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The Lead with Jake Tapper
New Report: "Clear Patterns" Of Humanitarian Law Violations In Ukraine; Mariupol Mayor: 180,000 People Waiting To Evacuated; New Satellite Images Show Russia Moving On Eastern Ukraine; Biden: "Yes, I Called It Genocide. The Evidence Is Mounting"; NYPD: Subway Shooting Suspect Arrested. Aired 4-5p ET
Aired April 13, 2022 - 16:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
STEPHANIE ELAM, CNN CORRESPONDENT: So, you see that there's a struggle. And at one point, it does look like he was holding on to the Taser there.
ALISYN CAMEROTA, CNN HOST: Okay. Stephanie Elam, thank you very much for all that reporting and sharing with us. Obviously, we'll follow that.
VICTOR BLACKWELL, CNN HOST: Thanks, Stephanie.
THE LEAD WITH JAKE TAPPER starts right now.
ANNOUNCER: This is CNN breaking news.
JAKE TAPPER, CNN HOST: I'm standing out on a rooftop looking out on Lviv on day 49 of Russia's brutal and bloody invasion of Ukraine. I'm Jake Tapper. Welcome to the special broadcast of THE LEAD. We're live from western Ukraine.
An interpreter held in captivity for nine days by the Russians, beaten, tortured, starved and subjected to a mock execution. A mother raped multiple time by a drunken Russian soldier in the presence of her small child. An elderly couple, shot dead by Russian soldiers while trying to escape their village by car.
Just hours after President Biden first used the word "genocide" to describe Russian atrocities, a new report finds, quote, clear patterns of international humanitarian law by Russian forces here. Experts from the Organization for Security and Cooperation in Europe, or OSCE, say they found credible evidence suggesting violations of, quote, even the most fundamental human rights have been committed.
Another horrifying example, dozens of local officials, activists and journalists being abducted by the Russians and forcibly disappeared. The whereabouts of many of those detained, still unknown.
The report also cites many well-documented cases of the use of cluster munitions, rockets or bombs that hold dozens of smaller bombs inside and are designed to discharge over a wide area, inflicting as much damage as possible. This new video posted to social media shows what appear to be cluster bombs exploding in civilian area of Kharkiv in the east. You can see at least four explosions, seconds apart, spreading about 90 meters across a roadway, and another blast moments later.
Farther east, new satellite images show ground forces redeploying and moving into eastern Ukraine. The Donbas region in the southeast now bracing for a major Russian offensive. The Russian military also threatening today to strike Ukrainian decision making centers, such as the capital of Kyiv.
President Biden and Ukraine's President Zelenskyy spoke today. Biden pledging in that call to send a new round of military resistance to Ukraine, to the tone of $800 million. It is not yet clear if Biden's declaration of genocide in Ukraine, which he offered as a personal opinion, not a legal ruling, will trigger any changes to U.S. policy.
CNN's Phil Black joins us now live from Kyiv.
Phil, I want to start with this new report from OSCE. The report says violations occurred on the Russian side but also on the Ukrainian side. What are you learning?
PHIL BLACK, CNN INTERNATIONAL CORRESPONDENT: Well, Jake, this 110- page report essentially backs up much of what we've been witnessing in this war so far. It has found widespread violations of international human and humanitarian rights law. And indeed, as you pointed out list a number of instances, along list of instances that could be considered war crimes.
It specifically talks about Russia violating its obligations through its widespread attacks on, and disproportionate attacks on a large number of civilian targets and infrastructure. And the greatest civilian death toll that those caused and it specifically talks about other violations that have taken place behind Russian lines. So, killings, torture, disappearances, other degrading and inhuman treatment.
You are right. It does point out the Ukrainian violations as well, although it specifically says the Russian violations are of a nature and scale that is much larger. The Ukrainian violations largely relate to the illegal treatment of Russian prisoners of war.
This was not an exhaustive investigation. Time was limited. Access on the ground was limited. The Russians didn't cooperate. But it is a report that begins to process documenting many of the crimes, the inhuman behavior that is taking place in Ukraine in recent weeks, Jake.
TAPPER: I thought the Russian military today threatened to strike Ukrainian, quote, decision making centers, including where you are, the capital of Kyiv. How seriously are Ukrainian officials taking that threat?
BLACK: Given everything that Russia has already done in this country, Ukrainian officials have no reason to doubt Russia's will and intent to follow through with that threat. The threat comes and will follow, it says, if Ukraine continues to plan attacks, or sabotage against Russian targets on the soil of the Russian federation. It says it has evidence that Ukraine is continuing to do this.
Now there has been one high profile example of such an attack, Russia accusing Ukraine of destroying a field depot in the city of Belgorod a few weeks ago.
At the time, the Ukrainian officials refused to confirm or deny. One theory at the time for Ukraine's reluctance to discuss the details of that alleged attack was the possibility that it could trigger an escalation. That Russia could strike back. Now, the Russian military is saying very publicly, very explicitly that that is exactly what it will do if Ukraine continues to even think about launching strikes like that on the territory of the Russian Federation, Jake.
TAPPER: All right. Phil Black reporting live for us from Kyiv, thank you so much.
The mayor of Mariupol says 180,000 people are waiting to be evacuated from that besieged city. We should note, no humanitarian corridors were open today because Russian forces were blocking the evacuation buses.
As CNN's Matt Rivers reports for us now, that against all odds, the Ukrainian resistance is putting up a bitter fight for every inch of Mariupol.
MATT RIVERS, CNN CORRESPONDENT (voice-over): Weeks after Russia began an offensive bombardment to take the city and still Ukraine's government says Mariupol has not yet fallen. The key port on the southeast port of Ukraine increasingly a symbol of both Ukrainian resistance and Russian military goals.
Ukrainian officials are holding up the city as a symbol of a heroic fight, with an aide to President Zelenskyy saying on Facebook that two different units defending Mariupol have managed to link up and continue their fight. One of those units releasing a message saying, they, quote, did not give up their positions.
And now, there are accusations from the Ukrainians that Russia has used chemical weapons here.
MAYOR VADYM BOICHENKO, MARIUPOL, UKRAINE (through translator): The day before yesterday, the Russian troops attempted to strike our city with a so-called chemical attack. They tried to drop a chemical agent on our defenders. The agent did affect our defenders and there's evidence of the number of people living in the settlements on the outskirts in Mariupol were also affected.
RIVERS: President Zelenskyy accusing Russia of using, quote, "phosphorus bombs and other munitions prohibited by international law". The U.S. as well as CNN teams on the ground have not yet verified that
such an attack did indeed occur. No conclusive imagery has surfaced and Russia denies even having chemical weapons, but chemical weapons are not the destruction in Mariupol has been devastated. The mayor said more than 90 percent of the city's infrastructure has been damaged or destroyed, and officials say Russian forces have cut off crucial supplies, including water and food.
PAVLO KYRYLENKO, MILITARY GOVERNOR OF DONETSK REGION: We are currently discussing 20,000 to 22,000 people dead in Mariupol.
RIVERS: Meanwhile, Russia has engaged in an intensive propaganda campaign saying it is close to what would be its first major Ukrainian city since the war began.
IGOR KONASHENKOV, RUSSIAN MINISTRY OF DEFENSE (through translator): As a result of the successful offensive actions of the Russian armed forces and the police units of the DPR, 1,026 Ukrainian military personnel of the 36th marine brigade willingly laid down their arms and surrendered.
RIVERS: The Russian military also taking some reporters on a tour of the now destroyed theater where hundreds of people had been sheltering when it was hit by a Russian air strike last month, according to Ukrainian officials.
UNIDENTIFIED MALE (through translator): You can see for yourself what the situation in the city is. There are a lot of dead people.
RIVERS: For those still alive, a hellish landscape persists. Ukraine's government says about 180,000 people in and around the city still need to be evacuated. So far, many have not been able to do so.
RIVERS (on camera): And, Jake, I think we just need to highlight what the Ukrainian government is saying. You're talking about an unknown death toll at this point in terms of the exact number but they're saying thousands and thousands of people have been killed in Mariupol and they're still trying to understand the overall scale of what is happening.
TAPPER: I know, it's horrific. And since the humanitarian corridors remain locked, is there any way to help the 180,000 people still there?
RIVERS: In an effort that has any sort of scale, no. I mean, the simple answer is no, and it's just horrifically unfortunate for the people that are there.
Not only is it difficult to get out of that city, but getting to another city, for example, like Zaporizhzhia, there's an increased number of Russian check points that have been set up between two cities. Even if people can get out of Mariupol, which is incredibly difficult, just getting to the next city down the line to be safe is also fraught with peril. TAPPER: Matt Rivers, thank you so much. Appreciate it.
Joining me now to discuss, retired Air Force general and former NATO supreme allied commander, Philip Breedlove. He's also the distinguished chair of the Middle East Institute.
General, thanks for joining us.
Let's start with these satellite images of the Russian ground forces deploying, moving into Eastern Ukraine, armored vehicles, troops, with tents, and support equipment, personnel carriers, artillery. What do you anticipate is Russia's next move in the east?
GEN. PHILIP BREEDLOVE (RET.), U.S. AIR FORCE: Well, thanks for having me on.
This is a concerning development. The forces are coming from the north. They took a whipping in the north and now they'll learn from that and I think better be prepared.
They had some command and control problems. You've heard that a new commander has been put in charge. And that I think will bring more singular focus to what they're going to do.
And finally, you know, now we're going to have armored forces in terrain that is much more friendly to armored forces. And in the northern part of the country, there was a lot of places where things like Javelins and NLAWs were able to strike at armored vehicles. It's going to be a little harder to get close enough to do that in the south. This is something we're going to have to watch.
TAPPER: So a spokesman for the French military says Putin is preparing for a large scale offensive to conquer the entire Donbas region. What does that mean for the Ukrainians who live in the Donbas region?
BREEDLOVE: Well, if we look at what happened in the north, in those cities in the north, it is not good. If the butchery that happened in the north of Ukraine is carried on even more in the south, it is not good for those residents.
We really may not know what has happened in Mariupol for some time. But if it is the continued war crimes and butchery of the north, this is not going to be good for the people of Ukraine.
TAPPER: President Putin said this week, his main goal is to take control of the Donbas. If he does indeed succeed in that goal, do you think he will stop there?
BREEDLOVE: No, I do not. I think over the last several days, you've started to hear some new stories about the Nazi influence in Moldova. I believe if Mr. Putin is able to have some success in the south, and he is able to advance maybe toward Odessa, if not taking Odessa, and he doesn't, he isn't opposed by the Western world, then I do not believe we're done in Ukraine.
TAPPER: Here you're referring to the propaganda they say, the Russian propaganda suggesting that Moldova is run by Nazis the same as they say by Ukraine. It's not true. It's insane.
Finland published a report today that included an assessment of the country possibly joining the NATO alliance. The report outlines the most significant effect of the possible NATO membership would be that Finland would be part of the NATO's collective defense and be covered by the security guarantees enshrined in Article Five, which is of course an attack on one is an attack on all.
How will this be viewed in Moscow and how do you anticipate Putin would respond?
BREEDLOVE: Well, if we remember the two documents Mr. Putin gave us and told us to sign before the war, or there would be other means, we now understand what that means. What he was trying to do was move NATO back and move NATO weapons off his borders. And for sure, get America out of those border areas.
And now, what Finland is proposing will put another strong military on his borders in the NATO camp. And may I just pay huge compliments to the Finnish military who are extremely compatible with NATO forces. They have exercised with us at incredibly high levels. And this is an army that is prepared to almost immediately match the tactics, techniques and procedures of NATO.
So it would be a great thing for the men and women of NATO and the nations of NATO. And we are also cognizant of a process by which the Finnish people make these decisions and we respect the way they do it.
TAPPER: The Biden administration promised some $800 million additional dollars in new security assistance. That brings the total aid from the U.S. to more than $3 billion since President Biden took office. A tremendous amount of money, but I also have to ask, is that enough?
BREEDLOVE: Well, let's say right up front, we are thankful for what America's Congress and America's administration is doing. We're thankful for the things they're getting them.
But the measure of merit is not how much money we put in this. The measure of merit is, are we getting them the right things? What they are asking for? What they need.
So we'll take a hard look at this $800 million that is being brought forth. The fight in the south is going to be different. It's going to favor armored capabilities. So are we getting to Ukraine the kind of equipment they need to fight that? Again, NLAWs and Javelins are always useful but they're going to be less useful in the south because it is open -- more open terrain which length itself to the force that Russia is going to bring to the fight.
[16:15:07] TAPPER: Former NATO supreme allied commander, retired Air Force General Philip Breedlove, thank you so much, sir. Always good to have you on.
There is evidence that Russia's pivot to the east has already started. CNN teams are in the region as Ukrainian forces form a new frontline. We'll bring you that.
Plus, New York City today, the trail of evidence that helped police track down the man they say was behind yesterday's brutal subway attack.
Stay with us.
TAPPER: Now, we're back with our world lead.
Putin's troops were not physically, nor were they mentally ready for this war, according to a pentagon official. Now Russia is regrouping and resupply with a renewed focus on eastern Ukraine.
As CNN's Ben Wedeman reports for us now, some town's people in Ukraine are standing their ground and preparing for this new Russian assault.
BEN WEDEMAN, CNN SENIOR INTERNATIONAL CORRESPONDENT (voice-over): All is not quiet on Ukraine's eastern front.
Not far from the town of Barvinkove, Russian mortars warn of what's to come.
Ukrainian officials say the offensive in the Donbas region, the eastern part of Ukraine has begun. Perhaps it has.
Or perhaps this is the softening up before the onslaught. Among Ukrainian troops, bravado.
This officer gives a more sober assessment. The Russians are building up for an attack.
They're coming and coming and coming, Lieutenant Leonid tells me. We're not in an easy situation.
Russian shelling Tuesday killed three people including a 16-year-old girl, according to the town mayor, who has been urging residents to leave.
Not everyone heeds his call. The stubborn few wait for supplies.
This is our town, insists Galina. We're staying here. We know our soldiers are protecting us.
Lyudmila looks to a higher power. We'll pray to God, she says. Maybe he will save us all.
Eighty-three-year-old Yelizaveta sits outside her home. She, too, is staying put.
My son's wife is scared and will probably leave today, she says. But I am not afraid. And then off she goes on her bicycle, gathering storm be damned.
WEDEMAN (on camera): And we were in Barvinkove for two days, today and yesterday. Yesterday, there was some shelling. Today, there was a lot more. According to town residents, the intensity is growing every day.
Of course, they are anticipating this Russian offensive. And the mayor there and the mayor here, in this town of Kramatorsk, have the same problem. They're urging everyone to leave now but many people are not -- Jake.
TAPPER: Ben, what do you see in terms of preparations for the Russian offensive beyond what you just said?
WEDEMAN: There are intensive preparations ongoing. We've seen a lot of land mines being laid, trenches being dug. More troops and armor heading to the front and behind the front. So, certainly, the Ukrainians are preparing and preparing fairly intensively for what many people fear is going to be this offensive.
And of course, that town Barvinkove is really the first stop if the Russians attack from the north. The expectation is it will be a pincer movement. And of course, this city, Kramatorsk, is right in the middle of that -- Jake.
TAPPER: Ben Wedeman, thank you so much. Appreciate it.
President Biden now using the term genocide to describe Russia's invasion. That word choice is not sitting well with a loyal U.S. ally.
Stay with us.
TAPPER: Continuing with our world lead, there is global reaction today to President Biden for the first time describing what Vladimir Putin and his troops are doing here in Ukraine is genocide. After the president used the word in a speech yesterday, reporters asked him if he meant it. Here is part of his answer.
(BEGIN VIDEO CLIP)
JOE BIDEN, PRESIDENT OF THE UNITED STATES: Yes. I called it genocide. The evidence is mounting. More evidence is coming out of the, literally the horrible things that the Russians have done in Ukraine. (END VIDEO CLIP)
TAPPER: We're joined now by David Scheffer from 1997 to 2001, he was the first U.S. ambassador at large for war crimes issues and led the U.S. delegation to the United Nations talks establishing the International Criminal Court. He's also a senior fellow at the Council on Foreign Relations.
Ambassador Scheffer, thanks for joining us.
Let me put up the definition of genocide. It includes a mental element. An intent to destroy in whole or in part a national, ethnic, racial or religious group, and that's couple with one or more physical elements, killing, causing serious bodily harm or mental harm, deliberately inflicting conditions calculated to bring about a group's physical destruction, preventing births and transferring children to members of another group.
So what do you think? Has Vladimir Putin checked enough boxes here for this to be genocide?
DAVID SCHEFFER, FORMER U.S. AMBASSADOR-AT-LARGE FOR WAR CRIMES ISSUES: He's actually checking all the boxes, Jake. The evidence is still coming in. International lawyers, myself for quite a number of days now saying that the red lines of genocide are being approached very, very quickly.
You know, first, we were able to determine war crimes as a crime by the Russian military. Then, crimes against humanity because of the widespread systematic assault on the civilian population. And now, because this is an attack against a protected group under the Genocide Convention, which is the Ukrainian national people, with millions fleeing, including a clear assault on children, and also, forcible deportations, you have to start talking about genocide.
Now, that doesn't mean we know who has the specific intent to commit genocide. But we are seeing the indicators of genocide. And I think president Biden was perfectly in his lane, the right lane as a political leader to call this out.
You know, let me just say, Jake, that under the Genocide Convention, our obligation as a state party is to prevent and punish genocide. It is not possible to prevent genocide unless you call it out early enough to do so. You can't wait five or ten years for a report to say it is genocide.
So there is a distinction between a political judgment on genocide and the ultimate legal judgment on genocide.
JAKE TAPPER, CNN HOST: So, let's talk about this intent aspect that you just talk about, because experts say, as you know better than I, say intent is the hardest element of this to prove. It is easy to see what the Russians are doing. Do they intend to be committing genocide? President Biden said it is becoming clear that Putin is trying to wipe out even the idea of being Ukrainian. Does that count as intent?
SCHEFFER: It can be an inference of intent. That's what you determine in a tribunal. When it comes to the law enforcement genocide, there is a way to show that inference is demonstrated by the circumstances, including the statements being made by political leaders. You put all of that together and the inference is there, even if you don't have a document that says literally, it is my specific intent to destroy all or part of this group.
Obviously, you're not going to have this kind of document. But cases are proven in a court of law with inferences and with other statements that get you very close to an expression of specific intent. I think at this moment. So has been said from Moscow, from the Kremlin, from Mr. Putin himself, that is so self-incriminating that we really should be talking about the seriousness of each category of atrocity crimes, war crimes, crimes against humanity and genocide. They're all coming together now.
TAPPER: Biden also said he would let the lawyers decide which seems to suggest the U.S. is not ready as of right now make a formal declaration of genocide. The U.S. State Department would do that.
What legal obligations would such a declaration trigger for the international community? I am reminded it was only last month that the U.S. formally declared that Myanmar's committed genocide against the Rohingya.
SCHEFFER: I think it's sort of canard, Jake, to say, which is a common argument, that we have to say that we have to have an official designation by our government of genocide before we fulfill our obligations under the genocide convention. Wrong. Because if you wait for that, then you wait for years.
We just came out in the U.S. government with a determination of genocide against the Rohingya in Myanmar, which was the ethnic cleansing campaign of 2017. That's five years ago. And we just came out with the lawyers' determination that that, too, was genocide.
So how do you responsibility to this in real-time if you have to wait for an official designation? Of course, it is very important to get that and courts will want that. They will look to that as evidence that can be presented in a court of law against a particular individual, or in the international court justice against, for example, the country of Myanmar and the Rohingya. But we can't kind of go down these rabbit holes of denying ourselves the ability to enforce the Genocide Convention.
TAPPER: Yeah. The worldwide reaction was interesting. President Zelenskyy sent out a tweet thanking the president. Russia, of course, called it unacceptable. French President Emmanuel Macron, who's on a middle of a reelection effort, he rejected using the term genocide. He said he's not sure escalated rhetoric stops the war or rebuilds peace. What did you make of that?
SCHEFFER: Well, with all due respect, I mean, the situation in Ukraine is so unbelievably escalated at this stage, I don't see how you can escalate it further with language which quite frankly is fairly accurate. You know, it took us a while to all say, oh, yes, it's war crimes. And then it took a while to say yes, it's crimes against humanity. Now it is taking a while to say it's genocide.
I always like to say from the very beginning, it is atrocity crimes and you have to respond to it. Whether it's a war crime, crimes against humanity or genocide, we must respond in order to try to stop it. These are the lives of hundreds of thousands and million of people at stake.
You cannot hold hostage effective policy making with a definitional joust about whether it is genocide or crimes against humanity. The French are doing this in NATO. You respond to the atrocity crimes.
TAPPER: And what should the response be beyond what we're doing? I mean, The U.S. and NATO have had a very strong response in terms of sanctions, in terms of aid to Ukraine, a new package announced just today, or yesterday, of economic aid. More, I'm guessing, needs to be done including cutting off Russian fuel so that Putin doesn't have money to fund this. What do you recommend?
SCHEFFER: Well, first of all the genocide convention does not require us to do more than what we are doing which is an enormous amount. NATO is doing an enormous amount. There is no clear line drawn between putting boots on the ground and providing munitions and armaments and everything else to the Ukrainian army.
So it is a fairly phenomenal response to what is during in Ukraine. But I think I would sum it up. It is a long argument but I think I would sum it up by saying, we sort of need to resurrect the concept of a humanitarian intervention under international law and not be strapped to the bench by the U.N. Charter that requires the security council resolution under Chapter 7.
When you have this kind of agony going on, with millions of people at stake, there is a rationale for actually responding not only with a humanitarian intervention that could be effective but one that resurrects within the U.N. charter the concept of collective self- defense. Ukraine has the right to call for collective self-defense. And NATO is doing that, to some extent, NATO countries, I should say. But at some point you have to determine, to what extent is the carnage going to continue without a more robust response on the ground?
TAPPER: Yeah. Ambassador David Scheffer, thank you so much for your time and expertise, as always.
Ahead from New York, how a single tip helped lead to today's arrest of the man police say was responsible for the horrific New York subway shooting yesterday.
Stay with us.
TAPPER: We have some breaking news for you in our national lead.
The Brooklyn subway shooting suspect has been captured. Moments ago, we saw the 62-year-old Frank James being transported in police custody.
Earlier, video captures the moment he was arrested by New York patrol officers. The New York police commissioner says the officers were responding to a Crime Stopper's tip and he was taken without incident.
Investigators say James is the gunman who fired 33 shots at morning commuters yesterday around 8:25 a.m. in Brooklyn. Five of the victims were children on the way to school. The motive for the attack has not been officially revealed, but as CNN's Shimon Prokupecz reports, police are investigating multiple racist and rambling videos the suspect posted on YouTube, including one in which he discusses his desire to kill.
MAYOR ERIC ADAMS (D), NEW YORK: My fellow New Yorkers, we got it.
SHIMON PROKUPECZ, CNN CORRESPONDENT (voice-over): Frank Robert James, the suspected gunman who opened fire on a subway train in Brooklyn, Tuesday, now in custody.
Patrol officers arresting James walking the streets in New York City's East Village today.
KEECHANT SEWELL, NEW YORK CITY POLICE COMMISSIONER: Officers in response to a crime stopper's tip stopped Mr. James at 1:42 p.m. at the corner of St. Mark's Place and First Avenue in Manhattan. He was taken into custody without incident and has been transported to an NYPD facility. We hope this arrest brings some solace to the victims and the people of the city of New York.
PROKUPECZ: The 62-year-old talked about violence and mass shootings and multiple rambling videos posted on YouTube including this one uploaded on Monday.
FRANK ROBERT JAMES, SUSPECT: I've been through a lot of (EXPLETIVE DELETED), where I can say I want to kill people. I wanted to watch them die right in (EXPLETIVE DELETED) front of me. I thought about the fact, hey, I don't want to go to (EXPLETIVE DELETED) prison.
PROKUPECZ: In other videos, James said he had PTSD and ranted about race, homelessness and New York City Mayor Eric Adams.
Adams telling CNN today --
MAYOR ERIC ADAMS (D), NEW YORK CITY: Why aren't we identifying these dangerous threats? Why aren't we being more proactive? Instead of waiting for this to happen?
PROKUPECZ: The videos also giving insight into James' path to Brooklyn. Leaving his home in Milwaukee on March 20th, James said he was heading to the, quote, danger zone. He then stopped in Ft. Wayne, Pittsburgh, and Newark before arriving to Philadelphia on March 25th.
Police initially named James a personal of interest because they found a credit card and keys to a rented U-Haul van at the scene. Later tracking down the vehicle where sources say it appeared he may have spent the night.
James rented the van from this Philadelphia store on Monday. Investigators also linking the gun found at the scene to a purchase by James, sources say. And authorities have tracked the purchase of a gas mask to James through an eBay account.
We are now learning more about the victims.
HOURARI BENKADA, NEW YORK CITY SUBWAY ATTACK VICTIM: I was sitting right next to the shooter.
PROKUPECZ: Benkada was shot in the back of his knee, trying to flee the scene.
BENKADA: This lady was pregnant, yelling help. Everybody was pushing. I'm thinking a smoke bomb. I grabbed her from the back so she don't get shot in the back. She was pregnant. A lot of people kept rushing. That's when I got shot in the leg.
PROKUPECZ: Police say James shot a total of 33 rounds in the crowded car before his gun jammed. Five of the injured were children on their way to school.
PROKUPECZ (on camera): And, Jake, in another bizarre twist, we're now learning from law enforcement officials that Frank James called in on himself. Officials telling us, that Crime Stop tip they received that ultimately led to his capture, he called in on himself. That's how police were able to found him.
He is expected to be in court later tonight or tomorrow. He's facing federal charges, Jake.
TAPPER: All right. Shimon Prokupecz on the scene in Brooklyn, thanks so much.
And just in moments ago from Michigan, authorities released video of a deadly encounter with a black man shot during a police traffic stop. What investigators are saying about this case? That's next.
TAPPER: Breaking news in our national lead. Growing tensions amid protests and rallies in Grand Rapids, Michigan, after the death of Patrick Lyoya. A 26-year-old Black man shot during a traffic stop nine days ago. Police say Lyoya was killed after an officer's gun discharged in a struggle. But the family claims he was killed execution style.
Moments ago, police released cell phone video of their encounter with Patrick. We want to warn you, the video is disturbing.
(BEGIN VIDEO CLIP)
POLICE OFFICER: Drop the Taser!
(END VIDEO CLIP)
TAPPER: Omar Jimenez is live for us in Grand Rapids.
Omar, you were in the room as police wrapped up the press conference just a short while ago. What are they saying after the release of the footage?
OMAR JIMENEZ, CNN CORRESPONDENT: Well, Jake, frankly, they're calling this a difficult day. Leading up to what you just saw play out on the screens, police say they pulled over the vehicle for mismatched plates and registration, though they wouldn't say why they were standing them in the first place.
As soon as Patrick Lyoya is pulled over, he's seen outside the car. There is a discussion. Lyoya starts running, the officer tackles him to the ground and they're struggling for a matter of minutes. The officer tried to deploy his Taser twice over the course of this, and Lyoya is seen trying to grab that Taser. They're up, they're down, and then they go for the final time, those moments that you just saw play out.
The final words we heard from the officer are "drop the Taser". And then a single gun shot. The officer gets up. Lyoya doesn't.
Now, the central questions here become what prompted this officer to pull out his weapon? And the officer is seen on top of Lyoya while he is face down. I asked the police chief, what was the officer, what is the officer trained to try and do in that situation? Take a listen to what he said.
(BEGIN VIDEO CLIP)
CHIEF ERIC WINSTROM, GRAND RAPIDS POLICE: Typically, the answer is you try to place him in custody. You try to secure that individual.
The question is, with the use of force on, policy, I won't comment only. The defense will be whether the view of reasonable police officers, whether that deadly force was needed to prevent death or great bodily harm to that officer. That's the test for the policy.
(END VIDEO CLIP)
JIMENEZ: Again, the question is what prompted that officer to pull out the gun, and if it was the Taser, whether the Taser prompted a threat or rose to the threshold of great bodily harm or death, Jake.
TAPPER: What's the next step in the process for this officer whose gun discharged, as the police are putting it?
JIMENEZ: Well, we've got a lot of things happening moving forward. One, we're seeing protests over the last few days and the city is preparing to see some of them over the next few days. Police have called for them to be peaceful.
Governor Gretchen Whitmer has confirmed that there is an ongoing investigation at the state level as police typically take over these types of shootings. She also mentioned she and her lieutenant governor have also spoken with the Lyoya family, offering their condolences. On the procedure portion of this, after that independent state investigation is over, it is referred to the county prosecutor for potential charges or back to the police department for disciplinary procedures.
Should I mention, he is on paid leave at this point, stripped of police powers, Jake.
TAPPER: All right. Omar Jimenez in Grand Rapids, Michigan, thank you so much. Appreciate it.
Coming up next, more teams on the ground in Eastern Ukraine and forced to retreat as Russian troops almost close them in.
Stay with us.
ANNOUNCER: This is CNN breaking news.
TAPPER: Welcome back to this special broadcast of THE LEAD live from western Ukraine. I'm Jake Tapper and I'm standing on a roof top looking out on Lviv on day 49 of Russia's brutal invasion of Ukraine.
We begin this hour with a grim look at the besieged Ukrainian port city of Mariupol. New video shows Russian forces on the street appearing to be well-equipped and well-trained. We should note, this is not CNN. We are not in Mariupol.
And now, Ukraine says the last two Ukrainian units there are joining forces in hopes to bolster their resistance against the Russian offensive. The mayor of the town says about 180,000 people are still waiting to flee and no evacuation quarters were open as Russian troops allegedly created a dangerous situation along the routes.