Columns
The World In Ruins
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.
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.
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
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.
I Knew Santa Claus Was Real
One of the advantages of working in the former Soviet Union country of Georgia is that Peg and I spend our time where a great deal of history was made. It is not that the United States does not have an interesting story to tell. But the good ’ole US of A cannot legitimately lay claim to be the birthplace of wine as Georgia does or the birthplace of the Holy Roman Empire as does Georgia’s neighbor, Turkey. And one exciting aspect of being in a part of the world where so much of our history was made is that new discoveries of old history are being uncovered everyday. For example, it was recently reported that archeologists unearthed an ancient mosaic beneath the floor of a church in Demre, Turkey that was the original burial place of Saint Nicholas.
I do not know about you, Gentle Reader, but with Christmas less than two months away I was stoked to have scientific evidence that Santa Claus might really be coming down the chimney at JPeg Osage Ranch in Oklahoma. I just have to find a way to re-route him to our apartment in Batumi, Georgia. And since we do not have a chimney here I guess we will have to leave the patio door unlocked. We will not get home until March so I hope Rudolph has his G.P.S. system updated as to the 9 hour time change and the 6,500 mile distance between Oklahoma and Georgia. Peg and I plan to leave the patio light on all Christmas Eve.
Saint Nicholas lived from 270-343 AD and was a contemporary in what would become the country of Turkey with Constantine who lived from 272-337 AD. Constantine made Christianity an acceptable religion and established the Holy Roman Empire once he became Emperor in 306-337 AD. Constantine named Constantinople, now Istanbul, for himself. He also convened the First Council of Nicaea in 325 AD that produced the Nicene Creed that set forth some of the principles of early Christian faith, including much of the humanitarian beliefs attributed by history to Saint Nicholas.
St. Nicholas was born in Papara, Turkey and died in Myra, Turkey. He was alleged to have inherited wealth that he spent his life giving away to those in need. He was especially known for his generosity in giving gifts to children.
As for me, I never doubted such a person existed, but as the youngest of four children my Christmases were accosted by my older and more cynical siblings. Well, I hope they read this account that rings out with the joy of a great and generous spirit and I expect them to accept the scientific proof that I was right all along.
Whose Ox?
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.”
Affirmation Finally
I wrote the first of my over 900 “Gavel Gamut” columns in 1990 at the request of my friend, Jim Kohlmeyer. Jim was the Posey County, Indiana Republican Party Chairman and the owner of the New Harmony Times newspaper (now The Posey County News owned by my friend, Dave Pearce).
Jim had recently purchased the paper and was desperate for filler. He asked me, the Democrat, elected, Posey County Circuit Court Judge, to write a column about “legal topics.” Jim did not care what I wrote. Since 1990 and every week since April of 2005 I have written about topics from local heroes to national issues as I saw fit. As those of you, Gentle Readers, will note, in several of my burnt offerings my wife, Peg, had to bear the brunt of my ramblings. However, most of “Gavel Gamut” has dealt with legal topics. A major theme has been the legal system, particularly judges. The federal courts and especially the United States Supreme Court have been the recipients of my chagrin over these thirty-two years during all of which I have served and am still serving as a judge myself. Although after thirty-eight years on the Bench as a partisan-elected judge I term-limited myself and now serve in other judicial venues, such as the Country of Georgia and the National Judicial College.
As I have written numerous times, my belief is that our American democracy is in danger from non-elected, life-tenured judges. I have stated this position frequently and I hold to it firmly.
However, even though I have often expected returning brickbats from those who champion appointing judges and granting them life-tenure, almost nobody has seemed to ever take umbrage from or stated their agreement with my position until October 3, 2022
Then, voila, along came that great journalist and philosopher, Fareed Zakaria whose excellent Sunday morning CNN show, GPS The Global Public Square, is the only national news program I find to contain news. On October 3, 2022 at 8:00 p.m. Fareed aired his special, “Supreme Power, Inside the Highest Court in the Land.”
Now, Gentle Readers, I am not claiming, although I wish I could, that Dr. Zakaria has ever heard of, much less been influenced by my analysis on any subject. However, his special clearly stated one of the greatest current dangers to our democracy is life-tenured members of the U.S. Supreme Court and the totally politicized method of their selection process.
Let me say this about that (as President John F. Kennedy used to say), AMEN, brother Fareed!
Who’s In Control?
Peg and I were in our apartment on the seventeenth floor of our 90s-Era looking building at 6:30 pm (9:30 am Central Time) in Batumi, Georgia yesterday when the whole gigantic complex quaked and my chair, with me in it, moved. Peg had been out on the tiny open-air balcony watching hearty Georgians swimming in the Black Sea. She came right inside shaking about as much as the apartment. We had experienced earthquakes before in Indiana and Oklahoma so we realized why we suddenly had a complete loss of control over our lives.
Peg heard a loud crack while I, as oblivious as usual, just existed through the moment. It takes a lot of power to cause a 42 story high-rise apartment building to move even if it is built on the small mobile rocks that make up the Black Sea beach. After we decided The End was not yet here, we checked for damage; none was obvious but we now have less faith in our accommodations. Speaking of faith, we understood why there was a gold-colored statue of the Greek god Poseidon in the public square across from our home. Poseidon was the god of earthquakes and other natural disasters, such as floods and storms, you know, like the hurricanes currently attacking the Philippines, Cuba and Florida, among other victims. The residents of Batumi must have had to endure a lot of mini-quakes over the years and decided a statue to Poseidon might help protect them.
Apparently when we realize we cannot control our natural environment we humans create gods who can. It makes us more comfortable if we have something that can control Mother Nature even if it also has the power to destroy us. As for Peg and me, it did not help assuage our angst that earlier in the day we saw workers around our complex employing a couple of trucks and a crane that looked like they were leftovers from the Dust Bowl Era. It was apparent that the job was bigger than the tools even if the workers did not appreciate the problem.
It has now been about twelve hours since the earthquake and Peg and I have had the time to assess the situation. We know it was not the New Madrid earthquake of 1811 and it was not a harbinger of the San Andreas Fault we have all been warned about for one hundred years. Oh, that will come as, unlike never happening pots of gold at a rainbow’s end, disasters do eventually appear. All we can do is create more gods, or at least, beliefs, that something somewhere can get things back under control for us.