Brandi Kruse
Politics • Culture • News
[un]Divided Newsletter: January 8, 2023
January 08, 2023
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Take a minute to [un]wind with our Sunday newsletter. Grab a cup of coffee and catch up on what you may have missed from [un]Divided this week and what is coming up in the week ahead. 

Remembering Dori Monson

From the bottom of my heart, thank you for your kind words during a difficult week. It has been so uplifting to hear what Dori meant to all of you. His loss not only leaves a void for those who loved him, but a huge void in the Seattle media landscape.

If you missed it, you can read my tribute to Dori here

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Legislative session

The 2023 legislative session gets underway on Monday in Olympia. If you want to hear what lawmakers and the governor had to say about what’s to come, I highly recommend taking some time to watch Friday’s legislative preview. Legislative leaders discuss their priorities starting at the 33:00 mark, budget writers from both parties speak at the 1:08:00 mark, and Governor Jay Inslee offers remarks at 1:55:00.

Also featured in the preview was pollster Stuart Elway, who offered some interesting takeaways about what voters want to see accomplished this year.

Of 403 registered Washington voters who were polled last month, 34% said the economy should be a top priority for lawmakers, including addressing inflation and housing costs.

Public safety was second on the list, at 23%, followed by homelessness (22%), and taxes (17%).

Just 2% of respondents said COVID-19 should be a top priority. Praise be.

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Read the entire Crosscut/Elway poll here.

One little stat that also stands out to me from the poll is this one:

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So let me try to understand this. Only 13% of respondents believe Inslee is doing an “excellent” job as governor, yet 34% are already willing to say they would support him for an unprecedented FOURTH term? That’s insane.

I should note that I believe there is a 0% chance of Inslee running again, but why would anyone want the same person to run the state for 16 years?

"Legislative privilege"

An issue you are going to hear a lot about in the coming weeks is the concept of legislative privilege, so let me get you up to speed with what’s going on so you can tell all your friends about how terrible it is. 

One of the most effective ways the public and the press alike can access information about what is happening behind the scenes in government is via public disclosure request. Having the ability to request emails, text messages, and other documents that those in power might not want us to see is a critical tool to force transparency.

A few years ago, there was a battle in Washington state to ensure that lawmakers were subject to the same public records law as everyone else in government. In 2018, the state legislature passed a law to exempt themselves from the Public Records Act. Let’s just say, that didn’t go over well. 

More than 20,000 Washingtonians called and emailed to share their objections. The pressure was so intense, Governor Jay Inslee had no choice but to veto the bill. Media organizations then successfully ushered the issue to the Washington State Supreme Court, which ruled in 2019 that lawmakers were, indeed, subject to disclosure.

That should have been the end of things.

Unless you are the majority party, apparently.

On at least three occasions since then, Democrats in Olympia have denied public records requests – citing “legislative privilege.” Except, and this is a big except, no such privilege exists. You will not find it anywhere in the Public Records Act.

In a scathing op-ed this weekend, The Seattle Times Editorial Board explained the bullshit Democrats are trying to pull:

Lawmakers have manufactured it with a tortured reading of Article II, Section 17 of the state Constitution, which reads, “Freedom of Debate. No member of the Legislature shall be liable in any civil action or criminal prosecution whatever, for words spoken in debate.”

 

That’s a sensible provision on its own, one modeled on language in the U.S. Constitution. Lawmakers need the ability to debate without fear of being hauled into court for libel or something else. But it protects debate, not emails, text messages, white papers nor any other public record. In fact, and this is significant: It doesn’t even allow the debate to be secret, just immune from being the grounds for a court action.

 

Therein lies the gaslighting. Lawmakers didn’t formally announce this radical reinterpretation of the state Constitution. They just started invoking it as if it had been there all along. They want to trick Washingtonians into believing that this is nothing unusual.

 

But it is unusual. It’s insulting, exasperating and profoundly troubling. So far, the privilege has been invoked on the advice of attorneys of the House and Senate Democratic caucuses.

So, what can we do?

Unfortunately, the only path forward is a legal one. News agencies will once again have to force the issue to court, likely resulting in a costly and completely unnecessary legal battle – the price of which will be paid by taxpayers.

Every single Washingtonian should be pissed about this. Make your voices heard. Reach out to the House Speaker and Senate Leader to demand their caucuses follow the law. Keep your emails and phone calls civil, but don't let them off the hook. They work for you, after all. 

 

 

Hope for Seattle

I went to a dinner last night that gives me so much hope for the future of Seattle.

The Seattle Leadership Retreat was a gathering of advocacy leaders from all over North America – California, Canada, New York, Colorado, Oregon – who are pushing for common sense solutions to the drug crisis that has taken over our streets.

The event was put together by We Heart Seattle, a citizen-led group of volunteers who started by picking up trash at homeless camps.

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Last night’s featured speaker was Michael Shellenberger, author of San Fransicko: Why Progressives Ruin Cities.  Shellenberger was also one of the independent journalists recently tapped by Elon Musk to share “The Twitter Files.”

“Our civilization is at stake,” Shellenberger told the crowd, railing against what he called “pathological altruism” – the misguided belief that letting people live in squalor and addiction on our streets is somehow empathetic or righteous. 

“We are going to save our cities by saving our fellow human beings,” he concluded.

Never have I been in a room of people so committed to telling the truth about our homeless crisis and dedicating themselves to being part of the solution. The commonsense movement is catching on. Keep pushing. Keep saying what needs to be said. 

Housekeeping

Starting Monday, I’ll be temporarily hosting on KIRO Radio from 12-3pm. The station has big shoes to fill, and I share your hope that they can find someone who is dedicated to being a watchdog of government. There is simply no replacement for Dori Monson. As for me, I am committed to continuing to grow [un]Divided. There will be no changes to our weekly [un]Divided lineup as I help my friends at KIRO Radio for a few weeks.

Thank you for your commitment to giving common sense a comeback! Have a great week.

 

 

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A war that has sacrificed the public good, in favor of a twisted idea of progress.

It's a war that began long before I moved here 15 years ago. It started silently and it was mostly waged in the shadows.

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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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