Obama’s Betrayal of His Oath of Office — Traitorous Terrorist Treaty — Iranians Inspect Their Own Military Installations Building Nuclear Weapons –Obama Legacy Is A Sellout of The American People And Unconditional Surrender To Iran’s Demands — Not A Joke — Treason! — Not Trust, Not Verification — Obama Lied And Americans Will Die — Videos

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Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 518: August 20, 2015  

Pronk Pops Show 517: August 19, 2015 

Pronk Pops Show 516: August 18, 2015

Pronk Pops Show 515: August 17, 2015

Pronk Pops Show 514: August 14, 2015

Pronk Pops Show 513: August 13, 2015

Pronk Pops Show 512: August 12, 2015

Pronk Pops Show 511: August 11, 2015

Pronk Pops Show 510: August 10, 2015

Pronk Pops Show 509: July 24, 2015

Pronk Pops Show 508: July 20, 2015

Pronk Pops Show 507: July 17, 2015

Pronk Pops Show 506: July 16, 2015

Pronk Pops Show 505: July 15, 2015

Pronk Pops Show 504: July 14, 2015

Pronk Pops Show 503: July 13, 2015

Pronk Pops Show 502: July 10, 2015

Pronk Pops Show 501: July 9, 2015

Pronk Pops Show 500: July 8, 2015

Pronk Pops Show 499: July 6, 2015

Pronk Pops Show 498: July 2, 2015

Pronk Pops Show 497: July 1, 2015

Pronk Pops Show 496: June 30, 2015

Pronk Pops Show 495: June 29, 2015

Pronk Pops Show 494: June 26, 2015

Pronk Pops Show 493: June 25, 2015

Pronk Pops Show 492: June 24, 2015

Pronk Pops Show 491: June 23, 2015

Pronk Pops Show 490: June 22, 2015

Pronk Pops Show 489: June 19, 2015

Pronk Pops Show 488: June 18, 2015

Pronk Pops Show 487: June 17, 2015

Pronk Pops Show 486; June 16, 2015

Pronk Pops Show 485: June 15, 2015

Pronk Pops Show 484: June 12, 2015

Pronk Pops Show 483: June 11, 2015

Pronk Pops Show 482; June 10, 2015

Pronk Pops Show 481: June 9, 2015

Pronk Pops Show 480: June 8, 2015

Pronk Pops Show 479: June 5, 2015

Pronk Pops Show 478: June 4, 2015

Pronk Pops Show 477: June 3, 2015

Pronk Pops Show 476: June 2, 2015

Pronk Pops Show 475: June 1, 2015

Pronk Pops Show 474; May 29, 2015

Pronk Pops Show 473: May 28, 2015

Pronk Pops Show 472: May 27, 2015

Pronk Pops Show 471: May 26, 2015

Pronk Pops Show 470: May 22, 2015

Pronk Pops Show 469: May 21, 2015

Pronk Pops Show 468: May 20, 2015

Pronk Pops Show 467: May 19, 2015

Pronk Pops Show 466: May 18, 2015

Pronk Pops Show 465: May 15, 2015

Pronk Pops Show 464; May 14, 2015

Pronk Pops Show 463; May 13, 2015

Pronk Pops Show 462: May 8, 2015

Pronk Pops Show 461: May 7, 2015

Pronk Pops Show 460; May 6, 2015

Pronk Pops Show 459: May 4, 2015

Pronk Pops Show 458: May 1, 2015

Story 1: Obama’s Betrayal of His Oath of Office — Traitorous Terrorist Treaty — Iranians Inspect Their Own Military Installations Building Nuclear Weapons –Obama Legacy Is A Sellout of The American People And Unconditional Surrender To Iran’s Demands — Not A Joke — Treason! — Not Trust, Not Verification — Obama Lied And Americans Will Die — Videos

The President… shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur….

ARTICLE II, SECTION 2, CLAUSE 2

“International inspections should be done by international inspectors. Period.”

House Foreign Affairs Committee Chairman Ed Royce

“Trusting Iran to inspect its own nuclear site and report to the U.N. in an open and transparent way is remarkably naive and incredibly reckless. This revelation only reinforces the deep-seated concerns the American people have about the agreement.”

~John Cornyn of Texas, the second-ranking Republican senator

“President Obama boasts his deal includes ‘unprecedented verification.’ He claims it’s not built on trust. But the administration’s briefings on these side deals have been totally insufficient – and it still isn’t clear whether anyone at the White House has seen the final documents.”

~House Speaker John Boehner

iaea-logo

a-map-of-irans-nuclear-facilitiemap of iran nuclear facilities

Iran Secret Deal “Self Inspection” 

Krauthammer: Iran Self-Inspecting Nuclear Facility Is ‘Scandalous, Farcical’

Megyn Kelly – Amb. Ron Dermer responds to Donald Trump’s Iran strategy

Side Deal Allows Iran To Conduct Its Own Nuclear Inspections

Iran Nuclear Side Deal – Iran Can Conduct Its Own Nuclear Inspections

IAEA: Iran has to allow inspection of country’s military sites

The Iran nuclear deal. Good deal or bad deal?

The Iran Nuclear Deal

MM160 – Iran Side-Deal Exposed

CBN NewsWatch: August 20, 2015

CNBC: Inspections program for Iran nuclear activity ‘a whole lot of bunk’

White House ‘Confident’ IAEA Can Investigate Iran

President Obama: Iran deal not built on trust, but verification

2015 – CNN World News – Obama On Iran Nuclear Deal – Full Speech

Larry Elder Interviews Michael Ledeen

Top three consequences of the Iran nuclear deal

Malzberg | Patrick J. Buchanan weighs in on the Iran Deal

FDD Freedom Scholar Michael Ledeen comments on Iran and radical Islamist ideology.

NETANYAHU on IRAN NUCLEAR DEAL – “One of the Darkest Days in World History”

Malzberg | Dr. Michael Ledeen: “Obama is on Iran’s side”

Michael Ledeen: Bring Down the Iranian Regime

Federal Prosecutor: Obama’s Iran Nuke Deal Clearly Treason

In a interview with Frank Gaffney, Former Federal Prosecutor Andy McCarthy lays out why the Iran nuclear deal put forth by the Obama administration is clearly a act of treason against the United States.

General: Obama’s Iran Deal Is ‘A Treasonous Act Under The Constitution’

Major General Paul Vallely (Ret.) blasted Obama’s nuclear deal with Iran while being interviewed by Alan Colmes on Fox News. The General stated that Obama, Kerry and the State Department are ‘aiding and abetting an enemy of the United States’ and is ‘a treasonous act under the constitution’ in his opinion.

Secret Side Deal “Iran, IAEA Deal” ?

Iran’s parliament upholds ban for IAEA to access military sites, scientists ‘at will’

Iran’s Supreme Leader refuses access to military sites and scientists

Iran’s Guardian Council ratifies bill banning inspection of military sites

Top commander: Iran never to allow foreigners to inspect military sites

Amid nuke talks, Ayatollah says ‘death to America’

IAEA: Iran has to allow inspection of country’s military sites

McConnell Calls for Senate Passage of Iran Nuclear Agreement Review Act

US Republican-led Senate passes Iran Nuclear Agreement Review Act

Mark Levin: “Obama Has Now Planted The Seeds Of World War III” With Iran Deal

Mark Levin: Senate passed the Iran Nuclear Agreement Review Act 98 to 1 (audio from 05-07-2015)

Incredible! New George S Patton speech! Iran & modern warfare

AP Exclusive: UN to let Iran inspect alleged nuke work site

The day after a devastating take-down of the Iran deal from Sen. Bob Menendez (D-N.J.), the Associated Press reports:

Iran, in an unusual arrangement, will be allowed to use its own experts to inspect a site it allegedly used to develop nuclear arms under a secret agreement with the U.N. agency that normally carries out such work, according to a document seen by The Associated Press.

The revelation is sure to roil American and Israeli critics of the main Iran deal signed by the U.S., Iran and five world powers in July. Those critics have complained that the deal is built on trust of the Iranians, a claim the U.S. has denied.

It surely will. “This establishes the exact precedent that Iran always sought and repeatedly claimed: IAEA weapons inspectors will never get physical access into any military sites,” says sanctions expert Mark Dubowitz in an email. “That the Obama administration agreed to Iranian self-inspections tells you everything you need to know about how far it caved on the essential elements of a verifiable and enforceable nuclear agreement.”

The inspection regime and dispute resolution system was already riddled with loopholes that Iran will exploit. But with this there is not even the pretense that there is a viable inspection process. With self-inspection comes the open door for Iran to cheat with impunity. The AP report continues:

The Parchin deal is a separate, side agreement worked out between the IAEA and Iran. The United States and the five other world powers that signed the Iran nuclear deal were not party to this agreement but were briefed on it by the IAEA and endorsed it as part of the larger package. Without divulging its contents, the Obama administration has described the document as nothing more than a routine technical arrangement between Iran and the U.N.’s International Atomic Energy Agency on the particulars of inspecting the site.

Ironically, Menendez’s speech is more true in the wake of the AP report than it was when he delivered it:

For well over a decade, the world has been concerned about the secret weaponization efforts Iran conducted at the military base called Parchin. The goal that we have long sought, along with the international community, is to know what Iran accomplished at Parchin — not necessarily to get Iran to declare culpability — but to determine how far along they were in their nuclear weaponization program so that we know what signatures to look for in the future. . . .

With so much at stake, the IAEA — after waiting over ten years to inspect Parchin, speak to Iranian nuclear scientists, and review additional materials and documents — are now told they will not have direct access to Parchin.  The list of scientists the P5+1 wanted the IAEA to interview were rejected outright by Iran, and they are now given three months to do all of their review and analysis before they must deliver a report in December of this year.  How the inspections and soil and other samples are to be collected are outlined in two secret agreements that the U.S. Congress is not privy to.  The answer as to why we cannot see those documents, is because they have a confidentiality agreement between the IAEA and Iran, which they say ‘is customary,’ but this issue is anything but customary.

“If Iran can violate its obligations for more than a decade, it can’t then be allowed to avail themselves of the same provisions and protections they violated in the first place.  We have to ask:  Why would our negotiators decide to negotiate access to other IAEA documents, but not these documents?  Maybe the reason, as some members of Congress and public reports have raised, is because it will be the Iranians and not the IAEA performing the tests and providing the samples to be analyzed, which would be the equivalent of having an athlete accused of using performance enhancing drugs submit an unsupervised urine sample to the appropriate authority.  Chain of custody doesn’t matter when the evidence given to you is prepared by the perpetrator.

Maybe this is why we did not get a look at the side deal. If Iran is going to inspect itself anyway it hardly matters if we know about PMD’s or how many days inspectors must wait.

Tellingly, according to Huffington Post reporter Sam Stein, the White House put out a weak-kneed statement saying it was “confident in the agency’s technical plans” and insisted if the IAEA was happy, it was happy. According to the Washington Free Beacon, Iran threatened an IAEA official if he revealed the nature of the side deals. No wonder.

It is hard to argue that the contents of the deal amount to anything approaching the stated aim of preventing Iran from going nuclear. Obama frankly wanted a document so badly he literally did not care what was in it, or at least what was in the critical side deal. The deal is an utter farce. Democrats who have not declared their intentions to date will be hard-pressed to justify supporting it.

UPDATE: Sen. Bob Corker (R-Tenn.), chairman of the Foreign Relations Committee, tells me, “This type of unorthodox agreement has never been done before by the IAEA and speaks to the great lengths our negotiators took to accommodate the Ayatollah despite repeated assurances from the administration that this deal is not based on trust.” House Speaker John Boehner put out a statement, which reads, “The Obama administration has a lot of explaining to do. Why haven’t these secret side agreements been provided to Congress and the American people for review? Why should Iran be trusted to carry out its own nuclear inspections at a military site it tried to hide from the world? How does this not set a precedent for future inspections at suspicious military sites in Iran?” He continued, “President Obama boasts his deal includes ‘unprecedented verification.’ He claims it’s not built on trust. But the administration’s briefings on these side deals have been totally insufficient – and it still isn’t clear whether anyone at the White House has seen the final documents. The American people and their representatives in Congress have serious questions about whether this nuclear agreement will keep our country safe, and it’s time for this administration to provide honest answers.”

https://www.washingtonpost.com/blogs/right-turn/wp/2015/08/19/the-latest-iran-revelation-is-utterly-humiliating/

The Pronk Pops Show Podcasts Portfolio

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The Mass Extinction of The Iran Nuclear Weapons Program — There Time Is Up — Celebrate Independence Day, July 4, 2015 With A Joint United States and Israel Air Strike Destroying All of Iran’s Nuclear Weapons Related Capability — All We Are Asking Is Give Bombing A Chance — Just Do It! — Corker Bill Is An April Fool’s Joke Or Corker Con Job On The American People — Shame On The US Senate Trashing The Treaty Clause of U.S. Constitution — Vote The Republican Traitors Including Bob Corker Out of Office! — Profiles in Deceit — Videos

Posted on April 21, 2015. Filed under: American History, Articles, Blogroll, Bomb, Business, Central Intelligence Agency (CIA), Communications, Constitution, Corruption, Crime, Dirty Bomb, Drones, Energy, Federal Government, Foreign Policy, Freedom, Friends, government, government spending, history, Law, liberty, Life, Links, Literacy, media, Missiles, National Security Agency (NSA_, Natural Gas, Nuclear, Nuclear Power, Nuclear Proliferation, Oil, People, Philosophy, Photos, Politics, Press, Rants, Raves, Religious, Security, Space, Speech, Strategy, Talk Radio, Technology, Terrorism, Video, War, Wealth, Weapons, Weapons of Mass Destruction, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 450: April 21, 2015

Pronk Pops Show 449: April 20, 2015

Pronk Pops Show 448: April 17, 2015

Pronk Pops Show 447: April 16, 2015

Pronk Pops Show 446: April 15, 2015

Pronk Pops Show 445: April 14, 2015

Pronk Pops Show 444: April 13, 2015

Pronk Pops Show 443: April 9, 2015

Pronk Pops Show 442: April 8, 2015

Pronk Pops Show 441: April 6, 2015

Pronk Pops Show 440: April 2, 2015

Pronk Pops Show 439: April 1, 2015

Pronk Pops Show 438: March 31, 2015

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Story 1: The Mass Extinction of The Iran Nuclear Weapons Program — There Time Is Up — Celebrate Independence Day, July 4, 2015 With A Joint United States and Israel Air Strike Destroying All of Iran’s Nuclear Weapons Related Capability — All We Are Asking Is Give Bombing A Chance — Just Do It! — Corker Bill Is An April Fool’s Joke Or Corker Con Job On The American People — Shame On The US Senate Trashing The Treaty Clause of U.S. Constitution — Vote The Republican Traitors Including Bob Corker Out of Office! — Profiles in Deceit — Videos

Give Peace a Chance – John Lennon & Plastic Ono Band [Original video]

Former Amb. Bolton: ‘Momentum Is On Iran’s Side’

Obama Says He’ll Walk Away From Deal If Iran Can Make A Nuclear Bomb

28 Times Obama Said He’d Prevent Iran from Getting a Nuclear Weapon | SUPERcuts! #184

October 15 2014 Breaking News What is Obama position on Israel and a Nuclear Iran?

Bill O’Reilly Bob Corker On Humiliating Obama On Iran Deal Senate Vote

US Senate Panel Approves Legislation on Nuclear Deal With Iran

Michele Bachmann: Confronting President Obama

Michele Bachmann asked Obama to Bomb Iranian Nuclear Facilities and he Laughed

Iran 2-3 Weeks Away From Nuclear Bomb Capability, Says Fmr Head Of U.N. Nuclear Watchdog

US to Israel: We are Prepared to Attack Iran

USA will not support Israel if they attack Iran

Israeli PM claims Iran 6 weeks away from building nuclear weapon

The Corker Bill Isn’t a Victory — It’s a Constitutional Perversion

by ANDREW C. MCCARTHY

As the Framers knew, we are unlikely to outgrow human nature. So what happens when we decide we’ve outgrown a Constitution designed to protect us from human nature’s foibles?

The question arises, yet again, thanks to Senator Bob Corker. The Tennessee Republican, chairman of the Foreign Relations Committee, is author — along with Robert Menendez (D., N.J.) and Lindsey Graham (R., S.C.) — of a ballyhooed bipartisan bill that is being touted as the derailment of President Obama’s plan to trample congressional prerogatives en route to a calamitous “deal” that will facilitate jihadist Iran’s nuclear-weapons ambitions. (I use scare-quotes because the so-called deal is still a work in regress.)

So guess who now supports this stalwart congressional resistance to our imperial president? Why none other than . . . yes . . . Barack Obama! You think maybe, just maybe, the Corker bill isn’t quite what it’s cracked up to be? You’d be right. When you read the legislation, it becomes apparent that Senator Corker is simply channeling his inner Mitch McConnell.

Back in 2011, the Senate’s then-minority leader was flummoxed by the national debt. No, not by its enormous size. Afraid of being lambasted by the media for slowing the gravy train, he wanted to help Obama raise the debt by many additional trillions of dollars; but equally fearing the wrath of those who’d elected him precisely to slow the gravy train, he wanted to appear as a staunch opponent of such profligacy.

Senator McConnell’s problem was that meddlesome Constitution. On the theory that government borrowing and spending are best controlled by the elected officials most directly accountable to the taxpayers who foot the bill, the Constitution gives Congress, not the president, ultimate power over the debt.

This is inconsistent, of course, with a scheme to impose more crushing debt on the country without being held accountable for it. Consequently, the Constitution was thrown overboard.

McConnell and other GOP leaders hatched a plan under which Obama would appear to raise the debt unilaterally. Congress could then respond with a “resolution of disapproval.” As McConnell knew, either Democrats would defeat the resolution or Obama would veto it. That was $4 trillion ago. McConnell’s chicanery gave big-spending Republicans a windfall: They succeeded in extending our tapped-out country’s credit line but still managed to vote against the extension — i.e., they could tell the voters back home that they opposed something that actually could not have happened without their support.

American taxpayers did not fare quite as well. We are now on the hook for $18 trillion, soon to be several trillion more. If, as is inevitable, interest rates begin to approach modest historical norms, the government’s budget will be consumed by debt service. Our nation, having taken on lavish obligations of social welfare and global defense, will face a crisis that is at least transformative, if not existential.

A nuclear Iran would be a threat that is similarly transformative. To know that, we need only listen to the White House tut-tutting about how “unrealistic” it would be to expect the mullahs to renounce their support for terrorism in exchange for sanctions relief.

In Washington, you see, insisting that Iran act like a normal country is nutter stuff, but trusting Iran to enrich uranium only for peaceful purposes is totally logical. MORE IRAN COULD U.S. WEAKNESS INVITE UNPLANNED MILITARY CONFRONTATION WITH IRAN? CONGRESS SHOULD TRY TO KILL THE IRAN DEAL NOW DEM REP. SAYS IRANIAN ‘DEATH TO AMERICA’ CHANTS COULD BE READ IN ‘A COUPLE OF WAYS’

So Beltway Republicans are ready to put up a fight, right? About as much of a fight, it seems, as they were ready to make against mounting debt.

Cravenly elevating their own political interest over the national interest, many on the GOP side of the political class calculate that it is more important to avoid blame for frustrating Obama — this time, on his delusional Iran deal — than to succeed in actually frustrating Obama. But alas, that annoying Constitution is again an obstacle to shirking accountability. It does not empower the president to make binding agreements with foreign countries all on his own — on the theory that the American people should not take on enforceable international obligations or see their sovereignty compromised absent approval by the elected representatives most directly accountable to them.

Thus, the Constitution mandates that no international agreement can be binding unless it achieves either of two forms of congressional endorsement: a) super-majority approval by two-thirds of the Senate (i.e., 67 aye votes), or b) enactment through the normal legislative process, meaning passage by both chambers under their burdensome rules, then signature by the president.

The Corker bill is a ploy to circumvent this constitutional roadblock. That is why our post-sovereign, post-constitutional president has warmed to it.

Because it would require the president to submit any Iran deal to Congress, it is drawing plaudits for toughness. But like McConnell’s debt legerdemain, it’s a con job. Once the deal is submitted, Congress would have 60 days (or perhaps as few as 30 days) to act. If within that period both houses of Congress failed to enact a resolution of disapproval, the agreement would be deemed legally binding — meaning that the sanctions the Iranian regime is chafing under would be lifted. As Corker, other Republican leaders, and the president well know, passage of a resolution of disapproval — even if assured in the House with its commanding Republican majority — could be blocked by the familiar, lockstep parliamentary maneuvering of just 40 Senate Democrats. More significantly, even if enacted in the Senate, the resolution would be vetoed by Obama. As with the resolutions of disapproval on debt increases, it is nearly inconceivable that Obama’s veto would be overridden.

To summarize, the Constitution puts the onus on the president to find 67 Senate votes to approve an international agreement, making it virtually impossible to ratify an ill-advised deal. The Corker bill puts the onus on Congress to muster 67 votes to block an agreement. Under the Constitution, Obama’s Iran deal would not have a prayer. Under the Corker bill, it would sail through. And once again, it would be Republicans first ensuring that self-destruction is imposed on us, then striking the pose of dogged opponents by casting futile nay votes.

This is not how our system works. Congress is supposed to make the laws we live under. It is the first branch of government, not a rubber-stamping Supreme Soviet. We seem to have forgotten that the point of the Constitution is not to accomplish great things; it is to prevent government from doing overbearing or destructive things. The achievement of great things was left to the genius and ambition of free people confronting challenges without stifling constraints.

The Constitution’s constraints can indeed be stifling. Quite intentionally so: They are there to prevent legacy-hunting ideologues and feckless fixers from rolling the dice with our lives.

That a lawless president would undertake to eviscerate these constraints is to be expected. But is he really much worse than an entrenched political class that anxiously forfeits its powers to stop him?

http://www.nationalreview.com/article/417128/corker-bill-isnt-victory-its-constitutional-perversion-andrew-c-mccarthy

 

Obama Kept Iran’s Short Breakout Time a Secret

By Eli Lake

The Barack Obama administration has estimated for years that Iran was at most three months away from enriching enough nuclear fuel for an atomic bomb. But the administration only declassified this estimate at the beginning of the month, just in time for the White House to make the case for its Iran deal to Congress and the public.

Speaking to reporters and editors at our Washington bureau on Monday, Energy Secretary Ernest Moniz acknowledged that the U.S. has assessed for several years that Iran has been two to three months away from producing enough fissile material for a nuclear weapon. When asked how long the administration has held this assessment, Moniz said: “Oh quite some time.” He added: “They are now, they are right now spinning, I mean enriching with 9,400 centrifuges out of their roughly 19,000. Plus all the . . . . R&D work. If you put that together it’s very, very little time to go forward. That’s the 2-3 months.”

Brian Hale, a spokesman for the Office of the Director of National Intelligence, confirmed to me Monday that the two-to-three-month estimate for fissile material was declassified on April 1.

Here is the puzzling thing: When Obama began his second term in 2013, he sang a different tune. He emphasized that Iran was more than a year away from a nuclear bomb, without mentioning that his intelligence community believed it was only two to three months away from making enough fuel for one, long considered the most challenging task in building a weapon. Today Obama emphasizes that Iran is only two to three months away from acquiring enough fuel for a bomb, creating a sense of urgency for his Iran agreement.

Back in 2013, when Congress was weighing new sanctions on Iran and Obama was pushing for more diplomacy, his interest was in tamping down that sense of urgency. On the eve of a visit to Israel, Obama told Israel’s Channel Two, “Right now, we think it would take over a year or so for Iran to actually develop a nuclear weapon, but obviously we don’t want to cut it too close.”

On Oct. 5 of that year, Obama contrasted the U.S. view of an Iranian breakout with that of Israel’s prime minister, Benjamin Netanyahu, who at the time said Iran was only six months away from nuclear capability. Obama told the Associated Press, “Our assessment continues to be a year or more away. And in fact, actually, our estimate is probably more conservative than the estimates of Israeli intelligence services.”

Ben Caspit, an Israeli journalist and columnist for Al-Monitor, reported last year that Israel’s breakout estimate was also two to three months away.

A year ago, after the nuclear talks started, Secretary of State John Kerry dropped the first hint about the still-classified Iran breakout estimate. He told a Senate panel, “I think it is fair to say, I think it is public knowledge today, that we are operating with a time period for a so-called breakout of about two months.”

David Albright, a former weapons inspector and president of the Institute for Science and International Security, told me administration officials appeared to be intentionally unspecific in 2013, when the talking points used the 12-months-plus timeline. “They weren’t clear at all about what this one-year estimate meant, but people like me who said let’s break it down to the constituent pieces in terms of time to build a bomb were rebuffed,” he said. Albright’s group released its own breakout timetable that focused solely on the production of highly enriched uranium, not the weapon itself. It concluded Iran was potentially less than a month away.

When USA Today asked a spokeswoman for the National Security Council about Albright’s estimate, she responded that the intelligence community maintained a number of estimates for how long Iran would take to produce enough material for a weapon.

“They have made it very hard for those of us saying, let’s just focus on weapons-grade uranium, there is this shorter period of time and not a year,” Albright told me. “If you just want a nuclear test device to blow up underground, I don’t think you need a year.”

This view is supported by a leaked document from the International Atomic Energy Agency, first published by the Associated Press in 2009. Albright’s group published excerpts from the IAEA assessment that concluded Iran “has sufficient information to be able to design and produce a workable implosion nuclear device based upon (highly enriched uranium) as the fission fuel.”

Kenneth Pollack, a former CIA analyst who is now an Iran expert at the Brookings Institution, told me that most of the technical estimates about an Iranian breakout were not nearly as precise as they are sometimes portrayed in the press. “The idea there is such a thing as a hard and fast formula for this is nonsense,” he said. “All the physicists come up with different answers depending on what inputs they use.”

In this way, Obama’s new, more alarmist figure of two to three months provides a key selling point for the framework reached this month in Switzerland. When Obama announced the preliminary agreement on April 2, he said one benefit was that if it were finalized, “even if it violated the deal, for the next decade at least, Iran would be a minimum of a year away from acquiring enough material for a bomb.”

Hence the frustration of Representative Devin Nunes, the Republican chairman of the House Permanent Select Committee on Intelligence. “We’ve been researching their claim that a deal would lengthen the breakout time for Iran from two to three months to a year,” he told me of the administration. “We’re just trying to confirm any of their numbers and we can’t confirm or make sense of what they are referencing.”

Nunes should hurry. The Iranian nuclear deal is scheduled to breakout in less than three months.

http://www.bloombergview.com/articles/2015-04-21/obama-kept-iran-s-short-breakout-time-a-secret

Congress and White House strike deal on Iran legislation

A Senate committee voted unanimously Tuesday to give Congress the power to review a potential Iran nuclear deal after a June 30 negotiating deadline, in a compromise with the White House that allows President Obama to avoid possible legislative disapproval of the pact before it can be completed.

The bipartisan bill is likely to move quickly to the full Senate after the Foreign Relations Committee voted 19 to 0 to approve the measure. It would give Congress at least 30 days to consider an agreement after it was signed, before Obama could waive or suspend any congressionally mandated sanctions against Iran.

During that period, lawmakers could vote their disapproval of the agreement. Any such resolution would have to clear a relatively high bar to become law, requiring 60 votes to pass and 67, or two-thirds of the Senate, to override a presidential veto.

The compromise avoided a potentially destructive showdown between the White House and Congress, as well as a possible free-for-all of congressional action that Obama has said could derail the negotiations while they are underway. It followed extensive administration lobbying on Capitol Hill, including phone calls from Obama and a closed-door Senate meeting Tuesday morning with Secretary of State John F. Kerry and other senior officials.

While the administration was “not particularly thrilled” by the final result, White House press secretary Josh Earnest said before the vote, it was “the kind of compromise that the president would be willing to sign.”

Congress and White House strike deal on Iran legislation deal(1:09)
Republicans and Democrats on the Senate Foreign Relations Committee reached a compromise Tuesday on a bill that would give Congress a say on any deal to curb Iran’s nuclear program. (AP)

In passing the legislation, Foreign Relations Committee Chairman Bob Corker (R-Tenn.) hailed the “true emergence” of bipartisanship on a crucial foreign policy issue, and he congratulated Congress for approving sanctions legislation in the first place that “brought Iran to the negotiating table.”

“Despite opposition from the White House all along,” Corker said in a statement released after the vote, he was proud of unanimous committee support for a measure that “will ensure the American people — through their elected representatives — will have a voice on any final deal with Iran, if one is reached.”

https://www.youtube.com/results?search_query=senate+proposal+on+iran+deal+over+nuclear+weapons+corker+bill+changes+constitution

Responding to Jack Goldsmith on the Corker Bill & the Nature of Obama’s Iran Deal

by ANDREW C. MCCARTHY April 20, 2015 12:24 PM

I have great respect and admiration for Jack Goldsmith, especially when it comes to his mastery of international law and its complex interplay with constitutional law. At the Lawfare blog, Professor Goldsmith has penned a thoughtful critique of my weekend column, in which I objected to the Corker bill – the legislation proposed by Senator Bob Corker (R., Tenn.) and others that would govern congressional review of President Obama’s anticipated executive agreement on Iran’s nuclear program. Goldsmith claims that I have distorted both the Corker bill and the Constitution. Goldsmith and I have a fundamental disagreement about what Obama’s Iran deal is intended to accomplish – and as I shall explain, this is a situation where the de facto has to take precedence over the de jure. But let me state upfront that I do not question that the president (as I have argued many times) has plenary authority over the conduct of foreign affairs and that, as Thomas Jefferson opined, exceptions to that principle must be narrowly construed. Nor do I, as Goldsmith implies, blame the Corker bill for any deficiencies in the current statutory regiment of Iran sanctions. Indeed, I have argued that the president’s waivers of Iran sanctions are different in kind from, to take some prominent examples, his waivers of Obamacare provisions and of certain enforcement aspects of the federal immigration and narcotics laws. The latter are lawless (though the administration attempts to rationalize them by an untenable interpretation of the prosecutorial discretion doctrine). The former are entirely lawful and written into the sanctions bills themselves. The problem for Obama is that his sanctions waivers cannot be permanent – the pertinent statutes do not allow for that. (I use the word permanent advisedly. The word binding, which I might otherwise use, has a legal connotation that, as we shall see, can be confusing here.) That is, there are statutory sanctions that would apply to the Iranian government and (mainly) entities that do business for or with it if the president had not waived those sanctions; the statutes that prescribe the sanctions enable the president to waive them for fixed terms; they do not enable the president to provide permanent sanctions relief. That is a central issue in the administration’s negotiations with Iran (which are taking place within in the P5 + 1 framework – but obviously the U.S. is the principal player). Iran wants permanent sanctions relief. The president wants to give the regime permanent sanctions relief, but he does not have that authority. This, I think, moves us toward the nub of my disagreement with Goldsmith. He argues: the agreement the President is negotiating with Iran is by design not legally binding under international law and thus does not even implicate the domestic constitutional framework for approving binding international agreements. [Emphasis in original.] I have never suggested that the Constitution prevents presidents from making executive agreements with other governments. (Indeed, I wrote favorably about the Cotton letter, which made exactly this point.) I thus agree, in the abstract, that the president’s merely making an agreement with Ayatollah Khamenei would not be de jure binding under international law. But this omits two critical, concrete facts applicable to this particular negotiation: (a) The only deal the Iranians are interested in is one that is permanent – regardless of whether it can be said to be legally binding – i.e., they want complete sanctions relief, regardless of whether it is by obtaining (1) a guarantee that the sanctions will not be re-imposed (if not by law then by an arrangement that makes “snap-back” of the sanctions illusory as a practical matter); or (2) a substantial payday just for signing the agreement that makes the possibility of re-imposition even more illusory. (b) Obama’s intention is to submit the deal he cuts with Iran to the U.N. Security Council, where it would be endorsed by a resolution. Now, you can say all you want that what the president is trying to accomplish here is not technically a “legally binding” international agreement that enjoins our government from re-imposing sanctions. But the practical reality is that Obama is crafting an agreement that is structured to give Iran the equivalent of permanent sanctions relief (by providing so many carrots now that the sticks will no longer matter) and to give other nations the grist to argue that the Security Council resolution makes the agreement binding even if it does not have binding effect under U.S. law. The Iranian foreign minister has already made that contention in response to the Cotton letter. And, as Obama calculates, even if the agreement is not “legally binding,” it becomes very difficult politically for the U.S. to take a contrary position once other nations have acted in reliance on a Security Council resolution (by lifting their own sanctions and conducting significant commerce with Iran). The way Goldsmith describes the president’s Iran negotiations and the Corker bill, one has to conclude that the ongoing debate about the former is much ado about nothing and that the latter is a complete waste of time. By Goldsmith’s lights, Obama is simply exercising the discretionary waiver authority he indisputably already has, and he is not trying to strike any sort of “binding” arrangement. One wonders why so much effort over something of such apparently fleeting consequence. And for Senator Corker’s part, his bill is not designed to do anything Congress could not already do in its absence: It can approve, disapprove or take no action on Obama’s deal, and whatever it chooses to do would be subject to his veto. So what’s the big deal? The big deal only becomes apparent if you acknowledge the reality of what Obama is trying to accomplish: Permanent lifting of the sanctions in conjunction with illusory restrictions that will pave Iran’s way to becoming a nuclear-weapons power despite current American law and U.N. resolutions designed to prevent Iran from becoming a nuclear-weapons power. Just as I do not believe the president is, in fact, only trying to make a non-binding agreement, I do not believe the Corker bill is a case of congressional idling. If the agreement is seen as, in effect, of such potentially lasting significance that it should be treated as a binding treaty, then the Constitution would require Obama to find 67 Senate votes to approve it. As I argued in the column, the Corker bill reverses this: requiring opponents of the agreement to find 67 votes to kill it. In effect, I take Goldsmith to be arguing that the Constitution’s treaty clause can be reduced to a nullity by simply calling an international pact an “executive agreement” rather than a “treaty.” As unappealing as that contention sounds, there is a good deal of history and practice to support it. This reflects a reality I’ve often addressed: We are more a political society than a legal one. The Constitution does not resolve with exactitude the division of authorities between the two political branches; nor does it vest the judiciary with clear authority to resolve inter-branch disputes. As a result, presidents trying to achieve particular results in particular circumstances, take whatever seems to be the path of least resistance. Sometimes Congress squawks, sometimes it doesn’t. When it does, there is debate over whether the agreement in question should be treated as a treaty, but I cannot say there is a firmly established legal test for when an agreement is so consequential that it must be treated as a treaty. I don’t think the framers intended it to be a legal determination – it’s a political one. On that score, I’ve pointed out that the framers assumed impeachment would be a real remedy if a president, in dealing with a foreign country, tried to do something dangerous or treacherous – especially if it involved cutting the Senate out of the loop. Over time, impeachment has become an illusory check on the president, so it should not surprise us that presidents are less concerned about offending Congress by proceeding unilaterally when they calculate there is little political risk in doing so. All that said, I do not contest, and never have, that there is constitutional license for the president, in his nearly plenary authority over international affairs, to make international agreements (which last only as long as the president chooses to honor the agreement). And Goldsmith is right that I don’t question congressional-executive agreements: If the president can make an executive agreement with another government, and Congress is persuaded to enact – by the normal process – any legislation necessary to implement the agreement, what is there to object to (as long as the agreement does not violate the constitutional rights of the states and individuals)? The treaty clause, however, is one of the most important, constitutionally explicit restraints on the president’s power over foreign policy. A transformative agreement that significantly impacts American sovereignty and the constitutional or statutory rights of Americans should go through the Constitution’s treaty process – and even a ratified treaty (much less an executive agreement) cannot trump the Constitution (as the Supreme Court held in Medellin v. Texas (2008)). One last point. Using an example of something I wrote several years ago in support of presidential authority to waive sanctions against countries that run afoul of U.S. prohibitions on trade with Iran, Goldsmith contends that I have reversed my position on presidential authority over foreign policy. I haven’t. As noted above, the sanctions-waivers we are actually dealing with here are authorized by statute, so this is not a situation where Congress has enacted sanctions that have no waiver provisions and that the president can attempt to trump only by relying on his constitutional authority over foreign affairs. But if we were in such a situation, I would argue that there are some things a president could unilaterally waive over Congress’s objection, and some that he could not. If Congress tried to impose sanctions directly on foreign governments, I think the president would have a very strong case. If Congress imposed sanctions on private corporations and individuals that did business with certain foreign governments, I think the president would have a less strong case – perhaps a lot less strong. It might also matter whether it was wartime or a time of some true national emergency. I believe, in any event, that it is out of deference to the president’s considerable constitutional authority over the conduct of foreign affairs that sanctions laws (and some other laws that implicate foreign affairs) contain explicit presidential waiver provisions. Congress does not want to provoke a constitutional dispute that may be detrimental to achieving policy ends that, very often, both political branches support. That is all the more reason, to my mind, that when an international agreement is of great consequence to American national security, the president should not provoke a constitutional dispute by attempting to act unilaterally. The president should treat the agreement as a treaty – and so should the Senate.

http://www.nationalreview.com/corner/417180/responding-jack-goldsmith-corker-bill-nature-obamas-iran-deal-andrew-c-mccarthy

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United States Nuclear Deal is Another Obama Disaster — Just Walk Away Kerry — Back To Punishing Economic Sanctions — Iranian Regime Change — Videos

Posted on April 3, 2015. Filed under: Articles, Blogroll, Bomb, Central Intelligence Agency (CIA), College, Communications, Computers, Constitution, Corruption, Culture, Data, Demographics, Dirty Bomb, Documentary, Drones, Economics, Education, Entertainment, Federal Bureau of Investigation (FBI), Federal Government, Foreign Policy, Freedom, Friends, Genocide, government, government spending, Illegal, Immigration, Investments, Islam, Language, Law, liberty, Life, Links, Missiles, Music, National Security Agency (NSA_, Natural Gas, Nuclear, Nuclear Proliferation, Oil, People, Philosophy, Photos, Physics, Politics, Press, Programming, Psychology, Radio, Rants, Raves, Regulations, Religion, Resources, Science, Security, Shite, Strategy, Sunni, Talk Radio, Taxes, Technology, Terrorism, Video, War, Wealth, Weapons, Weapons of Mass Destruction, Weather | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Pronk Pops Show 437: March 30, 2015 

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Story 2: United States Nuclear Deal is Another Obama Disaster — Just Walk Away Kerry — Back To Punishing Economic Sanctions — Iranian Regime Change — Videos

Treaty Clause

“The President… shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur….

ARTICLE II, SECTION 2, CLAUSE 2

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Walk Away Renee – The left Banke

Walk Away Renee

  1. And when I see the sign that points one way
    The lot we used to pass by every day
    Just walk away, Renee
    You won’t see me follow you back home
    The empty sidewalks on my block are not the same
    You’re not to blame
    From deep inside the tears that I’m forced to cry
    From deep inside the pain that I chose to hide
    Just walk away, Renee
    You won’t see me follow you back home
    Now, as the rain beats down upon my weary eyes
    For me, it cries
    Just walk away, Renee
    You won’t see me follow you back home
    Now, as the rain beats down upon my weary eyes
    For me, it cries
    Your name and mine inside a heart upon a wall
    Still finds a way to haunt me though they’re so small
    Just walk away, Renee
    You won’t see me follow you back home
    The empty sidewalks on my block are not the same
    You’re… Full lyrics on Google Play

    Herman’s Hermits – Walk Away Renee (1968)

    The Four Tops – Walk Away Renee (with lyrics on screen)

Pro-Hassan Rouhani Iranian editor defects while covering nuclear talks in Lausanne

Amir Hossein Motaghi says he no longer sees any “sense” in his profession as he could only write as he was told

A close media aide to Hassan Rouhani, the Iranian president, has sought political asylum in Switzerland after travelling to Lausanne to cover the nuclear talks between Tehran and the West.

Amir Hossein Motaghi, who managed public relations for Mr Rouhani during his 2013 election campaign, was said by Iranian news agencies to have quit his job at the Iran Student Correspondents Association (ISCA).

He then appeared on an opposition television channel based in London to say he no longer saw any “sense” in his profession as a journalist as he could only write what he was told.

“There are a number of people attending on the Iranian side at the negotiations who are said to be journalists reporting on the negotiations,” he told Irane Farda television. “But they are not journalists and their main job is to make sure that all the news fed back to Iran goes through their channels.

“My conscience would not allow me to carry out my profession in this manner any more.” Mr Mottaghi was a journalist and commentator who went on to use social media successfully to promote Mr Rouhani to a youthful audience that overwhelmingly elected him to power.

But he was also subject to the bitter internal arguments within the Iranian regime. One news website claimed he had been forced in to report to the ministry of intelligence weekly, and that he had been tipped off that he might be subject to arrest had he returned to Tehran.


Jason Rezalan

He is said to have been a friend of Jason Rezaian, the Iranian-American reporter for the Washington Post who has been detained in Tehran, and to have campaigned privately for his release.

ISCA, which has come under fire from regime hardliners critical of Mr Rouhani, issued a statement denying that Mr Motaghi was in Lausanne to report for it.

“Amir Hossein Motaghi had terminated his contribution to ISCA and this news agency has not had any reporter at the nuclear talks, except for a photojournalist”, it said.

However, critics said Mr Mottaghi was “prey of the exiled counter-revolutionaries” and had gone to Lausanne with the sole purpose of seeking refugee status in Switzerland.

In his television interview, Mr Mottaghi also gave succour to western critics of the proposed nuclear deal, which has seen the White House pursue a more conciliatory line with Tehran than some of America’s European allies in the negotiating team, comprising the five permanent members of the UN security council and Germany.

“The US negotiating team are mainly there to speak on Iran’s behalf with other members of the 5+1 countries and convince them of a deal,” he said.

http://www.telegraph.co.uk/news/worldnews/middleeast/iran/11500145/Pro-Hassan-Rouhani-Iranian-editor-defects-while-covering-nuclear-talks-in-Lausanne.html

NETANYAHU: NUKE DEAL A ‘REWARD FOR IRAN’S AGGRESSION’

Israeli Prime Minister Benjamin Netanyahu has blasted the impending nuclear deal between the P5+1 world powers and the Iranian regime, calling the accord a historically bad agreement that lets Iran race towards nuclear weapons development.

“The deal emerging in Lausanne [Switzerland] sends a message that there is no cost for aggression, and in turn, that there is a reward for Iran’s aggression,” Netanyahu said.

The Israeli Prime Minister vowed to continue fighting against vital threats to the national security of his country.

He added: “We will never close our eyes and we will continue to operate against every threat in every generation, and of course in this generation.”

Netanyahu predicted that many countries in the region would be immediately affected by a bad deal.

“Moderate, responsible countries in the region, primarily Israel but other countries as well, will be the first to be harmed by this agreement,” he said.

On Sunday, the Israeli Prime Minister expressed concern with the Iranian regime’s growing sphere of influence and control.

“After the Beirut-Damascus- Baghdad axis, Iran is carrying out a pincer movement from the south to take over and occupy the entire Middle East. The Iran-Lausanne-Yemen axis is very dangerous to humanity and it must be stopped,” Netanyahu said on Sunday at his weekly cabinet meeting.

Netanyahu suggested in the meeting that the impending nuclear deal likely “paves Iran’s way to the [nuclear] bomb.”

The foreign ministers of Iran and the entire P5+1 world powers met in Switzerland on Monday in hopes to secure a basic framework for a nuclear deal by Tuesday’s March 31 deadline. This marked the first time that all of the negotiating foreign minister’s gathered together at the same event.

Chinese Foreign Minister Wang Yi told the media, “I think it is possible to reach a deal by [Tuesday] night. The gaps are narrowing. I am always optimistic.”

“Our deadline is tomorrow night so obviously we are working very hard,” U.S. Secretary of State John Kerry told reporters.

Treaty Clause

The President… shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur….

ARTICLE II, SECTION 2, CLAUSE 2

Teacher’s Companion Lesson (PDF)

The Treaty Clause has a number of striking features. It gives the Senate, in James Madison’s terms, a “partial agency” in the President’s foreign-relations power. The clause requires a supermajority (two-thirds) of the Senate for approval of a treaty, but it gives the House of Representatives, representing the “people,” no role in the process.

Midway through the Constitutional Convention, a working draft had assigned the treaty-making power to the Senate, but the Framers, apparently considering the traditional role of a nation-state’s executive in making treaties, changed direction and gave the power to the President, but with the proviso of the Senate’s “Advice and Consent.” In a formal sense, then, treaty-making became a mixture of executive and legislative power. Most people of the time recognized the actual conduct of diplomacy as an executive function, but under Article VI treaties were, like statutes, part of the “supreme Law of the Land.” Thus, as Alexander Hamilton explained in The Federalist No. 75, the two branches were appropriately combined:

The qualities elsewhere detailed as indispensable in the management of foreign relations point out the executive as the most fit in those transactions; while the vast importance of the trust and the operation of treaties as laws plead strongly for the participation of the whole or a portion of the legislative body in the office of making them.

Another reason for involving both President and Senate was that the Framers thought American interests might be undermined by treaties entered into without proper reflection. The Framers believed that treaties should be strictly honored, both as a matter of the law of nations and as a practical matter, because the United States could not afford to give the great powers any cause for war. But this meant that the nation should be doubly cautious in accepting treaty obligations. As James Wilson said, “Neither the President nor the Senate, solely, can complete a treaty; they are checks upon each other, and are so balanced as to produce security to the people.”

The fear of disadvantageous treaties also underlay the Framers’ insistence on approval by a two-thirds majority of the Senate. In particular, the Framers worried that one region or interest within the nation, constituting a bare majority, would make a treaty advantageous to it but prejudicial to other parts of the country and to the national interest. An episode just a year before the start of the Convention had highlighted the problem. The United States desired a trade treaty with Spain, and sought free access to the Mississippi River through Spanish-controlled New Orleans. Spain offered favorable trade terms, but only if the United States would give up its demands on the Mississippi. The Northern states, which would have benefited most from the trade treaty and cared little about New Orleans, had a majority, but not a supermajority, in the Continental Congress. Under the Articles of Confederation, treaties required assent of a supermajority (nine out of thirteen) of the states, and the South was able to block the treaty. It was undoubtedly that experience that impelled the Framers to carry over the supermajority principle from the Articles of Confederation.

At the Convention, several prominent Framers argued unsuccessfully to have the House of Representatives included. But most delegates thought that the House had substantial disadvantages when it came to treaty-making. For example, as a large body, the House would have difficulty keeping secrets or acting quickly. The small states, wary of being disadvantaged, also preferred to keep the treaty-making power in the Senate, where they had proportionally greater power.

The ultimate purpose, then, of the Treaty Clause was to ensure that treaties would not be adopted unless most of the country stood to gain. True, treaties would be more difficult to adopt than statutes, but the Framers realized that an unwise statute could simply be repealed, but an unwise treaty remained a binding international commitment, which would not be so easy to unwind.

Other questions, however, remained. First, are the provisions of the clause exclusive—that is, does it provide the only way that the United States may enter into international obligations?

While the clause does not say, in so many words, that it is exclusive, its very purpose—not to have any treaty disadvantage one part of the nation—suggests that no other route was possible, whether it be the President acting alone, or the popularly elected House having a role. On the other hand, while the Treaty Clause was, in the original understanding, the exclusive way to make treaties, the Framers also apparently recognized a class of less-important international agreements, not rising to the level of “treaties,” which could be approved in some other way. Article I, Section 10, in describing restrictions upon the states, speaks of “Treat[ies]” and “Agreement[s]…with a foreign Power” as two distinct categories. Some scholars believe this shows that not all international agreements are treaties, and that these other agreements would not need to go through the procedures of the Treaty Clause. Instead, the President, in the exercise of his executive power, could conclude such agreements on his own. Still, this exception for lesser agreements would have to be limited to “agreements” of minor importance, or else it would provide too great an avenue for evasion of the protections the Framers placed in the Treaty Clause.

A second question is how the President and Senate should interact in their joint exercise of the treaty power. Many Framers apparently thought that the President would oversee the actual conduct of diplomacy, but that the Senate would be involved from the outset as a sort of executive council advising the President. This was likely a reason that the Framers thought the smaller Senate was more suited than the House to play a key role in treaty-making. In the first effort at treaty-making under the Constitution, President George Washington attempted to operate in just this fashion. He went to the Senate in person to discuss a proposed treaty before he began negotiations. What is less clear, however, is whether the Constitution actually requires this process, or whether it is only what the Framers assumed would happen. The Senate, of course, is constitutionally authorized to offer “advice” to the President at any stage of the treaty-making process, but the President is not directed (in so many words) as to when advice must be solicited. As we shall see, this uncertainty has led, in modern practice, to a very different procedure than some Framers envisioned. It seems clear, however, that the Framers expected that the Senate’s “advice and consent” would be a close review and not a mere formality, as they thought of it as an important check upon presidential power.

A third difficult question is whether the Treaty Clause implies a Senate power or role in treaty termination. Scholarly opinion is divided, and few Framers appear to have discussed the question directly. One view sees the power to make a treaty as distinct from the power of termination, with the latter being more akin to a power of implementation. Since the Constitution does not directly address the termination power, this view would give it to the President as part of the President’s executive powers to conduct foreign affairs and to execute the laws. When the termination question first arose in 1793, Washington and his Cabinet, which included Hamilton and Thomas Jefferson, embraced this view. All of them thought Washington could, on his own authority, terminate the treaty with France if necessary to keep the United States neutral.

A second view holds that, as a matter of the general eighteenth-century understanding of the legal process, the power to take an action (such as passing a statute or making a treaty) implies the power to undo the action. This view would require the consent of the President and a supermajority of the Senate to undo a treaty. There is, however, not much historical evidence that many Framers actually held this view of treaty termination, and it is inconsistent with the common interpretation of the Appointments Clause (under which Senate approval is required to appoint but not to remove executive officers).

The third view is that the Congress as a whole has the power to terminate treaties, based on an analogy between treaties and federal laws. When the United States first terminated a treaty in 1798 under John Adams, this procedure was adopted, but there was little discussion of the constitutional ramifications.

Finally, there is a question of the limits of the treaty power. A treaty presumably cannot alter the constitutional structure of government, and the Supreme Court has said that executive agreements—and so apparently treaties—are subject to the limits of the Bill of Rights just as ordinary laws are. Reid v. Covert (1957). InGeofroy v. Riggs (1890), the Supreme Court also declared that the treaty power extends only to topics that are “properly the subject of negotiation with a foreign country.” However, at least in the modern world, one would think that few topics are so local that they could not, under some circumstances, be reached as part of the foreign-affairs interests of the nation. Some have argued that treaties are limited by the federalism interests of the states. The Supreme Court rejected a version of that argument in State of Missouri v. Holland (1920), holding that the subject matter of treaties is not limited to the enumerated powers of Congress. The revival of interest in federalism limits on Congress in such areas as state sovereign immunity, see Seminole Tribe of Florida v. Florida (1996), and the Tenth Amendment, see Printz v. United States (1997), raises the question whether these limits also apply to the treaty power, but the Court has not yet taken up these matters.

Turning to modern practice, the Framers’ vision of treaty-making has in some ways prevailed and in some ways been altered. First, it is not true—and has not been true since George Washington’s administration—that the Senate serves as an executive council to advise the President in all stages of treaty-making. Rather, the usual modern course is that the President negotiates and signs treaties independently and then presents the proposed treaty to the Senate for its approval or disapproval. Washington himself found personal consultation with the Senate to be so awkward and unproductive that he abandoned it, and subsequent Presidents have followed his example.

Moreover, the Senate frequently approves treaties with conditions and has done so since the Washington administration. If the President makes clear to foreign nations that his signature on a treaty is only a preliminary commitment subject to serious Senate scrutiny, and if the Senate takes seriously its constitutional role of reviewing treaties (rather than merely deferring to the President), the check that the Framers sought to create remains in place. By going beyond a simple “up-or-down” vote, the Senate retains some of its power of “advice”: the Senate not only disapproves the treaty proposed by the President but suggests how the President might craft a better treaty. As a practical matter, there is often much consultation between the executive and members of the Senate before treaties are crafted and signed. Thus modern practice captures the essence of the Framers’ vision that the Senate would have some form of a participatory role in treaty-making.

A more substantial departure from the Framers’ vision may arise from the practice of “executive agreements.” According to the Restatement of Foreign Relations Law of the United States, the President may validly conclude executive agreements that (1) cover matters that are solely within his executive power, or (2) are made pursuant to a treaty, or (3) are made pursuant to a legitimate act of Congress. Examples of important executive agreements include the Potsdam and Yalta agreements of World War II, the General Agreement on Tariffs and Trade, which regulated international trade for decades, and the numerous status-of-forces agreements the United States has concluded with foreign governments.

Where the President acts pursuant to a prior treaty, there seems little tension with the Framers’ vision, as Senate approval has, in effect, been secured in advance. Somewhat more troublesome is the modern practice of so-called congressional–executive agreements, by which some international agreements have been made by the President and approved (either in advance or after the fact) by a simple majority of both houses of Congress, rather than two-thirds of the Senate. Many of these agreements deal particularly with trade-related matters, which Congress has clear constitutional authority to regulate. Congressional–executive agreements, at least with respect to trade matters, are now well established, and recent court challenges have been unsuccessful. Made in the USA Foundation v. United States (2001). On the other hand, arguments for “complete interchangeability”—that is, claims that anything that can be done by treaty can be done by congressional–executive agreement—seem counter to the Framers’ intent. The Framers carefully considered the supermajority rule for treaties and adopted it in response to specific threats to the Union; finding a complete alternative to the Treaty Clause would in effect eliminate the supermajority rule and make important international agreements easier to adopt than the Framers wished.

The third type of executive agreement is one adopted by the President without explicit approval of either the Senate or the Congress as a whole. The Supreme Court and modern practice embrace the idea that the President may under some circumstances make these so-called sole executive agreements. United States v. Belmont (1937); United States v. Pink (1942). But the scope of this independent presidential power remains a serious question. The Pink and Belmont cases involved agreements relating to the recognition of a foreign government, a power closely tied to the President’s textual power to receive ambassadors (Article II, Section 3). The courts have consistently permitted the President to settle foreign claims by sole executive agreement, but at the same time have emphasized that the Congress has acquiesced in the practice. Dames & Moore v. Regan (1981);American Insurance Ass’n v. Garamendi (2003). Beyond this, the modern limits of the President’s ability to act independently in making international agreements have not been explored. With respect to treaty termination, modern practice allows the President to terminate treaties on his own. In recent times, President James Earl Carter terminated the U.S.–Taiwan Mutual Defense Treaty in 1977, and President George W. Bush terminated the ABM Treaty with Russia in 2001. The Senate objected sharply to President Carter’s actions, but the Supreme Court rebuffed the Senate in Goldwater v. Carter (1979). President Bush’s action was criticized in some academic quarters but received general acquiescence. In light of the consensus early in Washington’s administration, it is probably fair to say that presidential termination does not obviously depart from the original understanding, inasmuch as the Framers were much more concerned about checks upon entering into treaties than they were about checks upon terminating them.

http://www.heritage.org/constitution#!/articles/2/essays/90/treaty-clause

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