James M. Redwine

Donald Trump

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?

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.”

Bowled Over

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Photo by Peg Redwine

Much as the Summer Solstice ushers in the ennui of torturously less daylight each day, as each of the forty-four college football bowl games is completed the dark pall of life without football forces us to put down our beer, get off the couch and go back to work. I accept that COVID is a significant issue but so is mental health. And one of America’s best palliatives for depression in the gray days of winter is watching other people risk their well-being on the football field.

The first college football game was played on November 06, 1869 between Rutgers and Princeton in New Jersey; one hundred people attended the game that Rutgers won 06-04. The first college bowl game was the Tournament of Roses’ East-West game (The Rose Bowl) played on January 01, 1902 between the University of Michigan Wolverines and the Stanford University Cardinal; there were eight thousand-five hundred spectators. Michigan won 49-0 and Stanford quit with eight minutes left to play. That first bowl game was initiated to increase interest in Pasadena, California as a tourist destination and to market the surrounding area and its products. All bowl games since that first one have had similar goals. The outcome of the games is not of paramount concern to most.

The attendance at such highly hyped events as the Tailgreeter Cure Bowl between Coastal Carolina University and Northern Illinois University on December 17, 2021 is indicative of the lack of fanaticism at most bowl games; 9,784, about the same number of fans who showed up for that first Rose Bowl. The bodies in the stadiums at bowl games are not the targets, eyeballs on TV advertising and promotion of each venue are.

As for the schools and players involved, they may have analogous goals. The colleges want to showcase their products and make some money and some players have hopes of enhancing their football futures either as players, coaches or announcers. In other words, the first bowl game was for exhibition purposes and, except for the payout by major sponsors to each school, that is still the overriding rational.

With that in mind I have a few suggestions on how we can incorporate the goals of all involved, or watching, with the ever-expanding number of college bowl games. As I mentioned earlier, we already have 44 bowls. It would require an addition of only 8 more to be able to have one bowl game every week of the year. Surely such eager potential sponsors as Bitcoin or China would pony-up for a chance to showcase their greatness. Maybe a bidding war could be encouraged between Jeff Bezos and Mark Cuban or Elon Musk and Mark Zuckerberg. Israel and Iran could promise to dismantle their nuclear ambitions and sell their peaceful intentions via commercials. Surely Facebook and TikToc would want to play.

One might wonder how one extra, exhibition-type game could be woven into a school’s regular football schedule. From the quality of play of most bowl games and with countless players opting to sit out, it is apparent that just showing up for one more Saturday should not be a problem. When my friends and I played Friday night football it was not unusual for some of us to show up the following Saturday morning for an impromptu, unorganized sandlot game just because. A lot of bowl games have a similar feel.

This system would expand college football perpetually and solve the ego problem for such “sponsors” as Jimmy Kimmel who endowed the Jimmy Kimmel LA Bowl. America could probably easily come up with underwriters such as Donald Trump and Alexandria Ocasio-Cortez. Heck, I humbly suggest the Jim Redwine Armadillo Bowl might draw a nod or two and Peg and I will kick in fifty bucks apiece if that would suffice. We could host it in a pasture at JPeg Osage Ranch if the resident varmints do not too strongly object and if fans do not mind sitting on the ground. TV rights could be negotiated.

Potsdam Revisited

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At the Potsdam Conference

Joseph Stalin (USSR), Winston Churchill (Great Britain) and Harry Truman (United States) met in Potsdam, Germany from July 17 to August 02, 1945 to “establish the post WWII order”. In 1945 the earth had 74 recognized countries. Some of the other 71 countries felt they should have been invited to the conference and have exhibited their displeasure from time to time since 1945.

When I turn on cable TV I sense that the heads of CNN, Fox News and MSNBC may have had their own Potsdam Conference and divided up the world’s news cycles. While it may appear to us viewers the news networks are competing, I suspect each is happy in its own sphere of influence. CNN regurgitates their favorite kicking boy Donald Trump whenever it wants to change the subject. For example, when they wish to ignore the question of whether Andrew Cuomo should lose his one-time COVID-19 sainthood. MSNBC has Joe Scarborough and Mika Brzezinski vilify the conservatives in Congress whenever their ratings sag, which is often. And Fox News revels in finding stories of liberal policies run amok.

But I suspect the umbrage each cable news anchor evidences is more act than actuality. They all appear pretty well situated in their own tunnel vision. The problem for the rest of us is there are actual problems that need to be addressed other than whether some celebrity has fallen from their pedestal. We need news! What we don’t need are mere opinions in search of agendas.

I have a modest suggestion. I recommend every cable news executive and anchor read a book. I know it is a lot to ask but instead of just talking heads we need heads with something in them. This was apparently what my best friend, Dr. Walter Jordan of Martinsville, Indiana, thought about me. He sent me a book for my birthday entitled Think Again. He has known me long enough to know I need the advice.

Adam Grant’s book suggests we all could be happier and more productive if we would approach life actively open-minded and instead of always searching for reasons we must be right search for reasons we might be wrong. Grant is an organizational psychology professor at the Wharton School of the University of Pennsylvania. He’s a smart guy but his book is still actually useful and fun to read.

Grant posits that we have two general biases that impact our inability to see the fallacies in our extreme positions, such as, should we get a COVID vaccination or not? One is confirmation bias where we see or hear what we expect to see and hear. The other is desirability bias where we see and hear what we want to. Grant suggests we need to be more scientific in our approach to life and instead of analyzing issues by starting with what we want and expect, that is, starting with a set answer, we should lead with questions and look for all the evidence.

Of course, my particular experience as a judge leads me to believe that gathering all the relevant evidence on a topic before one reaches a conclusion is the best approach. First glean the facts, then decide. But I certainly have fallen short of this goal from time to time. What I find dangerous about cable news attempts to set our society’s agendas is that the cable news networks seem to have it as their talisman that their desired outcomes are the facts. They can and should do better and so must we.

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.

A Delicate Balance

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Five-foot, four inch tall “Little Jimmy”, James Madison, Jr. (1751-1836), applied his gigantic intellect to melding the Natural Law theory of John Locke (1632-1704) and the Separation of Powers theory of Charles Montesquieu (1689-1755) into the Constitution of the United States. Locke and Montesquieu postulated that all things being equal no person should harm another in his/her life, liberty, health or possessions. They, along with Madison, also believed that every person who has power is apt to abuse it. Therefore, governments are necessary to keep individual power in check but the power of government must also be kept in check.

According to Edgar Bodenheimer (1908-1991) in his treatise on jurisprudence:

“The basic idea of the American Declaration of Independence as well as the Bill of Rights is the recognition of the natural and inalienable rights of life, liberty, and property, as conceived by Locke, while the main body of the United States Constitution is a practical application of Montesquieu’s doctrine of separation of powers. The connection between these two doctrines in the American government is made by the theory of judicial review. The United States Supreme Court has held that, in order to guarantee the enforcement of natural rights, the power to make laws must be separated not only from the power to execute laws, but also from the power to review laws with their regard to their conformity with higher principles, as recognized by the United States Constitution. Thus, in the United States the courts, and especially the United States Supreme Court, have assumed guardianship over natural law.”

See Bodenheimer, Jurisprudence at p. 146

This separation of powers has served America well since 1789. As is to be expected in matters as complex as government and politics the powers of the three branches have each waxed and waned from time to time. However, we have always managed to keep our democracy by remaining moored to the rock upon which it was founded. Just as our founders recognized that individuals and governments will abuse power unless checked, they also recognized the danger and guarded against any of the three branches having unfettered power. The wisdom of Madison, et. al., is once again being tested. Has the Executive Branch gone outside its traces and incited violence against the Legislative Branch? Has the Legislative Branch blurred the boundaries that should keep all three branches separate by both charging an impeachment and then filling the role of the Judicial Branch by having one of its own members serve as the presiding officer at the trial? And, has the Judicial Branch been marginalized because the Chief Justice of the Supreme Court will not be serving as the neutral and detached trial judge as designed by our Founders.

For as Bodenheimer points out, “Any abuse of its power by the legislature should be curbed by the Judiciary Branch of the government, to which falls the duty of declaring void all statutes which are repugnant to the Constitution.” See Bodenheimer, Jurisprudence, at page 148. Perhaps Chief Justice John Roberts and the rest of the Supreme Court are anticipating being confronted with such an issue later.

The crimes that were committed on January 06, 2021 are being investigated and several alleged perpetrators have already been identified and charged. Numerous others will and should be. America’s normal criminal justice system can fairly and efficiently provide due process to those involved. If Donald Trump committed any state or federal crimes either on or before January 06, 2021 he can be prosecuted separately from the impeachment. And if a pardon is considered it would cover only federal offenses.

In our current test of our charter’s application, the Legislative Branch has filed an article impeaching the head of the Executive Branch, former President Donald Trump. It is alleged he engaged in:

“[H]igh crimes and Misdemeanors by inciting violence against the Government of the United States” on January 06, 2021 and for in the months preceding January 06, 2021 repeatedly issuing false statements asserting that the Presidential election results were the product of widespread fraud and should not be accepted by the America people or certified by State or Federal officials.

The Article of Impeachment was returned against President Donald Trump on January 13, 2021 while he was still the acting President. On January 25, 2021 after Donald Trump’s term had ended, the Article of Impeachment was sent to the Senate for trial. The Senate has set the trial to begin February 09, 2021 with Senator Patrick Leahy, Democrat from Vermont, to preside and the senators to serve as jurors.

Article I, Section Three, of the U.S. Constitution provides that in the trial of the President of the United States the Chief Justice of the Supreme Court shall preside. For reasons not yet fully explained, Chief Justice John Roberts will not be involved, so only two of our three equal branches of government will be embroiled in this matter of grave national concern. It is suggested that this is because Donald Trump is no longer President. However, that does not take into consideration the bed rock reason why the Founders made it mandatory for the Judicial Branch to be involved.

The impact of this omission upon public confidence in the fairness of the process is worthy of consideration. After all, it is not Donald Trump’s fate that is most important, but the country’s faith in the process that determines that fate. However, this faith might be shaken by a trial where the role of a “neutral and detached magistrate” is filled by a member of the body that both files and prosecutes the charge. Symbolism is important and a level scales of justice is one of our nation’s most potent and delicately balanced symbols.