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Ukraine Declares Russian Invasion Genocide; Dozens Injured In Jerusalem Clashes; Russian Warship Sinks, Ukraine Claims Missile Strike; Ukraine: Russian Adding Forces, Training Unites In Donbas; Top International Prosecutor: "Ukraine Is A Crime Scene"; Sweden And Finland Edge Closer To Applying To Join NATO; Ukraine: 2,500+ Evacuated Through Humanitarian Corridors; Europe Struggling To Accommodate Mass Influx Of Refugees; Germany Impounds Oligarch's Superyacht; Ukraine Seizes Oligarch And Putin Ally's Assets; Putin: Banning Russian Energy Will Impact Global Economy. Aired 2-3a ET

Aired April 15, 2022 - 02:00   ET

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


[02:00:15]

ANNOUNCER: This is CNN Breaking News.

JOHN VAUSE, CNN INTERNATIONAL ANCHOR: Hello, and welcome to our viewers in the United States and around the world. I'm John Vause, live in Lviv, Ukraine.

Now, the country has formally declared Russia's invasion to be genocide. In a moment, I'll speak with one Ukrainian lawmaker about why and what difference will it make?

MICHAEL HOLMES, CNN INTERNATIONAL ANCHOR: And I'm Michael Holmes coming to you live from-- in Atlanta.

Following the days other top stories, we're following a violent clash in one of Jerusalem's holiest mosques during one of the holiest weeks in religion.

VAUSE: We begin with what some are calling a humiliating defeat for Vladimir Putin's military, the sinking of the Moskva. Russia's flagship guided missile cruiser in the Black Sea. Sources tell CNN, U.S. and Western intelligence believe Ukrainian claims that it hit this ship with Neptune anti-ship missiles. Russia says it sank while being towed to port for a fire onboard ignited munitions.

Ukraine's National Security Adviser called the attack a very important mission but there would be more to come. CNN's Matthew Chance, two of the Moskva when it was deployed of Syria in 2015.

MATTHEW CHANCE, CNN SENIOR INTERNATIONAL CORRESPONDENT: The nice sunken flagship of Russia's Black Sea Fleet, the Moskva was always about intimidation and delivering a blunt message from the Kremlin, whether it's Ukraine or elsewhere.

Well, this is an extremely impressive bit of military hardware out here in the Eastern Mediterranean. When we went to board this once powerful symbol of Russian naval power off the Syrian Coast in 2015, the ship's captain told me, they deployed on the personal orders of President Putin. Furious, a Russian aircraft had been shot down by Turkey just weeks before.

UNIDENTIFIED MALE (through translator): The Moskva bristling with its missiles is a threatening weapon, the captain.

CHANCE: The loss of this war firepower now, which we witnessed at close quarters seven years ago is a humiliating military blow. And you can see it's got these enormous missile launching tubes which can carry a nuclear missile. Though we're told they're a no on board at the moment. It's got this big gun as well to defend itself. But most importantly, this ship the Moskva, has very sophisticated surface to air missiles and that's why it's been deployed here off the coast of Syria to provide air defenses for the Russian warplanes that are carry out their air strikes back there in Syria.

That same weaponry was unleashed on Ukraine too. These recent images from the Russian Defense Ministry showed the Moskva firing cruise missiles from the Black Sea. The ship was also involved in the Russian takeover of a Ukrainian Island. Earlier on in the war, Ukrainian troops refusing to surrender, telling the Moskva where to go.

UNIDENTIFIED MALE: (SPEAKING FOREIGN LANGUAGE) Russian warship, go (BLEEP)

CHANCE: Confirmation, this Black Sea flagship has now been sunk will be a major boost for Ukrainian morale. But it's another big loss in Russia's staggering war.

Well, there's a sense from the Ukrainians that this is retribution, one Ukrainian official telling CNN that Putin came to kill our children, our women, our civilians. This in return is our gift to him. Matthew Chance CNN, Washington.

VAUSE: Russia is adding command and control and aviation capabilities to its forces in Eastern Ukraine as it prepares for an offensive to take more territory in the Donbas region. A Senior U.S. Defense Official says the first Russian troops who withdrew from Northern Ukraine about two weeks ago, and now appearing in the East.

Ukraine claims to the stopped at least one advance in the Kharkiv Region. Special Operations forces say they destroyed a bridge as the Russian conveyer trucks and other vehicles was crossing. And the head of local military report said that Russian troops are shelling residential areas as they move towards Donbas.

The International Criminal Court at The Hague has been investigating alleged Russian atrocities in Ukraine. Since early March, the Top Prosecutor, Karim Khan declared Ukraine a crime scene after visiting the cities of Bucha and Borodianka, two places where evidence of potential war crimes have been collected. He sat down and spoke to CNN about why it is vital to push on with these investigations.

(BEGIN VIDEO CLIP) KARIM KHAN, CHIEF PROSECUTOR, INTERNATIONAL CRIMINAL COURT: Nobody is above the law, nobody's beneath it. But whether you're a private or a captain, or a colonel, or a general or a civilian superior.

[02:05:03]

KHAN: The basic principles apply to you. Nobody gets a jet out for free car (ph), nobody gets a free pass. Every individual must act with responsibility in the-- in that contract. And there is this personal accountability. It's not a defense, you know, like established it. Superior orders is not a defense, it's not enough to attack a civilian object and attack women, and children, for example, to say I was told to do so.

This is an opportunity and a responsibility to mobilize the law and send it into battle, not on behalf of Ukraine or against Russia, nor on behalf of Russia against Ukraine, but on behalf of humanity.

(END VIDEO CLIP)

VAUSE: Ukrainian officials have claimed that Russia's actions in Ukraine constitute genocide. And earlier this week, the U.S. President Joe Biden, also called it genocide. The White House also said he was not making any legal judgment.

On Thursday though, the Ukrainian parliament put it in writing, and called on the international community to do the same. The legislature adopted a resolution calling out Moscow's military offensive as an attempt to wipe out Ukrainian culture and national identity. The lawmakers cited mass atrocities, rape, killing of civilians, and the forcible transfer of children to Russian territory as justification for the label of genocide.

Joining me now from Kyiv, Kira Rudik. Member of the Ukrainian Parliament. Thank you so much for taking time to speak with us today, Kira. We appreciate your time. What does this declaration by the Ukrainian parliament genocide actually mean? What does that actually change?

KIRA RUDIK, PEOPLE'S DEPUTY OF UKRAINE: Hello, thank you so much for having me. Well, the qualification of what's happening in Ukraine right now as genocide means that the international community and the international organization will definitely have to act.

So for 80 years after the second World War, the world was saying "Never again", and yet it happened. Russians didn't come here to conquer our land. They didn't come here like to make us slaves or something. They came here specifically to destroy us, to kill us, to wipe us off the world of the surface. And this is genocide. And our statement that we walked it in the resolution asks the other countries and the other parliaments of the world to accept it and make the statement as well.

So, then it has an influence on the way the prosecution will occur on the ways that Putin and his generals will be at some point put to trial, on the ways that the international tribunal will take their-- the people who are actually fighting in Ukraine to responsibility.

So, it has very important, both public meaning, but also it has a very important judicial meaning that-- then will led-- lead to specific prosecution on these crimes.

VAUSE: So, there is growing recognition worldwide, we have the U.S. President, you know, calling it genocide. On Wednesday, the Prime Minister of Canada told reporters, there are official processes around determinations of genocide, he went on to say, "I think it's absolutely right that more people be talking and using the word genocide in terms of what Russia is doing, what Vladimir Putin has done."

How important is it that not just Russia be called out, but countries which support Russia, like Belarus that they put on notice as well, they could be guilty, they could be investigated for genocide.

RUDIK: So our general goal is to make Russia new North Korea. Like a country that nobody wants to shake hands of, that is completely isolated, whose economy is going down, and whose people are taking the responsibility for the crimes that they are doing. So it's extremely important to say it is genocide.

So, the country that even have in mind supporting Russia, like Hungary, like Serbia, other ones they would know that this will make them pretty much untouchable themselves. It's important to put in people's mind that what's happening in Ukraine is-- has specific words and meaning and it's a scary meaning. Because when you hear the word genocide, you have all those images from the second World War from what happened in ghettos.

And it also adds to the images that we have seen from Bucha and Borodianka. And well-- while Russia is saying, "Okay, it's our military operation, we are almost done, and then we will be back home." We are saying no, the hurdles that has been done to my nation, to my country, this is the meaning, this is the genocide. This is cannot be forgotten, forgiven. This is the crime against humanity. This is what United Nation vowed to prosecute until the end. And countries in United Nations vow this as well.

So, the world accepting that what's happening in Ukraine is genocide means that it will not be, you know, put under the cover.

[02:10:09]

RUDIK: It's something that people will remember and say that will prosecute until the end, until every single guilty person is brought to justice.

VAUSE: Kira, moving forward now, does this mean that Ukraine will reassess exporting and selling weapons to countries like Myanmar? In September last year, the group justice for Myanmar noted the supply of weapons to Myanmar from Ukraine, which included air surveillance radar, armored personnel carriers, aircraft engines, light tanks, was in their report not only fortifying the military in its battle against the anti-coup resistance, it also helped abet its actions during the NLG, the National League of Democracy Administration of Aung San Suu Kyi in 2017, when it carried out savage assaults on the Muslim Rohingya communities, which the U.N. experts have equated to genocide.

So, given all of that, how important is it that Ukraine reassesses what it has done, and what it does in the future? I know you're in a fight for the survival right now. But these are important questions. And it's important in terms of international support.

RUDIK: Every single case of genocide or anybody supporting genocide should be discovered and every guilty person should be taking to the justice. I honestly cannot comment on Ukraine selling any kind of weapon. I don't have any information about that.

VAUSE: Okay. Absolutely. Kira Rudik, thank you so much.

RUDIK: But there are motives could be the--

VAUSE: Sorry. Please go ahead, please.

RUDIK: Or should be the same for everybody. That is absolutely correct.

VAUSE: Absolutely. Kira, thank you so much. Kira Rudik, live for us in Kyiv. We appreciate your time. Thank you, ma'am.

RUDIK: Thank you.

Vause: Well, in the coming weeks, Sweden and Finland are expected to announce whether they'll apply to join NATO. The Finnish Foreign Minister tells CNN his country is already prepared for different kinds of threats from Russia if Finland facilities membership. The Kremlin has long made threatening statements about Sweden and Finland joining NATO.

On Thursday, the former Russian President, Dmitry Medvedev said that if it happens, quote, "It will no longer be possible to talk about any non-nuclear status of the Baltic region, the balance must be restored."

And back to Michael in the CNN World headquarters in Atlanta. That was a thinly veiled threat, Michael if you like that they will send nuclear weapons and nuclear arms to the Baltic region. Countries like Lithuania point out and-- the former Prime Minister of Sweden points out those nuclear weapons are already there. So it's kind of an empty threat.

HOLMES: Yes. Yes. Yes, exactly. Yes. And just terrifying to even contemplate any use of those weapons in this conflict. John, good to see you, my friend. We'll talk to you later.

VAUSE: Thanks, man. Absolutely.

HOLMES: And we are monitoring a breaking story out of Jerusalem where clashes are broken out in an area considered a holy site by both Jews and Muslims. That happened during Friday prayers at the Al-Aqsa Mosque. The Palestinian Red Crescent is now saying at least 90 people have been injured. Hadas Gold is near the area. She joins me now live with more brings us up to date on what's happened, Hadas.

HADAS GOLD, CNN CORRESPONDENT: So, Michael, I'm right now at the Damascus Gate. This is one of the main entries to the Old City for Muslim worshippers to reach the Al-Aqsa Compound also known as the Temple Mount to Jews. And actually, as we speak right now, there is an increased security presence here likely in response to those earlier clashes. We've been witnessing police putting up barriers to the entrance.

And it seems as though right now they are not letting young men through. This is something we saw earlier at the actual compound itself where they were only allowing women and older people to go through, but not young men. This is actually a very interesting date to begin with, even before these clashes because not only is it Ramadan, it's also Good Friday and the beginning of Passover tonight. So tensions were already high.

But what happened is around 5:00 a.m. this morning, we were actually right near the Al-Aqsa Compound and we started hearing those booms, the firecrackers going off. And what we know is that there were clashes between worshipers at the Al-Aqsa Compound and Israeli police. The Israeli police say that they were responding to people throwing stones, throwing fireworks.

And in response, the Palestinian Red Crescent says that stun grenades and rubber bullets were fired. We know that at least 90 people have been injured according to Palestinian Red Crescent. The Israeli police say three of their officers were injured. And it's very possible, Michael that these clashes here are going to spread into a wider conflict. Because keep in mind, it was similar clashes like these at the Al-Aqsa Compound last year that helps spark that 11-day war between Hamas and militants in Gaza and Israel.

And actually no tension to the already been high for some time in Israel and the West Bank over the past several days. The Israeli military had increased its raids and operations in the West Bank in response to a series of terror attacks in Israel that killed 14 people.

[02:15:00]

GOLD: But another thing that likely sparked these clashes today were threats in the last few days by some Jewish extremists who threatened to go up to the temple mount to the Al-Aqsa Compound and do an ancient Passover ritual sacrifice.

We-- as far as we know, they didn't actually make it up. But Hamas that militant groups that were in Gaza had called on its supporters to defend the Al-Aqsa Compound. We saw those clashes this morning, things continued to be tense as we speak right now, just here, even outside of the Old City gates. So of course, the question will be what will happen as the day progresses, and whether and if, and how Hamas and Gaza will respond?

HOLMES: Hadas Gold there, outside Damascus Gate. Thanks so much.

Fighting in Ukraine has forced thousands of members of Europe's largest ethnic minority to flee.

After the break. While-- well, some say they're not being treated like other displaced Ukrainians in Poland. We'll have that more when we come back.

(COMMERCIAL BREAK)

HOLMES: U.N. officials are calling for the safe passage of civilians following the killing of two aid workers in their families in Mariupol.

[02:20:00]

HOLMES: They were killed when a tank allegedly opened fire on the office of the non-government organization Caritas International last month. CNN has not been able to independently confirm reports of that incident.

Now, the refugee situation in Ukraine has becoming more desperate as Russia steps up its attacks. More than 4.7 million people have fled the country since the fighting started and more than 7 million are internally displaced within Ukraine. On Thursday, nine humanitarian corridors were agreed upon. Ukrainian authorities say more than 2,500 people were evacuated.

Now, getting out of Ukraine safely is one thing what happens after that, a whole new set of problems. Thousands of Ukrainian refugees are arriving in Eastern Europe daily. Many of them have nothing and need everything, like permanent housing and jobs. But those basics are in short supply.

(BEGIN VIDEO CLIP)

AGNIESZKA KARWAT-KEDZIERSKA, RECEPTION CENTER COORDINATOR (through translator): Fewer and fewer people are offering accommodation for refugees. It is a problem because we have nowhere. We can house people. A lot of people arrived very quickly and we still don't have places for them to stay long-term.

(END VIDEO CLIP)

HOLMES: Now, as the need for aid increases and resources grow scarce, Ukraine's Roma refugees are feeling the strain acutely. Displaced members of that community say they are receiving very different treatment in Poland than other Ukrainians. CNN's Kyung Lah with that.

KYUNG LAH, CNN NATIONAL CORRESPONDENT: Since late February, when they fled Ukraine, this has been life for these refugees in Poland. You're just moving from shelter to shelter?

UNIDENTIFIED FEMALE (through translator): Yes, says Masha Hunyak (ph) who fled a town Near Lviv, Ukraine. Where her husband fights in the war.

LAH: Hunyak says her children have watched as other refugees moved out of shelters into Polish host homes and apartments. Is there a difference with how others are being treated compared to your family?

UNIDENTIFIED FEMALE (through translator): A big difference, she says. The help goes to Ukrainians with clothes food even when it comes to our children. Roma people are treated like I don't know what, she says.

LAH: To be clear, these families are all Ukrainian, but they're not considered White. They're Roma, Europe's largest ethnic minority. Among the millions of Ukrainians fleeing the war, the European Commission estimates 100,000 are Roma. Most of them say Roma nonprofit groups are in Poland. What do you see happening here when it comes to Roma people?

RAJMUND SIWAK, VOLUNTEER, POLAND: Big problem. Big problem, and people-- Polish people know is helping just gypsy.

Lah: Rajmund Siwak who was also Roma is a volunteer for Roma relief group in Poland. On this day, he's going from shelter to shelter picking up Roma families.

JOANNA TALEWICZ, ASSISTANT PROFESSOR, UNIVERSITY OF WARSAW: Yes, this is racism. It's a very open racist.

LAH: Joanna Talewicz runs the group helping Roma refugees.

TALEWICZ: Nobody wants to take them from different cities, from refugees shelters, from volunteers.

LAH: Across Poland?

TALEWICZ: Across Poland. Forget that you are able to rent the apartment for those people. It's impossible. It's impossible even if you have money.

LAH: Talewicz's group found three houses in Poland that they can rent for these exhausted families. Latimo Hordiva's (ph) daughter Milana (ph) fell asleep immediately once she was on the bus. How hard has all of this been on all of the children here?

UNIDENTIFIED FEMALE (through translator): It was hard in the shelter, she says.

LAH: Before they finally head to this house, the volunteer stop at another shelter and pick up Oreshia Tula (ph) who barely escaped Russian missiles in her suburb outside of Kyiv. She has also been in shelters for the last month. With all your children and you're pregnant?

UNIDENTIFIED FEMALE: (SPEAKING FOREIGN LANGUAGE)

LAH: Seven months pregnant traveling with 3-year-old twins and her 8- year-old. The Roma volunteers say Roma families are often larger creating a different housing challenge in this crisis. But these Ukrainians just like their fellow refugees have husbands fighting in the war and children they're trying to protect. TALEWICZ: I thought that during the war, you know, during these

terrible circumstances, we need to help all refugees. I never thought that we will have a deal with a racist during the war. Yes. And it was naive. It was very, very naive.

LAH: CNN has reached out to the European Commission and multiple levels of the Polish government. We did hear back from local provincial office here in Warsaw that said it had not received any complaints from the Roma community, but that any complaints would be investigate. Now, EU representatives have said that they visited Poland and other border countries in early March and that quote, "It did not witness any incidents of discrimination or racism." Kyung Lah, CNN, Warsaw, Poland.

[02:25:02]

HOLMES: And CNN did hear back from the Polish Interior Ministry after our deadline for that story and they claim they are quote, "In constant contact with representatives of Roma organizations." A renewed Russian offensive in Ukraine could be just days away.

Coming up. We'll take you to a town at the very edge of the government's control in Eastern Ukraine. Stay with us. We'll be right Back.

(COMMERCIAL BREAK)

[02:30:13]

JOHN VAUSE, CNN INTERNATIONAL ANCHOR: Welcome back, everyone. And it's 30 minutes past the hour. I'm John Vause live in the Lviv, Ukraine. Here's the latest headlines from this war by the Russians here in Ukraine. U.S. defense officials say Russian troops which retreated from Northern Ukraine two weeks ago and now arriving in the Donbas region. But the Russians are running up against fierce resistance as they tried to advance.

Ukrainian Special Forces claim they blew up this bridge near Kharkiv as an armored Russian column was crossing. And even Russia's naval mind is being challenged. Moscow now admits its flagship vessel, the Moskva sank in the Black Sea after catching fire. Ukrainian fighters claim they hit the guided missile cruiser with anti-ship missiles, acclaim U.S. and western intelligence believed to be credible.

Moscow was widely expected to launch a three-pronged attack to try and capture a decent section of the eastern Ukraine territory. CNN's Ben Wedeman visit one town that is likely to be in the direct path of any assault.

(BEGIN VIDEOTAPE)

BEN WEDEMAN, CNN SENIOR INTERNATIONAL CORRESPONDENT (voice over): Denise (PH) loads food in his car for delivery run. This applies sorted by volunteers in this old warehouse were donated from around Ukraine and abroad. Denise was a musician before the war.

UNIDENTIFIED MALE: My town is broken. Destroyed.

WEDEMAN: Sievierodonetsk is the city furthest East under Ukrainian government control. And under constant bombardment from Russian forces nearby. The supplies Denise and other volunteers deliver are what keep this city alive. Two missiles landed outside Nadia's (ph) decrepit Soviet era apartment building. The strain of living under this shelling more than she can take.

It's hard, she says. I can't stay in this room. I'm so afraid I want it to be quiet and calm again.

With Russian forces massing in the east. There will be no quiet. There will be no calm.

Sitting on a hospital bed Uliana (ph) recounts the night her house was hit.

I was in the kitchen and it started she says. Her home is now in ruins. More than 20 corpses lie scattered in the hospitals more. Wrapped in sheets and blankets awaiting burial. On the outskirts of the city more evidence of the toll war has taken.

WEDEMAN (on camera): This is a hastily dug graveyard that was started since the war began. Just look at the dates, 7th of April, 9th of April, 3rd of April, 4th of April. It goes on and on and on.

WEDEMAN (voice over): And more graves will soon be filled. Ben Wedeman, CNN, Sievierodonetsk , eastern Ukraine.

(END VIDEOTAPE)

VAUSE: Some of Russia's oligarchs are now paying dearly for Vladimir Putin's war of choice. Earlier this week, Germany impounded the world's largest yacht. You can see it here in German custody. Yes, it's somewhere there under that great big top. Investigators say the super yacht called Dilbar valued around $600 million. It belongs to the sister of oligarch and Putin ally, Alisher Usmanov.

Now the other oligarch who's losing his assets right now is this man. Viktor Medvedchuk. The Putin ally is a Ukrainian opposition politician who was detained earlier. This week in what Ukraine's president called a special operation. Sources close to Medvedchuk says CNN -- told CNN that Putin's invasion is not evidence of Medvedchuk's any wrongdoing. Ukrainian court sees many of his assets including 26 cars, 30 plots of land, 23 houses, 23 apartments, and of course, a superyacht.

Meanwhile, Vladimir Putin has a message for Western powers trying to wean themselves away from Russian energy. Go for it. Because plenty of other countries would like to buy Russian oil and gas. CNN's Clare Sebastian has details.

CLARE SEBASTIAN, CNN CORRESPONDENT: Well, Putin's message clearly designed for domestic as well as international audience was that Russia doesn't need the west by its energy, but the west can't get by without Russia. He said that attempts by Western countries to replace Russian energy imports will impact the entire global economy and reduce the competitiveness of those countries.

As for Russia, he laid out several objectives to strengthen the energy sector. Among them to prepare for a future where the west may no longer be such an important market.

(BEGIN VIDEOTAPE)

[02:35:03]

VLADIMIR PUTIN, PRESIDENT OF RUSSIA (through translator): We need to diversify our exports. We need to assume that in the foreseeable future deliveries of energy in the western direction will be reduced. So, we need to strengthen the tendency of the last few years step by step, we reorientate our exports to the fast growing markets of the south and east.

(END VIDEO CLIP)

SEBASTIAN: Well, there are signs this has already started happening. Analysts say India's purchases of Russian oil have increased by a lot since the start of the war in Ukraine. But since OECD Europe currently buys about 60 percent of Russian oil exports, reorientating those exports won't be easy. And it's not yet clear how quickly Russia will have to do this. Discussions among E.U. ministers on a potential six package of sanctions started this week.

One that could include some kind of restriction or embargo on Russian oil. But as yet, the E.U. is still divided on this issue. And as the more immediate issue of Russia's demand, countries pay for gas in rubles, the Netherlands joining several other European countries today in saying it would not be doing this. Warning its energy companies that this would violate E.U. sanctions on Russia.

President Putin making it clear Russia hasn't changed its stance and it still intends to gradually move away from dollars and euros for its energy payments. Clare Sebastian CNN, London.

VAUSE: A short break here on CNN. When we come back, one the latest in New York subways attack and the suspects first appearance in court. Let's have a short break. You're watching CNN.

(COMMERCIAL BREAK)

[02:40:43]

MICHAEL HOLMES, CNN INTERNATIONAL ANCHOR: Welcome back. The suspect in the shooting attack on the New York subway has made his first court appearance Thursday, Frank James was denied bail as federal prosecutors argued the attack was entirely premeditated, detailing a vast stockpile of weapons and ammunition. CNN's Shimon Prokupecz with the details.

(BEGIN VIDEOTAPE)

SHIMON PROKUPECZ, CNN CRIME AND JUSTICE REPORTER: The New York subway shooting suspect in federal court today for the first time. Frank James facing a terrorism-related charge after authority says he opened fire more than 30 times in a crowded subway car did not enter a plea. His attorneys say it's too soon to jump to conclusions.

MIA EISNER-GRYNBERG, FRANK JAMES ATTORNEY: We are also learning about what happened on that train and we caution against a rush to judgment.

PROKUPECZ: Making a case for James' actions just before his arrest. His lawyer says James call the tip line himself to report his location.

EISNER-GRYNBERG: Yesterday Mr. James saw his photograph on the news. He called Crime Stoppers to help. He told them where he was. Initial press and police reports in cases like this one are often inaccurate. Mr. James is entitled to a fair trial, and we will ensure that he receives one.

PROKUPECZ: The 62-year-old James was taken into custody without incident.

UNIDENTIFIED FEMALE: You have one male stopped in regards to the subway incident yesterday, St. Marks and First Avenue.

UNIDENTIFIED MALE: Sergeant, no further perp's in custody.

PROKUPECZ: Denied bond federal prosecutors argued that James should stay behind bars pending trial. Saying Tuesday's attack where 10 people were shot and a dozen others were injured was premeditated by James. Prosecutors detailed James's planning in a letter to the judge saying "The defendant came to Brooklyn prepared with all the weapons and tools he needed to carry out the mass attack. Including a Glock pistol gasoline torch and fireworks" making the case that James posed a danger to the community.

UNIDENTIFIED MALE: That's the guy, that's what the police report said that he would look like.

PROKUPECZ: Before his arrest in New Yorkers on edge we're on the lookout for James. One student on a photography field trip reported seeing him on Canal Street Wednesday morning.

UNIDENTIFIED MALE: I was just looking for things to shoot on the street, graffiti, anything and then I suddenly saw him.

PROKUPECZ: The motive in Tuesday's attack remains unknown.

FRANK JAMES, BROOKLYN SUBWAY SHOOTER: We need to see more mass shootings.

PROKUPECZ: As investigators continue to look through evidence including James's social media rants, to determine if it may explain why he carried out the attack.

(END VIDEOTAPE)

HOLMES: That was CNN's Shimon Prokupecz reporting. U.S. Food and Drug Administration has granted emergency use authorization to the first COVID-19 breath test. The FDA says the inspector breathalyzer is about the size of the carry-on luggage and can give results in less than three minutes. A study shows the test accurately identified more than 91 percent of positive samples and all of the negative ones. Now it does this by identifying chemical compounds associated with the infection. The FDA still recommends results be confirmed with a PCR test.

Shanghai reporting more than 23,000 New COVID cases. That's 95 percent of all new infections reported across China on Thursday. This coming as more than 40 Chinese cities are under full or partial lockdowns to stop the latest COVID outbreak which still might be getting even worse. Shanghai is battling China's worst COVID outbreak since the virus first emerged in Wuhan in late 2019.

North Korea celebrating the most important day on its calendar with a light show. It's scheduled to last through the weekend. The colorful display marking 110 years since the birth of North Korea's founding father Kim Il-sung who is the grandfather of the current leader Kim Jong-un. In the past day of the Sun festivities have included demonstrations of military might but no sign of that yet this year.

[02:45:04]

HOLMES: However, North Korea has been implicated in a major cyber heist. The FBI says hackers associated with the Pyongyang regime stole $620 million worth of cryptocurrency last month from a gaming company. A video gaming company in a single hack. The type of crypto currency they're made off with is called Aetherium. Experts say cyber attacks have become a huge source of revenue for the North Korean government.

The world's richest man wants to put all of Twitter in his portfolio. But will a social media giant in the hands of one man help or hurt the company? We'll take a closer look.

(COMMERCIAL BREAK)

[02:50:07]

HOLMES: The death toll from flooding in South Africa rose on Thursday amid warnings that more rain is on the way. Officials say at least 341 people have now been killed. More than 40,000 impacted after storms dumped several months worth of rain on eastern coastal areas. Local authorities called the damage to infrastructure and human life unprecedented. After a brief respite on Thursday, more rain is expected through the weekend as a cold front stalls over the region.

Elon Musk is Twitter's biggest investor and its biggest critic, and now he wants to buy all of it. The billionaire says Twitter isn't living up to what he sees as free speech principles. So, he wants to take it private, he's offered a little more than $54.00 per share. That values the company at more than $41 billion.

Earlier I spoke with Josh Constine who invest in social app startups about what changes Elon Musk might make. (BEGIN VIDEOTAPE)

JOSH CONSTINE, PRINCIPAL INVESTOR, SIGNALFIRE: Elon, is a big free speech advocate, though free speech means a lot of different things to different people, allowing the kind of bullying and hate speech that he's often said is really OK with him, actually silences other users on this - a Web site like Twitter. So, it could be problematic. And while he says it's free speech could actually make it for a speech harder for vulnerable individuals.

He also says that he wants to open source the algorithm which chooses which tweets you see. But there's a big problem there. In that spammers, or people who are trying to game the system would then basically have the rulebook for how to exploit Twitter. And he's also said he wants to add an edit button. And luckily, he says he thinks there needs to be protections to make sure you couldn't be seen trying to say something and then make other people look like they're retweeting something and then change what they say.

So, I think that some of his suggestions are pretty outlandish. And the most worrisome ones really focused around free speech and whether it can make Twitter an even more hateful place, after years of criticism that it already is full of hate speech.

HOLMES: Yes. And let's talk a little bit more about that. And first, let's play some sound from an interview Elon Musk did on Thursday. Let's have a listen to that first.

(BEGIN VIDEO CLIP)

ELON MUSK, CHIEF EXECUTIVE OFFICER, TESLA AND SPACEX: A good sign as to whether there is free speech is someone you don't like allowed to say something you don't like. And if that is the case, then we have free speech. And it's damn annoying when someone you don't like something you don't like. That is a sign of a healthy, functioning, free speech situation.

(END VIDEO CLIP)

HOLMES: Yes. But as we all know, there is that fine line. And you alluded to this between all our free speech and enabling the spread of misinformation and propaganda. And, you know, Elon Musk has been criticized for trying to silence his own critics even -- including among his own workforce and having those, "free speech decisions" essentially in the hands of one man can be potentially problematic, kind of, because he's deciding.

CONSTINE: I mean, he is the richest man in the world and just incredibly privileged in every way. So something that he says he doesn't like, could truly be dangerous or threatening to somebody with a lot less privilege to him, then. So I think that's why there's a big rub here is that for some people -- yes, if you're just getting criticized, but you have all the money in the world, you don't really care.

But if you're someone in a vulnerable mental state, and you have people on Twitter being free to say whatever they want, including making death threats, or saying horrible things about them, and then not even being worried about getting banned, because Elon says he thinks that people should have timeouts instead of bans, can make it a really offensive and sort of mentally damaging place for a lot of people in the world to spend time.

So, I think that's going to be the big reason Twitter's board tries to resist this. They're going to say that this would just be bad for safety.

HOLMES: And also, just taking a company private, like Twitter, reduce oversight from, you know, regulators like the SEC?

CONSTINE: Absolutely. So they wouldn't -- Twitter would not have to make the same kind of quarterly statements about its progress, It'd be less, you know, at the whims of public investor sentiment, and instead, it'd be able to kind of do what it wants, as long as private investors still have faith in it and has enough money to operate. And with, you know, with Elon behind it, they would effectively have infinite resources.

So, the problem is really whether this would be good for people and whether the Twitter board who might also be summarily kicked out, you know, the new CEO Parag Agarwal only came in November, he can see himself thrown out and other executives may even protest if Elon takes control of Twitter. So, they could also have a staffing issue on their hands. And honestly, that's one of the biggest ways that tech employees have been able to influence policy.

It's not because the users protest, it's because the warriors do, because if they walk out everything grinds to a halt.

[02:55:03]

HOLMES: Yes. Great point. Josh Constine, thanks so much there from SignalFire. Appreciate it.

(END VIDEOTAPE)

HOLMES: Now, NATO -- NASA's latest attempt to add a pre-launch test for its huge moon rocket hit some snags on Thursday. The mission team had been trying to fuel its Artemis 1 rocket when they discovered a leak. And he can't have that. NASA says they had to stop the countdown test and will assess the next steps. They add that the rocket remained stable and in a safe configuration as they put it.

This was NASA's third shot at a dress rehearsal, a required step ahead of a test flight to the moon. Thanks for spending part of your day with me. I'm Michael Holmes at the CNN Center in Atlanta. We'll go back to John Vause live in Ukraine in just a moment. And Kim Brunhuber takes it over from me here in Atlanta. See you tomorrow.

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