Brandi Kruse
Politics • Culture • News
[un]Divided Newsletter: February 26, 2023
February 26, 2023
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Grab a cup of coffee and catch up on what you may have missed from [un]Divided this week.

Accused mass shooter granted pre-trial release

Just prior to the start of the pandemic, the big story in Seattle was a deadly shootout outside McDonald’s on the corner of 3rd and Pine.

On Jan. 22, 2020, at the height of afternoon rush hour, several men opened fire at each other – with bullets flying through crowded sidewalks. A 50-year-old woman was killed in the crossfire and six other people were injured, including a 9-year-old boy.

Two of the suspects, William Tolliver and Marquise Tolbert fled to Las Vegas once their mugshots hit the news. They were arrested a week later and charged with first-degree murder and six counts of assault.

As Tolliver awaits trial, King County Chief Criminal Judge Karen Donohue this past week granted the 27-year-old pre-trial release.

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According to The Seattle Times:

A King County Superior Court judge on Thursday granted Tolliver pretrial release, clearing him to live with his grandmother while awaiting trial — provided he complies with a host of conditions, including electronic home detention, and that he posts an unsecured bond, which is essentially a written promise to appear in court.

Yes, you read that correctly. Tolliver – who has demonstrated not only an extreme disregard for human life, but a willingness to flee from justice – gets to hang out at his grandma’s house until trial. 

From The Times:

Defense attorneys Cathy Gromley and Juanita Holmes last week filed a motion seeking Tolliver’s pretrial release, “based on ongoing developments in the case” and because Tolliver’s family doesn’t have the financial means to post bail. The attorneys cited harsh jail conditions and understaffing that have caused delays in attorneys being able to confidentially confer with clients. They also argued defense investigations “have shown that the state’s case is far weaker than it looked when the case was first filed.”

Furthermore, defense attorneys for Tolliver “cited studies that show defendants of color, particularly Black defendants, are disproportionately denied reasonable bail compared with their white counterparts, jeopardizing their presumption of innocence.”

At trial, Tolliver’s defense team will argue that he acted in self-defense that day, shooting only in response to a third man – Jamal Jackson – pulling out a gun to shoot at him first. Tolliver’s friend that fled to Vegas with him, Tolbert, was already acquitted of the same charges at trial after a jury agreed with the self-defense claim.

King County prosecutors objected to Tolliver’s release, writing in a statement:

“We believe someone charged with Murder in the First Degree and six counts of Assault in the First Degree against innocent bystanders should reasonably be held in jail. Mr. Tolliver also has a history of unlawful gun possession in violation of court orders, which King County prosecutors emphasized in court.”

If you watch one thing from unDivided this week…

…make it the interview with Matthew Humphrey on our Wednesday episode. Matt is the owner of Steele Barber and has become an outspoken critic of Seattle’s response to the drug crisis.

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He told a few downright infuriating stories about what he’s dealt with at his location in the Ballard neighborhood, including the time a drug user was passed out in his storefront and police told him there was nothing they could do.

How can anyone run a business in those conditions?

Matt also commented on an effort from Seattle’s mayor to prioritize business owners of color to help fill vacant storefronts downtown.

"I have deep respect for people that might have other barriers, but I think it's wholly unfair to create that kind of focus where it alienates people like myself. It almost seems like reverse racism. How do you say, now you're going to exclude me from the equation when I have the willingness, the opportunity and the track record proven to go in and create an experience." 

Hear my thoughts on the mayor’s plan on Wednesday’s episode around the 5:00 mark

In the meantime, maybe we can convince Matt to run for a seat on the city council? 

Housekeeping

Nothing – except Adele was amazing. What I thought was cool is just how diverse the audience was. Young and old, men and woman, all races. Her voice is truly transcendent.

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Have a great Sunday and I will see you tomorrow! Thanks for your commitment to giving 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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