Alternative news and discussion for Scottsboro, Jackson County Alabama and the Tennessee River Valley as I see it. Responsible comments to articles welcome. As always, "Watch for Snakes," particularly those wearing suits.
JAMES MADISON QUOTE - 1822
"A popular government without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power knowledge gives."
I. Call to Order -Council President Pro-Tempore Mike Ashburn
a)Invocation
b)Pledge of Allegiance
c)Roll Call
II. Adoption of the Agenda
III.Approval of Previous
Minutes April 26, 2021
IV.Old Business: - NONE
V.New Business: **All agenda items were approved.**
1.Consider Resolution 2021-05-11: Bynum Foundation
Grant Application
2.Consider Resolution 2021-05-12: Surplus Street
Department Property
3.Consider Resolution 2021-05-13: Surplus Police
Department Property
4.Consider Seasonal Part-Time Aquatics Assistant for
the Recreation Department, budget amendment of $2550.00
5.Consider Approval of Airport Manager Job Description
6.Consider Budget Amendment for Agreed Upon Procedures
Engagement with MDA Professional Group, P.C. - Review of 2020 Audit - cost not to exceed $8,000.00
Jackson County Courthouse North Entrance, photo by G. Morgan
AGENDA
JACKSON COUNTY COMMISSION
AGENDA
CHAIRMAN BILL NANCE
MAY 10, 2021
I. CALL TO ORDER,
WELCOME –
II. CALL OF ROLL TO ESTABLISH QUORUM, PRAYER, AND PLEDGE OF
ALLEGIANCE –
III. APPROVE AGENDA OF MEETING – MAY 10, 2021
IV. AWARDS AND PRESENTATIONS –
V. PUBLIC COMMENT –
MEETING
VI. NEW BUSINESS –
PUBLIC HEARING FOR ROAD CLOSURES
**All agenda items were approved.**
a. MOTION TO APPROVE THE MINUTES FROM THE APRIL 27, 2021 MEETING AND CONTINUANCE ON MAY 3, 2021
b. MOTION TO APPROVE THE PURCHASE OF REPLACEMENT VOTING
MACHINES.
c. MOTION TO APPROVE CHAIRMAN AS SIGNATORY AT FIRST SOUTHERN
STATE BANK.
d. MOTION TO APPROVE SURPLUS AND PURCHASE OF EQUIPMENT AND
TRUCKS AT PUBLIC WORKS AS PRESENTED BY COUNTY ENGINEER.
e. MOTION TO APPROVE 2 POSITIONS AT PUBLIC WORKS FOR HMT1 POSITION
f. MOTION TO APPROVE ROAD CLOSURES AS DESCRIBED IN PUBLIC HEARING
g. COMMISSION CHAIR POINT OF CONTACT FOR ENGINEERING FIRM, WORK AT COUNTY PARK
WORK SESSION
VII. DISCUSSION ITEMS –
a) COMMISSION - 1. SMALL BUSINESS APPLICATIONS FOR TARCOG - FUNDS FOR UPGRADE OF 911 SYSTEM/FOOD BANKS FUNDING/ SMALL BUSINESSES
VIII. REPORTS FROM STAFF:
A. COUNTY ADMINISTRATOR; B. COUNTY ENGINEER ( comment on CR17); C. COUNTY ATTORNEY; D. OTHER
IX. COMMENTS FROM COMMISSION
DISTRICT 4, KEVIN MCBRIDE; DISTRICT 3, AJ BUCKNER; DISTRICT 2, JASON VENABLE; DISTRICT 1, DANNY RICH; CHAIRMAN, BILL NANCE
Note TVA CEO Jeff Lyash's comment: " . . . other nuclear power technologies should be better."
U.S DISTRICT COURT UPDATES
Side Bar - Don't fall for the "Trick Zombie."
My Thoughts - Don't count on Bellefonte Nuclear Facility being dead. The reason Nuclear Development, LLC lost their case regarding the purchase of the nuclear facility was due to the requirements to have a comprehensive Quality Assurance Plan required by law and monitored by the NRC. Cancellation of the NRC construction license opens the sale up without the restrictions of NRC oversight as required by law, as stated in the court documents. This may free up the sale of Bellefonte to Haney or another buyer without the oversight of the Nuclear Regulatory Commission (NRC). However, if nuclear construction is to be renewed the NRC licensing and oversight process would begin, and the licensing process has changed from the old process.
The opportunity exists for sustainable energy projects such as large scale solar, run of the river power generation and other hydro projects such as pumped storage generation.
UPDATE - September 2, 2021 - TVA's Notice to the Court - (1) The construction permits issued by the Nuclear Regulatory
Commission (“NRC”) for Units 1 and 2 at the Bellefonte site expire on October 1,
2021. . . (2) TVA sent a letter on August 31, 2021, requesting that the expiration date of the Bellefonte
construction permits be extended. (3) TVA intends to inform the NRC on or after September 10, 2021, that
as a result of the Court’s Final Judgment, TVA is withdrawing its request for
extension of the expiration date of those permits.
August 26, 2021 - "(1) Judgment is entered in favor of the Tennessee Valley Authority on
Counts One, Two, and Three of the Amended Complaint. (2) Purchase and Sales Agreement, judgment is entered in favor of Nuclear
Development in the amount of $22,950,000, plus prejudgment interest
at a rate of 7.5% per annum, running from December 30, 2018 to the
date of this final judgment." https://storage.courtlistener.com/recap/gov.uscourts.alnd.168540/go v.uscourts.alnd.168540.247.0_1.pdf
UPDATE - June 9, 2021 - TVA claims Nuclear Development LLC, ND, attempting to 'stick' TVA ratepayers with "Luxury Jet" and "Luxury Limousine," described as "luxury travel services" for Haney and guests travel around his home town, including locations and people not associated with legitimate business expenses. Pages 28-30 TVA vs ND, Case No.: 5:18-CV-01983-LCB, UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION https://storage.courtlistener.com/recap/gov.uscourts.alnd.168540/gov.uscourts.alnd.168540.229.0.pdf
UPDATE - JUNE 1, 2021 - March 31, 2021 Order of the UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION Case No.: 5:18-cv-1983-LCB - THE BELLEFONTE NUCLEAR POWER PLANT, UNITS 1 AND 2 Link to court document, of note are the numerous redactions depriving the public of the judiciary process relevant to the safety of the Bellefonte Nuclear Facility: https://storage.courtlistener.com/recap/gov.uscourts.alnd.168540/gov.uscourts.alnd.168540.161.0.pdf
Note Pages 51 thru 55 in this document, Referring to the loss of Quality Assurance due to cannibalization of the facility after surrender of the Construction License - quote: "[Quality Assurance] Requirements are not optional . . . 10 CFR 50.54(a), “Conditions of Licenses,” and 10 CFR 50.55(f),
“Conditions of Construction Permits,” which require that a quality
assurance program be implemented; 10 CFR Part 50, Appendix B,
which requires that all activities performed to establish, maintain, and
verify the quality of plant construction be addressed in the licensee's
quality assurance program; 10 CFR Part 50, Appendices A and B,
which require that certain quality records be retained for the life of the
plant; 10 CFR 50.55(e), which requires reporting of deficiencies in
design, construction, quality assurance, etc.; 10 CFR 50.71, which
applies to the maintenance of records; and 10 CFR Part 21, which
applies to reporting of defects and noncompliance. Those NRC
regulatory guides that endorse the ANSI N45.2 series of standards,
“Quality Assurance Requirements for Nuclear Power Plants,” also are
applicable and include Regulatory Guides 1.28, 1.37, 1.38, 1.58, 1.88,
and 1.116."
"Because the transfer of the Bellefonte site without NRC approval would have
been unlawful under Section 101 of the Atomic Energy Act, the closing condition
set forth in Section 6(a)(v) was not satisfied, and Nuclear Development’s motion for
summary judgment is denied."
It is of interest to note in the latest filing on April 7, 2021 by Nuclear Development LLC (ND) maintains the Court Erred, of course they do. It appears ND is grasping for elusive straws.
UPDATE: NOTE ITEM 51 at this link regarding Quality Assurance. TVA can't satisfy Quality Assurance as the nuclear reactor under construction had it's construction license terminated per request of the owner, TVA. All Quality Assurance ceased when Units 1 & 2 were stripped and cannibalized of critical parts and systems with large holes cut into the facilities to remove components as described in ITEMs 3 thru 8, describing parts removed and the non-operable condition of the plant. Thus, ITEM 51 is misleading and not accurate as Quality Assurance was terminated and cannot be satisfied in accordance with law and regulatory purpose during the period of the termination of the NRC license to construct, 2005 thru 2007.
Quote (pg14): ". . . licensure and operation of TVA’s Bellefonte Units 1 and 2 pose a grave risk to public health and safety without an entirely new construction permitting process, Quality Assurance Program, and environmental data analysis. . . "
NRC Senior Project Manager Joseph Williams
also identified these very same broad quality assurance weaknesses in reinstating the
construction permits for Bellefonte Units 1 and 2. In his analysis Williams said, ". . . it is apparent that
the facility has not been preserved in the same state it was when
the construction permits were terminated. As noted, these activities
were not conducted in a manner consistent with NRC regulations."
Published accounts show that members of TVA’s own staff questioned
the foolishness of stripping the Bellefonte Units of their valuable nuclear
components and leaving the plant open to natural environmental degradation. Quote Regarding the Bellefonte Nuclear Plant Cannibalization: "Dr. Bob Doggart, a former senior engineering specialist at TVA who now serves as the managing lead assessor for the British Institute of Nondestructive Testing LLC said. “To allow outsiders to come in and remove key equipment for virtually nothing was unbelievably foolish.” Chattanooga Times Free Press on March 29, 2009"
In summary - Mr. Gunderson, a nuclear engineer and former nuclear power executive, describes 21 important points in his sworn testimony of why the Bellefonte Nuclear Facility construction permit is faulty and problematic as to violations of law and policy regarding construction and operations of the Bellefonte Nuclear facility, pages 2-14 in the report linked above, which includes testimony of the NRC own experts revealing critical faults regarding Bellefonte Nuclear Operations.
VIDEO HIGHLIGHTING THE EXPERT TESTIMONY TO THE NRC, NUCLEAR REGULATORY COMMISSION, REGARDING THE FAILURES OF LAW, REGULATION AND POLICY WHICH CREATES A THREAT TO THE HEALTH AND SAFETY OF CITIZENS IN JACKSON COUNTY ALABAMA AND THE TRISTATE AREA.
TROUBLE AT BELLEFONTE - POLITICS AND UNSCROUPOLUS, CORRUPT FINANCIAL PRACTICES IN THE ATTEMPT TO UNLAWFULLY INFLUENCE THE ISSUE OF NUCLEAR LICENSING OF BELLEFONTE
UPDATE - July 18, 2022 - U.S. DISTRICT COURT DECISION
1. TVA’s Motion to Vacate the Order holding the Parties to their Joint
Stipulations (Doc. 250) is Granted;
2. TVA’s Motion to Alter or Amend the Final Judgment (Doc. 254) is Granted
3. Nuclear Development’s Motion for New Trial (Doc. 260) is Denied
4. Nuclear Development’s Motion to Alter / Amend (Doc. 259) is Denied.
5. An Amended Final Judgment reflecting the correct pre– and post– judgment
interest rates will be entered contemporaneously with this Order.
DONE and ORDERED July 18, 2022. LILES C. BURKE
UNITED STATES DISTRICT JUDGE
In addition, July 18, 2022 the TVA's rate of interest regarding the "Earnest Money" was amended to 6%.
To Summarize: Shortcuts, corrupt practices, human reliability failures in violation of law and policy regarding construction, transfer of licenses, and operations at the Bellefonte Nuclear Facility "pose a grave risk to public health and safety."
Latest Update on TVA's Bellefonte Nuclear Boondoggle
Former Commission Chair Tim Guffey, resigned in December 2020 (photo by G. Morgan)
A study of history reveals the coverup of public corruption and/or criminal activity is often worse than the original corrupt or criminal act. When the Jackson County Commission received this official report they had a responsibility to report this to the public, the citizens of Jackson County Alabama, they failed to do so. The report was released officially via the Alabama Department of Public Examiners Friday, April 30, 2021, 5 days ago. Poor judgement on the part of the commissioners in this case is not a criminal act, it certainly is a consideration for the voters of Jackson County come time for reelection
APRIL 30, 2021 - ALABAMA DEPARTMENT OF PUBLIC EXAMINERS SPECIAL REPORT REGARDING NONCOMPLIANCE WITH POLICY AND LAW, MISUSE OF PUBLIC FUNDS VIA ISSUED COUNTY CREDIT CARD INVOLVING THE FORMER JACKSON COUNTY COMMISSION CHAIR, TIM GUFFEY.
SUMMARY
April 30, 2021 - Quote from the Department of Public Examiners:
“Official demand was made on the former Chairman requesting payments totaling
$3,918.11."
The former Chairman failed to appear at a meeting before
the Chief Examiner and show just cause why the amounts should not be repaid; therefore,
relief is accordingly denied as evidenced by the Order of the Chief Examiner contained in
this report. After the Order of the Chief Examiner was issued, the charges were repaid in
full. Alabama Department of Public Examiners Report - 21-236 - 04/30/2021 - Jackson
County Commission-Special - County Audit - 08/24/2018 to 12/04/2020 LINK TO AUDIT: https://examiners.alabama.gov/PDFLink.aspx?IDReport=6098
21-236 A - Department of Examiners of Public Accounts
SUMMARY
Special Report on the Jackson County Commission August 24, 2018 through December 4, 2020
The Jackson County Commission (the “Commission”) is
governed by a five-member body elected by the citizens of Jackson County. The members
and administrative personnel in charge of governance of the Commission are listed on
Exhibit 1. The Commission is the governmental agency that provides general administration,
public safety, construction and maintenance of county roads and bridges, sanitation
services, and health and welfare services to the citizens of Jackson County.
This report presents the results of a special examination
of the Jackson County Commission and a review of compliance with applicable laws and
regulations in accordance with the requirements of the Department of Examiners of Public
Accounts under the authority of the Code of Alabama 1975, Section 41-5A-12. We performed an
examination of credit card transactions and other expenditures made by the
Commission to determine whether inappropriate use of public funds occurred.
FINDINGS
Instances of noncompliance with state and local laws and
regulations and other matters were found during the examination, as shown on the Schedule of
Findings and they are summarized below.
♦ 2021-001 relates to the former
Commission Chairman’s noncompliance with requirements prescribed by the Chief Examiner of Public Accounts and
the county’s travel policy regarding credit card usage and documentation of credit
card charges.
♦ 2021-002 relates to the former
Commission Chairman’s failure to provide an adequate reason for mileage claimed for travel.
21-236 B - CHARGES AGAINST OFFICIAL
As reflected on Exhibit 2, the charges against the former
Commission Chairman resulted from noncompliance with requirements prescribed by the Chief
Examiner of Public Accounts and the county’s travel policy related to credit card usage
and documentation of credit card charges, as well as the failure to provide an adequate
reason for mileage claimed for travel. Official demand was made on the former Chairman
requesting payments totaling $3,918.11.
The former Chairman failed to appear at a meeting before
the Chief Examiner and show just cause why the amounts should not be repaid; therefore,
relief is accordingly denied as evidenced by the Order of the Chief Examiner contained in
this report. After the Order of the Chief Examiner was issued, the charges were repaid in
full.
EXIT CONFERENCE
The Commission members and administrative personnel, as
reflected on Exhibit 1, were invited to discuss the results of this report at an
exit conference held via teleconference. Individuals in attendance were: Commissioners: Danny Rich
and Jason Venable; and Bob Manning, County Administrator. Also, in attendance
was a representative from the Department of Examiners of Public Accounts: Dixie
Broadwater, Special Projects Manager. The results of this report were also discussed
individually via telephone with the former Commission Chairman, Tim Guffey.
May 5, 2021 - "Guffey Affair" - Fair Use Copy of Jackson County Commission Acting Chair Person Jason Venable Video
Mr. Venable does not accurately portray the
seriousness of this event in his statement, Clarion's Facebook link above, and all that
surrounds Guffey's resignation. Quote from the Chief Examiner in the audit
report: "Instances of noncompliance with state and local laws. . ."
The near $4000 of credit card abuse may have been repaid; who repaid the tax
payers of the county for the auditors cost ($5,000-$10,000 maybe more), who has
repaid the county for Guffey setting at home doing nothing for 4 months, December
2020 thru April 2021, at tax payers expense, approximately $19,000, per
commission approval, for his alleged illegal and unethical behavior regarding
sexual harassment and creation of a hostile work environment, including alleged
criminal behavior investigated by state law enforcement investigators? What is
the outcome of that investigation? What
type of actions is the county taking to insure sexual discrimination and
creation of a hostile work environment will not reoccur?
COMMISSION ATTEMPTS TO LIMIT AND CENSOR SPEECH RELATED TO THE GUFFEY AFFAIR AND ACTING CHAIR JASON VENABLE'S VIDEO OF SPECIAL REPORT AUDIT
Photo capture on Jackson County Commissions Facebook site by G. Morgan. Identifying names removed. (Click on image to expand.)
Jackson County Commission attempts to limit and censor citizen speech relating to Commissioner Venable's questionable comments, discussed below, via a video he posted on the Jackson County Commission's Facebook site regarding the recent State of Alabama Department of Public Examiners Audit disclosure of former Commission Chair Guffey's misuse of county funds.
Unfortunately, the Jackson County Commission has placed this notice to the video posting of Mr. Venable on the Commission's Facebook Page, quote: ->"JACKSON COUNTY COMMISSION LIMITED WHO CAN COMMENT ON THIS POST." <-
Commissioners, you are the stewards of the citizens of Jackson County Alabama. You have no right to limit the comments or censor speech from one or more citizens, unless it is a threat or violates law. Your page on Facebook is the Public Square and a Public Forum of the government entity.
The citizenry, whom you work for have every right to express their discontent or dissent with your actions. Including those actions when placed on a public forum, such as the Jackson County Commission's Facebook site. The limitation of speech regarding your actions are directly violating the Constitution of the State of Alabama, and your oath of office.
Quote: "Alabama Constitution - SECTION 4
Freedom of speech and press.
That no law shall ever be passed to curtail or restrain the liberty of speech or of the press; and any person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty."
UPDATE MAY 4, 2021 - Swearing In Ceremony of Commission Chair, Willie B Nance, Jr., Major General, U.S. Army, Retired, Mrs. Johnnie Nance Holds Bible, Presiding Circuit Court Judge, The Honorable John Graham Administers the Oath of Office. (photo by G. Morgan)
VIDEO OF CEREMONY
PHOTOGRAPHS OF CEREMONY
MG.(Retired) Willie B. Nance Jr., Jackson County Commission Chair (photo by G. Morgan)
Left to Right - Commissioner. McBride, Commission Chair Nance, Commissioner/Former Acting Chair Venable, Commissioner McBride (photo by G. Morgan)
Commission Chair Nance, Mrs. Nance and Judge Graham (photo by G. Morgan)
Alabama Governor Kay Ivey appointed MG Nance yesterday, May 3, 2021, Governors appointment letter is contained within the WAFF TV link below.
Outgoing Acting Chair Jason Venable received many praises for a job well done during a difficult time. (photo by G. Morgan)
Jackson County Courthouse North Entrance, photo by G. Morgan
Alabama Governor Kay Ivey appointed Retired Major General Willie Nance, Jr. to serve as the Jackson County Commission Chair. The Swearing-In Ceremony will occur at the Jackson County Courthouse, Courtroom 1, at 12 noon May 4, 2021
Attribution Source - Jackson County Commission, Fair Use for Non-Profit News and Commentary
Regarding Guffey Affair and allegations by Jackson County Employee source stating knowledge of events. Reference April 27, 2021 posting this blog linked above, "Guffey Affair." - May, 3, 2021 - Interviews with Commissioner Buckner and Commissioner Rich separately. - Both Commissioners emphatically deny that any meeting occurred in secret or otherwise, with them participating, regarding decision making to remove any information, evidence, etc. regarding video or photographs of female persons which may have been allegedly photographed or downloaded by former Commission Chair Guffey contained on Jackson County data systems or computer systems.
Discussion with former Acting Chair Venable today, May 4, 2021: Commissioner Venable state he welcomed any law enforcement investigation. Any information which was discovered was turned over to the appropriate law enforcement agency via the county attorney. Commissioner Venable further stated, paraphrased: "There was no wrong doing on my part, I always acted within the law."
MORE ON GUFFEY AFFAIR
PUBLIC EXAMINERS REPORT
(Guffey's corrupt intent apparent.)
The former Chairman failed to appear at a meeting before the Chief Examiner and show just cause why the amounts should not be repaid; therefore, relief is accordingly denied as evidenced by the Order of the Chief Examiner contained in this report. After the Order of the Chief Examiner was issued, the charges were repaid in full. Alabama Department of Public Examiners Report - 21-236 - 04/30/2021 - Jackson County Commission-Special - County Audit - 08/24/2018 to 12/04/2020 LINK TO AUDIT: https://examiners.alabama.gov/PDFLink.aspx?IDReport=6098
Facebook has permanently suspended my account, CENSORED, for telling the truth about Donald Trump's criminal history and disclosing facts about racial discrimination in Scottsboro and our nation. Garry Morgan : 03/15/2025
Copyright Info
All Rights Reserved for writings, video, photographs and art by Garry L. Morgan.
U.S. Copyright Office Fair Use Rule: "Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, nonprofit educational purposes and research. Link: http://www.copyright.gov/fls/fl102.html
Total "In the Boro" Pageviews
Scottsboro Police Department Web Site
""The police are the public, the public are the police. The police are the only members of the public who are paid to give full time attention to duties that are incumbent on every citizen in the interest to community welfare and existence." - Sir Robert Peel, 1829 https://www.scottsboropd.org/
The Sunlight Foundation uses cutting-edge technology and ideas to make government transparent and accountable. Click on image to learn more.
THE FEDERAL BUREAUCRACY
"I can say with confidence that the federal government needs a major overhaul. Don’t get me wrong, most public servants in government are highly educated and dedicated professionals who are committed to “the greater good.” At the same time, the government has become a bloated bureaucracy that is based on past conditions and in too many cases, federal programs and policies can’t demonstrate that they are generating real results that benefit the American people."
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David Walker President and CEO The Peter G. Peterson Foundation http://www.pgpf.org/ ; former, recently served for 10 years, Comptroller General of the United States and head of the U.S. Government Accountability Office (GAO).
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NPR's story on David Walker: http://www.npr.org/templates/story/story.php?storyId=124460237
"public intelligence"
"What is Public Intelligence? Public Intelligence is an international, collaborative research project aimed at aggregating the collective work of independent researchers around the globe who wish to defend the public’s right to access information." http://publicintelligence.net/
A Nuclear Engineer's Report on the Bellefonte Nuclear Plant
Danger Zone: Aging Nuclear Reactors
Incident at Browns Ferry (PBS 1977)
History of nuclear power safety issues which the 1975 Browns Ferry Nuclear Plant fire brought forward. This video has been censored by the nuclear industry. The trillion dollar multinational nuclear death industry prefers to keep you the citizen in the dark and feed you crap.
Renaissance artists including Michelangelo, Sandro Botticelli, Pietro Perugino, Pinturicchio and others. Click on image for a tour. Left click & hold mouse to move image.
Bellefonte Efficiency and Sustainability Team/Mothers Against Tennessee River Radiation http://www.matrr.org/
"TVA at the Crossroads" a SACE Film.
"America is at an energy crossroads and the Tennessee Valley Authority has a choice to make: Will it cling to old coal power because of its historic significance or will it retire its oldest, dirtiest and least efficient plants and lead America into a clean energy future?" TVA At The Crossroads from SACE.
****************************I'm GARRY MORGAN, a Christian, U.S. Army (AMEDD) retired, Race Relations/Equal Opportunity Specialist (U.S.Army, Retired DOD-DRRI-DEOMI) a citizen of Scottsboro Alabama, a Baylor University grad-Go Bears, a political activist and a political Independent as I believe political parties divide the citizenry whom they are suppose to represent. We must learn the lessons of our history or we will surely repeat our mistakes. I think the greatest problem facing our nation is the massive national and personal debt.
