James M. Redwine

Great Britain

20,000 “Accidents”

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Photo by Peg Redwine

Israel’s soldiers killed three former Israeli Jewish hostages December 15, 2023 in the Gaza Strip. According to Israeli Defense Forces accounts the three men were unarmed and shirtless. They carried a white flag with the word “HELP” written in Hebrew. The men cried out to the soldiers for help in Hebrew as they held their arms up while emerging from a building. The Israeli soldiers immediately shot and killed two of the men and wounded the third man who retreated back into a building. The soldiers followed him, and even after their commander ordered the firing to stop, the soldiers killed the third man.

Israel called the incident a “tragic accident”. But the killings were intentional, not accidental. Those three killings of unarmed Israelis were the same as the 20,000 intentional killings of Palestinian civilians by Israel since the October 07, 2023 intentional killings of 1,200 Israelis by Hamas.

Israel is responsible for the destruction of water resources, hospitals, mosques, churches, businesses and homes in Gaza. By preventing humanitarian aid to civilians in Gaza, Israel is responsible for the endemic disease, thirst and starvation of up to 2.2 million Palestinians, 70% of whom are women and children. The armaments, money and political cover given to Israel by the United States enable this deliberate genocide.

Israel asserts that by dropping leaflets that order civilians to abandon their homes Israel is absolved from killing them. But the people have nowhere to go as the 2.2 million Palestinian civilians in Gaza have the Mediterranean Sea to their north, Egypt to their west and are otherwise surrounded by Israel. Egypt and Jordan have taken some refugees in but have no obligation to do so. Israel is responsible for the humanitarian crisis in Gaza and should be mainly responsible for assuaging it.

Gaza is an area of 360 square kilometers and Israel has 22,143 square kilometers. If, in fact, Israel wishes to avoid civilian casualties, it should allow the Palestinian civilians to shelter inside Israel, especially East Jerusalem, until the war ends and Gaza is re-built for human living. Border crossings from Gaza into Israel could be opened with quick and efficient security checks. Aid from the United States could provide temporary shelters, food, water and medical care. Great Britain, that created Israel out of Palestine starting in 1917 through 1948, also could and should help provide border security and humanitarian aid.

A reasonable alternative, if Israel does not wish to have the Palestinian civilians sheltered within the borders of Israel, would be to have non-Hamas Palestinians moved to the current illegal Israeli settlements in both Gaza and the West Bank. These areas are already free of Hamas fighters and have shelters, water, medical facilities and security checkpoints in place. The illegal Israeli squatters would have to be ordered to vacate the areas. But that is already called for by international law. If East Jerusalem, Gaza and the West Bank were used to shelter Palestinians, that would be consistent with the pre-1967 borders and consistent with the Oslo Accords for a two-state situation.

Of Gaza’s 2.2 million population, at the most 40,000 are with Hamas. Screening the refugees would not be onerous as anyone who has walked through a magnetometer or who has been scanned with a hand-held unit can attest. Once the conflict ends, that is, once Israel is satisfied Hamas is no longer a threat, the United States, Great Britain, Israel and the United Nations could carry out a Marshall Plan to repatriate the Palestinians or the state of Palestine could finally be established.

 The United States is almost alone in its support of Israel’s genocide of Gaza’s Palestinians. The United Nations has called repeatedly for a humanitarian ceasefire and humanitarian aid to Palestinians, but until December 22, 2023 the U.S. blocked such action by veto. Finally, the U.N. Security Council managed to pass a weakly worded resolution allowing some humanitarian aid; the United States abstained. However, Israel has indicated it will not cooperate with the resolution, so innocent civilians will continue to be killed by Israel and those not directly killed by Israeli military action will die from or be degraded by deprivation of basic humanitarian necessities.

Why is America putting its prestige on the line to support Israel’s position? The answer may lie in history. Israel claims its god gave Palestine to the Hebrew people and helped them escape bondage in Egypt. Most estimates are the Book of Exodus was written during the 13 century B.C. A part of that divine intervention was the killing by Israel’s god of the first-born child of every Egyptian from Pharoah’s, to those of prisoners in dungeons and even the first-born of maidservants. The Israelis still celebrate this genocidal slaughter of innocent humans on Passover. Also, their god caused the Red Sea to part and drown all of Pharoah’s army. Then, according to the Jewish myth, their god gave the Hebrews the land already owned and inhabited by the Canaanites and others. See the Book of Exodus, Chapters 10-13.

Many of our early American ancestors of mainly European descent believed their Christian god gave us mainly white Americans all the land from the Atlantic Ocean to the Pacific Ocean, Manifest Destiny, even though it was already inhabited by millions of Native Americans. And just as Israel has demonized Palestinians as terrorists for many years, America’s Declaration of Independence describes Native Americans as:

“He (King George III) … has endeavored to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.”

The cultural memories and Volksgeists of America and Israel are strikingly similar and the religions of both assuage any moral dilemmas from eliminating the original inhabitants of coveted land and resources by any means deemed necessary. The German philosopher Friedrich Carl von Savigny (1779-1861) and the Austrian philosopher Hans Kelsen (1881-1973) described these memories as the Volksgeist or spirit of a people. And the German psychologist Sigmund Freud (1856-1939) said these subconscious suppressed memories can actuate behaviors. Carl Gustav Jung (1875-1961) was a Swiss psychologist and psychiatrist who posited humans act and react as archetypes based on historical myths that are sometimes misinterpreted or misapplied.

What this may mean for America is we Americans often see ourselves as always doing good. As French sociologist Alexis de Tocqueville (1805-1859) said, “America is great because she is good”. Many of us tend to believe that whatever we do is divinely inspired and cannot be wrong. Israel may see itself as an historic victim that must always be in a self-defense mode, a Volksgeist of being in constant fear of annihilation. And many of us Americans have often seen ourselves as that miraculous shining city on a hill that gives light to the world and is always on the side of right.

That may be why Israel and America stand virtually by ourselves on the developing genocide in Gaza. We both may need to re-examine the validity of our myths and the morality of our actions.

Scene of Washita Massacre. Photo by Peg Redwine

 

It’s Just A Number

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An ABC News/Washington Post Poll taken Sunday, May 07, 2023 of likely voters in the 2024 Presidential election had 68% of Americans saying Joe Biden is too old to be president next term. The same poll says only 44% think Donald Trump could be too old to serve. Biden is now 80 and Trump is now 76.

Joe Biden is claimed to have a fetish about sniffing the hair of women who are not his wife. Trump is alleged to have sexually assaulted several women to whom he was not married. If the American public’s fascination with sexual activity by characters on TV, in movies and books is considered in the choosing of our political leaders, we can postulate there may be a virility factor in play in choosing between our current and former president.

Apparently, the four-year difference in what will be two octogenarian relics by the end of the next term is of material importance to most voters. Neither old guy is the John F. Kennedy sex symbol he may see himself to be but the public appears to prefer its senility a little more virile, at least by reputation. Of course, it is possible neither Biden nor Trump will be on the ballot in 2024 as some dark horse may yet rush in to take all the perks of the presidency.

Of course, sexuality is only one element of a candidate’s character. We should examine the policies and performance of both Biden and Trump. In that regard, some like Trump’s stance on immigration and some like Biden’s. The same is true on the economy, cultural issues and international relations among many other issues. That is why we have elections and campaigns. But just as the coronation of King Charles III seemed to find the media concentrating on which crowns and robes Charles and Camilla donned as well as which handbag Kate carried as opposed to the substance of Charles’ vision for Great Britain’s future, it will not surprise any of us if the national media miss all the policy differences any of the candidates may have as the media focuses on the titillation of each person’s peccadilloes. Of course, the reason the media will do this is because that is what most of us are interested in. Policy is just so common.

Superannuated lotharios may be past their prime but they are more interesting than policy differences. As for me, Gentle Reader, for personal reasons, I choose to believe either Joey or Donnie or some other codger or even a 35-year-old could serve okay if the only consideration is age. Now whether we happen upon anyone who should lead this great country for the years 2025-2028, well, I must leave that lucky guess to each of you and the fickle folly of fate.

 

President Wilson Was Right

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President Woodrow Wilson’s Fourteen Points set forth a vision of a WWI peace treaty based not on total victory for any one country but a permanent peace for all countries founded on generous terms of self-determination and economic recovery. Germany sued for peace thinking it would be treated fairly, but mainly France and Great Britain joined by several other countries demanded Draconian subjugation of Germany including ruinous reparations. The Treaty of Versailles in 1919 was a testament to vengeance, not peace. It also led directly to WWII.

If there is no war like a civil war for hatred and carnage, there is no dispute like a conflict between neighbors for animosity. Ukraine and Russia have had a common but transitioning border for many years. Millions of people in both countries can speak both Ukrainian and Russian. The two cultures are deeply intertwined even though there have been several border conflicts between the countries. Much as next door neighbors may fall out over property line disagreements countries with a common border may fall victim to the old axiom, “Good fences make good neighbors.” In like manner, when there is a breach in the “fence”, repairing good relations may require a generosity of spirit on both sides and perhaps on the part of third parties seeking to become involved.

My good friend, Judge D. Neil Harris of Mississippi, serves on the faculty of the National Judicial College. He teaches other judges about courthouse security. Judge Harris has found that the type of court cases that are most likely to result in outbreaks of courtroom violence are property line disputes. He advises judges to be particularly alert when disputes between neighbors must be resolved in court. There is something visceral about such personal matters that makes forgiveness more difficult. As the world found to its chagrin after Versailles and WWI, even when wise people know that “Blessed are the peacemakers”, stiff necks are often the approach when neighbors must negotiate.

Ukrainian President Volodymyr Zelensky says he has been negotiating with Russian President Vladimir Putin for two years and is eager to negotiate a cessation of the current hostilities if Putin agrees. The rest of the world should allow Ukraine and Russia autonomy for their efforts to achieve a permanent peace. Such countries as the United States, Poland, China or Belarus may confuse their own agendas with those of Ukraine and Russia and, just as at Versailles in 1919, peace may be only temporary when the neighbors make up under false pretenses or when pressured to do so by outside forces. Perhaps the rest of the world should bite its collective tongues as Ukraine and Russia, hopefully, apply Wilson’s Fourteen Point type wisdom that was so tragically ignored at the catastrophic ending of WWI.

The Briar Patch

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Hitler’s troops easily conquered that part of Stalin’s USSR known as Ukraine in 1942. Total world victory was almost in Germany’s grasp. Then Hitler decided to bring Russia to its knees at the Battle of Stalingrad. Six hundred thousand dead German soldiers and six months later Germany was on its way to total defeat. The Russians sacrificed one and one-half million of its soldiers to confront Hitler’s arrogance. Neither Russia nor Germany has forgotten this carnage.

When one visits the site of the battle in Volgograd, Russia today there is a 172-foot-tall statue of a Russian woman thrusting a sword into the sky. She stands erect on Mamayev Hill and guards the hallowed ground where so many died. There is a memorial close to her feet where the names of countless dead soldiers are carved into marble walls that line a descending walk to an eternal flame. No one makes a sound as they honor the fallen heroes.

When the United States government complains that Germany is not rushing to confront Russia’s belligerence on the border of Ukraine, a visit to Volgograd might explain Germany’s caution. As for us, we need only to recall our ignominious exits from our incursions into Afghanistan (2001-2021) or Viet Nam (1955-1975) to give us pause.

Most of us learn the hard way that angry and arrogant challenges often lead to dire repercussions. America may wish to tread cautiously in our efforts to dictate how other countries should handle their border crises. We did not brook Great Britain’s claims to territory below the 49th parallel (Fifty-Four Forty or Fight) in 1846.

And the same President, James Polk, who demanded the Oregon country from Great Britain annexed the Republic of Texas that Mexico believed should be a part of Mexico. Texas and Mexico share a border that is over 1,250 miles long. The border between Ukraine and Russia is over 1,400 miles long. About 40% of the residents of Texas are of Hispanic/Latino descent and for about 30% of Texans Spanish is their native language. Of the 41 million Ukrainians about 17% are of Russian descent and for about 30% of Ukrainians Russian is their native language.

As Ukraine was a part of Russia for hundreds of years, until 1991, and there are deep geographical, cultural and historical ties between Russia and Ukraine, Russia may consider Ukraine much as we considered “Oregon” and Texas. That does not mean the world should ignore Russian aggression or Ukrainian independence. It should, however, advise government leaders and those who would bang the war tocsins to remember that briar patches might be easily entered but may result in much lost skin to exit.

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!

Legally Thinking

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Mount Rushmore

 

My brother, Philip Redwine, that is Philip spelled with the Biblical one “l”, graduated from the Oklahoma University Law School while I was an undergraduate at Indiana University. When I asked him what he had been taught he told me the entire process boiled down to “learning to think like a lawyer”. When I excitedly quizzed him about that arcane and mysterious subject he replied the whole three years of law school could be summarized by the following story:

“A client asked his attorney for advice as to whether he should file for a divorce. The client told the attorney that each time he tried to climb the stairs to the second floor of the couple’s home his wife would kick him back down. The man said to the attorney, ‘Doesn’t that show she doesn’t love me anymore?’ The attorney reflected on the situation and thoughtfully responded, ‘Either that or she just doesn’t want you upstairs.’”

So, to think like a lawyer means to objectively consider a situation from all sides and apply any relevant analogies to it. After three years of my own legal education at Indiana University, then ten years practicing law and forty years of being a judge, my conclusion is my brother was right and that lawyer-type analysis requires imagination and objective open-mindedness. I respectfully suggest we may want to try this approach to our COVID-19 impacted situation as some of our greatest legally trained presidents might have done. Yes, we must act now but we should do so with wisdom, courage and imagination.

Vision and objectivity have certainly been displayed by several of our greatest non-legally trained presidents. George Washington and Theodore Roosevelt readily come to mind. However, I would like to discuss with you a few of our legally thinking leaders who helped guide us through tough times by having the ability to seize opportunity from crisis by winnowing the wheat from the chaff.

Thomas Jefferson saw the Louisiana Purchase of 1803 and the Lewis and Clark Expedition of 1803-1806 as a means of expanding the United States from the Atlantic to the Pacific and discovering the untold resources of our country. Jefferson did this at a time when most Americans still feared, or too much admired, Great Britain. And he had to maneuver the funding through a skeptical Congress.

The Golden Spike

Abraham Lincoln was faced with the possibility of California seceding from the Union and with slavery remaining as a state option even if the South were defeated. He boldly issued the Emancipation Proclamation in 1863 and that same year signed the bill funding the Intercontinental Railroad. Lincoln did not live to see the golden spike driven at Promontory, Utah on May 10, 1869, but his use of grants of public lands and issuance of bonds helped preserve the Union he so admired.

Franklin Roosevelt saw the need for a great infusion of public funds for the education and re-employment of our out-of-work Americans during the Great Depression. Thanks to his vision America was much better prepared to respond to Japan and Germany in World War II.

John Kennedy started us on the elliptical route to the moon as financed with public monies. The vast number of jobs, products and conveniences the Space Program brought are still being enjoyed by our citizens.

I do not cite these heroes’ legal training as required for a novel approach to the Novel Virus. Millions of Americans can see that borrowing trillions of dollars to help people for a short time merely delays the pain. A cure requires applying our resources with a long view. We can invest in ourselves for the future while helping those in need now.

Germany’s Autobahn

One need not be a lawyer to see an issue such as COVID-19 from all sides and apply similar solutions as were used in similar prior crises. President Eisenhower was a West Point trained soldier who planned the greatest military invasion in history and could envision the benefits from a German Autobahn-type interstate highway system for America. And my friend, Warren Batts, is not an attorney but a rock ’n roll musician who suggests we could build a national high speed railway passenger system utilizing the middle portion of our already existing interstate rights-of-way between the separated lanes of traffic.

What we need, from our lawyers and non-lawyers combined, is the vision to prepare for our new society as it will surely be transformed by the Corona Virus. We will be changed but we can transform not regress. New skills can be taught using public funds as we did with the Lewis and Clarke Expedition, the Transcontinental Railroad, the Civilian Conservation Corps and the Space Program.

I realize these are not new ideas. That is my legally thinking point. You, Gentle Reader, will surely have several similar suggestions of your own, which I encourage you to share.