James M. Redwine

Founders

A New World Resolution

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A new year is rapidly approaching. Hope for a better world is evidenced by universal blame placing, always onto someone else. Perhaps Jeffrey Epstein, or Donald Trump or Lane Kiffin or the idiot driving slowly in the passing lane. Or as Jimmy Buffett finally admitted in Margaritaville, “It was his own fault”.

One thing each of us believes is it is never our fault. Yet, in a republic, the United States for example, it is the fault of all citizens since we either choose or allow to remain in office our representatives. Secretary of War Pete Hegseth may have ordered Admiral Frank Bradley to carry out Commander in Chief Donald Trump’s order to kill the people on the alleged drug boat on September 02, 2025, but in America the President represents all of us. In the court of world opinion, each American violated our Constitution’s Bill of Rights and Due Process clauses as contained within the New World Resolutions of the Declaration of Independence and our Constitution.

Our Founders were well aware of the irony contained within those famous New World Resolutions, “We hold these truths to be self-evident that all men are created equal”. They knew that thousands of years of human history belied such a reality. What real truth they knew to be self-evident was that power does not corrupt humans, it enables them to be corrupt. The words were aspirational, not factual. The Constitution of the United States designed a framework for a system of government in which the natural inclination of humans to abuse power is sublimated to the competing powers of the majority who would abide by Due Process of Law.

If the eighty-one people we have killed in the Venezuelan boats were drug runners, there are well established procedures for determining those facts and for dealing with each situation. The U.S.A. has the most powerful military on earth. Even if the Venezuelan government was sponsoring those boats, its military is impotent against ours.

Our aircraft carriers, submarines, destroyers and aircraft can and do monitor every craft that comes within our United States territorial waters. We have the ability and authority to force any such drug boat or fishing boat, to stand down and be searched without danger to American personnel or equipment.

We could safely and thoroughly search such boats and vet their sailors as to drugs or other illegal contents. If such criminal intent against America were to be evidenced, the occupants could be arrested and taken before a court in the United States or a world authorized legal body. Any drugs could be confiscated, used as evidence and later destroyed and the drug runners imprisoned.

Such a procedure is what our Founders would have demanded from King George III. It is called Due Process. As the folk singer Phil Ochs sang in his song, Is There Anybody Here:

♫Is there anybody here
Who thinks that following the orders takes away the blame?
Is there anybody here
Who wouldn’t mind to murder by another name?♫

We Americans who claim to be a light to the world should shout STOP! when our representatives justify killing others without affording them the rights we demand for ourselves. America was born in 1776 and should not lose its aspirational soul after only 249 years. For as Phil Ochs also said in his song, ♫This country is too young to die♫. America today can re-pledge our “Lives, our Fortunes and our Sacred Honor” to the hopes our Founders knew had not yet been made possible but that they and we should resolve to make reality. Due process should be our talisman, not just our hope.

 

Sour Grapes

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A plethora of professional football, a cornucopia of college football and, most importantly, the hallowed echoes of high school football. Thanksgiving brings out the America our Founders dreamed of, “A more perfect union”. One where the battles almost never involve fatal blows but where due process on the field requires impartial officials, the Judiciary (?), involved and spirited fans, citizens (?), teams with different positions, players and coaches who are leaders and standard bearers for the hopes of countless constituencies, fans (?).

Peg and I almost surfeited on football last week but our stomachs have about recovered from gastronomical excess and our eyes and seats are ready for more football. Unfortunately, we are already ruing the long, dark journey from February until the fall of 2026. Ah well, we do have a few other things to attend to. And the memories of this season and seasons past will sustain us until then. For example, my favorite Thanksgiving Day football game occurred during my senior year of high school in 1960. I have carefully and constantly rearranged that game, especially the role of my favorite seventeen-year-old player in the outcome.

Photo by Peg Redwine

I was a linebacker who was not particularly gifted in the speed department. All right, I was on defense because my time in the forty was not clocked, but calendared. On the other hand, as I was a catcher on the baseball team, I was fairly adroit at retrieving fumbles; I just did not usually advance them.

Anyway, as I relive that glorious Thursday afternoon in November of 1960, I see myself clutching a blocked punt from our opponent. Only an uncharitable observer would have pointed out that my teammate actually blocked the punt. Regardless, when the football bounced into my arms, I took off like a lightning bolt for the goal line fifty-one yards away, my player number on the team. Mercury could not have caught me.

The next day the newspaper showed why people dislike the media. My heroic touchdown was described thusly, “Jim Redwine, reputedly the slowest player on the team, lugged the ball over the goal line”. That is why my football career ended in high school.

However, Peg and I still plan to cheer on Indiana and Oklahoma University teams as they conquer the playoffs, cheer on Army in the Army Navy game, watch every single college bowl game late into the nights of January then end the season with the Super Bowl in February. Who knows, with coaches making more money than Croesus, maybe some school will hire me to coach linebackers on how not to run.

Photo by Peg Redwine

Join or Die

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The Haudenosaunee, the democratic confederation of the Six Nations of Native Americans, had existed for centuries before Canasatego, their spokesperson, suggested the 13 colonies should form a similar arrangement. In 1754 Benjamin Franklin adopted the idea and even designed a flag with a snake cut into several pieces with the motto “Join or Die”. Eventually Canasatego’s advice was followed and Native Americans lost their lands. “Be careful what you wish for” or “No good deed goes unpunished”; either adage might apply.

These thoughts led the first of Ken Burns’ six-part PBS documentary of the American Revolution. Gentle Reader, if you did not watch it last week, I recommend you could not find a better use of twelve hours of your valuable time than pulling it up now on the PBS streaming app. My realization was how little I knew about the unlikely birth of the United States of America. Until last week my thought was, we Americans had had only one Civil War. I was ignorant of the animus among the colonies and our revered Founders. The revelations that the people who sacrificed so much and endured such hardships were actually people, much as people of today, was difficult to incorporate with my formal education and years of social experience and hearsay analysis.

I have spent many years sanguine with the core of America’s birth being a struggle for freedom by oppressed colonists against a repressive British monarchy. It was a clean, straight forward story requiring little nuance. I liked it and was comfortable in my beliefs; honor was the hallmark of the American Revolution.

After all, what words are more American than “We mutually pledge to each other our lives, our fortunes and our sacred honor”? Honor was the standard and such things as speculation in Indian lands as a motivation for revolution by such speculators as George Washington, Thomas Jefferson and Ben Franklin were beyond the pale. However, in Ken Burns’ treatise, the historian Philip Deloria states, “I think the American Revolution was all about land”. And in support of this premise he cited the 1763 British Royal Proclamation that declared all the land west of the Appalachian Mountains off limits to white people for either settlement or speculation. This infuriated the colonists who cited Manifest Destiny and who came from a culture in which 2% of Britain’s population owned 66% of the land. Many colonists believed their only hope of ever owning land was to take it from the Native Americans west of the Appalachians.

And of course, there was that soaring marvelous language, “All men are created equal and endowed by their creator with certain unalienable rights and among those are life, liberty and the pursuit of happiness”. My formal schooling did not mention that the population “All men” did not include any women or non-white men nor did it mention the institution of slavery being practiced and jealously protected by many of the men who signed our glorious Declaration of Independence from the British crown.

So, was the American Revolution a straight forward story of good versus bad, of honor versus oppression, or was it vastly more complex? There was much to admire but, as with all human behavior, there are stains that should be acknowledged and learned from. Honor is not just a word; it is a cause. Honor encapsulates all vital human aspirations of honesty, integrity, generosity, humility, fairness, courage and self-sacrifice. The Founders certainly displayed much honorable behavior.

However, as we should know our history so we can learn from it, it should be the full story so the right lessons are applied in our country’s life in our times. Knowing our heroes were human does not denigrate their achievements. It does help us seek the harder right and eschew the easier wrong. I respectfully submit the story of the American Revolution is best celebrated with truth.

Wise Fools Needed

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Arthur Miller’s 1953 play The Crucible was a metaphor for the dangers of the McCarthyism era. Senator Joseph McCarthy wielded virtually unchecked power using Red Scare tactics. Governments, the news media and the public devoured allegations that Soviet Communists had infiltrated American culture and the only solution was to excise the traitors. Thousands of careers were ruined as was the social standing of countless loyal citizens by innuendo. Senator McCarthy’s most powerful weapon was fear. Freedom of speech could have been America’s best defense, but fear of being painted with McCarthyism’s red brush kept truth at bay. As with many dangerous social problems, America’s solution had already been provided by our 18th century Founders, scholars and historians who had studied thousands of years of great civilizations that had destroyed themselves through hubris and stifled debate. Freedom of Speech is not just a shield, it is also a democratic society’s most powerful sword. To concede this ultimate right is to voluntarily disarm.

Our Constitution was crafted by human beings who were steeped in the lessons of civilizations that had been forged on an anvil of free speech but had declined when truth could or would no longer confront power. Our Founders knew their history, especially that of the brilliant ancient Greeks who realized:

“…democracy insisted on complete freedom of speech, and thought it well to mock the personalities and
air the burning problems of the moment.”

Charles A. Robinson, Jr.
In his Introduction to
An Anthology of Greek Drama (1949)

From Sophocles’ twenty-five-hundred-year-old Oedipus the King to Shakespeare’s (1564-1616) Macbeth and other countless examples from civilizations of old to modern times, we have warnings that leaders who do not heed voices cautioning against hubris can bring down great societies. A common theme in both monarchial government and literature for thousands of years is that of the Wise Fool who, without fear of repercussions, both whispers in the emperor’s ear and speaks truth to his or her face.  In the plays of ancient Greece this role was often played by the chorus which would presage the harm a ruler’s pride was going to bring about later if he did not heed the warnings or if the populace did not replace the ruler. This is the ultimate in free expression. However, often times those in power surround themselves not with “Wise Fools” who tell them unwelcome truth, but with fearful fools who cling to power through sycophantic flattery.

When the victims of Salem, Massachusetts were executed in 1692-1693, it was not because they were witches but because superstition, personal grudges, prejudices, ignorance or religion trumped truth. In the McCarthy era, the Red Scare did not put America in peril, the fear of it did. The cure then as always is Freedom of Expression. The disease of misguided or corrupt power is best cured by a free flow of ideas and most exacerbated by silence, or worse, capitulation. When even our universities cower into silence before threats of our government, the rotting of our moral core as a free people has taken root. We have the recent example of the 1950’s to awaken us to what silence in the face of government power run amok can wreak on our democracy. History is littered with the rubble of previously once great societies that have committed the sin of lassitude in the face of ignorance.

The voices of campus protesters in the 1960’s and 1970’s helped bring America back from the precipice during the Viet Nam War era much as the courage of those such as Arthur Miller, who refused to be silenced, did during the 1950’s Red Scare. One might ask where the prophetic and courageous Greek chorus and wise fools are today as our government sends our soldiers into our streets?

You Shall Know the Truth & the Truth Will Set You Free (John 8:32)

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Jesus was born in Palestine and did much of his teaching there about 2,000 years ago. The words Jesus spoke were so offensive to the chief Jewish scribes and priests they called upon the Romans to crucify him even though he had committed no crime except, “He stirs up the people, teaching throughout all Judea, from Galilee even to this place” (Luke 23:5). Actually he was just calling for peace and justice.

The Chief Pharisee, Joseph Caiaphas, and his ruling Judaic council charged Jesus with heresy and asked the Romans to try him. The Roman rulers, Pontius Pilate and King Herod, could find no fault in his behavior and planned to release him. Pilate then called together the chief priests and the religious rulers and the populace, to tell them Jesus would be released. “But they were urgent, demanding with loud cries that he should be crucified” (Luke 22:6-25). So, Jesus was crucified for expressing views those in power in the Sanhedrin found offensive. Those eye witness accounts as reported in the Bible come from the famous authors of the Gospels, Matthew, Mark, Luke and John, all of whom were Jewish. Ergo, the knee jerk response of contemporary society and Trump’s White House that they were being anti-semitic would lie fallow.

The Romans, much like those today in American academia who caved to the financial threats from the Trump Administration, just washed their hands of the matter (Matthew 27:11-26). However, the shame of shirking the most sacred duty of a college, that is, preserving the free flow of ideas, cannot be so easily cleansed.

Another Palestinian activist, Mahmoud Khalil, who advocates in America today for peace and justice in Palestine and Israel has not been charged with any crime, but is currently imprisoned in America for exercising his First Amendment right to free speech, principally during his tenure at Columbia University. He was arrested by the power of President Donald Trump’s Executive Branch that disagrees with Khalil’s calls for peace in Gaza and an end to the slaughter by the Zionists of over 50,000 Palestinians, mainly civilians. Khalil’s peaceful support for the resistance of the Palestinian people from 1948 until now to the military actions and occupations by Israel in Palestine, Egypt, Iran, Syria, Lebanon, the West Bank and Yemen is at odds with the positions of the Trump and Zionist Israeli administrations.

The myopic view of Israel’s Zionistic actions over the past seventy-seven years is reminiscent of lessons from Hans Christian Andersen’s 1837 fairy tale, The Emperor’s New Clothes. Just as a narcissistic ruler is conned into parading naked before an adoring crowd until an innocent child exposes his vanity, Presidents Biden and Trump find no fault with the Zionists in Israel. That is the very purpose of the First Amendment, to expose the truth.

When our government will brook no dissent nor even consider opposing views, great harm and even greater injustice may occur. Protests and free speech in a non-violent academic atmosphere are vital to preserving our democracy. Just as our Founders feared, a silenced majority leads to tyranny from a minority.

Many Jewish people at Columbia University, and in much of the rest of the world, agree with Khalil or, at a minimum, believe he has the right to peaceably, publicly express his views. In America, Free Speech is not anti-semitic or pro-Palestinian; it is an essential element to preserving our democracy. As the Jewish and Roman rulers of 2,000 years ago discovered, power abused can lead to rights denied and even a country being destroyed. 1948 might have been a new beginning for Israel, but it may not survive the Zionist dream of total conquest of its neighbors in the Middle East while being abetted by our government, much of the media and academia.

The First Amendment to our Constitution is first because our Founders knew it is vital to democracy. When our institutions sell their principles for money or succumb to fear of speaking the truth because they may be branded anti-semitic, we may eventually reap the whirlwind, perhaps even a nuclear one.

Mental Gymnastics

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Former President Donald Trump is facing both state and federal charges in several courts of law. These charges present difficult challenges to the judges in each case with the most important judicial task being to guarantee that all parties receive a fair trial. However, that duty to the people directly impacted by each case must be carried out without violating the right that our Founders knew to be the right that was essential to guaranteeing all of our rights, Freedom of Speech.

While several of the Founders championed freedom of expression as fundamental to democracy, Benjamin Franklin, a newspaper publisher himself, led the debate:

“Freedom of speech is a pillar of a free government;
When this support is taken away, the Constitution of
a free society is dissolved, and tyranny is erected on its ruins.
Republics derive their strength and vigor from a popular
examination into the action of the magistrates.”
 

Benjamin Franklin was born in 1706 and was immersed in the printing of politically focused newspapers in Philadelphia when fellow printer John Peter Zenger was prosecuted for libeling British Governor William Cosby in New York City in 1734. Zenger was jailed pending his jury trial but when he was tried the jury acquitted him in spite of the clear violation of the British Colonial law. The jury made up its own mind in spite of an atmosphere of bias from the government.

Currently, some of the judges in Donald Trump’s cases have fashioned gag orders that threaten punishment if Trump says things about the possible evidence, the witnesses, the prosecutors or the judges. The reasons given by the judges for these gag orders all claim they are to protect the parties and witnesses from attempted coercion and to prevent the tainting of any future jury pool. In other words, the judges have no faith that potential jurors can do what judges must do in every case. That is, put aside any irrelevant matters and decide Trump’s cases only on the law and the facts.

As a judge for over forty years I find this lack of confidence in jurors ill founded. Judges decide almost all cases without a jury if there is no plea agreement in criminal cases or no settlement in civil cases. In other words, people have confidence a judge in a criminal case may receive an indictment from a grand jury the judge impaneled or approve a charge brought by a prosecutor and still decide the case. Or, a judge may issue an arrest or search warrant based on in depth out of court statements and then set that information aside and still fairly decide guilt or innocence. If one person, a judge, can do this so can twelve. Of course, statements by parties that threaten physical harm should not be tolerated. However, comments about the evidence, the prosecutor or the judge that offend the judge come with the robe, even if those comments are unfair, unkind and untrue. Just ask John Peter Zenger, Benjamin Franklin, Thomas Jefferson, James Madison, etc., etc.

Jurors can be trusted, just as judges can be, to do their duty. CNN or FOX News can be eliminated from the jury room. The voir dire procedure is designed to exclude potential jurors who cannot do that. Does the legal system occasionally fail and a biased judge or jury render a decision based on pre-trial publicity or emotion? Unfortunately, that happens. But to deny America the vital protection of the First Amendment in an attempt to eliminate human frailty is a fool’s errand and an affront to our Sixth Amendment, Right to Trial by Jury.

Gentle Reader, I would like to share with you one of my own experiences as judge as an example of the public’s faith in the ability of a judge, or jury, to set aside bias and still fairly handle a case. Now, I might not process this case today the way I did a few years ago but I will let you be the judge of what happened then. Anyway, what follows is true, if perhaps, somewhat askew legally.

When I received my honorable discharge from the United States Air Force the only job I could find in Indianapolis, Indiana where I lived with my wife and son was selling P.F. Collier Encyclopedias door-to-door. We only owned one car, a 1956 Ford Fairlane convertible. I really liked that car but we decided we needed a new one so I sold it to a guy I worked with on the basis he would pay me each week. Well, the week after I gave him the keys he disappeared with my car. I did not see him again for twenty-five years when he appeared in my courtroom charged with a home burglary.

I had forgotten his name and he surely did not recognize mine. He and his attorney and the prosecutor had filed a plea recommendation and requested that I approve it based on a pre-sentence report prepared by my probation department. After reading the report I realized this man in front of me had stolen my car. When I confirmed that fact, I told him I would recuse and get him another judge. He said, “Ah, Judge, were you going to take the deal before you remembered who I was?” I said, “Yes”. He said, “Well go ahead.” I said, “No, go out and talk to your attorney”. He did. Then he and his attorney and the prosecutor said, “Judge, we really want you to stay on the case so we can get this done now”. I said, “Okay, but what did you ever do with my car?” He said, “Well, when we got to Oregon it quit running and my wife had me cut off the top and fill it with potting soil then she made a planter out of it.”

Now, I know I had other options but one thing this case showed me was a judge or jury can be fair even when personally offended. So suck it up judges and have faith the jurors will not be any less pure than you.