged. They realize it's relatively early, but what do you want them to be doing?

MENENDEZ: Well, I think to be engaged and talking to both sides, and to our allies in the region who may have contacts with the Palestinian authority and others to say that the violence has to stop, the rockets of terrorism. And that, in fact, all sides have to engage in dramatically lowering the tensions, especially as we're on the verge of the end of Ramadan.

[17:05:25]

And in doing so, you know, we commit toys and engagement with both sides. But right now, this violence begets violence. And so, we have to have a dramatically reduced on both sides.

TAPPER: Do you want Israel to stop retaliatory strikes against Hamas and Palestinian targets in Gaza?

MENENDEZ: No, listen, there's no such thing as unilateral, you know, disarmament. If Hamas is going to continue to fire rockets into innocent civilian areas, then there's going to be a response by Israel. So, that I fully understand and support.

But I do believe that in Jerusalem, for example, and I certainly applaud the Supreme Court of Israel for delaying the decisions that may be forthcoming on one of the issues that has given rise to the challenge is about the displacement of Palestinians in certain properties, that at the end of the day, actions like that can lower the tensions. But Hamas should not expect that for so long as they keep firing rockets, they won't be fired back on them.

TAPPER: So, let's talk about that because Israel's eviction of six Palestinian families from East Jerusalem is clearly a flashpoint. Israel's Supreme Court, as you note, on Sunday they postponed the hearing on the possible eviction of those six families.

What do you say to those who argue that what the Israeli government is doing in East Jerusalem reflects a government policy to drive out Palestinians and entrench Israeli control of Palestinian neighborhoods in violation of international law?

MENENDEZ: Well, first of all, I look forward to seeing what the Supreme Court of Israel decides that is a democracy and I want to see what their supreme court will decide.

Secondly, you know, I have called for as well as other colleagues, that unilateral actions including the unjust evictions and demolitions in East Jerusalem, certainly only heightened tensions and move actors away from further direct negotiations. And so, I would hope that the Israeli government would cease those so that we ultimately can get to a point that we can engage in some real effort to move forward on what will ultimately be I hope, a two state solution. But none of this can happen while violence has taken place. TAPPER: Let's turn to the ransomware attack on colonial pipeline, which has already raised gas prices here in the U.S., more importantly, raised questions about the integrity of cyber infrastructure in the U.S.

I asked the former director of the National Counterterrorism Center, Michael Leiter, yesterday about it. Take a listen to what he had to say.

(BEGIN VIDEO CLIP)

MICHAEL LEITER, NATIONAL COUNTERTERRORISM CENTER: The U.S. is really behind. We've got a patchwork of 50 states on privacy laws and various cybersecurity.

(END VIDEO CLIP)

TAPPER: Why is the U.S. so behind? And what is Congress doing about it?

MENENDEZ: Well, this is a critical issue. As a matter of fact, the Strategic Competition Act that I passed out of the Senate Foreign Relations Committee 21 to one has some significant provisions on the question of dealing with the cyber challenges.

And so, I think we have neglected the reality that the new frontier, in terms of conflict, will be through cyber. And whether that be by criminal elements as this one on colonial pipeline is supposed to be out of Russia or whether that be state sponsors of cyberattacks.

This is the new frontier. And we are behind the new frontier in developing a defense system, not only for pipelines, but our electrical grids and so much more. And we're going to have to work with the private sector as well to get them fully engaged and understand the stakes that they have in building up dramatically their cyber defenses.

TAPPER: Take a listen to President Biden, when asked if Russia should be held responsible for the small ware attack, the ransomware attack, take a listen.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: So far, there is no evidence based on from our intelligence people that Russia is involved. Although there is evidence that of actors ransomware is in Russia. They have some responsibilities to deal with this.

(END VIDEO CLIP)

TAPPER: What does Russia taking responsibility look like to you?

MENENDEZ: Well, if you have a criminal enterprise operating in your country and ultimately committing attacks on a foreign governments and or foreign companies and you do nothing about it, then you're complicit in it. [17:10:11]

You know, the Russian government has a responsibility within the international order to crack down on criminal enterprises within its own country. And they should certainly be cracking down on this criminal enterprise. Unless, in fact, they are allowing them to continue to operate, because it has collateral benefit to them. And so therefore, they have to be held accountable if that's the case.

So, in the first instance, I'd be calling upon the Russian government to prosecute, you know, this particular criminal enterprise. And then -- and if we end up prosecuting, as we have in others, to give us the individuals who we've prosecuted unlikely that they will do that, but we should demand that. And in the absence of either them prosecuting or allowing us to prosecute them, then there has to be consequences for a Russian government that allows criminal enterprises to act with impunity.

TAPPER: All right, Senate Foreign Relations Committee Senator Bob Menendez of New Jersey, thanks for your time today, sir.

MENENDEZ: Good to be with you.

TAPPER: Coming up, CNN gets exclusive access as Navy SEALs train allies in Eastern Europe to resist the Russians.

Plus we're expecting to hear from the family of Andrew Brown Jr. after they view more video footage of his death. That's ahead. Stay with us.

(COMMERCIAL BREAK)

[17:15:17]

TAPPER: In our health lead this afternoon, President Biden suggested there will be new guidance released soon for fully vaccinated Americans while acknowledging that his administration has been rather cautious to make sure they're getting it all right. Also today, the U.S. hit an important milestone vaccinating the first 12 to 15 year olds against the coronaviruses. CNN's Phil Mattingly now reports.

(BEGIN VIDEO TAPE)

BIDEN: We have to be more convenient for all Americans to get vaccinated.

PHIL MATTINGLY, CNN CONGRESSIONAL CORRESPONDENT (voice-over): President Biden expanding his push to bring vaccines directly to Americans.

BIDEN: Uber and Lyft are both going to offer everyone free rides to and from vaccination sites.

MATTINGLY: In a new effort to reach the goal of 70 percent of American adults with one dose by July 4, a partnership with ride sharing companies and with community colleges to vaccinate students, staff and the community. Biden in a virtual meeting with bipartisan Governor's signaling another shift geared towards incentives, changes to CDC guidance for the vaccinated.

BIDEN: I think you're going to see a more aggressive effort on our part to lay out that once vaccinated, it's not only you can hug your grandchildren, you're going to do a lot more.

MATTINGLY: Guidance that is created a growing sense of frustration that spilled over on Capitol Hill.

SEN. BILL CASSIDY, (R-LA): The American people just lost just lost patience with us, with you guys. I just asked you just kind of be aware of their frustration and get a little real time into updating these things.

MATTINGLY: The Biden administration now has a new boost to their vaccination efforts. The FDA giving emergency authorization for kids 12 to 15 to receive the Pfizer vaccine. With Biden's saying the move made "the light at the end of the pandemic tunnel a little bit brighter," as his top health officials urged parents to act quickly.

DR. ROCHELLE WALENSKY, CDC DIRECTOR: I recognize that there are some parents want to sort of see how it goes first, but I'm encouraging all parents to get their children vaccinated.

MATTINGLY: Still, as the U.S. sees the lowest case numbers in months, warning signs still blinking red across the rest of the world.

WALENSKY: We will not end this pandemic without working hand in hand with countries around the globe.

MATTINGLY: The White House still moving to clear the way for 10s of millions of doses to be shared worldwide. The administration even open to sharing vaccines with North Korea, sources say, but constrained by one clear principle.

BIDEN: I'm not going to shortcut the United States of America. I promise you, we're going to have enough vaccine for every single American. But we are going to be engaged in working with other countries because there are going to be a lot of variants that are going to be coming from other countries.

(END VIDEO TAPE)

MATTINGLY: Jake, the CDC advisory committee is expected to meet tomorrow for full approval of that emergency authorization for 12 to 15-year olds. That means as soon as Thursday, there will be a full rollout for those newly eligible individuals.

Expect the President to speak shortly thereafter, too, I'm told. The White House making clear, they want to make a major communications effort over the course of the next several days to make clear to parents it's safe to get your kids vaccinated. Jake.

TAPPER: All right, Phil Mattingly, thanks so much.

Joining us to discuss, CNN Chief Medical Correspondent, Dr. Sanjay Gupta. And Sanjay, we heard Biden -- President Biden suggests new guidance may be coming for folks who are fully vaccinated. He also admitted they've gone a little slower in loosening restrictions, because they want to make sure they get it right, they say. What do you think the new guidance should look like?

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: No need to wear masks outside. If you're vaccinated, you don't need to wear a mask inside. You know, if you're around people who are vulnerable, and you know, and not vaccinated, you got to be aware of that. I mean, it's not that complicated.

I mean, there are still vulnerable people out there. We've got a significant percentage of the country now vaccinated, but there's a lot of people who still aren't. It's improving.

I also think, you know, as we talked about the beginning of this pandemic, Jake, it's hard to paint the entire country with a single brushstroke. There are areas of the country where there's just simply more viral transmission still. About a third of the country would be classified as having high viral transmission. Only .6 percent, roughly of the country considered low viral transmission.

In those areas, it's just -- it's more likely, in the high areas, it's more likely for the virus to continue to spread. And so, their measures may loosen more slowly in those areas.

But Jake, overall, we're heading in a really good direction. We'd love to see 14 days in a row of decreasing case counts. We're not quite there yet, but really close.

TAPPER: The FDA authorize the Pfizer vaccine for kids 12 to 15. But there are still a few steps before the CDC formally recommends it. However, that doesn't mean that kids can't get vaccinated. We've seen today the first kids and 12 to 15 age group get vaccinated. What are you telling parents you know, should they get their kids 12 to 15 vaccinated as soon as possible or should they wait for the CDC formal guidance?

[17:20:05]

GUPTA: I think it's a little bit of a moot point because I think the CDC guidance is imminent. It's a bit of a formality. This is the actual immunization sort of recommendations that they have for people here, the vaccines you need at what ages. This is putting it into that schedule of vaccines. But it's an imminent deal. So, I see no problem in waiting.

I mean, I know that there were centers here even where I am in Georgia that we're starting to vaccinate people today. So, it's going to happen, vaccines out there. My kids are going to get vaccinated as soon as possible. I have three in that age group.

TAPPER: So, we've been talking about this now for longer than a year. The CDC is a cautious organization. The CDC doesn't even think that we should have rare steaks, because of the risk of eating raw or raw fish meat.

The CDC has been defending its outdoor mass guidance saying that up to 10 percent of COVID infections have occurred outside. But now we're told, now we're learning one of the leading experts on how viruses are transmitted. Tell CNN that that language is overblown, even misleading. Tell us more.

GUPTA: So the language is that up to 10 percent of the viral transmission could be occurring outdoors. I think the back and forth around this is that when they look at the studies that specifically inform those sorts of numbers, it's very hard to be clear that the cases that they cite in those studies actually occurred from outdoor transmission.

I think what most studies have suggested and you would have talked about for a long time now, Jake, is that the viral transmission outdoors is exponentially less likely than indoors, it's not even clear that there are documented cases, maybe a few documented cases where someone is really close face to face, and had viral transmission outdoors.

This virus doesn't like to be outside. It doesn't like the UV light. It disperses very easily in the outdoor environment. So, these are all, like, really important indicators. Didn't know that for certain at the beginning of the pandemic. But that is -- that is clear.

And it's why, I've said this, a lot of other people said this now, you don't need to wear masks outdoors for that reason. It's I know a lot of institutions are still changing their protocols on this. But the site, you know, and sometimes just as hard as it was to get people to start wearing masks, and maybe hard to get them to stop wearing masks. People err on the side of caution. But I think the science is pretty clear on this now, Jake.

TAPPER: So Sanjay, your new podcast episode features your amazing wife, Rebecca, and you talk about how the pandemic has up ended your lives. And Amanda (ph) makes it very insightful note, not surprisingly, that going through this pandemic has been a trauma for the United States. And it's OK if it takes some people longer to heal from what we've all been through.

GUPTA: Yes. You know that that's exactly right. That's how I'd frame it, Jake.

And the thing is that, I would recommend that you do a podcast with your wife, you know, just interview because, you know, we're together all the time. But you suddenly in the form of an interview, you ask questions that maybe you otherwise wouldn't have asked. And we were talking about my 15-year-old daughter and how hard this has been on her.

Take a listen.

(BEGIN VIDEO CLIP)

GUPTA: Are you optimistic that a year from now that she will have bounced back, you know?

REBECCA GUPTA, WIFE OF SANJAY GUPTA: I hope I mean, part of it is going to be us, you know, kind of trying to always give her that view that this is more of an interruption than a derailment. I keep trying to give her and all three of them more of that, and you too, that perspective than it was just an interruption, and to try to filter out, like you say, what was the good and to hold on to those things.

(END VIDEO CLIP)

GUPTA: We're in a process of recovery, Jake. I mean, we're not through this pandemic yet. But we are recovering. And these types of conversations about how families continue to come out of this, how societies do, really important.

You and Jen to try this. I'm serious, Jake, it's incredible to have these sorts of conversations with the spouse.

TAPPER: Dr. Sanjay Gupta, thanks so much.

Coming up next, the family of Andrew Brown Jr. has now seen more video footage of his death, but nowhere near all of the footage. Stay with us.

(COMMERCIAL BREAK)

[17:28:24]

TAPPER: In our world lead today, Russia continues to bully its rivals on land, sea and air. And as the Kremlin plays war games with Ukraine, the U.S., it's kind of caught in the middle on the possible Putin- Biden summit hangs in the balance. CNN's Senior National Security Correspondent Alex Marquardt got exclusive access to some of the most elite U.S. service members as Green Berets and Navy SEALs train European forces near the Black Sea where Russia and Ukraine are in a standoff.

(BEGIN VIDEO TAPE)

ALEX MARQUARDT, CNN SENIOR NATIONAL SECURITY CORRESPONDENT (voice- over): A team of U.S. Navy SEALs rifles drawn move quickly through the pitch black of a warehouse on the Black Sea.

Laser sights invisible to the naked eye, finding and taking out enemy fighters.

UNIDENTIFIED MALE: All right, two down, two down. All right, let's go.

UNIDENTIFIED MALE: Break up. Break up. Break up.

MARQUARDT: Tonight, the dead wounded and bullets are not real.

UNIDENTIFIED MALE: Hurry up. Hurry up.

MARQUARDT: But part of an elaborate series of NATO military exercises involving almost 30,000 soldiers from 26 countries. MAJOR GENERAL JOE JARRARD, DEPUTY COMMANDER OF THE U.S. ARMY IN EUROPE AND AFRICA: It's just showing everybody that we have a capability and we can use it when necessary.

MARQUARDT: CNN got rare access to some of the most elite U.S. troops in the world. Taking part in a unique training called Trojan Footprint that is across Eastern Europe, working the forces from Spain, Georgia, Romania, Ukraine and more.

It could not come at a more tense time for this region with Russia recently ratcheting up its aggression, sending tens of thousands of troops and a massive deployment of equipment to the border with Ukraine, prompting fears of an invasion and harsh condemnation from Europe and Washington.

[17:30:12]

Back in Romania, this display of strength and cooperation clearly hoping to send a powerful message.

DAVID MUNIZ, U.S. EMBASSY IN ROMANIA CHARGE OF AFFAIRES: When we are strong, when we are united, it has a real chilling effect on shall we say the kinds of things that could happen. And so, in this way, you cut down on the chance for mystery.

MARQUARDT (on-camera): Even as Russia pulls back some of its troops from the land border with Ukraine, they've been stepping up their activities out here in the Black Sea. Their warships have been carrying out exercises, they've been harassing Ukrainian vessels, and closing down parts of the Black Sea to other foreign ships as well.

(voice-over): The Navy SEALs lead the training in those waters. While Ukrainian soldiers practice alongside these American Green Berets, and faces we aren't allowed to show.

(on-camera): When you talk to troops from other countries like the Ukrainians, like the Romanians, how important do you think it is for them to feel that American support?

UNIDENTIFIED MALE: I think it's pretty significant. It shows that we're serious working in exercise like carbon footprint. It is important whether whatever is going on around the world.

MARQUARDT (voice-over): Which is why these massive exercises take place at sea, in the air, and on land.

UNIDENTIFIED MALE: (INAUDIBLE) 05 correction, 50 meters north, over.

MARQUARDT (voice-over): A dynamic display of partnership and firepower. Punctuating the loud message of a united front in troubling times.

UNIDENTIFIED MALE: So before one good hits target destroyed.

(END VIDEOTAPE) MARQUARDT: This military base belongs to NATO's newest and 30th member North Macedonia. They joined just last year, a small country in this growing military alliance that Vladimir Putin is determined to undermine. Two of the countries taking part in these exercises. Ukraine and Georgia are not yet NATO members, but they have been invaded by Russia in recent years. So that threat from Russia is very real. Everyone I've spoken with over the past few days has talked about the importance of expressing solidarity and strength. Jake?

TAPPER: All right, Alex Marquardt in North Macedonia for us, thank you so much.

In our money lead, gas prices the highest they have been in nearly six years, supercharged by panic buying in the wake of the cyber attack on a vital U.S. fuel pipeline. Demand is so high. Some stations are running out of gas. AAA reports the national average for a gallon of unleaded gas has jumped 7 cents in just the past week. It's nearing $3 a gallon after averaging $1.85 a year ago during the height of the pandemic. It's about a dime a gallon more than at this point in 2019.

CNN's Pete Muntean has more on the pain at the pump.

(BEGIN VIDEOTAPE)

PETE MUNTEAN, CNN CORRESPONDENT (voice-over): The latest problem caused by the colonial pipeline hack is panic at the pump with lines at some stations getting longer. The 5,500-mile pipeline supplies about 45 percent of all fuel used on the east coast.

UNIDENTIFIED MALE: Yes, it looks like they just ran out. They charged me 11 cents.

MUNTEAN (voice-over): Even though experts say the rush is not necessary for now. The White House insists there are no widespread fuel shortages, but that has not stopped people from buying gas fast. Oil analysts tell CNN that will lead to more than 1,000 stations running out of gas soon with the biggest impacts in Georgia and Tennessee. On Monday, demand jumped 40 percent in five states from Florida to Virginia.

BILL HOLTZMAN, PRESIDENT, HOLTZMAN OIL: It is a very serious problem right now.

MUNTEAN (voice-over): 84-year-old Bill Holtzman has spent his entire career distributing gas to stations in Virginia. But with the colonial pipeline, mostly offline, Holtzman trucks are now scrambling to fill up elsewhere. Holtzman says this colonial terminal in Fairfax, Virginia is now dry.

HOLTZMAN: Our goal is the not have any stations out of gasoline. And unfortunately, that's probably going to happen and that really bothers me.

MUNTEAN (voice-over): AAA says the price of a gallon of gas has shot up more than 7 cents in the last week. The new national average now more than $2.98 the highest in six years. Oil analyst Tom Kloza says with some stations now selling four times the norm, the national average will soon top $3.

TOM KLOZA, OIL PRICE INFORMATION SERVICE: When everybody scrambles, it's like everyone's scrambling to go through a revolving door. You have problems and we're seeing that behavior right now, it has spread like wildfire.

MUNTEAN (voice-over): It is a new damper on what the travel industry hoped would be the start of a rebound beyond just road trips. In Atlanta, the world's second busiest airport, says it is looking for additional fuel suppliers. American Airlines is even adding stops to a few of its longer flights unable to top off all the way. Energy Secretary Jennifer Granholm calls this a supply crunch rather than a gas shortage.

JENNIFER GRANHOLM, ENERGY SECRETARY: As there was no cause for, say, hoarding toilet paper at the beginning of the pandemic, there should be no cause for hoarding gasoline

(END VIDEOTAPE)

[17:35:09]

MUNTEAN: Here in Virginia, the Governor just declared a state of emergency even though about 7 percent of gas stations statewide are now without gas. Colonial says it can say tomorrow when it can turn the pipeline back on. But it could take a few days until fuel begins reaching terminals like this one in Fairfax. Jake?

TAPPER: One of the most important domestic stories going on right now. Pete Muntean, thank you so much. Appreciate it.

Coming up next, new details about what's on the tape. The family of Andrew Brown Jr. has now seeing more video footage of his death. Stay with us.

(COMMERCIAL BREAK)

TAPPER: In our national lead, moments ago, we heard from the family of Andrew Brown Jr. in Elizabeth City, North Carolina they just finished viewing a restricted amount of body camera video that shows the shooting death of the 42-year-old black man at the hands of deputies trying to serve him with a warrant on drug-related charges. The family is seeing less than 20 minutes of nearly two hours of footage because of a judge's order.

[17:40:09]

I want to go right to CNN's Jason Carroll who's in Elizabeth City. Jason, what is the family saying?

JASON CARROLL, CNN NATIONAL CORRESPONDENT: Well, the family is still speaking, Jake, at this hour. But the headline here is from the family attorney, Chance Lynch, who basically came out a few minutes ago and said based on what he has seen, he called it a, quote, unjustified shooting. Just to go over very quickly here what he saw, he says he saw six videos, one body cam video, in addition to -- or one dash cam video in addition to five body cam videos. Totaling about 20 minutes in length.

He said -- and this is very important -- he said at no point did he see officers standing behind Andrew Brown. He said also, at no point, did he see Brown make contact with the sheriff's deputies. And that's very important for several reasons. Namely because the district attorney overseeing all this, Andrew Wobbler, made it very clear that he said, according to what he saw on the tapes, he said that these officers open fire only after he said Brown's car had made contact with the deputies not once, but also twice.

So I want to listen -- I want you to listen in on what not only the attorney had to say, but Andrew Brown's son as well.

(BEGIN VIDEO CLIP)

KHALIL FEREBEE, SON OF ANDREW BROWN JR.: The video I've seen last week is pretty much the same as what I've seen today. Just a few more details. But he wasn't in the wrong at all. What's in the light -- what's in the dark when is going to comes to the light. He's going to be like that. He's going to get his justice because it wasn't right.

CHANCE LYNCH, BROWN FAMILY ATTORNEY: We were able to see Mr. Brown sitting in his vehicle as he was ambushed, and as the sheriff's office made their way to his residence, appearing to be surprised it appears that he was possibly on the phone. At all times, his hands were visible. At all times you can see that he was not a threat.

There was a shot fired. When the shot was fired, he put the car in reverse, putting several feet if not yards away from the police who were there. He turned his wheel to the left to turn it away from the law enforcement officers. At no point, did we ever see any police officers behind his vehicle? And no point, did we ever see Mr. Brown make contact with law enforcement?

(END VIDEO CLIP)

CARROLL: So Jake, what you really have here is you've got two, obviously, very different views of what happened on that tape. You've got the sheriff's view of what happened, you've got the family's view of what happened, which is why so many people out here in Elizabeth City are calling for the public to get an opportunity to review all of these tapes, calling on the judge to release these tapes to the public. That's something that's not going to come up for review for another couple of weeks. But until then, there are increasing calls for the D.A. to recuse himself and for a special prosecutor to step in and review this investigation. Jake?

TAPPER: All right, Jason Carroll in Elizabeth City, North Carolina, thanks so much.

Let's bring in CNN Legal Analyst Joey Jackson, as well as retired LAPD Sergeant Cheryl Dorsey. Joey, what's your reaction to what we just heard from the family and their attorney?

JOEY JACKSON, CNN LEGAL ANALYST: My reaction is that something is troubling. something is amiss. They, obviously, are very concern, Jake, with respect to what they saw, don't like what they saw. I heard words and listening to the press conference like execution, like firing squad, like murder.

I think it's incumbent upon the judge to release the tape so that everyone in the community and everyone in the -- our area of the community and in the country can make an assessment as to what occurred, final point. And that is that the prosecutor initially made certain representations with respect to the police conduct, being justified seemingly.

And then you have another narrative with the family attorney indicating it's not. I think it's important for everyone, the day and age we're in of accountability and transparency to see the tape, make judgments with respect to what the tape shows, and for if there is on justifiability here, as the family attorney's indicate, for whoever it is that is responsible or in the individual or collective to be held accountable for what occurred, and I think that needs to happen soon.

TAPPER: Sergeant Dorsey, what was your reaction? Do you think that what we just heard from the family and the attorney that anything is changing, anything should change?

CHERYL DORSEY, RETIRED LAPD POLICE SERGEANT: Well, we're hearing a competing narratives for sure, but it reminds me of a shooting of a young woman in Texas by the name of Genevive Dawes, who also was shot by an officer who was later acquitted of any wrongdoing as she was moving in an opposite direction from the officers.

[17:45:09]

And so the problem that I see for the family in getting justice is what is in the officers mind, what was his perception because while the family may think their loved one didn't pose a threat, great deference is going to be given to the threat, to the perception that the officers are going to put forth.

But more importantly, I think the family should get their wish in terms of the D.A. recusing themselves as well as the judge who reportedly was OK with the shooting of Trayvon Martin. And so to avoid any inference of impropriety both need to go.

TAPPER: Joey, the District Attorney said that deputies fired their weapons when Brown's car, quote, made contact unquote, twice, with one deputy, you know, but the lawyer just said they didn't see any footage like that at all, in fact, that brown turned his wheel to avoid hitting and also that he was driving way after the first shots were fired by the sheriff's deputy. Can you think of any reason why if the evidence is as the district attorney says, why they wouldn't show that to the family?

JACKSON: The answer is I cannot think of a reason. And I think it really, particularly now where you have tensions and flame, would be very helpful for people to evaluate it and make their own assessment. In any trial, not that we're there yet, in any investigation, we are there, there are going to be discrepancies, there are going to be different perspectives and point of view. But at the end of the day, I think people can make judgments for what

it shows for themselves. And we don't need to be narrated to by the District Attorney, the judge or anyone else. And so I think it's important final point. And I think it's also important in terms of the investigation to have an independent body look at this so that there could be trust with whatever conclusions are drawn and if there's any prosecution moving forward.

TAPPER: Joey Jackson and Sergeant Cheryl Dorsey, thanks to both you. Appreciate it.

Coming up next, new reporting about Congresswoman Liz Cheney's thinking as she faces of vote tomorrow to oust her from House Republican leadership for the crime of telling the truth.

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[17:51:44]

TAPPER: In our politics lead, House Republicans are likely to vote tomorrow to decide if Congresswoman Liz Cheney of Wyoming will be ousted from her leadership position after weeks of mounting tensions chaining (ph) in the GOP have been at odds over her denouncement of Donald Trump and the big lie. CNN's Jamie Gangel joins us now. Jamie, what are your sources telling you about this vote to purge Cheney from House Republican leadership tomorrow?

JAMIE GANGEL, CNN SPECIAL CORRESPONDENT: It's going to be very different from the February vote. I keep hearing from sources who are familiar with the delegation that they expect this vote to be lopsided. Last time it was --

TAPPER: Against her.

GANGEL: Against her. Last time it was 145 to 61. This time, they think it's -- she's not going to get 61 votes. So it's going to be very different. And what you're seeing is the Milwaukee Journal actually reported they went out -- spoke to the Wisconsin delegation of Republicans. our of the five, including Mike Gallagher who publicly supported her last time --

TAPPER: Yes.

GANGEL: -- are now voting against her.

TAPPER: Gallagher is voting against her.

GANGEL: Yes. So that gives you a sense.

TAPPER: What are top House Republicans saying about the vote?

GANGEL: So, I thought it was interesting. We've heard sort of the same banter, we heard from Kevin McCarthy, we're still a big tent. And then Scalise, the number two, he said this afternoon, it's not about right or wrong, it's about the focus of our conference. But the reality is that it's only about one thing. It's about Donald Trump's tent. It's only a big tent, I guess if you're Marjorie Taylor Greene or Matt Gaetz, but not if you're Liz Cheney. This is about one thing and one thing only. Donald Trump wants for God (ph).

TAPPER: I mean, Scalise says it's not about right or wrong, it's exactly about right or wrong, if you consider lies to be wrong, which I think most Americans probably do. How will this all play out procedurally? I think the vote last time in favor of Cheney, after she voted to impeach Trump was -- that was a secret ballot, I believe. What about this and how's it going to work?

GANGEL: So what's interesting is it was a secret ballot, but we knew the numbers at the end. This will start, I'm told, with yeas and nays, a voice vote. But someone, may be someone who wants to show how lopsided the vote is, could call for a secret ballot. Again, it requires five people to second that, it will be secret, but there will be numbers.

One footnote. Liz Cheney, tomorrow morning, is still the conference chair. She will be chairing this meeting. She will be calling it to order. And she may even be the person to call the vote that will oust her, which leader be awkward or a power of hour move of her own.

TAPPER: Well, they're purging her because she refuses to lie. So, she should keep that in mind just --

GANGEL: Right.

TAPPER: -- as objective fact that's what's going on. Jamie, thanks so much.

Coming up next, a decision on The Kentucky Derby winning horse that flunked a drug test will Medina Spirit be able to race this weekend. Stay with us.

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[17:59:30]

TAPPER: We have a sports lead for you now. Kentucky Derby winner Medina Spirit will be allowed to race in Saturday's Preakness Stakes. This follows a new explanation for the horse testing positive for a banned substance after the Derby. Today, the horse's trainer Bob Baffert said at the recommendation of a veterinarian, Medina Spirit is being treated for dermatitis with an ointment that contains the banned substance. Meaning, he claims, it was not illicitly injected.

Finally, today, in our pop culture lead, I have a new novel and it's out in bookstores today. "The Devil May Dance" takes place in 1962 Rat Pack Hollywood. It features Charlie and Margaret Marder, the heroes from my previous effort, "The Hellfire Club". If you're interested, you can also order an autographed copy at JakeTapper.com.

Thanks for indulging me. Our coverage continues now with Wolf Blitzer right next door in "THE SITUATION ROOM."