James M. Redwine

Iran

I’m OK; You’re Ok; Stay Away!

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When I was a child nobody hugged or kissed anybody unless they were sweethearts or perhaps, occasionally, mother and child. People felt no need to get closer than arms length and nobody breathed on anybody. Then along came bleeding heart liberals and day-time TV shows and voila! Hugging was de rigueur. Suddenly perfect strangers were greeting one another as if they were Romeo and Juliet. I say it’s time to return to those not so thrilling days of yesteryear. It is not like people did not love one another before the 1980’s. After all, the human specie has thrived for thousands of years without faux hugs and kisses and families used to have lots more kids. But no one thought less of you back then if you did not invade their space. Maybe social distancing is a recommendation we can live with. Thank you Tony Fauci!

Peg and I would appreciate it if the rest of the world, except for family and delivery drivers, would stay away for the next few months. Maybe by then we will have a vaccine for COVID-19. One caveat, it is important that computers continue to create funny money pursuant to an on-going Congressional Resolution so that we can receive our Social Security checks. In return, Peg and I will pledge to leave everyone else alone and not attend any public events. No one would be there anyway since the rest of the world will be in their basements watching such enlightening Netflix entertainments as Tiger King.

By the way, I just saw a report on cable news that they may make a movie about Joe Exotic and his big cat petting zoo and crazy conspiracy theories. As announced from prison, Joe wants Brad Pitt to play Joe in the movie. I bet Brad is proud. Actually Peg and I had never heard of the Tiger King until our erstwhile neighbors, Chuck and Bonnie Minnette of New Harmony, Indiana, called to ask us about it. I guess since we recently moved to Oklahoma and there’s hardly anyone out here, the neighbors thought we might know Joe; we do not!

Regardless, back to the column at hand. Other than cable TV, with the COVID-19 panic about the only social activity left to any of us is contemplation of conspiracy theories such as those of Joe Exotic. I know we Americans have always been able to find boogeymen, et al, everywhere from Salem, Massachusetts to Roswell, New Mexico. But our current situation of a total national shutdown has caused a paradigm shift in our public psyche.

If the news reports can be credited, some in the Communist Chinese government posited, and maybe actually believed, that the original outbreak of COVID-19 in Wuhan, China in December 2019 was deliberately started by American soldiers. Then some in America floated the idea the pandemic may have been a deliberate creation of the virus as a weapon by China or Iran.

Those two conspiracy theories are about as credible as the reasons given by railroad engineer Eduardo Moreno who, once again according to news media reports, on April 2, 2020 attempted to ram a ship by driving his train’s engine off the tracks to within a few hundred yards of the U.S. naval ship Mercy. The Mercy is a military hospital ship sent by our government to aid the residents of Los Angeles during the COVID-19 crisis. Moreno told the police he believed the ship was part of a government conspiracy to takeover America. I had no idea a train could even travel that far off its tracks. Anyway, I think Mr. Moreno has been watching too much cable TV news.

Then there are the gun rights advocates who see a business lockdown as a government attempt to take away our right to self-defense. Also, there are those Religious Right devotees who see a nefarious plot behind the urgent government push to find an inoculation for the Corona virus. Apparently their fear is that such ideas as espoused by Bill Gates to implant computer chips in people for health reasons is really a cover to allow universal monitoring and control of our lives.

Well, Gentle Reader, you may know of other conspiracy theories. Heck, you may have one or two of your own. I know I sure do. However, as for Peg and me and social distancing, as long as our Social Security checks and the delivery workers keep coming, we are okay with whatever theory floats your boat. That is as long as you keep six feet away and wear a mask. Don’t worry; we promise to neither hug nor kiss you.

Absolutes

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We begin 2020 with the death of Iranian commander Qasem Soleimani. President Trump ordered the drone/air strike. The President said:

“The attack was necessary because Soleimani was planning massive attacks against U.S. personnel in Iraq and throughout the Middle East.”

America has been heavily involved in the Middle East since World War II. Our role until 1990 was mainly diplomatic with some force of arms as a threat. In 1990 we invaded Iraq and re-invaded Iraq in 2003 although we have not completely disengaged since our first incursion.

After the 911 attacks of 2001 we invaded Afghanistan in the hopes of quelling further attacks by Al-Qaeda members who were using Afghanistan to plan operations in Syria, Iraq and elsewhere. In 2014 America intervened militarily and diplomatically in the Syrian Civil War.

Iranian college students stormed the U.S. Embassy in Tehran, Iran in 1979 and held 52 American hostages until 1981. All were released. The U.S. has had a prickly relationship with Iran since but it has been almost totally a war of words and sanctions.

If we point to 1990 as the metaphorical “Firing on Fort Sumter”, we have been engaged in military actions in the Middle East for 30 years. The strike on Soleimani may expand and extend our involvement. A calculation of costs and benefits of our 30 years of war is far beyond my knowledge. How does one evaluate the lives lost when there is no accounting for them? Did we eliminate terrorists or innocents, a future dictator or someone who might find a cure for cancer? We cannot know. We surely have expended trillions of dollars of national treasure, but would we have spent it any more wisely at home?

Over the last 30 years what have we done with our lives and treasure within our own country? More particularly what have we, and I mean me too, accomplished in our system of criminal justice? If America seeks to punish foreigners for transgressions and seeks to force other countries to behave as we think best, what are we doing and how have we done on imposing justice upon and modifying the behavior of our fellow citizens whom we convict of crimes? These issues, while always at play, rise up as salient as the New Year ensues.

Instead of war with Iraq, Afghanistan, Syria and Iran can we think about the legal system and Chris, Danny, Jackie and Jason? Is it logical to compare the behavior of countries to the behavior of individuals? Is it relevant? Is it meaningful or just another method of hoping instead of helping?

Each of the people named were at one time considered by our legal system to be in need of rehabilitation, much as America thinks of those named Middle Eastern countries. And while I have dealt with thousands of our fellow citizens in our legal system as lawyer, prosecutor and judge, this New Year season I have been musing about these four above-named survivors of my attempts at punishment and rehabilitation. In essence these four were given the opportunity to modify their own behavior and they did. Each is now a productive citizen and of more import to me, each is now my friend. Do I deserve any credit; no. Do they; yes.

But if society had continued to demand a pound of flesh from these, and so many others who have turned their lives around, each of them might have returned our slings and arrows with ballistic behavior. Yes, society held each to account just as we must do with other countries. But giving individuals and nations an opportunity for redemption might be worth contemplating.

Sticks And Stones

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Special Consul Robert Mueller testified before Congress on July 24, 2019. During his six hours of testimony before the House Judiciary Committee the major emphasis shifted from concerns about the outcome of the 2016 presidential election to attempts by foreign countries to influence all of our elections.

Mueller testified that for many years and right up to our next election cycle in 2020 several foreign entities were involving themselves in our democracy. And while Mueller specified only Russia for 2016 he made it clear that we should be aware of other actors. Iran, Israel and even our first cousins the British, among numerous others, have sought to inveigle themselves into our governmental decisions.

We have often been subtlety and sometimes not so subtlety nudged toward or away from war or toward or away from alliances with other countries. The favored techniques in days before the internet were the planting of fake newspaper stories or biased books and movies. Today spy dossiers or misleading memes and tweets over the internet are the preferred methods.

But if the aim of a foreign country is to defame or embarrass a politician it seems silly to dispense dirty secrets or even create false ones when such disclosures and prejudiced articles appear in the newspapers and on television every day. For example, if a country wanted to defame Donald Trump it should just encourage Americans to read The New York Times or watch CNN. And if a foreign entity wished to bring down Hillary Clinton it should republish stories from The National Enquirer or push FOX News. There is no need for foreign attempts to bring down a candidate for public office when we do such a thorough job of that ourselves.

What is even more perplexing is why any foreign country cares about our elections when we care so little about the outcomes ourselves. About 40% of eligible voters do not vote in presidential elections and only about 40% trouble themselves to vote in mid-term national elections. And when it comes to state, county and city elections most of the voters are those hoping to get jobs from the winners.

The bottom line may be that foreign entities are often more concerned with the outcomes of our elections than we are. Maybe we should learn from them.

Gulf of Tonkin, Weapons of Mass Destruction or Tankers in the Persian Gulf, Each a First Casualty of War

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Aeschylus (c. 525-455 BC) is the earliest sage credited with the ironic observation that, “The first casualty of war is truth”. However, it does not require an ancient Greek playwright to point out such an obvious truism. Whatever the times, whichever the country and whoever the politicians, gossamer justifications for attacking other nations is de rigueur.

Sixty thousand Americans were killed in the Vietnam War that was escalated by President Johnson from a failed CIA coup to a full blown war based on the false premise of the Tonkin Gulf Resolution. President George W. Bush took America to war against Afghanistan and Iraq recklessly and wrongly alleging Iraq had “Weapons of Mass Destruction” and that Iraq was involved in 9/11. Now we have such luminaries as John Bolton salivating to send American soldiers maybe to die or kill Iranians while Bolton precipitously declares Iran attacked a Japanese oil tanker and a Norwegian oil tanker near the Persian Gulf. Of course, the Iranians are the only Persians over there. Why the United States has any right or obligation to intercede for Norway or Japan against Iran is a mystery advanced by Bolton and Mike Pompeo but debunked by even Japan and Norway along with most of the international community.

As we near the celebration of our nation’s independence from Great Britain we might want to examine whose blood and treasure is once again being so cavalierly wagered by some of our politicians. I am fairly confident President Trump, Secretary of State Mike Pompeo and presidential advisor John Bolton do not plan to do any of the actual fighting. And it will be our tax money not their personal funds expended. The clamor for war is akin to why we revolted against England. Taxation without representation is analogous to a declaration of war without Congress. Maybe we should dump some tea into the Potomac.

Oh To Be An Egyptian Judge

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Some of you may have noticed I have been a judge for awhile. And, although I know it may surprise you, not everyone of my thousands of decisions has been met with universal acclaim. Occasionally someone may actually disagree with my fair and objective legal analysis and have the bad form to say so. Well, my friends, not if we were in Egypt.

According to a report in the Palm Beach, Florida Sun Sentinel of Sunday, December 31, 2017 a court in Cairo convicted 19 people of making public statements, “[t]he court found to be inciting and expressing contempt toward the court and the judiciary”. If you are wondering why I was reading the Palm Beach paper in sweltering 80 degree weather while some of you may have been enjoying a cool and exhilarating Indiana Christmas season there is no truth to the rumor it was because Peg and I felt compelled to be near President Trump’s Mar-A-Lago winter White House. We did not even receive an invitation to his $750 per person New Year’s Eve party. It may have been lost due to the holiday rush at the post office. Anyway, back to Egypt and the injured dignity of the judiciary.

The newspaper reported that the heinous criminals insulted the judges by making statements that were aired on TV, radio, social media or in other disfavored publications. Now the court did not deign to ignore these demeaning comments or to call for the miscreants to tug vigorously on their forelocks. Oh no. The defendants received 3 years in prison and were fined up to one million Egyptian pounds ($56,270 US).

Each defendant was also ordered to pay one million Egyptian pounds to each of the judges of the powerful union known as The Judges Club. Now I would never advocate for such a response against anyone who had the temerity to publicly disagree with my rulings. However, a few hours in the stocks on the courthouse campus might be considered or parading around the courthouse wearing sackcloth and ashes or maybe a few public recitations of “Judge Redwine is Solomon” or, well, you get the idea.

Actually, it is events such as those in Egypt that truly show what a blessing it is to be in a country where CNN, MSNBC, The NY Times, The Washington Post, FOX News, Breitbart and many other publications can spew their invective against anyone from the Supreme Court to even a court in Posey County, Indiana without fear of being jailed.

Instead of just worrying about the current protestors in our enemy Iran perhaps we should address the draconian pronouncements of offended judges in countries such as our friends in Egypt and elsewhere. The injured sensibilities of some pompous plutocrat may lead to far greater harm to the public than their unfair judgments that get publicly condemned.

The Mote v.s. Log Conundrum

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In one of the greatest political speeches ever made Jesus told the audience on the Mount they were hypocrites who could find the minute faults in others while ignoring their own major failings (Gospel of Matthew, Chapter 5).

Muslims, to whom Jesus is second only to Muhammad as a prophet, and Christians, to whom Jesus is a god, might wish to reread his teachings on human relations. Other peoples might benefit too.

Those of you who have slogged through the most recent Gavel Gamut articles might recall the major topic has been the difficulty of one nation, say North Korea or Iran, understanding the true intent of another nation, say the United States of America, and vice versa. Differing languages often cause what might start as hurt feelings to end with bloodshed.

It is hardly a novel thought that countries, just as individuals, often seek to impose upon others restrictions they refuse to abide by themselves. If we concentrate on comparing and contrasting America and Iran and/or North Korea, outside observers might conclude one country that has thousands of nuclear weapons is threatening to use them to annihilate countries who attempt to even develop one.

Such an investigator might observe that one country strains to dispose of billions of tons of wasted food while it imposes dire economic consequences on countries whose populations are starving.

When it comes to health care one country debates at length the investment in care for its most vulnerable citizens while it spends trillions to rain munitions instead of medicines down upon countries which stubbornly refuse to agree such an approach is altruistic.

If Jesus was correct in his speech (promise?) that “blessed are the peacemakers”, what might we assume the war makers will reap? They probably will not gain acceptance as “sons of god”, more likely as sons of….