James M. Redwine

News Media

The Sky’s Falling

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The national media push a highly addictive drug called paranoia. If one wants to get a reliable weather forecast or find out if a local kitten is not lost, local T.V. and regional newspapers are the best source. But if we are in need of a rush brought on by fear of catastrophe or schadenfreude, we flip the remote incessantly between CNN and FOX. CBS, NBC and ABC are available but boring. PBS can be interesting but is about as exciting as a library. No, if we want cataclysm or the satisfaction of seeing the rich and powerful fail, we must have cable. You might wonder about MSNBC but we can only take so much self-indulgent cynicism.

Gentle Reader, if you were awake, as I was at 4:00 a.m. staring at the peach-colored ceiling and wondering if I should use the restroom again or make a cup of coffee, you may have defaulted to cable T.V. That is where I saw the bobbleheads of CNN and FOX fervently seeking our advertising eyeballs by continually ratcheting up the partisan rhetoric. In between the machine gun fire of five minutes of adds were crammed five-minute exhortations camouflaged as news. Today, as usual, CNN was frothing about Donald Trump and FOX was exorcised about Cuba and communism, which FOX posited was one and the same.

CNN was giddy with the no-so-breaking story that former President Trump was unhappy about the last election, so much so that General Mark Milley, Trump’s choice for Chairman of the Joint Chiefs of Staff of the military, was concerned about a peaceful transfer of power. FOX apparently either did not know who Milley was or did not care. FOX made no mention of this “bombshell” possibility. FOX was excitedly showing Florida Governor Ron DeSantis’ campaign coozies which attacked Anthony Fauci as FOX repeatedly rolled film of protests in Cuba. CNN did not take note of Cuba nor communism as its commentators were busy extolling the virtues of giving away trillions of dollars of borrowed taxpayer money.

What came through quite clearly, even as I dozed in and out while desperately seeking facts hidden among the rushes of opinion, was that CNN and FOX both believed that Chicken Little was correct. Each of their favorite evil acorns that fall upon us is a harbinger of the sky’s collapse upon America. We must eliminate all vestiges of Trumpism, and now DeSantisism too, along with President Biden and any federal help for poor people. Of course, we can do this by buying the products hawked among the invective spewed by the incredulous news anchors. Just as grade school teachers emphasizing that we children should obey the crossing guards, cable news claims it is our best source for gospel; critical analysis is just too much trouble and no fun besides. Most importantly, run out and buy more stuff before prices rise again.

Mox Nix

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American soldiers stationed in Germany picked up the German saying “Macht nichts” and anglicized it to Mox Nix. Either way it means, it doesn’t matter, kind of short hand for don’t sweat the small stuff. If you read the Gavel Gamut entitled “Wheat from the Chaff” you might recall the general topic involved the American legal system’s treatment of high-profile cases such as the George Floyd/Derek Chauvin matter. Judge Cahill in that Minnesota jury trial was faced with several issues related to publicity about the case. The judge was asked to change the venue of the jury trial out of Hennepin County, MN; he refused. The judge was asked to sequester the jury; he refused. And he was asked to recuse himself as judge; he refused.

The basis for each of these requests from defendant Chauvin was imputed bias because the judge, jury, victim, defendant and witnesses were from Hennepin County and, there might be prejudice due to personal experiences with the local area and populace, or from the pervasive local media coverage. The defense asserted the judge and jury would perforce decide the case not based on the evidence but without regard to the proven facts, or worse in spite of them.

While I have no position as to the validity of such allegations in the Chauvin case, in general, it strikes me that such fears evince disdain for the character of judges and jurors. Do those who aver a trier of fact would find someone guilty or innocent based on personal bias in the face of admitted evidence proving the opposite really think so little of their fellow citizens? Haven’t we all had to make many difficult choices that often go counter to what we would prefer? Then why would we assume others are made of lesser stuff than we? If we were the judge or jury wouldn’t we swallow hard and decide the case as required by the law and the evidence in spite of what we might wish the facts to be? So why not afford our fellow citizens that same consideration?

Does that mean no case should ever be venued or no judge should ever recuse? Absolutely not and I was neither the judge nor a juror in the Derek Chauvin case so I take no position on whether Judge Cahill erred or whether the jury based its verdicts on improper factors. Those issues are now going to be reviewed by the Minnesota appellate courts which will have the duty and ability to ascertain whether the trial was fairly conducted by the judge and proper verdicts returned by the jury.

Most judges and most jurors most of the time have the ability and character to recognize when their personal feelings and news accounts must be set aside if a just verdict is to be reached. In those circumstances where human frailty overcomes treating others in court the way we would expect and like to be treated, we do have appellate procedure as a safeguard. Most cases are decided in circumstances where extraneous matters could be influential on the outcome. However, America’s legal system and the citizens who are responsible for operating it have the ability to sift the wheat from the chaff and they have the character to know when to say Mox Nix.

The National Inquirers

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Investigative journalism that uncovers and publicizes official corruption has an American tradition going back to John Peter Zenger who was born in Germany in 1697 and died in New York in 1746. Zenger was a printer who wrote exposé articles about our English cousins’ ham-fisted governance of New York, especially by the Royal Governor William Cosby. Cosby took umbrage at these early efforts to inform Americans about government malfeasance. Cosby had Zenger charged with libel but in 1735 a jury refused to convict Zenger because the jury determined that what Zenger wrote about Cosby was the truth. What Zenger printed about Cosby related directly and only to Cosby’s actions as governor. Cosby’s personal life was not in issue. Such subjects as the state of his laundry or personal habits were not material to Cosby’s official actions. There was no “need to know” any salacious scatology.

The First Amendment is our best protection from bad government but it should not be cited in support of mere muckraking. Gossip is fun, if it is about others, but it is not germane to curing our body politic of corruption or bad decisions. And a bipartisan cooperation on matters of national importance would be most welcome. We have certainly been blessed many times before with such attitudes. For example, Republican President William Howard Taft appointed Republican Henry L. Stimson (1867-1950) as Secretary of war (now Secretary of Defense) in 1911-1913. Then later two Democratic presidents, Franklin D. Roosevelt and Harry Truman, appointed Stimson for the same position (1940-1945). Stimson had the experience and knowledge America needed. His political party affiliation was irrelevant to understanding and meeting the threats to our country from Japan and Germany.

But even though Stimson was not naïve about foreign designs on American assets he famously eschewed delving into personal matters. Stimson’s most famous quote relates to secret Japanese dispatches. Stimson explained trust cannot be established by distrust. He succinctly posited: “Gentlemen do not read one another’s mail.”

As story after story and book after book come out about Joe Biden and Kamala Harris and Donald Trump and Mike Pence the muckraking inundates the investigative journalism. We do need to know our politicians’ philosophies, positions and past performances. But such information is sometimes obfuscated by “revelations” about their personal lives and peccadilloes.

Yea! Football Is Back!

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“The crisp autumn air. The dry brown grass. Sweaty pads and the exhilaration of combat without weapons. The kind of battle where one can experience the thrill of having been shot at and missed without even being shot at. Football. Ersatz war. Clashes of pride, power and cunning.”

Echoes Of Our Ancestors: The Secret Game, p. vii

James M. Redwine

Baseball may be America’s Pastime but football is America’s Passion. The only thing more endemic to the American psyche than football is politics and I am sick of politics. If, “politics ain’t bean bag”, it ought to be. Any sporting event from ballet to boxing is healthier for our country than political conventions and cable news. Heck, even a good old-fashioned fist fight often results in life-long friendship versus contemporary political campaigns in which social media is used much as small pox was allegedly used against Native Americans by the British colonial soldiers in 1763.

The difference between sporting contests of all types and modern national politics is glaring. When I think back to those times my erstwhile adversaries became my current friends via a skirmish over some forgotten controversy, I long for those days. My friends and I spent no time accusing one another of being a liar or a murderer or even a traitor to our country. We would just drop our baseball gloves or kick our opponent’s marbles out of the way and start the shoving process. Every now and then we would even throw a punch. I will not name those who bloodied my nose or tore off my T shirts but we buried our hypothetical hatchets immediately after each fray. Our politicians and news anchors could learn something.

Another thing we learn from sports versus politics is that the pain of physical injuries almost always goes away whereas the sickness of false comments can grow fatal to our body politic. There is something liberating from a sweaty fight or a sweaty game. But often permanent harm results from accusations of venality and planted stories of misdeeds.

Anyway, I am glad football and other games are coming back and I hope we will soon be able to engage in them and/or enjoy watching them in good health. I leave it up to each community and every individual to decide whether they feel comfortable participating in or watching in person any sporting event. Peg and I certainly want the right and ability to decide such highly personal matters for ourselves and we will afford the same right to others. However, the lessons from sports are easily learned and, unlike high school Algebra, one will always remember them. In fact, as I think of the fist fights and sporting contests I engaged in it now seems to me I never lost and I have gotten a lot faster, stronger and more talented as the years have transpired.

Of Motes And Logs

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Last week the National Basketball Association deferred its 2020 playoff games out of respect for the Black Lives Matter movement. The incident that was the catalyst for the Milwaukee Bucks professional team to decide to boycott game five of the playoffs against the Orlando Magic team was the shooting of 20-year-old Jacob Blake, a Black man, on August 23, 2020 during an encounter with the police in Kenosha, Wisconsin. Blake informed the arresting officers he possessed a knife but he did not wield it. Blake’s shooting struck many as part of a continuum that began May 25, 2020 in Minneapolis, Minnesota when 46-year-old George Floyd, an unarmed Black man, died as a result of an encounter with police. In between Floyd and Blake several other incidents of police/Black person violence have made national news. History records numerous such incidents and a great many more have not been recorded but exist in the psyches of both minority and majority populations. Until cell phone cameras became ubiquitous such incidents tended to get lost in the vagaries of competing memories. Today the incidents are often still in dispute but there may be video and audio evidence to analyze in search of the facts as opposed to mere opinions.

In my experience the truth as believed to be proved by whatever evidence may exist tends to depend to a large extent upon the ability of the observers to set their personal prejudices aside and apply a degree of objectivity to the situation in question. Although such matters as the Blake and Floyd cases are qualitatively light years from sporting events, perhaps an analogy may still be apt when it comes to determining the actual facts as opposed to opinions about the perceived facts or, more likely, the projected ones.

When a sports fan endures the indignity of an umpire’s or referee’s close call against the fan’s team, it is the rare fan who congratulates the official for his/her judgment. What may look like interference to the referee may look more like “no harm, no foul” to the fan. Of course, when it comes to issues of race the emotions are much more complicated and visceral and deadly force or resistance may be involved. If in war the first casualty is truth, when it comes to matters of race and ethnicity truth often depends more on the culture of the observers than observation alone. That is why the wise people who founded this country fashioned a government of laws. Without law the scales of justice tend to dip in favor of whoever has the power to put their thumbs on the scales even when they would swear, and probably believe, they are fair to a fault.

About the best we can hope for, even in ourselves, is that we recognize our judgments on matters as fundamental as human rights are often influenced by our particular frailties and that our frailties come from our particular culture. Then we can bring up the logs that are in our own eyes and try to account for them in determining what the evidence truly proves in any particular case. People whose duty it is to make judgments on the behaviors of other people often learn, sometimes the hard way, that their conclusions about what certain evidence proves have been subconsciously affected by personal factors related more to the person doing the judging than the actual behavior of the ones they judge. This phenomenon has been recognized by trial lawyers and judges since we homo sapiens first began to settle our disputes in court instead of with clubs. That is one of the main reasons attorneys prefer to settle cases by compromise as opposed to seeking the full measure the attorneys believe their clients may be entitled to from a decision by a judge or jury after a trial. Over 95% of all court cases settle without a trial. The attorneys know that it is rare for a court decision to be intentionally biased but it is often subconsciously so. And if this is true with trained judges it is good to keep inherent biases in mind with such organizations as political parties and the media.

There are remedies to unjust treatment that has resulted from unrecognized prejudices. However, such things as money damages are usually insufficient compensation, especially if permanent disability or death to either an offender and/or officer occurs. Prevention is a better treatment. And prevention requires that we look deep within ourselves, hopefully well before, but at least at the time of a racially or culturally charged incident. Such introspection should be demanded of all whose job it is to control the behavior of others; police officers and judges come to mind.

But all of us would do well to recognize our potentional to unfairly discriminate based on factors we rarely acknowledge to ourselves. Of course, one of the best remedies for eliminating prejudicial behavior is an atmosphere where all points of view are allowed to be considered and evaluated. That is why Frederick Douglass (1818-1895) stated that the right of free speech is … “the dread of tyrants”. Perhaps Douglass recognized that tyranny can also come from within each of us and that the atmosphere of our current Cancel Culture that is festering hate on college campuses, in the news media, in politics and even among friends may be the place to start addressing systemic prejudices.

Don’t Blame Me

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Andrew Jackson was a notoriously bad speller. His response to the critics of his errors was not an effort to learn to be a better speller but to blame his critics. Jackson proclaimed, “It’s a damned weak mind that can only think of one way to spell a word.”

Things have regressed from Jackson. According to communications expert, Carol Blymire, as reported via Twitter and broadcast by WIBC radio host Tony Katz on July 16, 2019 an attempt by an editor to correct a reporter’s spelling was just plain meanness according to the misspeller. Ms. Blymire related a reporter in her late 20’s had spelled the word hamster as ham(p)ster and her editor amended it. The reporter said she could spell it that way because that was the spelling she had learned. It did not need changing. When the editor insisted on the correct spelling the reporter broke into tears and texted her mother to seek punishment for the editor.

Now, as a writer of hundreds of articles and thousands of court rulings I can sympathize with the reporter. My wife, my sister, my court reporters and the reading public can attest to my unlikely winning of a spelling bee. However, I have managed to accept, sometimes begrudgingly, corrections of my versions of words. So far I have avoided tears and I have not asked my mother for spelling support since I escaped grade school.

However, this is not an article about spelling but about individual responsibility in our current culture of blaming everyone but the actors for the results of their bad behaviors. Take bankruptcy for example. There are sound reasons of public policy for allowing citizens to claw their way out of crippling debt so they can get on with their lives, pay taxes on new income and begin anew. Horrendous medical expenses incurred by patients with illnesses or birth conditions or from accidents can often never be paid even by hardworking families or even those with substantial means. In such cases society does itself a favor by allowing a fresh start. There are, of course, other situations where bankruptcy is not only justified but good public policy. But a simple avoidance of responsibility is not in anyone’s interest. The writing off of student loans after one voluntarily goes to college and accepts the benefits of an eduction is not fair to others and not in America’s best interest. After all, about two thirds of the costs of college degrees are not paid by the graduates anyway but are provided by public funds. Once again it is simply the avoidance of responsibility. As one who benefitted from student loans, which were repaid, and as one who received the G.I. Bill, after serving in the military, I am supportive of student aid but not student failure to earn or pay for the assistance.

When America hears about the latest mass killings and listens to politicians and news media blame everything and everybody for the heinous acts, it may be an indication of how far we have traveled from facing the extremely difficult, long-term incremental solutions to our complicated cultural problems. To cast aspersions and ad hominems against third persons when someone commits an evil act seems to have become our go to response. It is somewhat akin to eliminating winners and losers from everything from little league sports to academic achievement. Affirmative Action is a necessity when it is used to ensure that people with superior qualifications are not discriminated against simply because of their gender, race, religious beliefs, sexual orientation or ethnicity. However, it is wrong to elevate one simply on that basis. It is like getting a participation trophy. Competition should be on a fair basis, but discouraging competition is an insult to those who might do better if their shortcomings are corrected. And America might do better with unacceptable behavior if we place responsibility on the actors actually involved.

If Republicans and the conservatives publicly allege that the policies and statements of the Democrats and the liberals are to blame for the mass shootings, and vice versa for the Democrats and the liberals, it is as if everyone is falsely shouting fire in a crowded theater. Solutions to mass shootings will not come from such shifting of responsibility. The hard work of addressing these complicated issues cannot be done by simply complaining to our mommies.