James M. Redwine

America

Brothers From Other Mothers

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Photo by Peg Redwine

This week I ran into a man whose family has connections to Ukraine. They live in the country of Georgia now as Peg and I have been doing for the last five months where we are working with the Georgian judiciary. His perspective on Russia’s invasion of Ukraine is quite personal as is the perspective of the Russian man who sat next to me on a flight from Istanbul, Turkey to Batumi, Georgia last Wednesday.

The two men looked quite similar. Both were rather tall and athletically built and about 40 years of age. One man’s native language is English but the other speaks fluent Russian. His English created several entertaining exchanges for us that we worked through in mutual good humor. My Russian barely qualifies as communication even though Peg and I picked up some phrases when I was in Russia in 2003 working with the Russian judiciary.

I also managed to pick up a few Ukrainian words when I was in Ukraine in 2000 working with Ukrainian judges. I tried my Ukrainian lexicon with the man whose relatives speak Ukrainian, but it was more comic relief than communication.

Both men have children and both would like to see the war between Russia and Ukraine ended immediately if it can be done in a reasonable manner as each sees it. Peg and I are much more aligned with Ukraine than Russia, which the Russian obviously suspected when I told him at our mutual introduction Peg and I were Americans. He was initially rather cautious in his comments but once he decided I did not hold him responsible for Putin’s military decisions, he relaxed quite a bit. Unfortunately, our flight was only about two hours in length so he and I did not have time to bring Ukraine and Russia to the Peace Table.

He did share several deeply personal experiences and emotions with me during our short flight. When I told him our son had boxed at West Point and that I had helped train both amateur and professional boxers, he opened his mouth and showed me a set of perfect lower teeth. He said he had boxed in Russia and once got into the ring against a much larger boxer without wearing a mouthpiece. He had $3,000 worth of false teeth and a hard-earned lesson about uneven and unfair fights as a result.

The English speaker is a swimmer and an avid hiker who believes physical health is essential to mental health and both men do not hesitate to strongly state their views which are closely related to what kind of future their children may look forward to in a post Ukrainian-Russian war environment.

If the two fathers were to be placed together in a lineup, I would have a difficult time picking out which one was which. Both are about 6 feet tall and weigh about 200 pounds. Both have very short cropped, light colored hair and lean facial features. They could be brothers if looks were the only criteria.

They could, also, be brothers if their concerns for their families and their countries could be considered relevant DNA features. It struck me that both of them might be better choices for leaders of Ukraine and Russia than what we have, although this is purely my thought, as neither of them made such a suggestion. Of course, their natural national allegiances probably interfere somewhat with their ability to set aside any magnanimity. However, each of them recognized the children in the other country are not to blame; only the adults may be held accountable. That is, if the adults come to a realization they should be.

I shared with each man my concern that Russia might be of the same mind a friend of mine who was a supporter of Israel had in 1973 when Egypt could have overrun Israel with its superior, but non-nuclear, military power. At that time most experts believed Israel had stolen enough nuclear secrets from America to construct nuclear weapons. Now, we know they have.

Anyway, my friend stated his passionate support for Israel included Israel’s “right” to destroy the whole world if Egypt were about to destroy Israel. Such nihilistic blindness is what I and my new acquaintances most fear in our current war.

 

Hot Wars and Cold Seats

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Photo by Peg Redwine

Each morning I look off my apartment balcony at the ships floating on the Black Sea that lies between the countries of Georgia on the southeast and Ukraine to Georgia’s northwest. So far the ships have remained of the merchant variety, but I always look first to make sure. Georgia is a country of four million people with virtually no way to defend itself. The Georgian government that fears Russia on Georgia’s northern border and the citizens of Georgia who fly Ukrainian blue and yellow flags are in constant yang and yin over the war being waged just across the Black Sea. The government worries about poking the Russian bear and the citizens publicly rally and demonstrate in support of the Ukraine population.

Recently Russia has been stirring up its long held relationship with the country of Belarus that lies between Russia’s western border and Ukraine’s northern border. Belarus is in the same military condition as Georgia. Belarus, as led by the politically embattled president Alexander Lukashenko, with its nine million citizens, is even more supine to Russia’s might than Georgia. Therefore, Belarus does not pretend to resist Russian moves to use Belarus as a staging ground for Russia’s military and probable invasion of Ukraine. At the very least, Belarus provides Russia with a vital logistical path for re-supply of its military.

Belarus Flag in Batumi, Georgia. Photo by Peg Redwine

This morning, December 15, 2022, I am gazing at the tankers and grain ships right outside my window and, as we humans often experience, a totally unrelated memory of a simpler time comes to mind. In 1954 my family had a new Ford automobile, the kind with front fenders. Some of you will remember fenders and maybe will have even ridden on them to deliver newspapers as my brother Philip and I used to when we could wheedle Mom into driving us along our paper route. In 1954 the Korea War was over and our generation’s war in Viet Nam had not yet begun. The hero of the Normandy Landing of WWII, Dwight Eisenhower, was president of the United States and America was keeping the Soviet Union on its heels, not with bombs but with the humanitarian Marshall Plan.

In those halcyon days in Pawhuska, Oklahoma the Pawhuska Journal Capital newspaper was owned and operated by Glen Van Dyke and Phil and I had one of the delivery routes. We would go to the Journal Capital office on Kihekah Avenue and get bundles of papers. Phil and I would fold them into five-point throwing projectiles and fill two canvas bags that we hung over the Ford’s hood ornament. We each sat on a fender and competed for distance and accuracy as we banged the papers off the porches of our neighbors who sometimes complained to our parents.

I did not read the Journal Capital then and never had any inclination at age 11 to write a column in it. However, I do remember my mother and father sitting at the kitchen table and laughing at Glen’s witty sayings in his regular column. I still remember Mom and Dad laughing out loud when Glen complained that modern science seemed to be able to create hand warmers and foot warmers but for some reason could not come up with a toilet seat warmer. Gentle Readers, that was almost 70 years ago and, while we are now on our way to Mars, we still have not cracked the code on toilet seats. However, we seem to still be sending vast amounts of aid to keep the Russians on their heels.

Photo by Peg Redwine

Amazon, The New Tower of Babel

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In Genesis, Chapter 11 God observed the tower that King Nimrod and his Babylonian people had built to reach heaven and the gods and said, “Behold the people is one and they have one language … now nothing will be constrained from them.”

So the gods destroyed the tower, convoluted the one language into many and stopped human progress toward godly status. The Tower of Babel was the ultimate example of the axiom, “Pride goeth before a fall.” Now I do not understand why God would not want people to reach for the heavens, but He certainly devised the perfect way to stop us. Of course, in Exodus Chapters 20 and 34, He warns us He is a jealous being and in Isaiah Chapter 55 He tells us not to try to figure Him out as His ways are higher than our ways and His thoughts are higher than our thoughts. Just a few frustrating moments of trying to understand what the jangling television commercials are saying or an attempt to make sense out of the song lyrics mumbled and slurred into multi-million dollar sound systems designed to make sounds intelligible, will remove any doubt that our contemporary cacophony of colliding incoherent babel surpasses all understanding. Human progress has been hoisted on the effete petard of the universal response to all attempts to communicate, “Huh?”

It is as if the gods have become overly concerned about humanity’s movement back to a universal language, Amazonia perhaps, and have come down to earth to stop us from “all just getting along” by shopping over the Internet. After all, if we can communicate from sea to shining sea via a few simple electronic clicks, there is much less likelihood of a major miscommunication and ergo a misunderstanding that might escalate to conflict. Heck, we might even learn to work together on all sorts of projects, world famine, global warming, the World Cup, who knows what heights we could reach?

Well, if Jeff Bezos is the new King Nimrod and if Jeff really does simply work full-time giving his billions made from Amazon away to charity, I can foresee the Old Testament gods getting concerned. And one way to staunch human progress is to release upon the world Satans of the communications world, you know, movies, cable tv, commercials and what passes for contemporary music.

The goal of the gods might be to attack human progress by having leaders of competing countries such as China and the US of A rely upon translations of news broadcasts in which snippets of the highly paid but incomprehensible speakers instead of enunciating important concepts, peaceful coexistence for example, mumble a leader’s language so that the words come out as threats of nuclear war.

Now I realize this whole column may be based on a false premise of my being personally challenged. Maybe you, Gentle Reader, have no difficulty making sense out of what is muttered during TV, radio, movies, plays, concerts, sporting events, and even sermons. If my failings are simply my personal problem, good, and amen. However, if the whole world is being prevented from understanding what the heck is truly being said and meant, I suggest this new Tower of Babel may soon come tumbling down.

On the other hand, there is a cure to this polemic pandemic, could everyone please slow down and speak up?

The World In Ruins

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Photo by Passer-By in Coliseum 2014

Donald Trump has declared he will make a third run for the presidency in 2024. Joe Biden claims he will seek re-election. Several Republicans, Ron DeSantis, Mike Pence, Mike Pompeo, and others are not so secretly hoping lightning strikes them, or maybe strikes Trump. Democrats Gretchen Whitmer, Kamala Harris, Cory Booker, and others are feigning fealty to Biden but may be looking wistfully at the effects of Father Time.

In other words, American politics remains unchanged from the days of Jefferson and Adams. It also has regenerated its tiresome media circus of peeking under tent flaps and salivating at the probability of political gaffs. So, buckle up or just tune out for the next two years. As for me and Peg we have been looking at the past, as the present is just too fractious. So, as the pundits and politicians squabble like infants with dirty diapers, Peg and I have been interested in viewing the ancient ruins that became ruins when the cultures of the past let their tantrums get the better of them.

A couple of years ago we visited Rome and walked around the Coliseum. One gets images of gladiators and emperors who had no thought their pretentious edifice would be a mere pile of rubble one day. Then just last week we visited another ancient fort less than ten miles from our home in the country of Georgia. Georgia claims, according to the book Georgian Folk Traditions and Legends, to be situated at the juncture of Europe and Asia and to “[b]eing the most invaded country on earth.” For example, Russia that is Georgia’s neighbor to the north has most recently invaded Georgia in 2008 and 2014.

Photo by Peg Redwine

However, the fort we visited was built by several conquerors over thousands of years but was constructed in its present form on the orders of Roman Emperors Nero, Pompey, Julius Caesar Tiberius and Hadrian during the era 65 BC to the reign of Constantine, 306-337 AD. The name of the fort is Gonio-Apsaros Fortress and it is an impressive structure with ancient stone guard towers, sewage and water systems and Roman hot baths. Of course, today it is all just remnants of past glory. It is on the outskirts of the resort city of Batumi, Georgia near the shore of the Black Sea and about 3 miles from the Turkish border.

Photo by Peg Redwine

Gonio reminded us of the hauntingly impressive Native American pueblo village at Mesa Verde National Park in Colorado. This extensive cliff city was home to many Native Americans for over 700 years from 600-1300 AD. Was it simply abandoned, and if so, why? But once again we observed an impressive series of homes and a mountain stronghold that now is interesting and beautiful, but not lived in by its creators.

I suppose there are many reasons we enjoy visiting these sites of once vibrant communities gone dormant. The inventive genius of our human ancestors gives one a sense of awe and appreciation for the hard work and perseverance of people who were probably quite similar to us. If we could transport them to modern times or transport us back to their times, everybody would most likely fit right in with just a little movie make-up and a change of clothes.

The conclusion or question that keeps us awake, for example I am writing this at 3:50 a.m., is that just as the country of Georgia has been conquered numerous times (as has Jerusalem by Jews, Muslims and Christians on a revolving basis, and Rome and Greece by Vandals and Visigoths and North and South America by Spanish, English, French and Portuguese invaders) are our ruins going to provide interest to tourists of the future?

Peace Be Upon Us

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Photo by Peg Redwine

The United States and Russia have been jockeying for position in Ukraine since, at least, 2014. Three American presidents, Obama, Trump and Biden, and one Russian president, Putin have been in power during this period.

According to a publication of the Congressional Research Service updated on October 21, 2022 the United States has, up to October 14, 2022, provided $20.3 billion in “security assistance” to Ukraine. As one can observe on CNN, Russia has destroyed large swaths of Ukrainian territory and Google projects if the war ended now it would cost between $100 billion – $200 billion dollars to reconstruct the damaged areas. The human cost was not considered but it is immense.

Ukraine’s Crimea area was taken over by Russia by force in 2014. The world took note and America began arming Ukraine in anticipation of just what happened on February 24, 2022. If that invasion had not happened the United States could have saved over $20 billion dollars, Ukraine could have been spared up to $200 billion dollars in reconstruction costs and Russia could have preserved untold billions in economic and humanitarian costs. The spin off cost to the rest of humanity is incalculable with the loss of tens of thousands of lives, untold wounds and injuries and millions of people displaced from their homes.

We humans have known since cave man days that there may be times when peace is bought at too dear a price, but there never is a time when war is good in either human or economic terms. What we have not yet perfected is a method of maintaining a just peace in the face of an aggressor who is bent on an unjust war.

But we all know peace is best and war is worst. Muslims greet people with “Peace be upon you” and Christians cite the peace-keeping propensities of Jesus as his greatest virtue. Jews say “Shalom” (peace) when coming or going and virtually every culture claims peace as one of its paramount goals. We humans have repeatedly codified peace as one of our greatest treasures.

The Charter of the United Nations, ratified on October 24, 1945, at Chapter VI, Article 33, demands that disputing countries:

“[S]hall, first of all, seek a solution by negotiation, enquiry, mediation,
conciliation, arbitration, judicial settlement, resort to regional
agencies or arrangements, or other peaceful means of their own choice.”

“The Security Council shall, when it deems necessary,
call upon the parties to settle their dispute by such means.”

Just such a solution was found to the Cuban Missile Crisis of 1962 by United States President John F. Kennedy and Soviet Union President Nikita Khrushchev. America had installed nuclear missiles in Turkey, then on the border of the USSR, and in Italy that was not far from Russia. Khrushchev responded by seeking to install nuclear missiles in Cuba. Instead of nuclear war, America withdrew its armaments from Turkey and Italy and the USSR turned its missile loaded ships around and took them home.

There are similarities to the current confrontation among Russia, Ukraine and America. The United States has armed Ukraine that borders Russia. Russia rattled its sabres for some time and has brought disaster on itself, Ukraine and, potentially, its other neighbors, such as Georgia that was invaded by Russia in 2008 and 2014. Poland, Finland, Moldova, etcetera, etcetera remain within Russia’s radar. Perhaps reliance on the wisdom of the United Nations Charter might be in order.

As Abraham Lincoln advised:

“Discourage litigation (and war is the ultimate litigation);
Persuade your neighbors to compromise whenever you can.”

In their book, Law and Economics, at p. 356, Robert Cooter and Thomas Ulen state:

“For any trial [war], a settlement usually exists that makes both parties better off, so trials [wars] are usually inefficient.”

 And legal philosopher Richard Posner states:

“The primary (though not the exclusive) function of law is
to aid parties by altering incentives.”

                                                Economic Analysis of Law, p 256

The American Bar Association explains that disputes should be approached by emphasizing a problem solving attitude (integrative bargaining) in which both sides seek a solution that meets their interests. And other countries should encourage such an approach, not exacerbate the problem.

Now one might think we are a little late in the Russia/Ukraine War to pour oil on troubled waters, but what is the alternative, perpetual and expanding war? Besides, Ukraine is only one of Russia’s neighbors. Peace in the whole world should be the goal. For as suggested by the Charter of UNESCO (United Nations Educational, Scientific and Cultural Organization):

“Since wars begin in the minds of men”,
peace must supplant conflict in their hearts.

Whose Ox?

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Photo by Peg Redwine

What is wrong with the American political system? Why are people so upset? Are we living in the End Times, the dreaded Eschaton? Why is Kanye West (Ye) such a pariah to many and a voice crying in the wilderness to some? Will Donald Trump save America or destroy it? How about Joe Biden? Was that referee blind when he called pass interference against my team or maybe he had a bet on the game? Really, can someone explain to me how anyone can see any possible redeeming value in talking to Putin? We probably ought to just go ahead and push our button before he does his. And, what is it about lawyers? If I hear one more attorney say to me, “On the other hand,” I am going to throttle him. There is only one side to an issue, the right side. I do not need someone telling me to consider someone else’s views in politics, religion, the Supreme Court or my in-laws. In other words, there is nothing wrong with America, or the war in Ukraine, that could not be fixed if they would put me in charge.

These thoughts woke me up at 4:00 a.m. Georgia Time this morning after Peg and I had had a discussion with two of our Georgian (the country) friends yesterday afternoon. I had casually raised the thought that much as America reacted to the Cuban Missile Crisis, perhaps Putin was concerned about the United States and other NATO countries having military installations near Russia’s borders. Of course, we know we would not launch any nukes into Russia, but does Putin? Perhaps we should apply a lawyerly analysis and try to see the situation from all points of view. Well, I tell you, Gentle Reader, that was not a popular approach with my Georgian friends whose country has already been seriously encroached upon by Russia. In the Russia vs. Ukraine War, most Georgians and most Americans see only one side with one point of view. Russia fired before talking, so Ukraine and its allies should do the same. After all, Georgia or Moldova, or Poland may be next. If history is the guide, as it often is, then trusting Putin to be reasonable is not reasonable.

Peg and I like our Georgian friends who have been gracious and welcoming. Georgia is a beautiful country and our apartment right on the Black Sea would not show well ringed with Russian war ships. We do side with Ukraine as I also made several Ukrainian friends when I taught Ukrainian judges for a couple of weeks over Christmas time in 1999-2000.

Russia is in the wrong and Ukraine is in the right. That may start the analysis, but it should not end it. A nuclear war is not in Ukraine’s best interest nor in Georgia’s. And it most certainly is not in America’s. So, as I cautiously kept the remainder of my lawyerly, Jesus-type of mote and log reasoning about Putin to myself, I thought about all those times our friends and family wondered what was wrong with us when we gently said, “On the other hand.”

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