James M. Redwine

Russia

D-Day

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“Throughout the 200-year history of the United States the American nation has been at war.” That was how author William Koenig led into his 1980 book, Americans at War. Although ostensibly a study of American warfare from about 1775 at Lexington and Concord to 1975, the end of the Viet Nam War, Koenig actually starts with the arrival of the Mayflower in 1620 and Native Americans meeting the ship. Had he waited until today to publish he could have included another fifty years of Americans at war, right up to Ukraine.

In general, we Americans view our involvement in foreign wars, that is, non-Native American warfare, as justified by the belligerence of others who have forced us reluctantly into “making the world safe for democracy.” The beginning of our provision of armaments, intelligence and training to Ukraine dates back to soon after the fall of the Berlin Wall and the “breakup” of the Soviet Union. The current U.S. commitment of over 50 billion dollars is only a fraction of our huge military and economic support for Ukraine over many years. Russia has often taken note.

George Soros, the Hungarian born American billionaire, stated on May 24, 2022 that the Russia-Ukraine war may be the start of World War III and result in the end of human civilization. Such doomsday statements are not a new phenomenon. Ever since the days of The Flood people have warned that human behavior, usually by someone other than the Jeremiad of the moment, was going to lead to the end of the world. They mean the end of homo sapiens’ short 200,000-year reign on our 4.5-billion-year-old planet. Earth will survive, but without us.

I have no estimate how many predictions of mankind’s demise have been made from the time of our common really great-grandmother, Lucy, in Africa until 1945. Until America came up with and used the atom bomb, the philosophers who had previously cried wolf were doing just that. However, now with numerous countries possessing nuclear weapons and itching to use them, we may have finally made honest men out of Noah and all the other survivalists. I am not going to address climate change and pollution as doomsday machines as I only have about three pages of print available. I will stick with nuclear war in this column.

With nuclear powers, such as Russia, North Korea, China, America and Israel all claiming they fear for their survival, I am reminded of my onetime acquaintance who told me in 1973 that if Egypt were about to destroy Israel that Israel would be justified in destroying the whole world to avenge itself. Fortunately, he was not an Israeli and Egypt stood down. I do wonder if Putin might feel so threatened he would believe Russia would be justified in starting the nuclear daisy chain.

These thoughts of World War III came scrambling into my brain when I thought about June 06, 1944 and D-Day. Americans and many others thought the World War of 1914-1918 with its inane carnage, over no one knew what, was going to end world-wide war. Then the courage and sacrifice of 150,000 American soldiers on D-Day was touted as the beginning of the end of totalitarian regimes. Later we thought we had learned something from Korea, Viet Nam, Iraq and Afghanistan. Now, George Soros, hardly a war monger, fears we may be at the beginning of WWIII raging in Ukraine.

As for me, I will place my confidence in that part of human nature that has pulled us back from self-immolation many times. History leads me to have faith we will not self-fulfill such a dire prophecy. Of course, if I am right everyone will be around to say so, and if I am wrong, what difference will it make?

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 Price of Peace

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Photo by Peg Redwine

Americans relate to the Ukrainians’ passion to control their own lives. Of course, self-determination is not just an American or Ukrainian desire. It is a universal need for all people. However, when it comes to a democratic form of government there is an interesting historical tradition shared by Americans and Ukrainians.

We Americans rightly point to our Constitution that took effect in 1789 as a shining example of how a country’s government can be held in check as individual liberties are protected. However, in 1710 Ukrainian Philip Orlyk wrote and published a proposed constitution that called for a government designed to have three competing branches, Executive, Legislative and Judicial. Our American constitution was drafted principally by James Madison and was based mainly on the theories of French legal philosophers Montesquieu and Voltaire and the English legal philosopher John Locke along with legal theories underlying The Enlightenment. All of these thinkers did their work after Orlyk had published his constitution based on a democratic system of self-government.

Orlyk’s constitution was never put into operation. But the strong democratic ideals of the Ukrainian people were a part of what the German legal philosopher Friedrich Carl von Savigny (1779-1861) would have described as the Ukrainian nation’s Volksgeist. Volksgeist is the inherent common spirit of a particular culture, in this case Ukraine.

When we are amazed that the Ukrainians are so vigorously and courageously opposing aggression from the third most powerful military on earth we can look to their spirit, their Volksgeist of democracy. This deep passion for self-determination when coupled with the natural advantages of fighting for their homeland have allowed the Ukrainians to stand up strongly against the great Russian bear. Will they win, yes, because they already have. Much of the world is on their side and is supporting them. Will Russia eventually gain physical control of Ukraine? Maybe, but emotional control over the hearts and minds of the Ukrainians, probably not.

How will this war reach what in mediation is called a quiescent state? There are many possibilities. In the long run the outcome is a subject of pure speculation. But in the short run a few things can be suggested. In all negotiations each side has their dream outcomes and each has what they eventually will accept. Russia probably hoped for total capitulation by Ukraine and Ukraine probably hopes for surrender by Russia. Neither outcome is likely.

Should total victory be beyond either country’s grasp, Ukraine may settle for sovereignty of all Ukrainian territory west of Russia including free access to the Dnieper River from the Black Sea plus sovereignty over the port of Odessa. Whereas Ukraine may want and may deserve reparations of billions of dollars from Russia, Russia cannot provide for itself much less re-build Ukraine. Ukraine will look to America and others such as Germany, France, Canada and Great Britain for economic aid.

Russia may be eager to get out of the quagmire it has blundered into if Ukraine concedes Crimea, already a fait accompli, and any port on the Black Sea or the Azov Sea excluding Odessa. Russia would have to sign a treaty that promises no future incursions into Ukraine and no interference with the Port of Odessa or use of the Dnieper River. Ukraine would have to sign a treaty that binds itself to not seek or accept NATO membership as long as Russia abides by the peace treaty. Of course, there are thousands of other possible significant concerns both countries may wish to have go their way. But peace requires sacrifice.

A Cuppa For Peace

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Post Card from Moscow Coffee Bean. Photo by Peg Redwine

Starbucks Coffee Company has suspended operations in all 130 of its Russia based coffee shops as a protest to Russia’s invasion of Ukraine. The first shop opened in September 2007 in Moscow. Peg and I were in Moscow in 2003. We are Americans. We drink coffee. We were in anguished caffeine withdrawal almost the whole week we were in Russia. I applaud Starbuck’s gesture but worry about those people who are forced back to the pre-2007 coffee-less culture in Russia. Of course, the blame lies with Putin but the headaches are visited on the Russian proletariat as war is visited by Putin on the Ukrainians.

In 2003 Peg and I, after long and frenzied searching, located one coffee shop, The Coffee Bean, in Moscow. As this was our first trip to Russia we had been unaware of Russian culture which at that time considered one cup of instant coffee in tepid water good enough for such foreigners as we. The cold turkey shock treatment made us acutely aware of a society where vodka and cognac were more available at breakfast than coffee.

I do not expect Putin to come to his senses on his own so his war on Ukraine will most likely play out as such debacles always have. There is the initial shock and awe, then the search for weapons of mass destruction, the trading of lies and misinformation, then death, injury and misery followed by years of confusion and remaking of history by the survivors.

I do wonder what Putin’s thought process was that led him into this tar pit. He keeps making public statements and allegations about NATO and Ukraine’s belligerence. His statements and actions appear to arise from paranoia, what most of the world sees as an unreasonable fear that Ukraine and the other pre-1991 Soviet Union countries along Russia’s western border will be used as bases for the United States and our allies to attack Russia.

Putin may have reasoned that as Ukraine was steadily building up its ties to democracies such as America, if he did not strike now, he would have no viable defense to a stronger Ukraine that might become a member of NATO later. Such an analysis seems ludicrous to us but it is not our thought process that is in question. If Putin believes it, even if it is false, then his actions may make sense to him.

He also may have been misled by the relative ease with which Russia took over Crimea from Ukraine in 2014. In today’s attack his objective may have mainly been to take over that part of Ukraine, such as Odessa, that borders the Black Sea. But then he made a common tyrant’s mistake. He got too greedy and decided to grab what was left of the remainder of Ukraine beyond Crimea.

By this time, Gentle Reader, if you are still with me, you are asking, “What does any of this have to do with coffee?” Okay, as Fareed Zakaria might say, “Here’s my take”. I hope the Russian people will have become so hooked on coffee after 2007 that this forced Starbuck’s withdrawal will cause them to see Putin for the despot he is. Then perhaps the aroused common citizens will rise up and replace the warmongering Putin and his incompetent military leaders. If the Russians feel anything similar to the way Peg and I did in 2003, revolution is not so farfetched.

JPeg Osage Ranch Coffee Bar. Photo by Peg Redwine

Welcome to Ukraine

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As I retrieved my luggage at Boryspil Airport outside Kyev, Ukraine the last week of December in 1999 I was surrounded by a jostling mob of drably dressed male cab drivers shouting for my attention in an amalgam of Ukrainian and Russian. I chose the aesthetically thin one who said “Best” in English. He loaded my large golfclub caddy, my suitcase and my backpack into his precarious looking tiny Trabant vehicle with a cracked front windshield. Once we left the airport for Kyev I understood why the passenger side window was down; the roller was broken.

It was dark. It was bitterly cold. It was snowing. The trip to the “four-star” Hotel Dnipro in downtown Kyev took about half an hour and the driver did not want Ukrainian hryvnia (pronounced grievna) but American dollars. I later learned he probably would have been ecstatic with $5.00, but I paid him $30.00. He insisted on pulling my heavy golfclub caddy into the lobby. The caddy was filled with lesson plans and Walmart trinkets for the Ukrainian judges that the National Judicial College had sent me there to teach. After I starting teaching classes, I found the Ukrainian judges were as thrilled to receive the plastic Harry Potter toys I had brought to give away as prizes as we Americans might have been to get expensive sports paraphernalia from our favorite team.

I checked in, gave up my passport with a twinge of indecision, and was directed to my room on the seventh floor. I was not given a key but was simply told I would be in room 702. When I got off the elevator, I found a woman wearing a large shawl sitting at a plain wooden desk in the cold hallway. I used my fingers to show her my room number and she opened an unlocked drawer containing the keys to all the rooms. She did not ask for I.D. She just handed me my key. I kept it in my possession for the whole two weeks I was there.

The door to my room reminded me of the pasteboard type construction used for cheap, portable closets in the 1950’s. The room had a single metal bed, a small metal table with two metal folding chairs and a window looking out onto an alley. There was a metal dowel rod, but no hangers, for hanging clothes and the restroom had a commode, a sink and a tiny shower that I soon found spurted out green water. I spent two weeks on bottled water and a lot of soap.

The room was about four paces long and three paces wide. Once I moved my luggage in, I could barely turn around. I had hardly got in my room when the telephone rang and a female voice said, “Anna”. I responded, “No, you have the wrong room.” The woman said again, “Anna” then she added in a Ukrainian accent, “You want?” I was a little slow but finally got it. I said thank you but, “No”. The cab ride and Anna were just the beginning of my introduction to the Ukrainian economy.

After I kind of unpacked I decided to seek out a sandwich and a beer at the snack bar on the second floor. The bar was near the doors to a small casino where two uniformed dealers, one male one female, were behind black-jack tables. I was the only potential customer. I had the uncomfortable feeling I was the only game in town so I slowly backed away from the casino and went to the bar.

The bar was about twice the size of my room with a semi-circular formica topped bar and five stools like those one might find at a small-town drugstore counter. There were four small metal tables with armless metal chairs. When I entered the bar there was a male bartender who indicated in Ukrainian and with gestures they had no food, only potato chips. There was a large man sitting on one of the stools and at one of the tables a thin woman, everyone was thin, sitting alone holding an unlit cigarette.

I ordered a bottle of beer and received one with an unreadable label. I took the bag of chips and the beer to an empty table and sat down. Almost immediately the woman moved to my table and sat near to me. She looked to be about thirty years old. She asked in English if I would buy her a beer. I was surprised at her excellent English and told her so. I did not respond to her request. She said she could tell I was American as she had once lived in New Jersey while going to college. After a few minutes of talking, she managed to convey to me what her second job was.

She said she was a medical doctor who was employed by the government but she had not received any pay for three months. After I explained I was not interested in her second job she just sort of smiled and pointed to the large man at the bar. She said, “That is my husband.” She said their only child, who was sixteen, was home alone. She said they could not afford more children, but wanted more. Then she began wiping at her eyes. I shook her husband’s hand and left.

The next day I went for a walk to the center of Kyev and found Maidan Nezalezhnosti (Independence Square). Two shabbily dressed men were staring at the non-operating fountain. In a rusty dented metal bucket, they had a few worn tools. It was very cold as they made a few half-hearted attempts to work on the fountain. Then one of them just threw down the bucket and they walked away. I assumed it was a real-life lesson in the old Russian/Ukrainian/socialist aphorism, “The government pretends to pay us and we pretend to work.”

As I walked the main streets, occasionally but not often, an automobile would be flagged over by a uniformed police officer. The exchange of demanded money was not even attempted to be hidden.

The next two weeks as I taught approximately two hundred Ukrainian judges about America’s judicial system, I was told the government was supposed to pay each judge the equivalent of $350 dollars per month and provide living quarters for each judge’s family. However, the judges told me they were paid sporadically and had to share an apartment with other judges.

I did learn that many, but not all, of the Ukrainian judges despised Russia and that it was wise on my part to call the capital Kyev (Kāev), not Kiev (Kēev) and when I said goodbye, I should use the Ukrainian “do pobachennya” not the Russian “do svidaniya”.

I do not know how much American judicial knowledge I imparted to the Ukrainian judges, but about the only “honest” economy I did find in Kyev were the black markets set up in the courtyards of the huge churches. I frequented them several times and bought about $1,500 worth of marvelous local items such as Ukraine’s delicately painted eggs. I filled my then emptied golfclub caddy with numerous wonderful mementos for the trip home.

As I was preparing to leave Ukraine for the U.S. via the airport, the uniformed customs officer asked me if I had anything to declare. I at first answered, “Yes”, and pointed to my golfclub caddy. The customs official looked me in the eye and she said again, “Do you have anything to declare?” I said, “No”, and brought the souvenirs home while leaving my American dollars in Ukraine.

I liked the Ukrainian people very much but the living there is hard. I hope Russia does not invade, but if it does, I hope the Russians bring food and jobs and not just more misery. The Ukrainians have it tough enough already.

Of Founders and Russians

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Harvard law professor Michael Klarman was the keynote speaker at the June 2019 Indiana Graduate Judges Conference. As an attendee I received a signed copy of Klarman’s book, The Framers’Coup, The Making of the United States Constitution. Gentle Reader, to give you some perspective on the exhilarating experience of a law professor’s book, the tome’s Note and Index sections run from page 633 to 865. Of course, the substance of the book contains 632 pages of which several pages thank the law students who did the grunt work. Regardless, I do recommend the book to you as an interesting and often surprising exposition of how our Constitution survived the throes of birth. As Klarman says of our pantheon of founding heroes:

“In the book I try to tell the story of the Constitution’s origins in a way that demythifies it. The men who wrote the Constitution were extremely impressive, but they were not demigods; they had interests, prejudices, and moral blind spots. They could not foresee the future, and they made mistakes.”

This is Klarman’s raison d’etre for writing the book. His admonition is that the men, and they were all white, Anglo Saxon, Christian men, who struggled for six months in Philadelphia in 1789 to create the United States were just men, not gods. Some of them owned slaves, some did not. Some were from populous states, others were not. But they were all mere mortals with virtues and defects.

The underlying message of the book is that if those men could find a way to overcome their political and philosophical divisions, we and future Americans should also be able to. For example, in our current culture wars where President Trump alleges Ukraine helped Secretary Clinton in the 2016 election and Clinton alleges Russia helped Trump and more recently both Trump and Clinton and many others are flinging arrows in all directions alleging our leaders are “foreign assets” we should just chill. If James Madison and the Federalists and Thomas Jefferson and the anti-Federalists could reach compromises, we should be able to also.

The salient issues and the thorniest were how could our Founders apportion representation among populous and less populous states, how was slavery to be addressed (or not) and could common citizens be trusted to govern themselves.

According to Klarman, as our Framers struggled to hold the Constitutional Convention together the Federalists and the anti-Federalists, “Questioned their opponents’ motives and attacked their characters, appealed to the material interests of voters, employed dirty tricks and made backroom deals when necessary.” Sound familiar?

Okay, you probably are choosing to go sort your socks rather than to hear any more from Professor Klarman or from me. But a word of caution, Gentle Reader, if I have had to experience the joys of all the almost 900 pages of Constitutional history, you may have the same opportunity in next week’s column. We might even delve into the vicissitudes of whether the United States Supreme Court is truly independent or are its decisions as politically based as those of the other two Branches