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Brian Frosh

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Brian Frosh
46th Attorney General of Maryland
Assumed office
January 21, 2015
GovernorLarry Hogan
Preceded byDoug Gansler
Member of the Maryland Senate
from the 16th district
In office
January 11, 1995 – January 6, 2015
Preceded byHoward Denis
Succeeded bySusan C. Lee
Member of the Maryland House of Delegates
from the 16th district
In office
1987–1995
Preceded byMarilyn R. Goldwater
Connie Morella
Succeeded byMarilyn R. Goldwater
Personal details
Born (1946-10-08) October 8, 1946 (age 77)
Washington, D.C., U.S.
Political partyDemocratic
Children2
EducationWesleyan University (BA)
Columbia University (JD)

Brian E. Frosh (born October 8, 1946) is an American politician from Maryland and a member of the Democratic Party. He is the Attorney General for the state of Maryland. He also served 5 terms in the Maryland State Senate, representing Maryland's District 16 in Montgomery County. Prior to serving in the Senate, Frosh also represented District 16 in the Maryland House of Delegates, serving two four-year terms.[1][2]

Attorney General Frosh was elected to his second term as Attorney General on November 6, 2018[3]. In his first term, Attorney General Frosh joined Karl Racine, attorney general of the District of Columbia, in filing a lawsuit against Donald Trump, alleging he had violated the foreign and domestic emoluments clauses of the Constitution.[4]

Frosh's office has been fighting to preserve the conviction of Adnan Syed, who, based on the testimony of a witness coached by the Baltimore Police Department, was convicted in 2000 of murdering Hae Min Lee. Syed has insisted for two decades that he is innocent.[5][6][7]

Frosh is also known for filing numerous lawsuits against the Trump Administration.

Background

Born on October 8, 1946, Brian Frosh grew up in Montgomery County, Maryland. He received a B.A. degree from Wesleyan University and a J.D. degree from the Columbia University School of Law. After joining the Maryland Bar in 1972, he worked in private practice, which he continues to maintain in downtown Bethesda. He and his wife have two daughters. As both a delegate and senator, Brian Frosh has represented Maryland's District 16,[8] which includes parts of Chevy Chase, Bethesda, and Potomac.[9] Frosh is Jewish.[10]

In the legislature

As senator, Frosh served as chair of the Judicial Proceedings Committee and vice-chair of the Rules Committee. He was a member of the Executive Nominations Committee, Legislative Policy Committee, Special Committee on State Employee Rights and Protections, and Joint Oversight Committee on the Department of Juvenile Services.

Prior to serving in the Senate, Frosh represented Montgomery County in the Maryland House of Delegates from 1987 to 1995. In this role, he was a member of the Environmental Matters Committee, Tort and Insurance Reform Oversight Committee, and Joint Committee on Legislative Ethics.[11]

Frosh brought state funding into the district to build the Capital Crescent Trail, build sound barriers, and fund programs like those at the National Center for Children and Families, the Ivymount School, Imagination Stage, Adventure Theatre and Glen Echo Park.[12]

Environment

Senator Frosh sponsored a bill prohibiting drilling in the Marcellus Shale until certain conditions were met.[13]

Legislative record

In 2009, Frosh proposed changing the laws on protective orders to better protect domestic abuse victims against gun violence,[14][15] and in 2011, sought to provide temporary lodging for domestic violence victims.[16] Frosh also sponsored legislation increasing the guidelines that courts use to set child support payments.[17][18]

In 2010 Frosh supported legislation that would give the court the ability to put serious juvenile sex offenders on a registry.[19]

Public Education

As senator, Frosh worked to draft the law that provides a waiver of tuition and fees to state universities for children in foster care.[20]

Energy

As senator, Frosh worked on a number of bills intended to promote energy efficiency, hold down energy costs and reduce the environmental impacts of energy production and use.[21]

Frosh advocated the establishment of service standards and the imposition of penalties if electric utilities failed to provide reliable service.[22][23] In 2010, Frosh called on the Public Service Commission to investigate Pepco, and in 2011 introduced legislation calling for regulations and stiff penalties.[24] Although Frosh’s original legislation passed the Senate,[25] ultimately, the House would only enact penalties that were more lenient than Frosh’s proposal.[17]

Privacy and Consumer Law

As chair of the Judicial Proceedings Committee, former Senator Frosh had responsibility for legislation in the Senate dealing with privacy and consumer laws. He sponsored bills protecting the privacy of citizens’ personal information in Motor Vehicle Administration files and authorizing Maryland’s Attorney General to prosecute violators of Federal anti-telemarketing regulations.[26] The Judicial Proceedings Committee approved legislation establishing a task force to recommend identity theft remedies, beefing up the original bill at former Senator Frosh’s recommendation to pay specific attention to protecting social security numbers.[27] Former Senator Frosh has also sponsored bills banning minimum price fixing and creating new tools to crack down on people who defraud the State’s Medicaid program.[28]

Frosh joined the Maryland Bar in 1971 and the District of Columbia Bar in 1972. He was a partner at the law offices of Karp, Frosh, Lapidus, Wigodsky, & Norwood, P.A working in business litigation, commercial litigation, and real estate law.[29]

Attorney General race of 2014

On October 9, 2012, Frosh announced that he had formed an exploratory committee for election to Attorney General. On July 30, 2013, he officially announced his decision to run.[30]

Frosh, who was endorsed by Michael Bloomberg and the Washington Post, won a 3-way primary with 50% of the vote.[31] He then won the general election, with 56% of the vote, against 41% for Republican Jeffrey Pritzker.[32][33][34]

Attorney General

Public Safety

From effective joint prosecutions of dangerous criminals to strengthening Maryland's heroin trafficking efforts by expanding the range of the Northeast and Mid-Atlantic Heroin Task Force [35], Attorney General Frosh has worked for greater public safety in all of Maryland's communities. In a first-of-its-kind effort, he has linked local prosecutors across the state through an initiative that leverages resources in the Office of the Attorney General to tackle complex multi-jurisdictional and multi-defendant cases in organized crime, crimes of exploitation, environmental degradation and fraud and corruption.

Organized Crime
 The Organized Crime Unit handles complex investigations and prosecutions of criminal gang activities, firearms and narcotics trafficking, and violent felonies. Since its inception in the summer of 2015, the Unit has charged nearly 200 defendants for crimes relating to violence, gang participation, drug trafficking, overdoses cases, witness intimidation, obstruction of justice, prison corruption, human trafficking, commercial and serial robberies, carjackings, firearms offenses, pill mills and more. The Unit brought 15 indictments against members of a drug ring with ties to the gang known as the Black Guerilla Family [36]. The Unit also indicted 26 members of multiple drug rings operating in the Baltimore metropolitan area [37]. The Unit, in partnership with the DEA and local law enforcement, convicted a large scale heroin and cocaine dealer who is now serving a 25-year prison sentence. In partnership with the ATF, the Unit indicted members of a burglary ring conspiring to commit burglaries to steal firearms, including assault rifles [38]. Working with the Maryland State Police's Gun Unit, the Unit has indicted numerous individuals who attempted to possess firearms despite having disqualifying convictions [39]. The Unit, in partnership with the FBI and Baltimore Police, indicted the leader and numerous codefendants of an armed and violent drug trafficking ring operating in Baltimore City [40].

Frosh has argued against bail that defendants can't afford, which he believes could be unconstitutional.[41]

Environment

Since taking office, Attorney General Frosh has continued his efforts to protect the environment. Offshore Drilling - Attorney General Frosh is leading a coalition of 12 state Attorneys General opposing the federal government's plans to dramatically expand the scope of offshore drilling for oil and gas, including in waters off the coast of Maryland[42]. Attorney General Frosh joined other state Attorneys General in a successful effort to block the Trump administration from suspending higher penalties on automobile manufacturers that fail to comply with federal fuel efficiency standards[43]. He also is part of a broad multistate coalition challenging EPA's decision to roll back greenhouse gas emission standards for cars and light trucks[44]. Attorney General Frosh negotiated a $33.5 million settlement agreement with Volkswagen AG and its affiliates, Audi AG and Porsche AG. The agreement settles an enforcement action for the auto manufacturers' use of “defeat devices" in certain models of their vehicles in violation of Maryland's air quality control laws [45].

Consumer Protection

Attorney General Frosh has continued the office’s tradition of protecting Marylanders from fraud and deceptive business practices. In addition to individual claims, the office undertakes major investigations and participates in litigation on behalf of Marylanders. In 2017, Maryland joined 21 other states, the District of Columbia, and the U.S. Department of Justice in an investigation of Moody’s Corporation and Moody’s Investor’s Service, resulting in an $863,791,823 million settlement agreement. Maryland received $12 million of that settlement. [46]. The investigation revealed that Moody’s had not been independent and objective when rating structured finance securities. These securities, particularly those backed by subprime mortgages, were at the center of the financial crisis.

In September 2017, after residents of the Lynnhill Condominium community were left without power [47], the Attorney General’s Consumer Protection Division secured a $100,000 settlement [48] with Potomac Electric Power Company and Washington Gas Light Company. The settlement required Pepco and WGL to pay $100,000 to Lynnhill occupants affected by the service terminations and to as-sist Prince George’s County residents who need help paying their winter heating bills.

In September 2017, Baltimore City Circuit Court Judge Althea Handy denied the relief sought in an appeal by Phillip Rousseaux, owner of Everest Wealth Management and Everest Invest Advisors, and affirmed the Attorney General’s sanctions against Rousseaux. Rousseaux and his companies were known for frequent “The Money Guys” infomercials that were a part of Rousseaux’s marketing campaign to attract customers with promises of guaranteed returns and limited risk. Rousseaux had sought an appeal in the Circuit Court. Rousseaux’s investment adviser registration was revoked for one year, he was barred from acting as an investment adviser representative, and fined $255,000 [49].

Frosh’s Consumer Protection Division also issued a Final Order finding that Blue Sky Films and Martin Gruber repeatedly violated the Consumer Protection Act and required them to return $380,834.42 to consumers and to pay penalties and costs of $136,564. Blue Sky Films was found to have violated Maryland law in 112 instances for advertising that they would record and produce edited videos of wedding ceremonies, receptions, and other major events, but failing to deliver the promised videos or to provide refunds [50]. For many consumers who did have their weddings recorded by Blue Sky Films, the company refused to provide even the raw, unedited foot-age of the wedding, which would allow the consumers to obtain editing services elsewhere.

Attorney General Frosh reached a settlement with VietNow National Headquarters, Inc., resulting in the organization’s dissolution. VietNow, which also used the name VeteransNow, had been raising money using deceptive telemarketing solicitation scripts. [51]

In August 2017 Attorney General Frosh issued a Cease and Desist Order against We Can Cer-Vive! The investigation found multiple violations of the Maryland Solicitations Act by the organization and its owner. Violations included using false and misleading advertising materials when soliciting and failing to register with the Secretary of State before soliciting. We Can Cer-Vive! solicited charitable donations and falsely claimed to be a 501(c)(3) organization using its website, various social media outlets, and at fundraising events prior to the cease and desist order [52] .

Lawsuits against the Trump Administration

As Maryland Attorney General, Frosh has regularly joined lawsuits against the Trump Administration. Frosh joined a Washington State lawsuit against President Donald Trump's immigration executive order.[53] He joined a coalition of high-tax States suing the Trump Administration over the 2017 tax reform law.[54] He has also joined lawsuits against Trump over a citizenship question on the 2020 Census, the Emoluments Clause, greenhouse gasses, regulatory rollbacks, vehicle emissions standards, airplane noise, contraception coverage in health insurance, regulation of for-profit colleges, offshore drilling, Obamacare subsidies, what he described as Trump's "attempts to sabotage" Obamacare, air pollution, his declaration of a national emergency at the Mexican border, and pesticide labelling.[55][56][57][58][59][60][61][62][63][64]

The Maryland legislature appropriated $1 million for Frosh to hire five additional attorneys to handle the anti-Trump lawsuits. But Maryland Governor Larry Hogan withheld the funds, saying that it wasn't a good use of the State's money.[65][66]

First Amendment lawsuit

In January 2019, a former Maryland Delegate filed a lawsuit against Attorney General Frosh relating to a violation of First Amendment Rights. Specifically, through an Executive Order, Maryland has banned citizens who support the Boycott, Divestment and Sanctions (BDS) campaign from bidding on state contracts.[67]

Syed case

Frosh's office[68], in the person of Thiruvendran Vignarajah, has argued since 2010 against a new trial for Adnan Syed, who was convicted in 2010 of the Murder of Hae Min Lee.[69]

Syed's conviction was based on cell tower pings which the State asserted placed Syed in the region where the body was found, and testimony of a purported eyewitness.[70]

The State's cell phone expert was not informed that AT&T said incoming phone calls were not reliable for location. He then proceeded to testify that certain pings from incoming calls placed Syed near the burial site.[71][70]

The Undisclosed podcast found that that the State's key witness told a different story each of the three times he was interviewed by the police, and the final, taped interview, a loud tap was often heard when the witness lost his way. Following the tap, the witness would resume telling his story.[5] There was also an alibi witness for Syed who did not testify because Syed's attorney failed to contact her prior to trial.[72]

On 29 March 2018, Maryland's Court of Special Appeals upheld a ruling that Syed was entitled to a new trial, based on the alibi witness.[72] On 14 May 2018, the State of Maryland appealed the ruling.

On 8 March 2019, Maryland's Court of Appeals overturned the ruling, denying Syed a new trial. Frosh said "We are pleased with the court’s decision. Justice was done for Hae Min Lee and her family."[73]

Attorney General race of 2018

On November 6, 2018, Attorney General Frosh was elected for another term in office, having defeated Republican challenger Craig Wolf. Frosh campaigned on progressive policies including reduced bail for poor defendants and litigating against the Trump Administration.[74][75][76][77]

Debate

Frosh and opponent Craig Wolf debated at the University of Maryland Law School after Frosh declined an invitation to a televised debate. Wolf attacked Frosh for focusing on national issues instead of Maryland crime, particularly crime in Baltimore. Frosh said he had convicted hundreds of the most dangerous people in Maryland, including drug traffickers and gang members. Wolf also took aim at Frosh's lawsuits against Trump, saying that Frosh was taking resources which should be used to promote public safety in Maryland, and instead using them to sue the Federal Government. Frosh said that he was defending affordable health care and protecting endangered species from offshore drilling.[78][79]

Task force, boards, and commissions

In 2012, Frosh was appointed by Maryland legislative leaders to chair a task force to study the impact of a Maryland Court of Appeals ruling regarding the liability of owners of pit bulls and landlords that rent to them.[80]

Electoral history

Maryland House of Delegates 16th District Democratic Primary Election, 1986
Party Candidate Votes %
Democratic Nancy Kopp (inc.) 10,150 25
Democratic Brian Frosh 8,419 20
Democratic Gilbert Genn 6,686 16
Democratic Roberta Hochberg 5,931 14
Democratic Kevin Dwyer 4,430 11
Democratic Cathy Bernard 3,381 8
Democratic Charles Chester 2,141 5
Maryland House of Delegates 16th District Election, 1986
Party Candidate Votes %
Democratic Nancy Kopp (inc.) 20,823 20
Democratic Gilbert Genn 20,570 20
Democratic Brian Frosh 20,145 20
Republican Carol Trawick 13,730 13
Republican William Colliton 13,727 13
Republican John Whitney 13,476 13
Maryland House of Delegates 16th District Democratic Primary Election, 1990
Party Candidate Votes %
Democratic Nancy Kopp (inc.) 11,027 31
Democratic Brian Frosh (inc.) 10,773 30
Democratic Gilbert Genn (inc.) 9,926 28
Democratic Jonathan Cohen 3,968 11
Maryland House of Delegates 16th District Election, 1990
Party Candidate Votes %
Democratic Nancy Kopp (inc.) 22,397 23
Democratic Brian Frosh (inc.) 21,901 22
Democratic Gilbert Genn (inc.) 21,022 21
Republican Robert McCarthy 12,298 12
Republican Nelson Rosenbaum 10,753 11
Republican George Jenkins 10,602 11
Maryland State Senate 16th District Democratic Primary Election, 1994
Party Candidate Votes %
Democratic Brian Frosh 11,589 90
Democratic John Ward 991 8
Democratic Isaac Babazadeh 353 3
Maryland State Senate 16th District Election, 1994
Party Candidate Votes %
Democratic Brian Frosh 25,292 64
Republican Daniel Cronin 14,377 36
Maryland State Senate 16th District Election, 1998
Party Candidate Votes %
Democratic Brian Frosh (inc.) 28,311 69
Republican Augustus Alzona 12,564 31
Maryland State Senate 16th District Election, 2002
Party Candidate Votes %
Democratic Brian Frosh (inc.) 32,478 72.06
Republican Tom Devor 12,563 27.87
Write-ins Write-ins 30 0.07
Maryland State Senate 16th District Election, 2006
Party Candidate Votes %
Democratic Brian Frosh (inc.) 35,290 75.7
Republican Robert Dyer, Jr. 11,317 24.3
Write-ins Write-ins 28 0.1
Maryland State Senate 16th District Election, 2010
Party Candidate Votes %
Democratic Brian Frosh (inc.) 30,762 70.5
Republican Jerry Cave 12,815 29.4
Write-ins Write-ins 39 0.1
Maryland Attorney General Democratic Primary Election, 2014
Party Candidate Votes %
Democratic Brian Frosh 228,360 49.6
Democratic Jon Cardin 139,582 30.3
Democratic Aisha Braveboy 92,664 20.1
Maryland Attorney General Election, 2014
Party Candidate Votes %
Democratic Brian Frosh 935,846 55.8
Republican Jeffrey Pritzker 682,265 40.7
Libertarian Leo Wayne Dymowski 57,069 3.4
Write-ins Write-ins 2,089 0.1

References

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  58. ^ "Judge allows Maryland, DC to sue Trump over president's businesses". Baltimore Sun. March 28, 2018.
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Sources
Legal offices
Preceded by Attorney General of Maryland
2015–present
Incumbent