James M. Redwine

Foreign Intervention

The Price of Peace

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Photo by Peg Redwine

Americans relate to the Ukrainians’ passion to control their own lives. Of course, self-determination is not just an American or Ukrainian desire. It is a universal need for all people. However, when it comes to a democratic form of government there is an interesting historical tradition shared by Americans and Ukrainians.

We Americans rightly point to our Constitution that took effect in 1789 as a shining example of how a country’s government can be held in check as individual liberties are protected. However, in 1710 Ukrainian Philip Orlyk wrote and published a proposed constitution that called for a government designed to have three competing branches, Executive, Legislative and Judicial. Our American constitution was drafted principally by James Madison and was based mainly on the theories of French legal philosophers Montesquieu and Voltaire and the English legal philosopher John Locke along with legal theories underlying The Enlightenment. All of these thinkers did their work after Orlyk had published his constitution based on a democratic system of self-government.

Orlyk’s constitution was never put into operation. But the strong democratic ideals of the Ukrainian people were a part of what the German legal philosopher Friedrich Carl von Savigny (1779-1861) would have described as the Ukrainian nation’s Volksgeist. Volksgeist is the inherent common spirit of a particular culture, in this case Ukraine.

When we are amazed that the Ukrainians are so vigorously and courageously opposing aggression from the third most powerful military on earth we can look to their spirit, their Volksgeist of democracy. This deep passion for self-determination when coupled with the natural advantages of fighting for their homeland have allowed the Ukrainians to stand up strongly against the great Russian bear. Will they win, yes, because they already have. Much of the world is on their side and is supporting them. Will Russia eventually gain physical control of Ukraine? Maybe, but emotional control over the hearts and minds of the Ukrainians, probably not.

How will this war reach what in mediation is called a quiescent state? There are many possibilities. In the long run the outcome is a subject of pure speculation. But in the short run a few things can be suggested. In all negotiations each side has their dream outcomes and each has what they eventually will accept. Russia probably hoped for total capitulation by Ukraine and Ukraine probably hopes for surrender by Russia. Neither outcome is likely.

Should total victory be beyond either country’s grasp, Ukraine may settle for sovereignty of all Ukrainian territory west of Russia including free access to the Dnieper River from the Black Sea plus sovereignty over the port of Odessa. Whereas Ukraine may want and may deserve reparations of billions of dollars from Russia, Russia cannot provide for itself much less re-build Ukraine. Ukraine will look to America and others such as Germany, France, Canada and Great Britain for economic aid.

Russia may be eager to get out of the quagmire it has blundered into if Ukraine concedes Crimea, already a fait accompli, and any port on the Black Sea or the Azov Sea excluding Odessa. Russia would have to sign a treaty that promises no future incursions into Ukraine and no interference with the Port of Odessa or use of the Dnieper River. Ukraine would have to sign a treaty that binds itself to not seek or accept NATO membership as long as Russia abides by the peace treaty. Of course, there are thousands of other possible significant concerns both countries may wish to have go their way. But peace requires sacrifice.

A Cuppa For Peace

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Post Card from Moscow Coffee Bean. Photo by Peg Redwine

Starbucks Coffee Company has suspended operations in all 130 of its Russia based coffee shops as a protest to Russia’s invasion of Ukraine. The first shop opened in September 2007 in Moscow. Peg and I were in Moscow in 2003. We are Americans. We drink coffee. We were in anguished caffeine withdrawal almost the whole week we were in Russia. I applaud Starbuck’s gesture but worry about those people who are forced back to the pre-2007 coffee-less culture in Russia. Of course, the blame lies with Putin but the headaches are visited on the Russian proletariat as war is visited by Putin on the Ukrainians.

In 2003 Peg and I, after long and frenzied searching, located one coffee shop, The Coffee Bean, in Moscow. As this was our first trip to Russia we had been unaware of Russian culture which at that time considered one cup of instant coffee in tepid water good enough for such foreigners as we. The cold turkey shock treatment made us acutely aware of a society where vodka and cognac were more available at breakfast than coffee.

I do not expect Putin to come to his senses on his own so his war on Ukraine will most likely play out as such debacles always have. There is the initial shock and awe, then the search for weapons of mass destruction, the trading of lies and misinformation, then death, injury and misery followed by years of confusion and remaking of history by the survivors.

I do wonder what Putin’s thought process was that led him into this tar pit. He keeps making public statements and allegations about NATO and Ukraine’s belligerence. His statements and actions appear to arise from paranoia, what most of the world sees as an unreasonable fear that Ukraine and the other pre-1991 Soviet Union countries along Russia’s western border will be used as bases for the United States and our allies to attack Russia.

Putin may have reasoned that as Ukraine was steadily building up its ties to democracies such as America, if he did not strike now, he would have no viable defense to a stronger Ukraine that might become a member of NATO later. Such an analysis seems ludicrous to us but it is not our thought process that is in question. If Putin believes it, even if it is false, then his actions may make sense to him.

He also may have been misled by the relative ease with which Russia took over Crimea from Ukraine in 2014. In today’s attack his objective may have mainly been to take over that part of Ukraine, such as Odessa, that borders the Black Sea. But then he made a common tyrant’s mistake. He got too greedy and decided to grab what was left of the remainder of Ukraine beyond Crimea.

By this time, Gentle Reader, if you are still with me, you are asking, “What does any of this have to do with coffee?” Okay, as Fareed Zakaria might say, “Here’s my take”. I hope the Russian people will have become so hooked on coffee after 2007 that this forced Starbuck’s withdrawal will cause them to see Putin for the despot he is. Then perhaps the aroused common citizens will rise up and replace the warmongering Putin and his incompetent military leaders. If the Russians feel anything similar to the way Peg and I did in 2003, revolution is not so farfetched.

JPeg Osage Ranch Coffee Bar. Photo by Peg Redwine

To Your Health (VÁSHE ZDARÓVYE)

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At Coffee Bean, Moscow, 2003, picture taken by Peg Redwine

Whomever President Biden nominates to the U.S. Supreme Court, apparently Ketanji Brown Jackson, if confirmed by the Senate, will serve for life. If you have read Gavel Gamut recently you may recall I have called for a ten-year term limit for all federal judges. Although our federal judges are not of the same ilk as Russia’s President Vladimir Putin, his twenty-two years in office with the opportunity to run for another six-year term in 2024 might help illustrate why term limits are worth considering.

Russia’s Constitution gives Putin much more autonomous power than our President or any of our nine Supreme Court justices. However, as almost all things in life, political power is a matter of degree. The photograph that Peg took of me reading a Russian newspaper in a Moscow coffee shop in 2003 contains a headline showing, in English, that Putin was announcing his intention to run for re-election. He was first elected president in 1999.

From our cave man days we have recognized that power corrupts and that the more and the longer a person has power the more he or she is tempted to abuse it. Putin has abused his immense power by invading Ukraine. Of course, he asserts his actions are required by the allegedly genocidal Ukrainian officials who are supposedly suppressing Ukrainian citizens, many of whom are culturally connected to Russia. Stalin and Hitler would have been proud of such an analysis; their terms of office should have been limited to zero.

When the National Judicial College sent me to Russia in 2003 to teach Russian judges how we in America conduct jury trials, Peg and I spent a few days in Moscow and a little less than a week in Volgograd, the old Stalingrad. We met and enjoyed many Russian citizens and often reflected on how lucky we were to have been born in America. We saw groups of unemployed young men wandering aimlessly along Tverskaya Street, Moscow’s main thoroughfare, carrying multiple bottles of beer and wine in their arms. When we attended the seminar in Volgograd, alcohol was more prevalent than educational materials and American rock and roll music was more popular than questions about how to afford civil rights via jury trials. The Russians appeared to be eager to escape the harsh realities of the Russian economy. Perhaps that is Putin’s true motivation, to take the minds of everyday Russian citizens off their harsh existence.

How ironic it is that Russia has invaded Ukraine when the lives of the Ukrainians are as drear as those of the Russians. Peg and I have often noted that nobody who was sober did much smiling in either country. Perhaps the Russian government is wanting to reprise its former use of the fertile fields of Ukraine in the feeding of the Russian populace. Once Ukraine was Russia’s bread basket. Now it barely feeds itself. But Russia may hold out hope for greener pastures anyway.

Many pundits are opining that Putin’s real goal is to be the new tsar of a reconstituted Soviet Union. Maybe so, but if he wants to win the hearts and minds of the Ukrainian people, and perhaps those in Latvia, Estonia, Belarus, Moldova and even those of his own Russian citizens, he ought to refer to the Bible’s Book of Isaiah, Chapter 2, verse 4 and beat the Russian swords into plowshares. What the Ukrainians need, and the Russians too, is not more armaments but more economic development, not more soldiers but more farmers and store clerks.

That is an approach that the NATO countries should consider. For the trillions of dollars in soon to be lost military “aid” from America, Germany, France, Italy, Great Britain and others so willingly lavished upon Ukraine, we could “sanction” Putin with economic benefits to Ukraine and other at-risk countries on Russia’s borders. Yes, such an approach might make those countries more ripe for conquest but, if we use the same type of diplomacy we so successfully applied in the Marshall Plan, we might win friends instead of guaranteeing ourselves a nuclear powered enemy with terrible resolve. Perhaps we should ♫ study war no more ♫ and encourage Putin to do the same with honey, not vinegar. After all, the vast amount of vinegar we are wasting our precious assets on is just being used to make everyone involved more bitter.

The Briar Patch

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Hitler’s troops easily conquered that part of Stalin’s USSR known as Ukraine in 1942. Total world victory was almost in Germany’s grasp. Then Hitler decided to bring Russia to its knees at the Battle of Stalingrad. Six hundred thousand dead German soldiers and six months later Germany was on its way to total defeat. The Russians sacrificed one and one-half million of its soldiers to confront Hitler’s arrogance. Neither Russia nor Germany has forgotten this carnage.

When one visits the site of the battle in Volgograd, Russia today there is a 172-foot-tall statue of a Russian woman thrusting a sword into the sky. She stands erect on Mamayev Hill and guards the hallowed ground where so many died. There is a memorial close to her feet where the names of countless dead soldiers are carved into marble walls that line a descending walk to an eternal flame. No one makes a sound as they honor the fallen heroes.

When the United States government complains that Germany is not rushing to confront Russia’s belligerence on the border of Ukraine, a visit to Volgograd might explain Germany’s caution. As for us, we need only to recall our ignominious exits from our incursions into Afghanistan (2001-2021) or Viet Nam (1955-1975) to give us pause.

Most of us learn the hard way that angry and arrogant challenges often lead to dire repercussions. America may wish to tread cautiously in our efforts to dictate how other countries should handle their border crises. We did not brook Great Britain’s claims to territory below the 49th parallel (Fifty-Four Forty or Fight) in 1846.

And the same President, James Polk, who demanded the Oregon country from Great Britain annexed the Republic of Texas that Mexico believed should be a part of Mexico. Texas and Mexico share a border that is over 1,250 miles long. The border between Ukraine and Russia is over 1,400 miles long. About 40% of the residents of Texas are of Hispanic/Latino descent and for about 30% of Texans Spanish is their native language. Of the 41 million Ukrainians about 17% are of Russian descent and for about 30% of Ukrainians Russian is their native language.

As Ukraine was a part of Russia for hundreds of years, until 1991, and there are deep geographical, cultural and historical ties between Russia and Ukraine, Russia may consider Ukraine much as we considered “Oregon” and Texas. That does not mean the world should ignore Russian aggression or Ukrainian independence. It should, however, advise government leaders and those who would bang the war tocsins to remember that briar patches might be easily entered but may result in much lost skin to exit.

The First Casualty

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When our son, Jim, served in the Gulf War in 1990-91 and the Iraq War in 2006-07 and briefly in the Afghanistan War in 2007 he observed one of war’s most vital premises: our country should never fall behind the curve of military superiority. America was fortunate to recover from Pearl Harbor in time to help the Allies survive World War II. In the age of nuclear and cyber warfare we might not be able to survive World War III with outdated technology. The United States must remain vigilant. Vigilance does not call for aggression. In fact, our Constitution demands defense, not offense. However, we have been in an offensive mode militarily since we unwisely intervened in Viet Nam after France was driven out in 1954 after the Battle of Dien Bien Phu. Beginning in 1956 America saw fit to emulate the errors of the French and we have been intervening militarily in numerous countries ever since.

One thing we Americans thought we had learned from the discovery that our government had misled us into the Viet Nam War was the old truism that in war the first casualty is truth. This adage is often attributed to Aeschylus (525-456 BCE) but it probably has been noted by many observers of peoples drawn into wars by their leaders. By the way, those leaders have almost always not been the ones to do the fighting.

Such examples as King David sending Uriah to die in battle to hide David’s seduction of Uriah’s wife, Bathsheba, Second Samuel, chapter 11, or perhaps President George W. Bush’s false claim that Iraq had weapons of mass destruction or now our government’s claims about our war in Afghanistan may illustrate this ancient principle.

Just this month Special Inspector General for Afghanistan Reconstruction John Sopko testified before the House of Representatives Foreign Affairs Committee that America’s war in Afghanistan, our longest war ever, was conducted on a basis of lies to get and maintain Congressional political and funding support. The Washington Post newspaper published reports that Douglas Lute, former White House Afghan War official under both President George W. Bush and President Barack Obama, had testified America invaded Afghanistan in 2001 without a fundamental understanding of Afghanistan or what America planned to accomplish there.

Of course, Americans are no longer surprised that our government misleads us into wars. Unfortunately we have become inured to it. That is the danger. It is as frightening as the old story of the boy who cried wolf. If our government continues to mislead us into unnecessary wars, will we citizens respond appropriately when, and it could happen some day, we are asked to sacrifice our lives and treasure for a just cause such as our country’s survival?

High Crimes And Misdemeanors

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Old Cadet Chapel, West Point

If you visit our country’s most hallowed military institution at West Point you will find America’s most infamous traitor, Benedict Arnold, is as reviled today as he was in 1780. Arnold had been one of General George Washington’s closest colleagues and was in command of Fort West Point when he plotted with British Major John André to surrender West Point to the British.

André was caught and hanged but Arnold escaped to England where he joined the British Army as a general and then engaged in battles against America. Such treachery is not easily forgiven. When you enter the venerable old Cadet Chapel at West Point you will find there is no mention of Arnold; his name has been removed from where others are displayed with honor.

Interior of Old Cadel Chapel

If even now America has not forgotten what treason truly is you can imagine how the Framers of our Constitution felt when they wrote our Constitution only seven years after Arnold’s betrayal. When Article II, section 4 of the Constitution was drafted treason was the first reason given for impeachment:

“The President, Vice-President, and all civil officers of the United States shall be removed from office on impeachment for and conviction of treason, bribery or other high crimes and misdemeanors.”

Article I, section 5 gives the House of Representatives the sole power of impeachment and Article I, section 3, subsection 6 gives the Senate the power to try the charge of impeachment with a conviction, and subsequent removal from office, requiring a two-thirds vote.

We have had forty-five Presidents of which three have been impeached: Andrew Johnson (1865-1869); Richard Nixon (1969-1974); William Clinton (1993-2001); and now perhaps, Donald Trump (2017-?). Andrew Johnson and William Clinton were not convicted. Richard Nixon resigned. And Donald Trump’s situation is yet to be determined.

I do not know the significance of why America went from George Washington (1789-1797) to 1973 with only one presidential impeachment then has had two, and perhaps three, since then. My speculation is the bar for impeachment has been lowered from the behavior of a Benedict Arnold to a standard based on personality. Have we transitioned from treason to Tricky Dicky, Slick Willy, and, perhaps, Dodgy Donnie? If so, the cautionary statements of then Representative Gerald Ford and the Founding Father and main architect of the Constitution James Madison may be worth considering. “An impeachable offense is whatever a majority of the Members of the House of Representatives says it is” (Ford); and we should be aware “Maladministration” [or its kin] is, “so vague a term [as] will be equivalent to a tenure during pleasure of the Senate.” (Madison).

A short-hand interpretation of these admonitions is that America should not allow itself to become a nation based on the fluctuating opinions of those in Congress but only upon a system of law as sought by those who crafted our Constitution.