Brandi Kruse
Politics • Culture • News
[un]Divided Newsletter: October 9, 2022
October 09, 2022
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Take a minute to [un]wind with our Sunday morning newsletter. Grab a cup of coffee and catch up on what you may have missed from [un]Divided this week.

Gas prices and gaslighting

The Chair of the House Progressive Caucus is suggesting that the recent spike in gas prices amounts to foreign interference in our elections.

Indeed, gas prices have risen sharply in the past two weeks. Here are the highest averages in the continental United States:

  • California: $6.34
  • Oregon: $5.54
  • Nevada: $5.44
  • Washington: $5.40

In an interview on CNN, Congresswoman Pramila Jayapal (D-Washington) said foreign enemies are working via OPEC+ to hand the Midterms over to Republicans.

“We don't like October surprises," she said. "It is clear to me that this move was done between MBS and Putin and others who want to affect the U.S. election. I don't see how else you can look at this a month before the election?"

Indeed, OPEC+ has moved to cut crude oil output by 2 million barrels a day, but the rationale is likely more selfish (and obvious) than Jayapal suggests. Russia’s Vladimir Putin is funding his war in Ukraine through the sale of crude. Sagging oil prices hurt that war effort. 

“It's clear that OPEC+ is aligning with Russia with today's announcement," White House Press Secretary Karine Jean-Pierre said of the decision.

While rising gas prices could certainly tilt the outcome of November’s election, Jayapal is quick to offer the explanation that is most politically palatable for her party. Should Democrats lose the House or even the Senate, blaming foreign adversaries is far more convenient than self-reflection. 

Just for giggles, I thought it would be worth revisiting some of the various other comments Rep. Jayapal has offered on high gas prices during Biden’s time in office:

November 2021: Jayapal suggests the solution to higher gas prices is more government handouts: “It isn’t really that you have to reduce the gas price, what you have to do is reduce the costs for families.”

March 2022: Jayapal blames oil executives and vows to hold them accountable: "We go after corporate America because corporate America is often profiteering."

March 2022: As a way to argue against increased domestic production, Jayapal claims “no matter what” the U.S. does, “prices of gas are going to go up.”

July 2022: Jayapal signs onto a letter with progressive colleagues, urging no new fossil fuel leases. Gee – that will help.

Biden forgives weed convictions

In what could be a precursor to federal legalization, President Joe Biden this week issued pardons for roughly 6,500 people convicted in federal court of simple marijuana possession. The mass pardon will also include those convicted in local courts in the District of Columbia. 

The pardon, one of the largest in U.S. history, reads as follows:

“Acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Joseph R. Biden Jr., do hereby grant a full, complete, and unconditional pardon to (1) all current United States citizens and lawful permanent residents who committed the offense of simple possession of marijuana in violation of the Controlled Substances Act… or in violation of D.C. Code 48–904.01.. and (2) all current United States citizens and lawful permanent residents who have been convicted of the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844.”

“Sending people to jail for possessing marijuana has upended too many lives — for conduct that is legal in many states,” President Biden tweeted. “That’s before you address the clear racial disparities around prosecution and conviction. Today, we begin to right these wrongs."

Biden also called on Attorney General Merrick Garland and Health and Human Services Secretary Xavier Becerra to reevaluate whether marijuana should remain a Schedule I controlled substance, which puts it in the same category as heroin and bath salts. 

Since 2012, 19 states and DC have legalized the recreational use of marijuana. Other states – Arkansas, Maryland, Missouri, North Dakota and South Dakota – are set to vote on legalization on November 8. 

Who counts as a “journalist”?

King County Executive Dow Constantine’s office continued its assault this week on the free press, blocking independent journalist Jonathan Choe from accessing a media tour of a Seattle homelessness center.

Choe talked about the ordeal on Friday’s episode.

At the center of the controversy is whether Choe is acting as a journalist or as an agent of a politically oriented think tank.

Choe and I agree that press conferences certainly cannot be free-for-alls where any citizen with a cellphone is welcome, but who gets to decide? Choe worked as a mainstream reporter in Seattle before taking a fellowship at the Discovery Institue to cover homelessness. He has a track record of asking hard questions and putting in the legwork. He is also putting out regular, in-depth content. That sounds like journalism to me. 

As news consumers, I want to hear your thoughts. Who should count as a “journalist”? Leave your opinion in the comments and I’ll read some of them on tomorrow’s show.

Housekeeping

None! 

Have a great Sunday and thank you for supporting this mission to give common sense a comeback!

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We fight on – because what other choice is there?
They can try to destroy my reputation. It still won't put them on the right side of history.
 

This week, progressive political strategists launched an effort to undermine my support of citizen initiatives – arguing that my opinions are no longer protected by the First Amendment and should therefore be regulated by the state.

You read that correctly.

In a 24-page complaint to the Washington State Public Disclosure Commission, an obscure organization that styles itself as Washingtonians for Ethical Government called for an immediate investigation into my public support of two voter initiatives that will appear on the ballot in November – one to protect girls' sports, the other to restore parental rights.

Kruse is possibly the most prolific of political content creators in Washington, and her promotions of Let’s Go Washington’s initiatives do not qualify as editorial content. Kruse is not an impartial journalist or just an opinionated member of the public; she is a commercial advertiser with multiple advertisers. Although Kruse was once employed as a reporter by bonafide news outlets, she is no longer commonly considered as a journalist in Washington State and was recently denied press credentials by the Washington State Capitol Correspondents Association, a decision that was upheld by both state and federal courts.

Their argument goes something like this:

  • I host a podcast.

  • My podcast sells spots to advertisers.

  • I endorse products for said advertisers.

  • Therefore, my endorsements have value.

  • Therefore, my political endorsements have value.

  • Therefore, any political endorsements I make must be reported to the Public Disclosure Commission as “in-kind” donations.

There are several factual inaccuracies with the complaint, like the assertion that state and federal courts have determined I’m not a journalist. That is false. While a federal judge declined an emergency motion to have my press pass reinstated in the final days of the 2026 legislative session, our case is ongoing and only in the early stages. I am confident we will prevail.

There are also several legal issues with the complaint, not the least of which is a pesky little thing called the First Amendment to the U.S. Constitution.

But don’t be fooled – the goal of the complaint isn’t for it to stick. The goal is to harm my reputation in the court of public opinion.

Still, for the sake of posterity, it’s worth noting a few things:

The government cannot assign a numerical value to my political speech. Such an act would be extraordinary and without precedent in the history of the United States.

I have never received anything of monetary value to support or oppose any political candidate, initiative, or issue. Quite the contrary. I have given untold hours, made personal donations, and driven tens of thousands of miles around the state to lend my voice to issues and people I believe in.

I have the right to charge advertisers for endorsements, or to provide endorsements free of charge if I wish. And I have. In the years following the pandemic, I featured local small businesses on my show free of charge – and gave them attention on social media, urging followers to support businesses that were struggling to recover from government-imposed lockdowns. I also did this in 2020 while still employed as a news reporter at FOX 13 in Seattle, running a weekly segment on my political show called “Small Business Sunday.”

Providing paid endorsements of products is a common practice in broadcasting and has been for decades. Many of our current advertisers were once endorsed on the radio by the late Dori Monson. Several local radio hosts who endorse products on air have also made public statements about their support of current voter initiatives. Ari Hoffman of KVI and John Curley of KIRO Radio not only endorse products but have stood alongside me in support of girls and parents.

If the Public Disclosure Commission were to rule that my speech must be regulated, it would also have to start regulating the speech of dozens of mainstream radio hosts – and perhaps even the Editorial Board of the Seattle Times.

Beyond that, this issue is settled law in Washington.

The Washington State Supreme Court ruled in 2007 that endorsements from talk show hosts do not constitute in-kind contributions.

At the time, radio hosts John Carlson and Kirby Wilbur were organizing and promoting Initiative 912, aimed at stopping an incremental increase in the gas tax.

'The mere fact that a broadcast has value to a campaign, or includes solicitation of funds, votes, or other support, does not convert commentary into advertising when it occurs during the content portion of a broadcast for which payment is not normally required,' Justice Barbara Madsen wrote for the court.

But again, the point of the complaint is not to upend existing law or get the government to throw the First Amendment to the wind.

The progressive political strategists behind the stunt, Powerhouse Strategic, is the firm used by opponents of the Let’s Go Washington initiatives.

Few news outlets that covered Tuesday’s press release saw fit to mention this connection. Why? It’s not as if it’s a secret. Kristin Hyde, a communications specialist with Powerhouse Strategic, sent the release out with her name and contact information on it.

Powerhouse not only brought previous PDC complaints against Let’s Go Washington, but it also represents the Washington State Democratic Party, as well as two of the largest unions bankrolling the anti-initiative campaigns: SEIU and the Washington Education Association.

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Still, The Seattle Times characterized Washingtonians for Ethical Government (WFEG) only as a “campaign finance watchdog.”

Even if it were a legitimate watchdog group and not a cover for deeply partisan operatives, in the past 10 years it’s only ever questioned the “ethics” of conservatives.

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In case there was any doubt, I fully intend to continue my work fighting for what I truly believe is the women’s rights issue of our generation: the erasure of girls at the hands of ideologues.

After all, I was fighting this issue long before Let’s Go Washington decided to run initiatives to change state law. In fact, it was through episodes of unDivided that LGW met two of the teen athletes – Ahnaleigh Wilson and Frances Staudt – who would go on to become important voices in the campaign to protect female athletes. I like to think our coverage of the issue is a big reason why voters will get a say in November. I am very proud of that.

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Me with Frances Staudt (left) and Ahnaleigh Wilson (right) at a signature gathering event in Issaquah, Washington.

I will also keep fighting for parental rights, as I was before LGW started collecting signatures for a parental bill of rights. My advocacy on this issue goes back to 2023, when I helped a rag-tag group of citizens collect signatures to try to run a referendum on Senate Bill 5599. The law allows children to be hidden from parents if they don’t think their family approves of their gender identity. I was protested, threatened, and called a transphobe. All the usual stuff. The referendum fell short, but my motivation to help parents keep their families together only grew.

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Protesters greet us outside a coffee shop in Lacey, Washington, where we were collecting signatures to repeal SB 5599.

As I said on my show this week: They can try to bankrupt my business. They can try to destroy my reputation. They can even try to kill me. None of it puts them on the right side of history.

So, we fight on. What other choice is there?

 

 

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