James M. Redwine

Foreign Intervention

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 In the age of nuclear and cyber warfare we might not be able to survive World War III with outdated technology.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.

 

Of Founders and Russians

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Harvard law professor Michael Klarman was the keynote speaker at the June 2019 Indiana Graduate Judges Conference. As an attendee I received a signed copy of Klarman’s book, The Framers’Coup, The Making of the United States Constitution. Gentle Reader, to give you some perspective on the exhilarating experience of a law professor’s book, the tome’s Note and Index sections run from page 633 to 865. Of course, the substance of the book contains 632 pages of which several pages thank the law students who did the grunt work. Regardless, I do recommend the book to you as an interesting and often surprising exposition of how our Constitution survived the throes of birth. As Klarman says of our pantheon of founding heroes:

“In the book I try to tell the story of the Constitution’s origins in a way that demythifies it. The men who wrote the Constitution were extremely impressive, but they were not demigods; they had interests, prejudices, and moral blind spots. They could not foresee the future, and they made mistakes.”

This is Klarman’s raison d’etre for writing the book. His admonition is that the men, and they were all white, Anglo Saxon, Christian men, who struggled for six months in Philadelphia in 1789 to create the United States were just men, not gods. Some of them owned slaves, some did not. Some were from populous states, others were not. But they were all mere mortals with virtues and defects.

The underlying message of the book is that if those men could find a way to overcome their political and philosophical divisions, we and future Americans should also be able to. For example, in our current culture wars where President Trump alleges Ukraine helped Secretary Clinton in the 2016 election and Clinton alleges Russia helped Trump and more recently both Trump and Clinton and many others are flinging arrows in all directions alleging our leaders are “foreign assets” we should just chill. If James Madison and the Federalists and Thomas Jefferson and the anti-Federalists could reach compromises, we should be able to also.

The salient issues and the thorniest were how could our Founders apportion representation among populous and less populous states, how was slavery to be addressed (or not) and could common citizens be trusted to govern themselves.

According to Klarman, as our Framers struggled to hold the Constitutional Convention together the Federalists and the anti-Federalists, “Questioned their opponents’ motives and attacked their characters, appealed to the material interests of voters, employed dirty tricks and made backroom deals when necessary.” Sound familiar?

Okay, you probably are choosing to go sort your socks rather than to hear any more from Professor Klarman or from me. But a word of caution, Gentle Reader, if I have had to experience the joys of all the almost 900 pages of Constitutional history, you may have the same opportunity in next week’s column. We might even delve into the vicissitudes of whether the United States Supreme Court is truly independent or are its decisions as politically based as those of the other two Branches

Sticks And Stones

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Special Consul Robert Mueller testified before Congress on July 24, 2019. During his six hours of testimony before the House Judiciary Committee the major emphasis shifted from concerns about the outcome of the 2016 presidential election to attempts by foreign countries to influence all of our elections.

Mueller testified that for many years and right up to our next election cycle in 2020 several foreign entities were involving themselves in our democracy. And while Mueller specified only Russia for 2016 he made it clear that we should be aware of other actors. Iran, Israel and even our first cousins the British, among numerous others, have sought to inveigle themselves into our governmental decisions.

We have often been subtlety and sometimes not so subtlety nudged toward or away from war or toward or away from alliances with other countries. The favored techniques in days before the internet were the planting of fake newspaper stories or biased books and movies. Today spy dossiers or misleading memes and tweets over the internet are the preferred methods.

But if the aim of a foreign country is to defame or embarrass a politician it seems silly to dispense dirty secrets or even create false ones when such disclosures and prejudiced articles appear in the newspapers and on television every day. For example, if a country wanted to defame Donald Trump it should just encourage Americans to read The New York Times or watch CNN. And if a foreign entity wished to bring down Hillary Clinton it should republish stories from The National Enquirer or push FOX News. There is no need for foreign attempts to bring down a candidate for public office when we do such a thorough job of that ourselves.

What is even more perplexing is why any foreign country cares about our elections when we care so little about the outcomes ourselves. About 40% of eligible voters do not vote in presidential elections and only about 40% trouble themselves to vote in mid-term national elections. And when it comes to state, county and city elections most of the voters are those hoping to get jobs from the winners.

The bottom line may be that foreign entities are often more concerned with the outcomes of our elections than we are. Maybe we should learn from them.

Name That Phrase

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When I want to take a walk I prefer my most comfortable pair of boots. When I want to return to a destination I choose the route I previously successfully traveled. Even when I mow my yard I normally approach the task the same way each time. Surprises are okay for birthdays and Christmas, but for almost everything else familiarity tends to work best if it is an option.

So when the New Harmony, Indiana Working Men’s Institute asked me to speak this Fourth of July after the initial glow of pride the rush of trepidation led me to seek out shelter in time-tested material such as the following offerings. As most of the original authors have already received their “summonses to join that innumerable caravan..”, I presume a little plagiarism will pass without complaint.

As to July 04, 1776

It was the best of times, it was the worst of times. The British had provided America with a system of government, but imposed taxes upon us to pay for it without allowing us to be represented in our own government.

It was a time of dark and stormy nights filled with British soldiers being quartered in our homes without our permission and Americans being impressed to serve on British ships. Such treatment incited the embattled American farmers to stand at Lexington and Concord and fire the shots heard ‘round the world. At least one patriot decided death was preferable to dishonor and wondered why some still remained silent while their brethren were already in the field.

Others declared the course of human events made it necessary to sever America’s ties to Great Britain and take its rightful place among the nations of the world. From 1620 until 1776 people had dithered and wondered whether to be or not to be free. Whether it was nobler to suffer Britain’s slings and arrows or to take up arms and oppose them. In other words, should we drink high taxed tea or dump it in the harbor?

Fortunately for us our Forefathers and Foremothers chose liberty over acquiescence, freedom over paternalism and sacrifice over dishonor. Thanks to all of them.

Another Empty Chair

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As President Trump and Secretary of State Pompeo negotiate with North Korean leader Kim Jong Un and his lead negotiator Kim Yong Chol over a possible summit, the 5.7 million Americans who served during the Korean War (1950-1953) continue to pass away. We have already lost about two thirds of them and on May 23, 2018 we lost another, Harold Lee Cox.

Harold and his brother-in-law Gene McCoy served in Korea at the same time. In September 2005 I wrote the following Gavel Gamut column about their service:

AN UNKNOWN VICTORY

You name the WAR:

Two countries are created from one by the greatest military power in the world and are monitored by the United Nations;

One country led by a ruthless dictator invades the other in spite of the United Nations warnings not to;

The Secretary General of the United Nations declares, “This is a war against the United Nations.”;

A United States President leads a coalition of world leaders to unite to drive the invaders out and re-establish the status quo;

An American general was placed in charge of the United Nations forces;

While many countries offered some help, the American military provided more than half of a million personnel in the war;

The aggressors were driven out of and liberty was restored to the invaded country; and

The mission for which Americans fought and died was accomplished.

If you said The Gulf War of 1990-1991, that is understandable.  Almost all Americans supported that war and recognized that victory.  However, I am talking about the Korean War of 1950-1953.  It too was a great victory for American and United Nations interests and helped prevent World War III.  We owe a huge debt to our Korean War veterans.

Two of those heroes (they just hate to be called that but, hey, it’s my column and facts are facts) are Posey County natives and brothers-in-law Harold Cox and Gene McCoy.

Harold fought with the U.S. Army’s 25th Division which suffered many casualties and bore much of the fighting in Korea.  Harold was an infantry rifleman and was the jeep driver for his company commander.

Gene was a combat engineer with the Army’s 84th Engineers Battalion and, also, served as a courier/mail deliverer.

Harold was on the frontlines and Gene was building wooden bridges about 1000 yards behind those lines.  Gene says Harold had it a lot rougher than Gene.

Both suffered the 20 below zero cold, the stifling heat and humidity, the loneliness, home sickness and fear in what those not there called a “police action.”

Harold said one of his worst memories, outside of dodging enemy mortar rounds for a solid year of combat, was the stench of the human waste the impoverished Koreans would save all winter and fertilize their rice paddies with in the spring.  Gene, also, mentioned that nauseating smell and the mud and flooding caused by the lack of vegetation due to constant shelling.

When Gene first arrived in Korea they put his outfit on a train which stopped frequently.  Each time it stopped the young soldiers were given a few rounds of ammunition and ordered out to guard the train from sabotage.  Gene said this initiation to Korea was more than a little unsettling.

Harold told me that the traffic signs in the war were a bit more to the point than those back home.  On one particularly dangerous stretch of road a sign advised:

                        “Get your ____ in gear and

                          drive like ____!  The NK

                          can see you.”

Harold paid attention.

Harold and Gene came home and re-started their lives.  Harold served as Mt. Vernon’s Water Superintendent for several years in the 1980’s and 1990’s.  Gene served as a Mt. Vernon City Councilman and the Posey County Recorder.  Gene is currently Posey  County’s Veterans Affairs Officer.  They both raised families and went on publicly as if there had been no Korean War.  However, privately what General Douglas MacArthur called “the strange, mournful mutter of the battlefield” never left their consciousness.

Of course, there was a Korean War and it helped save you and me from another world war.  It was a largely unappreciated “mission accomplished.”  Thank you Harold and Gene and all your fellow Korean War veterans.

It is only human to question the value of any military endeavor. But when one considers that our Korean War veterans of sixty-five years ago encouraged today’s world leaders to sit at a negotiating table rather than send more soldiers into new battles we owe our veterans the honor of saying thank you as we say goodbye.