Brandi Kruse
Politics • Culture • News
[un]Divided Newsletter: March 5, 2023
March 05, 2023
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Catch up on what you may have missed from [un]Divided this week.

Midnight madness

Late into the night on Friday, the Washington State Senate finally passed a bill that would make possession of illegal drugs a gross misdemeanor. The bill now goes to the House.

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Senate Bill 5536 is a fix for the State Supreme Court’s Blake decision, which nullified the felony drug possession statute. While a temporary fix was put into place after Blake, it is set to expire on July 1 on this year – meaning a permanent fix must be signed into law this session, or possessing drugs like heroin, meth, and cocaine will no longer be a crime in Washington.

If it passes the House and is signed into law by the governor, SB 5536 would make it a gross misdemeanor for anyone to knowingly possess an illegal substance. Prior to jail booking or referring the case to prosecutors, law enforcement is encouraged to offer suspects treatment options. When cases are referred to them, prosecutors would also be encouraged to divert defendants toward treatment. Should cases ultimately wind up in court, the court must advise defendants of the option to participate in pre-trial diversion. Offenders can ultimately have their records expunged after successfully completing treatment.

The bill reads:

The legislature finds that substance use disorders are a public health issue. Solutions must address not only the criminal legal response, but be data-driven, evidence-based, and represent best practices, working directly with people who use drugs to prevent overdose and infectious disease transmission, and improve the physical, mental, and social well-being of those served. The state must follow principles of harm reduction, which means practical strategies aimed at reducing negative consequences associated with drug use. Harm reduction involves safer use of supplies as well as care settings, staffing, and interactions that are person-centered, supportive, and welcoming.

Although it is one of the softer solutions to Blake, chaos broke out within the Democratic caucus on Friday night when it became clear that some Progressive members thought SB 5536 went too far in criminalizing substance abuse and were not inclined to compromise.

One senator told me Democrats retreated into their caucus room for more than two hours as infighting played out. Senator Manka Dhingra, the chair of the Law & Justice committee (who has also played a role in thwarting meaningful progress on the state’s police pursuit policy) was among those pushing back against the bill, arguing that substance abuse should not be a criminal matter.

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Eventually, Democrats emerged, and the bill was passed on a bipartisan basis, 28-21, with a majority of the Democratic caucus voting against it – including some members who co-sponsored the original bill.

The following Democratic senators voted against the proposal:

  • Senator Manka Dhingra
  • Senator Joe Nguyen
  • Senator Rebecca Saldana
  • Senator Claire Wilson
  • Senator Patty Kuderer
  • Senator Noel Frame
  • Senator Bob Hasegawa
  • Senator Lisa Wellman
  • Senator T’wina Nobles
  • Senator Jamie Pedersen
  • Senator Claudia Kauffman
  • Senator Derek Stanford
  • Senator Yasmin Trudeau
  • Senator Javier Valdez
  • Senator Liz Lovelett

Several Republican members also voted against the bill for various reasons. Some believe drug possession should remain a felony, others took issue with a section of the bill that has to do with prohibitions on firearm possession for individuals who have a diagnosed substance abuse disorder. The following Republican senators voted against SB 5536:

  • Senator Mike Padden
  • Senator Ann Rivers
  • Senator Mark Schoesler
  • Senator Shelly Short
  • Senator Jim McCune
  • Senator Judy Warnick

The bill will now head to the House where it could undergo changes. Let's hope they don't water it down further. The drug crisis on our streets cannot be solved without some sort of law enforcement component to help incentivize treatment. 

Two kids dead in preventable crash

On Friday’s show, we discussed the tragic deaths of two children – 6 and 8 – who were killed by a drunk driver in a head-on collision near Sunnyside, Washington.

The Washington State Patrol says troopers spotted the 20-year-old suspect driving 111 mph down Interstate 90 about an hour before the deadly crash but could not pursue him because of the state’s restrictive law around police chases.

The deaths underscore the remarkable irresponsibly of Democratic leaders in Olympia, who have so far refused to make meaningful changes to the law they championed in 2021. Not only that, but some continue to peddle debunked data to gaslight the public into believing the law is saving innocent lives.

In January, Senator Manka Dhingra said those critical of the law were simply letting emotions get the best of them. I would challenge her to say that to the family of those two children.

In addition to the two deaths, a 5-year-old passenger and the 23-year-old driver of the victim vehicle, who was related to the children, were taken to Harborview Medical Center in Seattle.

If you watch one thing from unDivided this week ...

… make it my interview with Crosscut political reporter Joseph O’Sullivan. On the Wednesday show, we discussed the 15-year effort of state lawmakers to hide records from the people they serve.

Even after a 2018 Washington State Supreme Court decision found that lawmakers are not, in fact, exempt from producing records as part of the Public Records Act, Democrats in Olympia have started claiming “legislative privilege” as a way around the high-court ruling. When the practice was spotlighted at the end of 2022, Democratic leaders in the House and Senate failed to provide a plausible defense of it. 

Conveniently, they now deflect questions on the issue by pointing to pending litigation. One wonders why they are so eager to hide things from the people who put them in office.

Housekeeping

None!

Have a great week and thank you for your commitment to giving common sense a comeback!

 

 

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REMARKS: 'A fundamentally different approach to government'

These remarks were delivered to the Snohomish County Lincoln Day Dinner on May 17, 2024.

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'The Final Battle': Remarks to the Whatcom County Republican Party

The following remarks were delivered to the Whatcom County Lincoln Day Dinner on March 23, 2024, in Ferndale, Washington.

I struggled with what to talk to you about tonight. 

Well, that’s not true. I didn't struggle with what to talk to you about – I struggled with whether I was brave enough to say what I wanted to say. 

When I'm invited to speak to groups, I don't want to offend anyone or be too controversial. So, I reached out to a few of your fellow party members to ask whether any topics were off limits or wouldn't go over well with the crowd. 

I got some good advice. 

Then I decided to ignore that good advice entirely.

Too much is at stake to be polite. 

As we sit here tonight, we are in the final battle of a war. 

A war that has pit sanity against insanity. 

Pragmatism against idealism. 

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.

Most of us didn't even realize that a war was being fought. We were too caught up in our own lives and our own problems. ...

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A dispatch from Idaho: Tuesday, June 2
But rumors of people fleeing are overblown, right Mayor Katie Wilson?

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A dispatch from Idaho: Monday, June 1
Business flight from Washington didn't start with the passage of an income tax on millionaires.

Reminder: Regular live shows of unDivided will resume Wednesday, June 3.

Team unDivided is in Idaho to debunk the claim being made by Washington state Democrats that capital flight is a myth.

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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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