Saturday, July 08, 2017

What happened at the Council meeting of 7/6/17: Sanctuary city bill withdrawn, ending lifetime health care for Council members withdrawn, ban on hourly motel rental passes.



The big news of the night is that the sanctuary city bill  was withdrawn as the sponsors had previously stated they would do. If you are going to watch the meeting, you need a program. To get a copy of the agenda, the staff analysis of the agenda and my commentary on the agenda follow this link.

The opening prayer is by Mary Murphy, Chaplin of Vanderbilt hospital, and is a not too subtle advocacy of illegal immigration.  She prays that the Lord will open the eyes of the Council to see that all people are created in God's image, male or female or trans, resident or immigrant.

Only one of the three appointees to Boards and Commission were approved and that was that of Mr. John Spragens to the Beer Board. The other two were deferred one meeting and why is not stated. The Rules and Confirmation Chairman, Councilman Jim Shulman, says the nominee was approved eight in favor and one against and then says, there are only eight people on the committee and the "no" vote voted against all resolutions on the agenda and the "no" vote was by Adacus Elrod, "who is the young son of Councilman Elrod." The nominee was approved on voice vote with no recorded "no" votes.  What?  I am baffled.  Adacus Elrod is not a member of the Council.  Why is someone not on the Rules and Confirmation Committee voting in that committee. I assume this was an attempt at humor and Adacus Elrod is a very young son of Councilman Elrod and was there and verbally said "no" when the vote was called for.  I don't know, but that must be it. I have asked for an explanation.

Public Hearing
I am only making note of those bills that were disapproved by the Planning Commission or have greater impact beyond a single neighborhood or generate a lot of public comment or for some other reason are of interest to me. 

BILL NO. BL2017-701  by Karen Johnson is a bill disapproved by the Planning Commission.  It would apply an Urban Design Overlay District on 11.25 acres on Moss Springs Rd and Bluewater Trace. An Urban Design Overlay is a tool to insure that future development or redevelopment is in character with what already exist in the neighborhood and addresses such things as height of buildings and construction material and orientation of the front door and location of the garage. Since this is a disapproved bill the Planning Commission makes a presentation and explains why the bill was disapproved.  The Planning Commission spokesman explains that the proposed UDO requires design features such as building material and driveway width that are to a higher standard than that of the existing housing. As an example, the proposed UDO requires garages to be detached or "side-loading" and he says there are existing housing that has attached "front-loading" garages. To see the discussion of this bill see timestamp 10:13. The bill is approved on a voice vote. A dissaproved bill has to have 27 positive votes on third reading.

BILL NO. BL2017-704 would ban rope lighting on a property that adjoins an arterial and collector street everywhere in Davidson County except in the core of downtown Nashville. This is deferred to the public hearing in August.

BILL NO. BL2017-719  is a bill disapproved by the planning Commission. It would change from R6 to SP zoning on one piece of property. It passes on a voice vote and no one speaks on the bill.  



BILL NO. BL2017-782 is a disapproved bill that would change from CS and R6 to RM15 zoning on property located at 622 Croley Drive. No one speaks in opposition. It passes.
Resolutions. The public hearing is concluded and resolutions are taken up at timestamp 1:27:40 in the video. None of the resolutions are of particular interest. Bills on First Reading all pass by a single vote as is the norm.

Bills on Second Reading 
BILL NO. BL2017-705  would establish an incentive program for neighborhoods that are in full compliance with codes.  A neighborhood could be awarded $5000.  Under this plan, if a neighbor has an overgrown lot, codes could review the violation but not impose penalties and the neighborhood could exert pressure on the offender to come into compliance. I oppose this. I do not want to give more power to neighborhood leaders who may have been elected by only the tiny fraction of the neighborhood that showed up at a community meeting called by the association.  Neighborhood organizations have no official status and no legal authority. I don't want to give them power.  This was deferred from the May 16 Council meeting to the June 6th meeting and then deferred again to this July 6th meeting. It is deferred indefinitely at the request of the sponsor.  No money for this was included in the annual budget so if passed it would have no effect since it is not funded.

BILL NO. BL2017-706 by Scott Davis would reallocate the tax money collected from homesharing (airbnb, STRP) and create a new program. Currently Metro collects a tax on STRP and the revenue is dedicated to the Barnes Fund for Affordable Housing. This bill would create a new Metropolitan Neighborhood Improvement Fund (NIF) and direct that half of the revenue collected from STRP be directed to this fund. This NIF would be a new bureaucracy with an appointed board and various powers and a mission to improve neighborhoods.  I oppose this.  We do not need another bureaucracy. We already have various agencies to deal with the issues that this NIF would deal with.  I also do not think more agencies should operate off their own dedicated funds.  Funding priorities should be decided by the mayor and the council. This was on the agenda of the May 16th meeting and deferred to this July 6th meeting. It is deferred indefinitely.
Robert Swope watches Bob Mendes
give his speech advocating sanctuary policies.

BILL NO. BL2017-741 would require that private parking lots or garages post a sign listing the amount of any fines or penalties that may be charged by the parking facility and to post such information not only at entrances but also at each automatic pre-payment station for those with that type arrangement. Parking facilities must already post their parking fees at the entrance of the facility. This seem reasonable. It passes.

BILL NO. BL2017-743 is a companion bill to the sanctuary city bill.  This one would have
terminated a contract between Metro and the U.S. Marshal Service to house federal inmates. The bill is withdrawn but that does not keep the sponsor from making a speech touting the righteousness of his cause. See timestamp 1:41:14.

BILL NO. BL2017-790   modifies the provision of health insurance benefits for Council members after they leave office.   Currently policy allows Council members to participate in Metro's health insurance program under the same terms and conditions as are available to regular Metro employees. After leaving office, members who were participants in the health care plan are allowed to continue, provided they pay the full amount of the premium with no subsidy from Metro. However, if a Council held office for eight  years or more they are permitted to continue the health care plan, only paying an employee's portion and the balance of the insurance premium paid by Metro. This would leave unchanged this benefit for current or past council members but for new council member, this generous benefit would be reduced. Except in a few circumstances, no Council member serving after August 31,2019 would be eligible for the subsidized health care benefit after leaving office. I support this. Members of the Council should not get lifetime healthcare simply for serving in the Council. It is deferred indefinitely which most of time means it is killed.  
Bills on Third Reading
BILL NO. BL2017-611 is an anti Short Term Rental Properties bill.  Already an applicants for a STRP permit is  required to  include a statement with his application that "the applicant has confirmed that operating the proposed STRP would not violate any Home Owners Association agreement or bylaws, Condominium Agreement, Covenants, Codes and Restrictions or any other agreement governing and limiting the use of the proposed STRP property. "This would add requirement that an applicant advise "the department of codes administration of any objection or opposition to the application by any such association of which the applicant is aware." The bill is substituted and I am not sure what the substitute does. It is deferred indefinitely at the request of the sponsor but he explains why he is proposing the bill and says he hopes the bills objectives will be achieved in future legislation that a committee of the Council is developing that addresses several aspects of STRP.

BILL NO. BL2017-726   would add a requirement for the Department of Finance to maintain a written debt management policy for the metropolitan government. While revenue has been increasing to Metro, we have at the same time been increasing our debt obligations.  Our debt is manageable now, but if and when Metro's growth slows, along with insurance obligations to retirees and Metro Pension obligations, much of the budget will be untouchable and essential services will have to be cut. My view is that now is a time we should be reducing debt, not adding to debt. This bill would require Metro to have a debt policy including pension liability and establishes certain criteria for establishing the debt policy.  This alone will not bring fiscal responsibility to Metro Government; that takes courage and will, but this is a good step in the right direction. It is approved on a voice vote. I would like to point out that the sponsor is Bob Mendes who is also the prime sponsor of the sanctuary city bill. While I think the sanctuary city bill is the worst bill on the agenda, I think this is the best bill on the agenda. One can do something you strongly disagree with and then do something you strongly agree with in the same meeting. I would consider the sanctuary city bill a liberal proposal, but this a fiscally responsible conservative proposal.

BILL NO. BL2017-737 would subject "platform vehicles" in Nashville to the regulations of the Transportation Licensing Commission. This is vehicles like open deck buses are a trailer pulled behind a tractor.  This does not adopt specific regulations but would make these vehicles subject to regulations to be adopted by separate future legislation. It passes.

BILL NO. BL2017-738 would prohibit motels from marketing or renting rooms for a period of
Councilman Colby Sledge defends illegal immigration
before withdrawing the sanctuary city bill.


less than ten hours. 
In my view, why you rent the room for less than ten hours, should be no ones business. For a city so liberal  that it promotes acceptance of homosexuality among the youth of our city, this seems somewhat puritanical. It passes without discussion.

BILL NO. BL2017-739  is the sanctuary city bill and ends up being withdraw as the sponsor said he would do.  Councilmen Colby Sledge, the prime co-sponsor of the bill, takes to the floor to defend the bill prior to withdrawing it.  He says the illegal immigrants embody the principles of the July 5th holiday we just celebrated. He says we have an "us" versus "them" problem.  He chastises the  collective "we" for not defending illegal immigrants. He defends those who illegally enter this country.  I have posted numerous times about this controversial piece of legislation. To learn more about this issue, scale down and see previous postings. To see Colby Sledge's pro illegal immigration speech in which he essentially calls those who don't support illegal immigrants as bad people, see timestamp 2:04::20 to 2:08:24.

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Friday, July 07, 2017

Controversial immigration bills withdrawn; supporters vow they'll be back

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Nashville bans hourly room rentals at hotels, motels

Nashville bans hourly room rentals at hotels, motels

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Thursday, July 06, 2017

Williamson GOP Annual Summer Dinner Saturday July 15th


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1ST TUESDAY featuring Congresswoman Diane Black!


Image result for diane blackMonday, July 10th at Waller Law, 511 Union Street, Nashville 

Doors at Waller Law open at 11am, Lunch begins at 11:30. Program starts at Noon sharp with Q&A session ending promptly at 1pm. 

$20 for 2017 Members and $25 for Guests.  More info and register here
[remember: parking under building at 511 Union St is only $7 for 2 hours if you tell them you've been to 1ST TUESDAY!]

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Bastiat Society guest speaker is Comptroller Justin Wilson, July 13th.

Bastiat Society - State of the State Budget with Comptroller Wilson
 Justin P. Wilson is the 34th Comptroller of the Treasury for the state of Tennessee. He leads a staff of more than 500 employees, and sets direction for the Office's 11 divisions.

Comptroller Wilson was elected by the Tennessee General Assembly in 2009, and he is currently serving his fifth term. Comptroller Wilson has a history of public service. He served as commissioner of the Tennessee Department of Environment and Conservation and as deputy to the governor for policy under former Governor Don Sundquist. He was a member of the Financial Advisory Board of the U.S. Environmental Protection agency. He is the former chairman of the Nashville Electric Board, Davidson County Metropolitan Health Board, and the Community Health Agency of Nashville and Davidson County. He was foreman of the Davidson County Grand jury, and he has served in leadership positions for numerous Nashville business, civic, and charitable organizations.

Comptroller Wilson was also a partner in the law firm of Waller Lansden Dortch & Davis where he served on its Executive Committee. He is a graduate of Standford University, Vanderbilt University Law School, and New York University. He is an adjunct professor of law at Vanderbilt Law School. Comptroller Wilson was named Conservationist of the Year in 1997, and the Justin P. Wilson Cumberland Trail State Park is named in recognition of his "conservation and environmental contributions to the State of Tennessee." Comptroller Wilson is married to Dr. Barbara Engelhardt, and he is the father of four sons.

The meeting is at the offices of ADS Security, Nashville3001 Armory Dr #100.
Thursday, Jul 13th 6:00pm - 7:30pm. Light refreshments and socializing is 6pm to 6:30, followed by the program. 

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Tuesday, July 04, 2017

What's on the Council agenda for July 8th: banning decorative rope lighting, creating a new neighborhood bureaucracy, banning hotel room rentals for less than ten hours, and ending lifetime healthcare for former council members.

The Metro Council will meet Thursday July 6, 2017 at 6:30 PM in the Council chamber at the Metro Courthouse. Normally Council meetings are on the first and third Tuesday of the month but due to Tuesday being the 4th of July holiday, the meeting is moved to the sixth.  The most controversial item on the agenda is BILL NO. BL2017-739  that would make Nashville a sanctuary-like city. The sponsors of this legislation have publicly stated they will withdraw the bill.  I fully expect that to happen.

To watch the Council meeting, you can go to the courthouse and watch the meeting in person, or you can watch the broadcast live at Metro Nashville Network's Government TV on Nashville's Comcast Channel 3 and AT&T's U-verse 99 and it is streamed live at the Metro Nashville Network's livestream site. You can catch the meeting the next day (or the day after the next) on the Metro YouTube channel. If can stand the suspense and just wait, I will post the video here the day after or the day after that and provide commentary.

If you are going to watch the Council meeting, you need a copy of the Council agenda and the Council staff analysis or you really will not know what is going on. Without an agenda, watching the council meeting is as about as exciting as watching pint dry. With an agenda it is as exciting as waiting for water to boil. I watch the meetings and provide highlights and and commentary so you can be an informed citizen of our city and yet not have to watch the meetings. You can get the agenda and analysis at the highlighted links.

There are four appointment to Boards and Commissions on the agenda and you can expect all to be approved unanimously. The council never turns down an appointment of the mayor and does not use the process of confirming appointees as an occasion to influence policy.

Public Hearing
There is one resolution and 43 Bills on Public Hearing. Bills on Pubic Hearing are also on Second Reading. I do not even attempt to understand the pros and cons of every zoning bill and they generally bore me and are usually of interest to only the people in the immediate vicinity of the rezoning. At public hearings almost all opposition comes down to (1) concern about traffic, (2) water runoff and potential for flooding, (3) overcrowding of local schools and impact on infrastructure, and (4) detrimentally changing the character of the neighborhood. You will hear the same arguments over and over. I am only pointing out the bills that I think will have an impact beyond an immediate neighborhood or have been disapproved by the Planning Commission or for some other reason are of interest. If you are really interested in zoning issues and want to know what is permitted in different zoning districts, follow this link.

BILL NO. BL2017-701  by Karen Johnson is a bill disapproved by the Planning Commission.  It would apply an Urban Design Overlay District on 11.25 acres on Moss Springs Rd and Bluewater Trace. An Urban Design Overlay is a tool to insure that future development or redevelopment is in character with what already exist in the neighborhood and addresses such things as height  of buildings and construction material and orientation of the front door and location of the garage.

Bl2014-704 would make this illegal
BILL NO. BL2017-704 would ban rope lighting on a property that adjoins an arterial and collector street


everywhere in Davidson County except in the core of downtown Nashville.  Why?  I am not buying the argument that this lighting is a hazard to motorist. I guess this means unless you live on a side street you can't use this popular form of lighting for Christmas decorations.  Is Opryland going to have end their Christmas light extravaganza?

BILL NO. BL2017-719 by Scott Davis is a disapproved bill that would change from R6 to SP zoning  property located at 2407 Brasher Avenue.


BILL NO. BL2017-742 approves the plans for a Construction and Demolition solid waste processing facility to be located at 511 Cave Road. I have no opinion on this but am simply pointing it out because there is almost always opposition to a new or expanded landfill or other solid waste processing facility. This would be the first application requesting approval of a solid waste facility following passage of BL2016-484 which changed the procedure for approving waste facilities.
Resolutions.
There are 17 resolutions all of which are on the consent agenda. A resolution stays on the consent agenda if it passed the committees to which it was assigned unanimously. Since the committees have not met yet, some resolutions which are listed as on the consent agenda may not be on the consent agenda when the council meets. Bills on the consent agenda are usually not controversial and tend to be routine matters, such as accepting grants from the Federal or State Government or authorizing the Department of Law to settle claims against the city or appropriating money from the 4% fund. However, some atrocious memorializing resolutions have been approved from time to time on the consent agenda. Resolutions on the consent agenda are passed by a single vote of the Council rather than being considered individually. Any member of the body may have a bill pulled off of the consent agenda or have there "no" vote or abstention recorded. None on the resolutions on this agenda appear controversial.

There are 28 bills on First Reading, which are all lumped together and usually pass by a single vote without discussion. First Reading is a formality that gets a bill on the agenda. I normally do not even read bills on First Reading. 

Second Reading. Below are the bills of interest.
BILL NO. BL2017-705  would establish an incentive program for neighborhoods that are in full compliance with codes.  A neighborhood could be awarded $5000.  Under this plan, if a neighbor has an overgrown lot, codes could review the violation but not impose penalties and the neighborhood could exert pressure on the offender to come into compliance. I do not like this. I do not want to give more power to neighborhood leaders who may have been elected by a tiny fraction of the neighborhood.  Neighborhood organizations have no official status and no legal authority. I don't want to give them power.  This was deferred from the May 16 Council meeting to the June 6th meeting and then deferred again to this July 6th meeting.

BILL NO. BL2017-706 by Scott Davis would reallocate the tax money collected from homesharing (airbnb, STRP) and create a new program. Currently Metro collects a tax on STRP and the revenue is dedicated to the Barnes Fund for Affordable Housing. This bill would create a new Metropolitan Neighborhood Improvement Fund (NIF) and direct that half of the revenue collected from STRP be directed to this fund. This NIF would be a new bureaucracy with an appointed board and various powers and a mission to improve neighborhoods.  I oppose this.  We do not need another bureaucracy. We already have various agencies to deal with the issues that this NIF would deal with.  I also do not think more agencies should operate off their own dedicated funds.  Funding priorities should be decided by the mayor and the council. This was on the agenda of the May 16th meeting and deferred to this July 6th meeting.

BILL NO. BL2017-741 would require that private parking lots or garages post a sign listing the amount of any fines or penalties that may be charged by the parking facility and to post such information not only at entrances but also at each automatic pre-payment station for those with that type arrangement. Parking facilities must already post their parking fees at the entrance of the facility. This seem reasonable.

BILL NO. BL2017-743 is a companion bill to the Sanctuary City bill.  This one would have terminated a contract between Metro and the U.S. Marshal Service to house federal inmates. The sponsor has publicly stated this will be withdrawn.


BILL NO. BL2017-787 sits the special tax levy rate for the Gulch Central Business Improvement District and BILL NO. BL2017-788 sits the tax levy rate for the  Downtown Central Business Improvement District. As a result of the recent appraisal both rates are lowered so the special tax does not take in more revenue than before the reassessment.  

BILL NO. BL2017-790   modifies the provision of health insurance benefits for Council members after they leave office.   Currently policy allows Council members to participate in Metro's health insurance program under the same terms and conditions as are available to regular Metro employees. After leaving office, members who were participants in the health care plan are allowed to continue, provided they pay the full amount of the premium with no subsidy from Metro. However if a Council held office for eight  years or more they are permitted to continue the health care plan, only paying an employees portion and the balance paid by Metro. This would leave unchanged this benefit for current or past council members but for new council member, this generous benefit would be reduced. Except in a few circumstances, no Council member serving after August 31,2019 would be eligible for the subsidized health care benefit after leaving office. I support this. At the time the benefit was instituted, there were no term limit and there was little turn over in the Council so there were not many former Councilmen. Also, most council members were old men so the benefit was not going to be paid for a long time. Now with the Council having mostly new members every eight years, there are a lot of former councilmen. This may be a hard sell however.  A couple years ago a similar effort failed. This is to be deferred to the Second meeting in August.
Third Reading. Below are the bills of interest.
BILL NO. BL2017-611 is an anti Short Term Rental Properties bill.  Already an applicants for a STRP permit is  required to  include a statement with his application that"the applicant has confirmed that operating the proposed STRP would not violate any Home Owners Association agreement or bylaws, Condominium Agreement, Covenants, Codes and Restrictions or any other agreement governing and limiting the use of the proposed STRP property. " This would add requirement that an applicant advise "the department of codes administration of any objection or opposition to the application by any such association of which the applicant is aware."

BILL NO. BL2017-726   would add a requirement for the Department of Finance to maintain a written debt management policy for the metropolitan government. While revenue has been increasing to Metro, we have at the same time been increasing our debt obligations.  Our debt is manageable now, but if and when Metro's growth slows, along with insurance obligations to retirees and Metro Pension obligations, much of the budget will be untouchable and essential services will have to be cut. My view is that now is a time we should be reducing debt, not adding to debt. This bill would require Metro to have a debt policy including pension liability and establishes certain criteria for establishing the debt policy.  This alone will not bring fiscal responsibility to Metro Government; that takes courage and will, but this is a good step in the right direction. This should be approved.

BILL NO. BL2017-737 would subject "platform vehicles" in Nashville to the regulations of the Transportation Licensing Commission. This is vehicles like open deck buses are a trailer pulled behind a tractor.  This does not adopt specific regulations but would make these vehicles subject to regulations to be adopted by separate future legislation.

BILL NO. BL2017-738 would prohibit motels from marketing or renting rooms for a period of less than ten hours.  In my view, why you rent the room for less than ten hours, should be no ones business. For a city so liberal  that it promotes acceptance of homosexuality among the youth of our city, this seems somewhat puritanical.

BILL NO. BL2017-739  is the sanctuary city bill and the sponsor has publicly stated he intends to withdraw this bill. I have posted numerous times about this controversial piece of legislation. To learn more about this issue, scale down and see previous postings.

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Monday, July 03, 2017

Marsha Blackburn says Trump tweets were, "a step too far."


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Has Trump gone off the deep end?

The primary topic of Sunday's talks shows was Trump's tweet attack on Joe Scarborough and Mika Brzezinski.  If you are a news junky like me, you know who they are; if not, you probably don't.  They are the token conservative voice on the liberal MSNBC cable news channel.  Joe Scarborough, a former Republican member of congress, host the show called "Morning Joe," and Mika is his sidekick.  They have been critical of Trump from time to time and Trump lashed out at them last Thursday calling Mika "low I. Q. Mika," and Joe, "Psycho Joe."  He also said very unkind things about Mika. Here are the full tweets.

On Friday's Morning Joe, Scarborough revealed that at one point in the past he was getting calls from the President's staff saying the president was going to have a National Enquirer story critical of Scarborough published unless he called the president and apologized for critical things he has said of the President (link). That is just weird. It is certainly below the dignity of the office.

On the Sunday talk shows it was reported that when the President had a group of Senators in to discuss the pending Republican health care bill that he spend most of time ranting about Joe Scarborough and Mika Brzezinski. I cannot help but think this is not normal behavior.

The newly elected South Korean president was in Washington to meet with Trump and instead of that important meeting being a primary topic of conversation, the news was all about the Trump tweet attack on Joe and Mika. The situation of North Korea becoming a nuclear power that can threaten their neighbors and soon will be able to hit the US with nuclear weapons and what to do about it should have been a big news story.  A meeting with the President of South Korea should have been big news and the occasion for analysis and discussion but Trump was more concerned about some talk show host that spoke critically of him. His narcissistic tirade sucked all the oxygen out of the room.

I am not going to be an arm chair psychiatrist and say the President is crazy or mentally unbalance, but his behavior is plain weird. Reports are coming out of the White House that he is obsessed with what the press says about him and will often go into rants about it.  To say the least, he has a thin skin.  I always thought he lacked the temperament to be president and I think he is bearing that out.  His behavior is hurting the Republican agenda. Most of his problems are self inflicted.  If Trump would have quietly asked Comey to resign instead of humiliating him and then changing his story about why he fired him, we could have probably avoided the whole special prosecutor situation and the Russian probe would have remained an intelligence investigation of Russian meddling. Trump's own behavior escalated the issue.

Wavering Republicans are going to be less inclined to fall in line and support the president when the president is sabotaging his own agenda and weakening his office. Republicans are going to be less inclined to attempt to please the President and the President is less able to twist arms. I don't think we should impeach the President because he is an egotistical, thin-skinned, narcissistic jerk and  bully and I doubt his behavior rises to the level that make him unable to perform the duties of the office.  Unless serious wrong doing is proven, such as collusion with the Russian to steal the election (and there is no evidence to support that assertion), then we are stuck with Trump.  Being stuck with Trump does not bode well for the country, the Republican agenda or the 2018 mid-term elections.  I think we would be much better off, if Trump left office and Mike Spence became president. 

I kept hoping Trump would moderate his behavior and take the job of president more seriously and act presidential. I don't think the tiger can change it's stripes, however. Trump is who he is and we are stuck with him. He is an embarrassment. I am pleased to see that more and more Republicans are speaking out against Trump over this last incident.  Congressman Marsha Blackburn who has been a stanch supporter of the President said in a Facebook post, that his latest tweets were "a step too far" and strongly criticized the President.  It is about time Republicans speak out. Being further isolated and having fewer friends however, may make him even worse, it that is possible.  I just pray that he doesn't fly off the handle and create a war or a market collapse by some angry tweet in the middle of the night.


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VIDEO: Rep. Black Urges Tough Action on Sanctuary Cities

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