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Broad Strokes

April 2, 2025 by Peg Leave a Comment

When I was two years old, my Uncle Bud was in the Philippines training to be part of our invasion force into Japan when President Truman made the final decision to use our atomic bombs. My family never doubted the morality of the decision. Based on Japan’s military tradition of bushido and the fact they would be defending their homeland, it was estimated that America would lose a minimum of 250,000 and possibly up to 4,000,000 soldiers in “Operation Downfall”. From my family’s viewpoint, the loss of 200,000 people in Hiroshima and Nagasaki in 1945 was justified by Japan’s “pre-emptive” attack on our naval fleet at Pearl Harbor on December 07, 1941. Of course, the average Japanese citizen played no part in and had no control over the Emperor’s and his government’s military strategy. In general, today’s nuclear weapons are estimated to be more than 3,000 times as powerful as either Hiroshima’s “Little Boy” or Nagasaki’s “Fat Man”, with concomitant increases in fallout.

According to a May 13, 2013 article posted on the Internet as authored by Nick Turse from Mother Jones, Politics, if Israel used a nuclear weapon against Tehran, Iran, an estimated 5.6 million people would be killed and another 1.6 million injured. That would be about the same total as the number of Jews the Nazis slaughtered in the Holocaust. Hitler justified the Holocaust by blaming Germany’s Jewish population for Germany’s economic woes after WWI. However, it was not the Jewish citizens but the draconian conditions foisted upon all Germans by the June 28, 1919 Treaty of Versailles that prevented Germany’s recovery. Hitler just used the minority Jewish population as a scapegoat to help the Nazis take power, much as the Zionists in Israel, as aided and abetted by President Trump, are using the Iranians as an excuse to invade Gaza, the West Bank, Syria, Lebanon and Yemen. It is always helpful to have a group to blame and hate, especially if one can use differing religions to stir the witch’s brew.

President Trump has publicly threatened to bomb Iran and has just dispatched approximately one-third of America’s bombers to be positioned to protect Israel from a counter attack or to prepare for a bombing or land incursion of Iran by our own forces. Just as the United States chose to use its atomic bombs so that my uncle and our other military personnel could avoid the almost certain bloodbath of a Japan landing, Israel, or even the U.S.A., might seek to avoid losses by using nuclear weapons. If so, there are other countries with nuclear weapons who might see “pre-emptive” strikes as the most rational self-defense; China, Russia, North Korea, Pakistan and India are nuclear capable. So are France and the United Kingdom. But even though we have fought two wars against England and a couple of war-lite fights with France, American war with either is currently unlikely.

And it is not just nuclear powers the United States might need to be cautious about. After all, President Trump has challenged Mexico, Canada, Greenland, Denmark and several South American countries, not to mention Turkey which has never been averse to a fight. America need not look hard if we want to turn words, or tariffs, into bombs.

Perhaps we should not assume we and/or Israel can just impose our desires on other countries with impunity. As has been proved for thousands of years, the “Glory of Rome” almost always ends up falling on its own sword or is hoisted on its own petard. Two hundred and fifty years is but a moment of hubris in the panoply of history’s irony.

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Filed Under: America, Gavel Gamut, Middle East, Military, War Tagged With: bombing of Pearl Harbor, Canada, China, Denmark, France, Gaza, Glory of Rome, Greenland, Hiroshima's Little Boy, Holocaust, India, Iran, Israel, James M. Redwine, Japan, Jews, Jim Redwine, Lebanon, Mexico, Nagasaki's Fat Man, Nazis, Nick Turse, North Korea, nuclear war, Operation Downfall, Pakistan, President Truman, President Trump, Russia, Syria, Treaty of Versailles, Turkey, United Kingdom, West Bank, Yemen

Merry Christmas to Us

December 27, 2018 by Peg Leave a Comment

If the message of Christmas were simply gifts of gold, frankincense and myrrh, etc., etc., it would have died out about as unceremoniously as the current stock market. Therefore, we should probably consider if there are other possibilities.

When the Jews were conquered by the Romans they reacted as most oppressed people would. Their cultural myths concentrated on deliverance. In general, deliverance from an omnipotent force can take three approaches: armed rebellion; assimilation; and/or peaceful coexistence.

To some of the Hebrews their hoped-for messiah would be a warrior who would throw off the Roman rule. To others the approach was more of total capitulation. But for many the thought was a Prince of Peace would provide the best hope. To fight Rome, as the destruction of the Jewish temple in 70 A.D. showed, was to court annihilation. As the Jewish historian Josephus Flavius chronicled, revolt by the Jews brought total devastation to their society.

On the other hand, the Romans and Jews of that time did not appear to be interested in peaceful coexistence except upon terms set by Rome. That left real deliverance from bondage for the Jewish people to be more metaphysical, that is, through philosophy not armed resistance. And it took 2,000 years, the horrors of WWII and the benevolence of the world’s new Rome, the United States of America, before Jewish self-determination could be realized. Still true peace as called for by Jesus is elusive. The Middle East continues to be an area where armed rebellion is both ubiquitous and futile.

Perhaps we should give the true message of Christmas a chance. I know President Trump has his faults and I carry no brief for much of what our government does in our name. However, to withdraw from foreign conflicts that simply kill thousands, destroy cultures and cost trillions appears to me to be the course Jesus would call for. Merry Christmas and welcome home to our soldiers, sailors, airmen and marines from Syria, Iraq, Afghanistan and wherever else we are engulfed in endless counterproductive conflicts. And if we really are the new Rome maybe we should learn from the military fiascoes of that ancient one.

The debacle on Wall Street might best be addressed not by quarrelling over interest rates but by investing our treasure in ourselves instead of squandering it in the vain pursuit of a Pax Americana.

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Filed Under: America, Christmas, Democracy, Gavel Gamut, Martyrs, Middle East, Patriotism, War Tagged With: armed rebellion, assimilation, debacle on Wall Street, frankincense, gold, Hebrews, hope-for Messiah, invest our treasure in ourselves, James M. Redwine, Jesus, Jews, Jim Redwine, Josephus Flavius, Merry Christmas to Us, Middle East, myrrh, Pax Americana, peaceful coexistence, President Trump, Prince of Peace, Romans, Rome's military fiascoes, stock market, true message of Christmas, withdraw from wars, WWII

Judicial Bias

June 16, 2018 by Peg 1 Comment

The National Judicial College has asked me to submit an article on Implicit Judicial Bias for inclusion in its magazine, Judicial Edge, because unfortunately, as proven by the #MeTooMovement, Ferguson Missouri, and our current political climate, implicit bias is all too explicit in the good ‘ole U.S. of A even in our courts. Therefore, I have submitted the following article to NJC and since judges throughout America may be wasting their time reading it, why, Gentle Reader, shouldn’t you? Here it is.

A syllogism: All sentient humans have learned implicit biases, all judges are sentient human beings, ergo, all judges have implicit biases. The issue is not are judges biased. The issue is how can judges guard the people affected by the judge from her/his particular biases.

Bias is a learned characteristic. Churches, mosques, synagogues, schools, news media, entertainment, sports organizations, hobbies, political parties, legal institutions, families and friends are just some of the many teachers. I discovered some of my own predilections as a law student at Indiana University School of Law in Bloomington. In the entire student body there was one African American male, three white females, fewer than five Jews, no Arabs and one Oriental male. In 1968-1970 that mix seemed fine to me. Most students looked and sounded like me. Those who did not did not raise any issue about it nor did I.

As a practicing attorney for ten years I never appeared in front of a female, Black or Asian trial judge. I did appear in front of one Jewish trial judge a few times; it was okay. I realize the demographics of law schools and trial courts have changed greatly in fifty years. My concern is the learned biases may have survived the new order, at least in the general behavior of the judiciary. Or, if some implicit biases have withered in the face of changing faces, have those prejudices morphed into others?

When faced with trying a case with a Black protagonist or antagonist I sometimes remind myself of a case I prosecuted in 1974. The defendant was a coal-black, dreadlock wearing frequent flyer whom I had prosecuted for two prior felonies. His experienced white attorney pleaded for the defendant to not take the stand in front of the white judge and white jury and subject himself to my fiery cross-examination and the exposure of his unappealing rap sheet. However, the defendant loudly professed his innocence, of at least the crime in question, and demanded to tell his story. I was salivating.

George Willie …, the defendant, took the stand, looked each juror in the eye and said, “I may be a criminal, but I did not break into that building and steal that television.” Then he turned to me and said, “Redwine, why is you always after me? We should be on the same side, the white man stole your land!”

Well, the jury agreed with George Willie and I learned a lesson about my own implicit bias and George Willie’s. I just hope I never forget to apply this knowledge when I am judging others. I must acknowledge my implicit biases, bring them up in my analysis and then prevent them from affecting my judicial behavior and judgments. Of course, the knowledge a problem exists and the understanding it should be addressed do not guarantee a sentient judge will apply lessons learned to learned biases.

George Willie’s bias as represented in his assumption I was a Native American and therefore must be prejudiced against the white power structure was a revelation to me. I was born on the Osage Nation where Indians were an assimilated part of the power structure. My friends were Indian and white but to me they were just friends. Until George Willie’s bias placed me in a minority, I had never experienced the sense of being different or less than the majority. Thanks, George Willie. It was instructive that where I saw no difference in whites and Indians, I had learned in the segregated culture of Oklahoma in the 1940’s, 50’s, 60’s and 70’s to make negative judgments about African Americans.

The following is another example, there could be many, of my own implicit biases. I served in a case in which a twelve-year-old African American girl claimed she was raped by five teenaged African American males. My instincts led me to believe her in that case of sexual misconduct because she was first of all female and secondly young. But, I regret to admit, because the defendants were young, Black males, I found myself almost apoplectically unable to fairly judge the young men who had been waived to adult court and faced many years in prison. Fortunately, the local Black community was not subject to my particular biases. Several Black witnesses stepped up and established the girl was more a juvenile Jezebel than an ingenue. As the evidence developed, I realized I could have easily allowed my prejudices to help create several grave miscarriages of justice. Fortunately, the jury saw things more objectively.

So, as a judge I endeavor to remember the all-white church where I spent my first eighteen years, the mostly white law school where I studied precedent while failing to recognize prejudice and the practice of law in which what I thought was open mindedness was nearer myopia. Today when judging I strive each day to unlearn those lessons.

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Filed Under: Gavel Gamut, Indiana University, Judicial, Law, Law School, Osage County Tagged With: #MeTooMovement, African American, Arabs, Asian, bias is a learned characteristic, Black community, current political climate, Ferguson Missouri, Gentle Reader, Implicit Judicial Bias, Indian, Indiana University School of Law in Bloomington, James M. Redwine, Jews, Jim Redwine, Judicial Edge, National Judicial College, Native American, Osage Nation, segregated culture of Oklahoma, the white man stole your land, white females

A Capital Idea

December 8, 2017 by Peg Leave a Comment

President Trump has decided to recognize Jerusalem as the capital of Israel. The Administration’s two main stated reasons for doing so are: (1) it simply acknowledges the reality, i.e., the Jews of Israel already say it’s their capital; and, (2) America’s decision will promote peace among the Jews, Christians and Muslims who live there. Of course, many of the residents of Jerusalem are sectarian and do not ascribe to any religion. However, none of them can escape their own or their neighbor’s cultural heritage.

According to the Old Testament people were already living in the areas we now call Palestine and Israel when the Hebrews migrated there. And according to the Torah, the Bible and the Quran, Arabs and Jews have the common founder, Abraham. They are genetically half-siblings at their origin.

This makes some sense to me as science has established all humans arose from one source in Africa and the Middle East is geographically connected to that source. We are all connected genetically, although it seems unfair I cannot understand nuclear physics nor run a 4.3 forty.

It is our elected federal government’s function to set and execute our foreign policy. I am good with that. But I would like to respectfully suggest to President Trump that if we want to truly recognize the reality on the ground in Jerusalem and promote peace as an honest broker, we should also recognize East Jerusalem as the capital of Palestine, just saying.

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Filed Under: America, Foreign Intervention, Gavel Gamut, Middle East Tagged With: Abraham, Africa, Arabs, Bible, capital of Israel, capital of Palestine, Christians, East Jerusalem, Hebrews, James M. Redwine, Jerusalem, Jews, Jim Redwine, Middle East, Muslims, Old Testament, Palestine, President Trump, promote peace as an honest broker, Quran, Torah

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