James M. Redwine

Ukraine

Honor

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Gentle Reader, I was recently invited to address a group of high school honor students. I prepared the following remarks and hope they and you find them worthy of your interest. The theme given for the ceremony for the honor students was, “Write your own story”.  I designed my remarks around that theme.

HONOR

“Honor Students, as you write your life’s story you really only need to keep in mind a few elemental rules.

First, remember you are fortunate to have your American birthright to always guide you. When our son, Jim, first went to the old Soviet Union in 1992 he found complete strangers would pick him and his fellow Americans out and ask them if they were Americans. Jim decided the Americans stood out because they were the ones always smiling.

Then, when I taught judges in Kiev, Ukraine and Volgograd, Russia and the country of Georgia that had once been in the Soviet Union, people would stop my wife, Peg, and me on the street and ask us about America. We simply stood out from those around us. The reason was we were happy and smiling, but most of the natives were dour and stern. What we decided was that we were happy because we Americans had options; our freedom of choice was the difference.

So, Honor Students, as you write your life’s story never lose sight of the essence of being an American, that is your freedom to choose your own path. Of course, your freedom of choice has always been part of your lives. You have learned it at home and in school.

While I learned countless lessons of immense value in high school, I will share just three with you. The first involved the United States Constitution. Now you might think someone who had been to several colleges and even law school might know the Constitution through those schools. However, my most indelible lesson in the U.S. Constitution came from my high school American history teacher.

One cold autumn day our teacher came to class without his regular plaid sport coat. He was wearing a short-sleeved shirt and a flowery tie. He asked us in the class, “Why do I have the right to wear this short-sleeved shirt?” Naturally, none of us had a clue. He called on me, “Redwine! You should know the answer. The 2nd Amendment, you know, the right to bare/bear arms”. And I never forgot the 2nd Amendment after that.

Then there was our principal who taught me a lesson in sentencing. As a judge for more than 40 years I have been called on to devise many sentences that are fair, follow the law and do good, not harm.

I have many times remembered the wisdom of my high school principal who devised a “sentence” that perfectly fit the crime, that is, the football players including me who got into an out-of-control snowball fight during a lunch hour.

Our principal had us line up outside his office and ordered us not to move or talk while we waited for him to deal with us one by one. We stood in line dreading our punishment for 2 hours until he came out of his office and said, “Alright boys, no more brawls, now go to practice”. I have often thought back on this fair and imaginative “sentence” when I have had to make a sentence comply with the law but show mercy too.

Another lesson that helped guide me through several difficult sociological dilemmas involving the fair and equal treatment of people who came before me in court, was taught to me by my two high school football coaches when we played a game against another high school in a nearby town.

After the game our coaches put us on the bus and we drove to a restaurant in that downtown. Now, I realize to you Honor Students today, segregation is like something from a foreign country and a by-gone age. I assure you it was real.

I did not go to school with African American kids until after Brown vs. The Topeka, Kansas Board of Education in 1954 when the U.S. Supreme Court declared “separate but equal” in U.S. education may have been separate, but it was not equal and it was unconstitutional even though it was written to be the law.

My high school integrated my freshman year in 1957 and we had 3 black players, called coloreds back then, on our football team. So, when we stopped at that restaurant after the game our whole team went in, but the restaurant owner refused to serve our black players. Our coaches said, “If you won’t serve our whole team, none of us will stay”. So, we all returned to the bus.

This lesson in choosing the harder right over the easier wrong made a life-time impression on me as to what choices really matter. This experience made a better judge, and better person of me. It also helped me to recognize the major difference between American judges and the many foreign judges I have observed and taught. Foreign judges often refuse to devise a way around an unjust written law, but American judges will choose the harder right over the easier wrong and apply a legally acceptable but fair alternative to a tough case.

So, Honor Students, please write your own story knowing you have the right to choose where you go and what you do, what you believe and what you find invalid.

As Professor Joseph Campbell who taught at Sarah Lawrence College said, there is only one unpardonable sin, “To be unaware”. Therefore, pay attention as you write your story, do not let your life pass you by.

Also, Socrates told the Honor Students of Athens 2,500 years ago, “The unexamined life is not worth living”. In other words, be curious, challenge the status quo. As Alexander Pope cautioned in his poem, A Little Learning, “Drink deep, or taste not the Pierian Spring”. That is, do not be fooled by too little knowledge or those who espouse it.

The poet Robert Frost advised us to take the road less traveled, or as that great philosopher Yogi Berra said, “When you come to a fork in the road, take it”.

Honor Students, remember the sage advice of your mothers and “If you can’t say something nice, say nothing at all”.

And most importantly, as you write your own story, always “Choose the harder right over the easier wrong” and your life story will have a happy ending! If you follow these guideposts, I predict each of your life’s stories will be of great satisfaction to you and of great benefit to everyone else.

As Henry Wadsworth Longfellow said in his poem, A Psalm of Life, “Lives of great [people] all remind us, we can make our lives sublime and departing leave behind us, footprints on the sands of time”.

Honor Students, write your own story your own way and keep smiling!”

Predictions

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Happy New Year! Photo by Peg Redwine

It is the new year, a time when we humans have often either savored our accomplishments, reflected on our regrets, dreamed of our hopes or dreaded our fears. The new year has long been a time when people of many cultures have analyzed the past and predicted the future. As Yogi Berra might have said, the future is hard to predict. However, that has never stopped us from trying. As for me, I find regretting the past only makes it more regrettable and dreading the unknown future only leads to self-fulfilling prophecies. On the other hand, attempting to predict the as yet uncontrollable events ahead will probably do little harm as the world will ignore us anyway. Ergo, I will boldly, if ignorantly, publish a few of my predictions as my experience has been hardly anyone will pay attention so no harm will result.

First, I will not lose weight nor exercise more unless an increasing frequency of nighttime bathroom trips qualifies. Nor will I read the many potentially life-altering books I have in my library. Second, I will not help Peg more around the house nor spend less money on chips and dip and less time in front of the telly. Third, none of my complaints about any public officials will result in any constructive impacts as, first of all they will not be read and secondly none of the officials will think they need to make any changes.

When it comes to generic suggestions, such as I and many others have been making for many years, our state and federal governments may take umbrage, if they even take notice, but not one of our calls for peace in the Middle East or anywhere else will be heeded. In fact, I predict our national leaders will swallow the false intelligence once again fed to us by Israel, such as “weapons of mass destruction”, and we will support a war against Iran as we enable Israel’s theft and destruction of Palestine and Syria.

I do predict Ukraine’s invasion by Russia will finally reach a stalemate on the terms I predicted just after it began three years ago; and, after we have expended billions of our treasure. Russia will stop in return for a permanent seizure of Crimea that they have occupied since 2014 and the permanent occupation of a substantial portion of Ukraine east of the Dnipro River with Ukraine to maintain its ownership and control over the port of Odessa on the Black Sea. I further predict Russia will not help rebuild Ukraine, but America will to the tune of many more billions of our dollars.

Well, Gentle Reader, I suppose you can tell why I find predictions of the future as unhelpful as Yogi might have. I do have many more fears and hopes relating to our fragile globe’s future, but I find the concentration upon them debilitating. And, as it is the new year, I will just succumb to muddling on through 2025. “Happy” New Year to you all.

Not That Long Ago

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My childhood friend and neighbor Gary Malone was killed in combat in Viet Nam July 28, 1966. On Sunday, September 10, 2023 President Biden stood in front of United States and Vietnamese flags and announced a strategic partnership with Viet Nam, more honestly identified as a pseudonym for military assistance. It is generally understood that this military realignment is to counter balance Viet Nam’s reliance on its neighbor China. China was North Viet Nam’s main supporter when the United States was fighting a 20-year war against it (1955-1975).

Gary cannot express his feelings about his country’s rapprochement with the people our government sent him to fight. But I may soon get to see his brother, Bud Malone, who along with Gary’s twin, Jerry, also saw combat in Viet Nam. Maybe Bud and I will discuss the war and Gary and Jerry or more likely, since Bud is Osage and we have been friends for almost 80 years, not much will need to be said. Perhaps a song from the musical Les Misérables can help fill the void:

♪….

Oh my friends, my friends forgive me
That I live and you are gone
There’s a grief that can’t be spoken
There’s a pain goes on and on

…

Oh my friends, my friends don’t ask me
What your sacrifice was for
Empty chairs at empty tables
Where my friends will meet no more ♪

When American young people were both fighting and protesting the Viet Nam War our government was issuing vague exhortations about the need to stop the advance of Communism in China and the U.S.S.R. (today’s Russia). In fact, as Gary and 58,000 more members of our generation were serving and being killed in Viet Nam, our government’s pronouncements then sound much like our government’s rationales for war today. We must fight China, Russia, Iran and a myriad of other perceived enemies there now so we will not have to fight them here later. The one constant we can rely on is that old people will do now what old people did then when 22-year-old Gary gave his life for what he believed in. That is, our government will send young people to pay the price.

My guess is Gary would support peace and even friendship now with Viet Nam and even China, Russia, Iran, etc., so other people on all sides might avoid an early death from armed conflict. Of course, I cannot ask Gary today what he would think as if he were an 80-year-old. We all struggle to understand how that puzzling young person we used to be would react today. I do remember I started out believing the government and supporting the war then slowly realized we had been misled by our leaders who were themselves misled by false intelligence and bad judgment. Gentle Reader, does that remind you of our recent wars in Iraq, Afghanistan and even, perhaps, Ukraine?

Peace and friendship with Viet Nam do not denigrate the honorable service of Gary and his fallen comrades. Rather they validate the ideals they stood for. The issue is not was their sacrifice in vain? It was not, as long as we do not forget it and as long as we learn from it. Rest in peace my young friend. Your former adversary and your beloved country have finally come full circle building upon your service. We must now guard against our new alliance helping to lead us into a new conflict with another old enemy. Your memory deserves better.

Other Countries Heard From

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Photo by Peg Redwine

President Kennedy gave his inaugural address January 20, 1961 when I was a senior in high school. He was concerned about the Soviet Union’s 1957 Sputnik achievement and challenged American youth to respond. That September I entered Oklahoma State University and boldly majored in physics. By June 1962 I had learned how to smoke but not learned anything that would raise concerns in Russia. I changed my major to English and then in June 1963 decided to “ask what I could do for my country” without the headaches of college level studies. I became a 1960’s Okie and headed for California. On the way I took my first foray out of the United States to Nogales, Mexico.

My friend and fellow OSU dropout, Ed Kelso, and I drove his 1954 Mercury down to the Mexican border and were waved through without so much as a question, much less a visa. We stopped at the first bar we came to and ran into my old high school classmate Jim Reed and a few other guys from Pawhuska, Oklahoma who were there on a similar journey of cultural discovery. What I noted from my brief sojourn was my high school Spanish was sufficient as long as we had U.S. Dollars. I also received my first faint awareness of how lucky I was to have been born north of the border.

Another foreign country experience was when as a member of the National Judicial College faculty I was sent for two weeks (December 1999-January 2000) to Ukraine to teach Ukrainian judges. I liked the Ukrainian people but found their lives to be quite difficult. The judges told me they frequently did not receive their small monthly salaries and the Ukrainian government often failed to provide them and their families with promised individual family housing. Also, police corruption was in full view on the streets of Kiev and workers who were supposed to help repair such public assets as the fountain in “Freedom Square” did about as much work as I did at Oklahoma State. As the old Soviet saying went, “The government pretended to pay them and they pretended to work.” I left Ukraine with a greater appreciation of what our Founders sacrificed for us.

Then in 2003 the National Judicial College sent me to Russia for a week to teach Russian judges about jury trials. The old Soviet Union abolished jury trials after the 1917 Revolution and Russia was just reinstituting them into their legal system. Peg was able to be with me on that trip and we, once again, found the Russian judges to be friendly and gracious but the Russian culture caused us great chagrin. A good cup of coffee was truly a foreign concept, but the consumption of alcohol was quite prevalent. The idea of innocent unless proven guilty was belied by the defendants being housed in metal and plastic cages in the courtroom. And when a defendant on trial for murder was marched into the courtroom by four AK47 carrying uniformed guards right in front of the jury, my American sense of justice was assaulted. It was good to get back to my Indiana courtroom with its guarantees of equal justice. Russia was interesting, but the United States was good to come home to.

Most recently (June 2022-February 2023) Peg and I completed a six-month judicial teaching mission sponsored by the American Bar Association, the East-West Management Institute and the United States Agency for International Development. I was sent to the country of Georgia that until 1991 had been part of the old Soviet Union. My duties were to make friends, observe, work with and give suggestions to Georgian judges based upon my more than forty years of experience as an American judge.

We had a wonderful experience with the Georgian judges and our newly-made Georgian friends. They could not have treated us any better. Everyone we met was positive about our involvement and open to suggestions. We would gladly return to Georgia whenever invited. Of course, we did note substantial differences between the Georgian culture and America’s. Georgia is bordered on the north by Russia and on the south by Turkey. Twenty percent of Georgia is militarily occupied by Russia; that is a constant worry for the Georgian people. Peg and I thought how different our lives in America are. Our northern border is Canada which we visited in 2018 and is about as good a neighbor as any country could have. And our southern border is Mexico that appears to want to join us.

What this 2023 Fourth of July birthday party has helped us to reflect upon is, no matter how much CNN, MSNBC, FOX News and many in government service complain about America and malign it, many of the alternatives are pretty scary. After seeing how some of the rest of the world has to live, I find the ’ole USA absolutely marvelous. America has faults and foibles, but as Francis Scott Key wrote, it is really wonderful, “That our flag is still there.”

Photo by Peg Redwine

Lip Service

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Marjorie Taylor Greene from Georgia and some other members of Congress took a fifteen-minute recess from regular duties to raise money for the National Republican Committee. One hundred thousand dollars was raised in a quarter of an hour when Speaker of the House Kevin McCarthy pulled out his tube of used cherry flavored Chapstick and auctioned it off. McCarthy is from California so such economic disequilibrium is not surprising to Americans who follow reports of calls for five million dollar per person reparations in San Francisco and especially when Georgia’s Greene was the winning bidder.

This impromptu fundraiser took place in the halls of Congress on Tuesday, May 23rd. Such tangential matters as the then impending default on our 31 trillion dollars national debt and the 30 billion dollars worth of military armaments we have given to Ukraine pale in significance to the issue of chapped lips. Perhaps fifteen minutes spent on funding social security or avoiding a nuclear war with Russia could be squeezed into Congress’ agenda. It is certainly impressive how the essential matter of financing political campaigns could be so quickly addressed by our politicians.

Of course, America is not the only country that pays lip service to grave matters while politicians and the news media, including newspaper columnists, concentrate on bruised lips and egos. Meghan Markle sought to bring down the British monarchy before she had even joined it by demanding to use Kate Middleton’s Clarins Natural Lip Protector during a February 28, 2018 meeting of the Royal Foundation Forum. Kate and William were shocked and Meghan and Harry were offended that Kate and William were shocked. A toppling of the throne was averted by Meghan squeezing some balm out of the tube onto her finger instead of applying it directly to her lips.

The backdrop for Meghan’s royal faux pas was the first public event to initiate the Royal Foundation Forum which was established to help fund charitable causes such as mental health needs. Naturally, the failure of British etiquette by the plebeian American received more coverage than the fund raising. Harry even saw fit to highlight it in his family confessional book, Spare.

I suppose it is too much to expect the British public to be less concerned with the battle among the royals over lip gloss than the Battle of Hastings. Nor should we be surprised if our Congress can find time to quickly fund political campaigns but not the national debt. But, Gentle Reader, wouldn’t it be refreshing and bring smiles to our faces if such topics were the fodder of columnists instead of chapped and colored lips?

Artificial Intelligence

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Congressman Ted Lieu of California has a college degree in Computer Science from Stanford University. Stanford is famous for having students whose parents went to jail for trying to buy their way into the school. There is no allegation that is why Lieu was accepted. It is assumed that unlike many college students Lieu actually went to class and learned something about computers, including Artificial Intelligence.

Lieu recently used his knowledge to have an Artificial Intelligence computer program draft a Congressional Resolution to regulate Artificial Intelligence. Surprise, the Resolution, “… [G]enerally expressed support for Congress to focus on AI.”

As wars rage in Ukraine and the Middle East and millions of people are in need of food, water and shelter across the globe, including California, Congress has seen fit to concentrate on the projected evils of TikTok and now AI. One has to wonder about the psyches of government officials who find danger and disaster behind such artificial issues while real humans are suffering from so many real man-made and natural disasters.

Putting government in control of AI is much more frightening to me than allowing private entrepreneurs to apply their imagination and genius to enhance technology. Such government regulation reminds me of those Luddites who during the Industrial Revolution sabotaged new textile machines out of fear the machines would replace the workers. What they found out was there were more good jobs created by the new technology than were replaced by it.

I imagine there were many such retrogressive thinkers a few thousand years ago when some cave man tinkerer showed his neighbors how he had fashioned a round thing to help him roll his possessions to a new cave. Probably to many of his fellow cavemen and cave women he was seen as a destroyer of local culture. But when the armies using wheeled chariots began to conquer those who still dragged things along, the round thing caught on.

Then about the 1930’s when plastics were becoming ubiquitous, people still stubbornly clung to lead pipes and bowls until the danger of lead and mercury were recognized. Now I am appalled by plastic trash littering our highways and our waterways. However, I do not hesitate to use plastic utensils and water pipes and reap the benefits from countless products fashioned from plastics. The fact that many people are too lazy to properly dispose of plastic refuse is not the fault of plastic. If we did not have the usefulness of plastic, trashy people would just toss out other products. Yes, plastic needs to be properly recycled and deposited but that is a behavioral problem, not a plastic one.

Humanity never advances by failing to go forward. We need to use AI, not fear it. I would rather Congress concentrate on real issues such as college athletes making millions from deals for Name, Image and Likeness while ticket prices are rising faster than stock market returns, or perhaps, such lingering issues as why we spend trillions on warfare as we attack poverty with heart-felt speeches.

Maybe AI will out smart us; it will not be that hard to do. But if AI is put in charge of problems we humans have not solved in 200,000 years, what is the worst that can happen? I say we might want to revisit that old observation from when computers first began to integrate our society. You remember, Gentle Reader, a team of scientists had just completed the world’s most advanced computer and they could not wait to ask it the age-old burning question, “Is there a god?” The computer with AI answered, “There is now.” I suggest we should not grovel before technology as if it were our god that might save us from ourselves, nor should we cower from it as though it might doom us to Hades. Humans can harness technology to help us do what we cannot do with just the talents nature gives. A nice place to start would be inventing nuclear batteries that need neither recharging nor replacing. Or how about a way to give used plastic an economic benefit such that people would not just dump it out their vehicle windows?

In other words, we should not look to AI to save us from ourselves nor fear it will punish us for trying. AI should be neither worshiped nor feared and it certainly should not be the victim of Congressional postering.