James M. Redwine

Peg

The American Mantra

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From “The Veranda” @ JPeg Osage Ranch. Photo by Peg Redwine

Peg and I got back to “The Osage”, Osage County, Oklahoma, USA on 26 February 2023 after a trip of two days from the one-time Soviet Union Republic of Georgia that is bordered by Russia and Turkey and lies directly across the Black Sea from Ukraine, that, also, was a former member of the Soviet Union. Georgia has a population of about four million, almost every one of whom we met yearned to come to the USA and every one of whom was insatiably curious about, “What makes America, America.” The Georgian judges we worked with from June 2022 to April 2023 unfailingly asked me “How do American judges do …?”

I was sent to Georgia by the United States Agency for International Development, the American Bar Association and the East-West Management Institute because I have been on the faculty of the National Judicial College (NJC) since 1995 teaching other judges from the United States and several foreign countries. I have designed and taught courses on judging to judges, lawyers and court administrators from Palestine (1996), in Ukraine (1999-2000), in Russia (2003) and in Georgia (2022-2023) as well as judges from other countries when they attend courses at the NJC.

My unsurprising conclusion from ten years of practicing law and forty-three years of judging is lawyers and judges and the citizens who must look to us for justice are pretty much the same everywhere. Most people are good most of the time, most people are bad some of the time and everyone everywhere wants to know why the USA is a beacon to the world. That is what I have been asked to report on during a series of debriefings concerning our mission to Georgia.

In other words, even we Americans spend a great deal of time cogitating on what makes American judges different from foreign judges. I have certainly invested a lot of years in this quest and today during a Zoom meeting with experts from Georgia and America I plan to offer my analysis. For such a complex and important subject my thoughts synthesize to a rather pedestrian mantra:

With all the judiciaries from other countries it has been my pleasure and privilege to know and work with, my perception is they believe that unless there is a specific, written law that authorizes them to take a particular action, even if they know it is the right and just thing to do, they cannot ethically and legally do so and, therefore, they refuse to act.

Whereas judges from the United States believe that unless there is a specific, written law that prohibits the judge from taking a bold, just and fair action in a case, the judge will take the action even if there is no law that specifically allows it.

This mantra is deep within America’s judicial psyche. Some, when they disagree with a judge’s imaginative decision, might criticize it as “judicial activism”. Of course, when they agree with the decision, they call it “wisdom”. But if one wants to define the bright-line difference in what other countries yearn for and what America’s judges are admired for it is just this, Judicial Independence!

This general philosophy falls within what that great American dreamer Robert Kennedy called his mantra:

“Some people see things as they are and ask, Why? I see things as they should be and ask, Why not?”

So, after 8 months of responding to my Georgian friends’ incessant curiosity of what makes America and its legal system the hope of many other countries, I point out it is not for nothing the most recognized symbol of America is The Statue of LIBERTY (that is, the freedom to do the right thing)!

Istanbul

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Hagia Sophia Mosque. Photo by Peg Redwine

In 2016, Peg and I were signed up for a Danube River Cruise that included a right turn off the Danube and a flight south for three days in Istanbul, Turkey. Because there was unrest in Turkey in 2016 Americans were advised to avoid Istanbul until things calmed. Being raised during the 1940’s to the 1960’s we heeded our government’s advice. We had already visited Amsterdam, Vienna, Slovakia, Hungary, Croatia, Serbia, Bulgaria and Romania and other ports of call, but we always regretted not getting to Istanbul, the one-time Constantinople and capitol of the Holy Roman Empire. We finally joined the Ottomans, Greeks, Romans, Byzantines, British, etc., etc. and landed in Istanbul for a week in January, 2023.

Blue Mosque. Photo by Peg Redwine

We woke up early for breakfast and were amazed to have our morning coffee only a few hundred yards away from the fabled Blue Mosque, Hagia Sophia Mosque and the ancient Hippodrome where Constantine and his Roman soldiers raced chariots almost 2,000 years before we arrived. Since we are Americans and, as the great French sociologist Alexis de Tocqueville noted in 1835, we always eat breakfast much too early, we had the sixth floor dining room all to ourselves at 7:00 a.m. We had our choice of any large window looking through the morning mist at much of the history that eventually made the revelations of Christianity and later Islam the dynamic forces they became. It was an exciting and intriguing panorama. We could not wait to finish our non-bacon breakfast and go walk where Constantine and so many others had.

We hired a guide even though the Turkish people were not only open and friendly, but also generally able and willing to speak English and help assist us in our quest to experience great architecture and artifacts. We were impressed that both the marvelous Blue Mosque with its glittering blue mosaic tiles and the even more overpowering Hagia Sophia Mosque were open for free to any member of the public without regard to faith or lack thereof. At the Blue Mosque they had a free lecture on Islam and gave any visitor who wanted one a copy of the Quran in any language one chose. Peg and I accepted one in English to replace the one we had been given at an open house at the mosque in Evansville, Indiana in 2005 that had somehow been misplaced in our moves. Although Peg and I were both raised Christian we thought we should at least know something about another faith practiced by over 1/4 of the world’s population. I have, also, donned a yarmulke and accepted invitations to synagogues and Peg lived in a Jewish neighborhood when she was a child. I have not found either the Islamic or Judaic experiences to be harmful or the Christian one either for that matter.

Anyway, after being amazed by the Roman columns and fortresses, the aqueduct and especially the gigantic fresh water Roman cistern carved out of the solid rock beneath Istanbul, we visited one more religious relic that, whether genuine or apocryphal, truly astounded us. In a museum attached to the Sultan’s Palace was a glass case protecting what was claimed to be the bones of the forearm and hand of John the Baptist brought back from the Holy Land by the Sultan. Whether in truth or myth, it was still inspiring to be close to a hand that baptized Jesus. Now, even a skeptic such as I had to suspend analysis for awe by that sight only two feet away.

Later that week we took a boat cruise on the Straights of the Bosphorus and sailed from Europe to Asia then back again. The world map showed we were extremely close to two of the great battlefields of history, Gallipoli and Troy. To think we were riding on the same waters as thousands of Australians and Turkish soldiers who struggled in that great WWI slaughter and also where one of my childhood classic heroes from the Iliad, Achilles, helped bring down “the topless towers of Ilium” was worth every inconvenience and the six year wait since our first attempt to “conquer” Istanbul.

I urge you, Gentle Reader, to follow the steps of those who did so much to make us who we are. They may be gone but you will never forget them for helping to make us, us.

You Can Go Home Again and Again

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JPeg Ranch in Indiana. Photo by Peg Redwine

For many satisfying years Peg and I made our home in Posey County, Indiana among friends and family. During those years we were blessed with treasured visits from friends and family from out west, mainly my birth state of Oklahoma. Now that we have returned to make our home in Osage County, Oklahoma, as we reconnect with old friends and fond memories, we are occasionally blessed with visits from friends and family from southern Indiana. It is not frequent enough for us but is sweet when it occurs.

Therefore, we were pleased when we received an email from Mt. Vernon, Indiana high school senior, Carlton Redman, saying he had read our book JUDGE LYNCH! that we published in 2008, and for which my sister Jane nee Redwine Bartlett wrote the poignant Foreword. Carlton asked if I would participate in a Zoom call with his English class to discuss the book’s exposé of the long hidden horrific murders of seven Black men in Posey County in 1878; we were gratified for his interest. Carlton’s Redman family has deep roots in Posey County and his grandfather, Carl J. Redman, is an old friend of mine. Carlton’s uncle, Robert Redman, served as my court bailiff for several years. Another of Carlton’s uncles, Martin Ray Redman, was not only a fine public servant but also one of my best friends. Carlton’s cousin, Greg Redman, played baseball and graduated with our son, Jim, from Mt. Vernon High School. And, Dave Pearce along with his wife, Connie nee Redman Pearce, have carried my newspaper column, “Gavel Gamut”, in the Posey County News for many of the column’s 32 years and over 900 articles. In other words, unbeknownst to Carlton before he contacted me, the fine Redman family and my family have many pleasant connections and his aunt and uncle’s newspaper has often helped tell the story of the 1878 lynchings.

But that’s not why Carlton contacted me. He had been assigned by his teacher, Mary Feagley, to do a classroom project and he chose to investigate Posey County’s long and interesting history by reading our book and then having me appear in his class via the Internet on December 16, 2022 to discuss it. I was honored to do so as our son received a fine education from the Mt. Vernon school system and we have only good memories from his time there and our time in Posey County.

Photo by Peg Redwine

Gentle Reader, I hope you have read or will someday read JUDGE LYNCH! which is a historical novel, but refers to much of Posey County’s rich history. That Ms. Feagley has guided her students to know their own history gratifies but does not surprise me. Mt. Vernon High School has had several excellent teachers, such as Jerry King, who know our future is determined by our past and we need to know it, both good and bad.

In fact, Jerry and his wife, Marsha, appeared in the movie we made in 2011 about the murders of 1878. They reenacted General and Mrs. Alvin P. Hovey and even furnished their wonderful Pioneer Village for sets for the movie, for which my brother, C.E. Redwine, did the haunting music. Numerous Posey County and Evansville, Indiana residents volunteered their time and effort in the movie to help bring the previously hidden and forgotten terrible events of autumn 1878 to light. In fact, that movie premiered in my hometown of Pawhuska, Oklahoma at the Constantine Theater on June 11, 2011 at the First Ben Johnson Film Festival and has been shown several times in New Harmony, Indiana and elsewhere since then. JUDGE LYNCH!, its sequel, Unanimous for Murder published in 2021 that incorporates history from both Posey County and Osage County, and the movie are available at the Alexandrian Public Library in Mt. Vernon and Capers Emporium in New Harmony, Indiana. In Oklahoma they are available at the Pawhuska Public Library, the Osage County Historical Society Museum and Woolaroc Museum. And then, of course, from our website, www.jamesmredwine.com.

Carlton, his teacher and his classmates are helping the community remember what we must not forget, ignore or repeat. Thank you Carlton and Ms. Feagley. I was honored to serve forty years as a Posey County Judge and was honored to have JUDGE LYNCH! used to help preserve and expose our history.

Now that we live in Oklahoma we occasionally get to re-visit southern Indiana and see family and friends there. These times are rare but valued treasures, just as we used to feel when we lived in Indiana and visited Oklahoma. What Peg and I have found to our delight is that if one lives in both Posey County, Indiana and Osage County, Oklahoma, you have two homes and you CAN go home again, repeatedly.

“The Veranda” at JPeg Osage Ranch. Photo by Peg Redwine

The World In Ruins

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Photo by Passer-By in Coliseum 2014

Donald Trump has declared he will make a third run for the presidency in 2024. Joe Biden claims he will seek re-election. Several Republicans, Ron DeSantis, Mike Pence, Mike Pompeo, and others are not so secretly hoping lightning strikes them, or maybe strikes Trump. Democrats Gretchen Whitmer, Kamala Harris, Cory Booker, and others are feigning fealty to Biden but may be looking wistfully at the effects of Father Time.

In other words, American politics remains unchanged from the days of Jefferson and Adams. It also has regenerated its tiresome media circus of peeking under tent flaps and salivating at the probability of political gaffs. So, buckle up or just tune out for the next two years. As for me and Peg we have been looking at the past, as the present is just too fractious. So, as the pundits and politicians squabble like infants with dirty diapers, Peg and I have been interested in viewing the ancient ruins that became ruins when the cultures of the past let their tantrums get the better of them.

A couple of years ago we visited Rome and walked around the Coliseum. One gets images of gladiators and emperors who had no thought their pretentious edifice would be a mere pile of rubble one day. Then just last week we visited another ancient fort less than ten miles from our home in the country of Georgia. Georgia claims, according to the book Georgian Folk Traditions and Legends, to be situated at the juncture of Europe and Asia and to “[b]eing the most invaded country on earth.” For example, Russia that is Georgia’s neighbor to the north has most recently invaded Georgia in 2008 and 2014.

Photo by Peg Redwine

However, the fort we visited was built by several conquerors over thousands of years but was constructed in its present form on the orders of Roman Emperors Nero, Pompey, Julius Caesar Tiberius and Hadrian during the era 65 BC to the reign of Constantine, 306-337 AD. The name of the fort is Gonio-Apsaros Fortress and it is an impressive structure with ancient stone guard towers, sewage and water systems and Roman hot baths. Of course, today it is all just remnants of past glory. It is on the outskirts of the resort city of Batumi, Georgia near the shore of the Black Sea and about 3 miles from the Turkish border.

Photo by Peg Redwine

Gonio reminded us of the hauntingly impressive Native American pueblo village at Mesa Verde National Park in Colorado. This extensive cliff city was home to many Native Americans for over 700 years from 600-1300 AD. Was it simply abandoned, and if so, why? But once again we observed an impressive series of homes and a mountain stronghold that now is interesting and beautiful, but not lived in by its creators.

I suppose there are many reasons we enjoy visiting these sites of once vibrant communities gone dormant. The inventive genius of our human ancestors gives one a sense of awe and appreciation for the hard work and perseverance of people who were probably quite similar to us. If we could transport them to modern times or transport us back to their times, everybody would most likely fit right in with just a little movie make-up and a change of clothes.

The conclusion or question that keeps us awake, for example I am writing this at 3:50 a.m., is that just as the country of Georgia has been conquered numerous times (as has Jerusalem by Jews, Muslims and Christians on a revolving basis, and Rome and Greece by Vandals and Visigoths and North and South America by Spanish, English, French and Portuguese invaders) are our ruins going to provide interest to tourists of the future?

The Source

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Where my boxes of stuff went!

When former President Donald Trump moved out of 1600 Pennsylvania Avenue in Washington, D.C. he took fifteen boxes of stuff with him that he stored at his Mar-a-Lago home in Florida. Someone tipped off the FBI that the boxes were stashed in some closets. Who might that have been is one of the matters the FBI and the Department of Justice wish to keep confidential. That information is most likely part of what was redacted from the Affidavit that was filed with the application for the Search Warrant. We in the general public, therefore, do not know who the source was; I certainly do not. However, I do have a theory for your consideration, Gentle Reader.

It is reported that the 15 boxes contain governmental documents with news articles and magazines interspersed. Who would be concerned with such stuff being left sitting around the house? If The Donald is like most husbands, he probably does not get exorcised over a few extra items thrown into an attic, a basement or a closet. However, if Melania is anything like Peg, she takes a dim view of stacks of stuff cluttering up her house.

I remember when Peg and I last moved she took it as an opportunity to jettison a great deal of what I held dear, such as stories about my youth and old files from legal cases long forgotten. Anytime I was not vigilant Peg would trash my treasures to make room for her new acquisitions in our new residence. Clutter is to Peg as the contents of the Augean Stables were to Hercules and it seems most of what I hold dear as personal history Peg decrees to be stable staples. We are in a perpetual yang and yin of store or shovel when it comes to my inclination to preserve what Peg sees as dross. My guess is Donnie and Melania live a similar dynamic.

Now I do not know what was in the boxes. I do know the stuff sat around Florida from when the Trumps left Washington on January 28, 2021 and the country seemed to chug along okay until August 08, 2022 when the Search Warrant was executed. The stuff in the boxes did not seem to affect America’s decision to send billions of dollars of military equipment to help Ukraine defend the war against Russia’s invasion. It is probably what the psychologists would call my retrogressive inhibitions from the 1960’s, but for some reason visions of Viet Nam and Afghanistan keep muddling around in my brain.  The contents of the boxes may be of no more significance than the contents of the file cabinets I struggled to schlepp down three flights of steps from my attic in our old home and haul to a barn at our new one.

That is not to say Donald should not turn them over to the National Archives. Maybe they are important, or not, but they still belong to all of us. And I wonder if Melania may not have been that unhappy to see the closet doors open for the FBI to haul the offending boxes away so that they have now become the National Archives’ problem instead of hers

The Briar Patch

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Photo by Peg Redwine

Joel Chandler Harris, AKA Joe Harris (1848-1908), was born in the state of Georgia before the Civil War and worked on a slave-holding plantation as a teenager. After the war he became an associate editor at The Atlanta Constitution newspaper. Harris had lived and worked around the evils of slavery and he had absorbed the folk wisdom of slaves who were prohibited by law from formal education. Harris created his fictional writings using Uncle Remus as a wise and shrewd observer of human nature hidden within animal behavior.

Harris intended his writings as compliments to the ability of Uncle Remus to explain human foibles by giving animals human failings such as arrogance. In the story of Br’er Rabbit and Br’er Fox contained in Harris’ Uncle Remus: His Songs and His Sayings, the meanness of the Fox is used by the Rabbit to escape by getting the Fox to “punish” the Rabbit by throwing him into a briar patch. Of course, that is exactly what the Rabbit really wanted.

Unfortunately, due to our current misguided wokeness in many areas, the slave dialect used by Harris now interferes with the appreciation of the literature of The Song of the South and a great number of those pro-African American folk tales are no longer read. However, for those of us whose time of birth helped us escape the ravages of the current misguided ignorance in the area of children’s literature, Uncle Remus is still imparting wisdom, such as enjoying a proverbial briar patch. Or in my case, Peg’s banishment of me to the solitude of our bunkhouse when I got COVID and Peg did not.

At first, I was offended when Peg handed me my toothbrush and a set of clean underwear and locked our cabin door behind me after she forcefully shut it. It was not that I wanted Peg to share in my experience of a sore throat, lethargy and endless amounts of crud being expelled from my body. It was more the feeling that a one-person leper colony was a rather lonely possibility, plus I really missed my favorite recliner and ready access to the refrigerator. Oh, and Peg too, of course.

Be that as it may, Peg sentenced me to two weeks of quarantine with the same lack of ceremony she would have exhibited if a door-to-door encyclopedia salesman had appeared with a sample case. You remember encyclopedias don’t you, Gentle Reader? You know, those things with pages, tables of contents and indexes that went the way of the dodo bird after Google came along. Well, that may call for a different column.

Anyway, here I am alone with the piles of books I never read, the piano I used to play and old photographs of friends and relatives I barely recognize. I have been rummaging through boxes and drawers filled with the most interesting stuff not seen by me since high school. What a strange looking dude I was with dark colored hair and a discernible jaw line. Who was that and who are those undecipherable young people around him wearing weird clothes?

Say, Peg, what is this thing that says Maytag on it? Is this where my clean clothes came from? It must be a miracle machine. How does it operate? By the way, there is no stove out here and after several days of eating the leftovers you sent with me, I am ready for some real food.

By the way, I have done my Paxlovid and am pretty sure I am not Typhoid Mary anymore. On the other hand, the bunkhouse refrigerator is stocked with leftover beer from our Fourth of July Family Reunion and the TV is constantly tuned to Gunsmoke reruns. The bunkhouse is the answer to every boy’s escape from his mother and every husband’s escape from constant inspection by his wife.

Clothes are in a pile where I take them off. The bed never has to be made to drill sergeant standards and every door knob and chair back is a hanger. But the most serendipitous of all? Peg is afraid to step foot in my little slice of heaven. I may claim to be eternally toxic. Bring on that Briar Patch!

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