Impeachment Process Vote, Biden and Israel, AL Nitrogen Gas Execution

Republicans vote today on an impeachment inquiry into President Biden.

According to the House Speaker, we have no choice, though some Republicans have said they found no wrongdoing by the president. What do lawmakers hope to accomplish?

I'm Michelle Martin, that's Steve Inskeep, and this is up first from NPR News.

Also, Alabama plans to use nitrogen gas to execute a death row inmate. An NPR investigation finds risks to the other people in the death chamber.

They're not being realistic about what exactly is at stake here.

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House Republicans have spent months on a presidential impeachment investigation. They found no direct evidence of wrongdoing by the president.

But that doesn't match the picture painted in conservative media. And now the House prepares to move forward with an impeachment inquiry. Lawmakers say. It's about corruption and political influence peddling. House Speaker Mike Johnson told reporters yesterday that this is the only way forward.

We've come to this impasse where following the facts where they lead is hitting a stone wall. Because the White House is impeding that investigation now, they're not allowing witnesses to come forward and thousands of pages of documents, so we have no choice.

NPR Congressional reporter Eric McDaniel is with us here in Studio 31 in Washington, D..C. Eric, Good morning, hey Steve. Why are Republicans voting now?

Good question, after all, like you guys mentioned, they've been investigating for months, Johnson says. This is about legal leverage. Republicans want records the president hasn't turned over.

OK, so so he can't deliver other things, he can perhaps deliver an impeachment inquiry, but what do Republicans at least allege the president did?

So let me say again, there is no direct evidence that implicates President Biden in any wrongdoing, but the substance of the allegation is that. Late into Biden's tenure as vice president and after he left office. His son Hunter, who did give up a lucrative lobbying career when his dad became vice president, was served on the board of directors for a Ukrainian oligarchs energy company helped a Chinese energy company, both for million dollar plus payouts. Republicans say the younger Biden appears to have been selling influence or the appearance of influence, and alleged so far, again without direct evidence, that Biden was somehow involved.

How is the White House responding?

Well, they categorically deny any allegation that Joe Biden did anything illegal or even improper, they say. GOP investigators have access to tens of thousands of pages of financial records. Thousands of pages of reports from the Treasury Department, dozens of hours of witness interviews, as well as material from the FBI, DOJ and national archives. Republicans, though, are frustrated they haven't gotten everything they asked for.

I just want to note a number of Republicans, in different ways, have acknowledged, you know, we don't actually have any direct evidence against the president. And now comes this impeachment vote, and Republicans can only lose a handful of votes. If they're going to prevail, can they prevail?

Maybe, maybe not. As far as I can tell, there's only one public no vote, that's Ken Buck of Colorado, and Republicans have a three seat majority if everyone shows up to vote. So this is going to be a tough ask for folks who are in really competitive seats.

In any case, this investigation, I guess, would continue into the election year of 2024.

Right, so they've already been investigating for months, they're supposed to continue today. As a matter of fact, the president's son, Hunter Biden, is scheduled to appear for a closed door deposition, but the younger Biden says he only wants to testify publicly.

Okay, npr. Congressional reporter Eric McDaniel Thanks so much.

Thank you.

Some other news? President Biden offered words of caution for Israel in its war against Hamas.

Since the October 7th Hamas attack on Israel, Biden has strongly supported Israel's right to defend itself, especially publicly. That hasn't changed. But in some off-camera remarks, he said Israel is losing support over its quote indiscriminate bombing of Gaza. His comments reflected the divide between the U.S and the Israeli governments over what should happen once the fighting in Gaza comes to an end.

NPR White House correspondent Franco Ordonez is in our studios. Franco, good to see you. good to see you Steve, thanks for coming by. So I'm trying to think about this.

Well, I mean, Steve Biden is reiterating that Israel still has the right to go after Hamas, and he's emphasizing that. But he's also saying, as long as it follows the rules of war and that they try to protect civilians. And he emphasized that the U.S and Europe still have the support or are supporting Israel. But Biden said quote They're starting to lose that support by the indiscriminate bombing that takes place.

That's really interesting. So he's essentially saying, you're doing the thing that I cautioned not to do some weeks ago. I should say that you're reading these quotes from an official White House transcript. We're not going to hear the sound of the president's voice because it was not on cameras at a fundraiser. How is this different from what he said in more public settings?

Well, I mean, he and his officials have been very careful not to give an evaluation of how the military campaign is going. They have said that the U.S is telling Israel privately to protect innocent civilians. But Biden's description at that fundraiser as quote indiscriminate.

Bombing is pretty blunt. And is there any chance? This is what they would call a gaffe that the.

President did not intend to go this far. I mean, no, I mean, this was not a throwaway line. He talked about this, you know, kind of in depth. I mean. He not only talked about Bibi. He talked about other officials and basically said that this is, this is. He's dealing with the most conservative government of Israel's history.

Benjamin Netanyahu, here longtime friend of the President of the United States, has been involved in foreign policy for decades. But now Biden is saying to Netanyahu, you're being pushed too far by your right wing government. And Netanyahu yesterday is saying he disagrees with the United States over the future. Who should be running Gaza once this war is stopped? What is the president?

Saying about that, well, Biden didn't address Netanyahu's statements directly, but he acknowledged that they are not on the same page right now. He said that Netanyahu has got a tough choice to make and he's been pushing Biden. That is, for a revitalized Palestinian authority to take over and govern Gaza, as well as the West Bank. You know, he's long been an advocate for a two state solution.

That's really going to be the hard part for them. Which is something that Netanyahu and a lot of right wingers have said that they can't allow. A full Palestinian state hasn't Biden even singled out Israel's national security minister by name in some of these remarks? Yes, he has, he says that.

The minister not only wants to go against Hamas, but wants retribution against all Palestinians.

And Pierce Franco joining us. Thanks so much. Thanks, Steve.

Time. The state has tried to execute Kenneth Smith, and this method of execution has never been used in the United States. A document obtained by NPR has found that Alabama's Department of Corrections cannot guarantee the safety of witnesses during the execution. Our investigative reporter, Kiara.

Eisner is in the studio to share more on this. Good morning, Good morning Steve, welcome, thanks.

For coming by, what have you learned? So I spoke with a spiritual advisor of Alabama death row prisoner Kenneth Smith. His name is Reverend Jeff Hood. Hood shared a document with me. That was essentially a waiver from the Department of Corrections, acknowledging that he could be in danger by being close to Smith. When they administer the nitrogen gas.

During the actual execution as a spiritual advisor, he'd be standing right there, he'd be in the room, okay?

Smith will have a mask on and that's how they're going to give him the gas. That mask could detach and the gas could get to other people in the room that way. This document that he signed says that even if Smith's mask stays on, gas could still leak above Smith's head. So Hood had to agree to stay at least three feet away from the gas. But nitrogen gas is odorless and it's invisible.

And that severe hyperventilation, you know, can lead to a stroke, so there is some injury that could happen to you, you know. Just being in the proximity of that, it's all very concerning. They're not being realistic about what exactly is at stake here.

And your reporting tells us Alabama knows this is a risk. That's why they're making Hood sign this waiver form. Is the spiritual advisor Reverend Hood? Okay with that?

Well, he told me he signed the form under duress because it was the only way he felt he'd be allowed to be there with Smith and do his job. He's preparing for the worst, here he is.

When I first got in touch with Kinning, one of the first things that he asked me was, Are you prepared to die? To be my spiritual advisor? And it's something that I've definitely had to meditate and pray on. And just cling to a real knowledge that greater love hath no one in this than they who would give their life for their friend.

He was quoting Scripture there. And there's also a question of whether this could violate the religious liberty of both men. Hood has been a minister during multiple other executions in Alabama and other states. And in those cases, he needed to be close to inmates to anoint them with oil and administer last rights. But he says that won't be possible here if he has to stay three.

Feet away for safety reasons. What's Alabama saying?

I asked them for comment, I haven't heard back from them yet. Two weeks ago, I tried to get this document directly from them, along with any others that workers might have signed. But the Department of Corrections responded then that it would be quote detrimental to the public interest, and they did not release those forms to me.

What are you hearing from the prisoner Kenneth Smith?

He called me from the prison in Alabama last week, and I should say the state has already tried to execute him once before by lethal injection. Last year. He was on the gurney for four hours as they tried to find a vein. I'm still carrying trauma from the last time.

So everybody is telling me that I'm going to suffer. Well, I'm absolutely terrified.

The execution is scheduled for January 25th, and Reverend Hood is planning to be there regardless.

And Bjorskiara Eisner Thanks so much.

Thank you, Steve.

Here's one of the big story we're following today.

Nearly every nation in the world has agreed for the first time to transition away from fossil fuels. That is the outcome of the COP28 climate summit that ended in Dubai today.

Some countries wanted more than this agreement, which stopped short of urging the world to completely phase out coal, oil and gas. Some loopholes will allow countries to keep exploiting and using these fossil fuels.

Tune into Morning Edition for the latest news on this developing story.

And that's a first for this Wednesday, December 13th. I'm Steve Inskeep.

And I'm Michelle Martin. Today's episode of Up First was edited by Kelsey Snell, Roberta Rampton, Noah Caldwell and Olivia Hampton. It was produced by Katie Klein, David West and Lindsay Toddy. We get engineering support from Gilly Moon, and our technical director is Zach Coleman. Start your day here with us tomorrow.

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