James M. Redwine

Gentle Reader

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.

Sour Grapes

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Painting by Shirley (Smith) Redwine

Aesop (620–564 BC.) was a slave in ancient Greece who told morality tales. Aesop’s fables generally used irony and experiences from everyday life to illustrate their lessons. Negro spirituals provided the same type of psychological relief for slaves in America. Each Fourth of July as we celebrate our country’s freedom from Great Britain in 1776 we honor the principles of democracy handed down to us by those brilliant and courageous ancient Greeks. But the Greeks from c. 2500 years ago and our Founders from 245 years ago were seeking a perfect society, not establishing one.

Athena was claimed to have sprung full-grown from the mind of Zeus and the United States is often claimed to have been born free and equal when we adopted our constitution. However, the goddess of justice and justice in America were ideals not reality. We know there is more work to do and we are doing it. Independence Day celebrations are a good time to reflect on the hard work remaining.

Each Fourth of July our family, probably much as your family Gentle Reader, get together to renew and reminisce. This year we are gathering at the Constantine Theater in Pawhuska, Oklahoma on July 16 and 17 during the wonderful Cavalcade Rodeo event. Shirley (Smith) Redwine has graced our family for well over half a century after she competed as a queen contestant and barrel racer in the Cavalcade. You can see her in the painting she created. You go Cowgirl!

Shirley’s husband and our eldest sibling, C.E. Redwine, is a wonderful professional musician and is coordinating a family jam session at the Constantine. We will have saxophone, ukulele and guitar players of various persuasions as well as singers and talkers. We will not pay you to attend nor will you have to pay to come visit with Pawhuska High School graduates from 1954, 1955, 1960 and 1961 on July 17th from 2-4 p.m.

This same group got together at the Constantine in 2011 when we showed the movie we made of my historical novel JUDGE LYNCH!. That horrific tale of injustice and its brand-new sequel Unanimous for Murder involve the legacy of slavery, segregation and integration in Posey County, Indiana and Osage County, Oklahoma. Those sad stories also involve an Aesop-type irony from 2011. It reminds me of the bittersweet years when we had Colored Folks and White People.

 

When Peg and I wrote JUDGE LYNCH! I borrowed, with his prior permission, the name of one of my childhood friends. Travis Finley is a sports legend, minister and former Pawhuska City Councilman. I used his name for a character in JUDGE LYNCH! When we returned to Pawhuska from New Harmony, Indiana in 2011 to show the movie we made we invited Travis and his wife Edna to attend the premier. As I was up on the stage of the Constantine explaining the book and movie, I looked out in the audience to find Travis and Edna; they were not visible. After my introduction I searched the downstairs of the theater then went to the balcony. There, just the two of them, sat Edna and Travis. I went up to them and said, “What are you doing up here?” They reminded me of what America has been and what it was meant to be when they answered, “When we were kids we weren’t allowed to sit downstairs so now we don’t want to. Besides, you can see better from up here.”

Happy birthday, America. Let’s keep perfecting!

Abandon All Hope

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People may come in various varieties but I suggest there are only two types: (1) those who think up projects; and, (2) those who have to do the work. In marriages the lines are clear. Someone cooks the meals; someone helps eat the meals. Someone dirties the clothes; someone washes the clothes. Someone decides flower or shrubs or vegetables must be planted and someone digs the holes. We could go on but I am confident you agree with my general concept.

I am aware there are those readers who would get deeper into the weeds of this ancient dynamic. For example, I can hear Peg offering the following division of labors: someone cleans the house while someone watches football or someone goes fishing while someone deals with AT&T, Amazon, the bank, the various levels of government from the local precinct to the president, and responds to requests from kids and grandkids. My position has always been I am simply staying out of her way. But starting next week we are going to find out if my theory is reality or merely bug dust. Peg goes for hip replacement Tuesday. There may not be enough time for me to learn how to be a wife.

It is not as if we haven’t known this time was coming. About every week since April Peg has served up cautionary instructions with our morning coffee. The days normally begin with this dreaded announcement, “Jim, we need to talk”. Each such session includes some lesson akin to grade school. “Now you know we need groceries; here’s how I order them online and how I pick them up. The sweeper is in the living room closet; you have to plug it in. When the sink is too full to hold any more dirty dishes you must rinse them and put them in the dishwasher [Tell me again why we must wash the dishes before we wash them]. Let me show you which button to push to start the dishwasher. Of course, you need to use dishwasher soap and it is under the kitchen sink. When the dishwasher stops you need to make sure the dryer has dried the dishes then put them away. Now let’s move to the laundry. I have written out the procedure to load, wash and dry. All you need to do is put the clean sheets on the bed and fold everything from socks to shorts; remember, use thirds and don’t just stuff everything in a drawer. That’s enough for this week. After all, I’ve got to get this week’s Gavel Gamut typed, sent in to the papers, put it on your website and post it on Facebook and Twitter.”

Well, Gentle Reader, I suggest next week will begin my rowing across the River Styx to Hades where the dog Cerberus guards Hell and according to Dante’s Inferno the sign on the gate says “Abandon all hope, ye who enter herein.” Maybe I’ll see you on the other side after Peg recovers. Wish her to get well soon, I know I certainly do.

One Game At A Time

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Gentle Reader, should you have read last week’s Gavel Gamut you may recall that another reader, Dr. Michael Jordan of Osage County, Oklahoma, sent a letter to the editor asking that I address the topic of immigration. No, I do not know why, but after a couple of minutes of reflection I thought, “Why not?” So here goes. Our current immigration mess should not be any more challenging than Winston Churchill’s view of the old Soviet Union that he called, “a riddle wrapped in a mystery inside an enigma”. A few quick paragraphs ought to suffice. Let’s start back in the 1960’s when our national immigration policy began to gradually change from one based on admitting immigrants based on entrepreneurial or economic qualifications, that is, what does the immigrant have to offer, versus admitting family members to reunite with previous family immigrants already in America.

According to George Mason law professor F.H. Buckley:

“U.S. immigration policies were radically changed in 1965, when national origins quotas were replaced with preferences for family reunification. People from countries that had recently supplied immigrants were given a leg up, while those from countries that had supplied immigrants centuries before found it much harder to get in.

In the 1950’s two-thirds of legal immigrants came from Europe or Canada, by the 1990’s that figure had fallen to 16%. During that same period, the percentage of legal immigrants from Latin America and Asia rose from 31% to 81%.”

See The American Illness, Essays on the Rule of Law

By F.H. Buckley at p.51.

Buckley has written extensively about immigration to America. Ironically, Buckley is himself an immigrant from Canada. That aside, in his above referenced book, Buckley posits that part of the immigration solution is for the United States to return to our pre-1965 immigration policies. Buckley avers that USA law used to determine admittance of immigrants on a general policy based on national origin quotas and economic benefits to America, but changed to a policy of family reunification being the main factor. This led to a change from the long-time admission of immigrants mainly from Europe and Canada to those mainly from Latin America and Asia. Buckley states:

“What is uncontroversial is that the United States could do a better job of competing for the highly qualified immigrants who are more likely to confer economic benefits on natives. America is exceptional in the way in which, more than any other first world OECD (Organization for Economic Co-operational and Development) country, it favors family based immigration and admits relatively few employment-based immigrants.

….

“A move to a more entrepreneurial immigration system would likely offer non-economic spillover benefits. Economic immigrants are less likely to commit crimes or to rely on the welfare system, and for countries that favor them, immigration is less contentious. The natives are more likely to welcome immigrants, who in turn are more likely to assimilate to the natives.”

Buckley: pp. 51-53

Buckley’s book was published in 2013, but it has an eerie prescience to today’s southern border crisis of children being dropped over walls and left alone in the desert in hopes of somehow uniting with their family members already in the United States.

Of course, this does not resolve the immediate situation. We must follow our Constitution and provide due process to those who are legitimately seeking asylum. We have the means to provide humanitarian relief as we abide by the laws and policies we established until we change them. Deserving immigrants should be welcomed without prejudice as to national origin, race, ethnicity and faith or lack thereof and without encouraging the breakup of families. A gradual, fair return to an entrepreneurial immigration policy should begin now. And before anyone projects a conclusion that Buckley or anyone else is saying Canadians and Europeans are superior to Latin Americans or Asians, let us be clear. It is not one’s race, ethnicity or national origin that should determine whether an individual is admitted into our country. The criteria should be mainly whether the aspiring immigrant can be a benefit to America.

Through the fog of one of my undergraduate psychology courses at Indiana University I loosely grasped the concept of projection. One aspect of Sigmund Freud’s theory of projection is that we humans subconsciously cast upon others our own failings as a self-defense mechanism. When it comes to America’s approaches to the problems of immigrations and debates that have raged since at least 1620 and Plymouth Rock, I submit Dr. Freud would diagnose many of us as projectionists. But before we address what Emma Lazarus called the Mother of Exiles, the Statue of Liberty, and the “…[H]uddled masses yearning to breathe free, The wretched refuse of your teeming shore”, let me suggest an analogy between immigration and environmentalism based on an old adage.

In the simplest of terms, the green debate is between those who want to build a house in the woods and those who already own a house in the woods. And with immigration, the competing positions are often those held by we whose ancestors immigrated here versus those who would like to become ancestors for those who may later immigrate here. And while we have certainly managed to maintain many raging controversies about whether certain classes of peoples, Irish, Catholics, Chinese, Muslims, Italians, even people indigenous to North America, and numerous other groups, have a right to exist in the United States, our current concentration involves our southern border.

Some of us might project our own fears, prejudices and greed onto one side or the other of the issues. However, as with every extremely complex problem it may require much more time, effort, and goodwill than most of us care to invest. It is easier for us to simply say those who disagree with us are motivated by hate or ignorance. Hard work is never as appealing as harsh rhetoric. Facts are the enemy of bombast. A knowledge of the facts on immigration is vital to constructively addressing the problem. Just as catcher Crash Davis advised in the movie Bull Durham, we need to concentrate on the here and now and take things one “game” at a time.

Messages From Space

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President Joe Biden held his first news conference in the White House East Room on 25 March 2021. Twenty-five reporters were allowed to attend; the President took questions from eleven of them. The news conference lasted one hour. Each reporter began their questions as follows: “Mr. President”. Is not the Presidency of the United States prestigious enough? How about “President”?

We do not say Mr. Judge, Ms. Senator or Mr. Congressman. Mr. President sounds like a relic from the days our mothers would begin their scoldings of their young children with, “Now listen here, Little Man” or “Little Lady”. One knew to expect bad news when our mom started a one-way conversation with such an address. Perhaps we can drop the feigned aggrandizement or gilding of the lily. Calling our president, President, is both respectful and democratic enough.

But complaints about titles whether from me or Meghan Markle is not the focus of this article nor is it about the current blockage of the Suez Canal. On 24 March 2021 the super-tanker vessel, the Ever Given, owned by the Evergreen Company became lodged into the bank of the canal. The claim is high winds blew the ship off its pathway through the 120 mile long, 205 meter wide and 24 meter deep engineering marvel that has allowed ship passage between Asia’s Red Sea and Europe’s Mediterranean Sea since 1869.

The Suez Canal was the idea of Ferdinand de Lesseps who was France’s Consul to Egypt in 1854. The canal is built across Egypt’s Isthmus of Suez. About 12% of the world’s yearly shipping trade traverses the canal and according to FOX Business News, each hour the canal is unavailable costs the world’s economy $400 million. It may take days or even weeks before the Ever Given can be dislodged and realigned. However, such mundane topics as Presidential politics and the fate of the world’s economy are not our concern right now.

What this article is about is my conclusions about the meaning of the mysterious rhythmic radio blasts originating from beyond our Milky Way Galaxy about one-half billion light years away. First noticed about ten years ago these FRB’s, fast radio bursts, appear unannounced and unsolicited at an aggravating but unpredictable frequency. The blasts are short and one has no way to stop or avoid them. If you, Gentle Reader, as was I, were trying to pay attention to President Biden’s news conference or to reports and analyses of how the Suez Canal blockage might result in a new toilet paper shortage crisis, you might have received numerous FRB type telephone calls.

Well, as Fareed Zakaria might say, here’s my take. Someone, somewhere way out there is so concerned about our welfare they constantly are offering an opportunity for us to extend our vehicle warranties.

Briefly Speaking

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I.

The Salient Issue 

One method of grappling with what are the most vital issues America must resolve is to first eliminate those issues that blur our thought process. Five years of partisan ill will have sapped our nation’s psyche. Our health and our economy have suffered as we have found it more entertaining to castigate those who disagree with our political views than to make the hard choices required to battle COVID-19 and its devastation of our society. The events of January 06, 2021 and our reactions to them will either continue us on our downward spiral, or perhaps, America can remember and apply the healing lessons from our history.

Immanuel Kant (1724-1804) and Gerald Ford (1918-2006) would address the January 06, 2021 attack on our Capitol Building differently. Kant, the great German legal philosopher, would hold it immoral to not require retribution against President Trump for the death and destruction that occurred after Trump’s call for a march on Congress even though President Trump had only fourteen days left to serve when the riot took place. Kant’s position on the legal duty to punish is set forth in the following example. If we envision an island society that decided to dissolve itself completely and leave the island at a time prisoners sentenced to be executed were awaiting their fate, it would be immoral to leave the island without first carrying out the executions. Kant’s rationale for this seemingly needless act was that the blood guilt of the prisoners would attach to the general society if justice was not administered. An eye for an eye would be called for according to Kant.

In contrast, President Ford invoked the wisdom and healing of Jesus when Ford issued a pardon to disgraced ex-President Richard Nixon (1913-1994) for Nixon’s role in covering up the burglary of Democratic National Committee Headquarters. Ford issued the pardon in September only one month after Nixon resigned in August 1974 to avoid impeachment. Instead of retribution, Ford chose mercy, but not just for Nixon; America needed relief too.

Of course, neither revenge nor mercy can, by definition, be perfect justice. However, when it comes to crimes against the State there are larger issues than justice for individuals. The greater good may require a more involved response. Fortunately, we have the wisdom of our Founders and the courage of such leaders as President Ford to aid us in our decision-making process. 

II.

Separation of Powers

Our Founders built our Constitution on the general theory of three equal branches of government. The events since the election on November 03, 2020 give evidence of the abiding legacy left for us in 1789. After the election the Judicial Branch rendered numerous decisions that upheld the Rule of Law. Vice President Pence in the Executive Branch has refused to use the 25th Amendment for political purposes, and the Legislative Branch has resisted attempts to usurp the will of the electorate to de-certify the Electoral College results. Our governmental framework has been stretched but has accommodated pressures from many angles.

All three branches are working together to identify and prosecute those individuals who violated our seat of government with physical destruction and death. With the cooperation of numerous law enforcement agencies and the courts, along with the laws previously enacted by our federal and state legislatures, those who brought nooses, pipe bombs and twist-ties to their pre-meditated crimes are being identified; and if probable cause to commit crimes is shown, and guilt beyond a reasonable doubt is proven using due process of law, just punishment should result. Gentle Reader, next week, if you are available, we can consider the differing treatments of individuals and the issue surrounding the legal concepts of attenuation of culpability. As to President or ex-President Trump, I respectfully submit that continuing to have our country divided about half and half concerning Donald Trump is akin to President Lincoln’s prescient declaration that a house divided against itself will not stand.

With that in mind I submit for your consideration a Gavel Gamut article I wrote right after President Ford died in which it was suggested Ford sacrificed his political career for his country in 1974. I have slightly modified the original article:

III.

Pardon Me, President Ford

(First published 08 January 2007)

President Gerald Ford died December 26, 2006. In a life filled with public service, he will always be best known for his pardon of President Nixon in 1974. President Nixon had personally chosen Gerald Ford to replace the disgraced Vice President Spiro Agnew who resigned in 1973 amid disclosures of bribery while Agnew was Governor of Maryland. Vice President Ford served under President Nixon until Nixon resigned in August of 1974. One month after Nixon resigned, President Ford issued him a full pardon for any crimes Nixon may have committed while president.

At the time, many Americans, including me, were calling for a complete investigation of the Watergate debacle and especially Nixon’s involvement in it. It was a time of a media feeding frenzy and blood in the water. President Ford took the unprecedented step of going personally before Congress and flatly stating that President Nixon and then Vice President Ford had no deal to pardon Nixon if Nixon would resign.

I recall how dubious I was when President Ford stated that he issued the pardon only to help our country to start healing from the loss of confidence caused by Watergate. Yet, after a few months I began to have second thoughts about my initial reaction to the pardon. I realized how much courage it took for President Ford to go straight into the anti-Nixon firestorm sweeping the United States. As a country, we were almost paralyzed by the partisan fighting at home and the War in Vietnam. [Insert 4 years of partisan bickering during the Trump presidency and include at least 1 year of COVID-19.] We needed a new direction and a renewed spirit in 1974 just as we do today. Surely President Ford with his twenty-two (22) years in Congress knew he was committing political suicide by not giving us our pound of flesh. Still, he put his country first. Of course, the country rewarded his sacrifice by booting him from office and electing President Jimmy Carter to replace him.

But during the campaign of 1976, when President Ford came to Evansville, Indiana on April the 23rd, I took our son, Jim, out of school and we went to the Downtown Walkway to see the man who put country above self. For while William Shakespeare almost always got his character analysis right, when it comes to President Ford, “The good he did lives after him.” Julius Caesar, Act III, sc. ii.

Even President Carter, one of America’s most courageous and best former presidents said of his erstwhile political opponent President Ford: “President Ford was one of the most admirable public servants I have ever known.” And when it came to the pardon of President Nixon, Senator Ted Kennedy, while admitting that he had severely criticized the pardon in 1974, said that he had later come to realize that:

“The pardon was an extraordinary act of courage that historians recognize was

truly in the national interest.”