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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 78)
Washington, D.C., U.S.
Political partyDemocratic
Children2
EducationWesleyan University (BA)
Columbia University (JD)
WebsiteGovernment website

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 five 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]

Frosh was elected to his second term as attorney general on November 6, 2018.[3] In his first term, 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 U.S. Constitution.[4]

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

Early life and education

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.

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.[5]

Political career

State Senator Frosh with Governor Martin O'Malley

As both a delegate and senator, Brian Frosh has represented Maryland's District 16,[6] which includes parts of Chevy Chase, Bethesda, and Potomac.[7] Frosh is Jewish.[8]

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.[9]

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.[10]

Environment

Frosh sponsored a bill prohibiting drilling in the Marcellus Shale until certain conditions were met.[11]

Legislative record

In 2009, Frosh proposed changing the laws on protective orders to better protect domestic abuse victims against gun violence,[12][13] and in 2011, sought to provide temporary lodging for domestic violence victims.[14] Frosh also sponsored legislation increasing the guidelines that courts use to set child support payments.[15][16]

In 2010 Frosh supported legislation that would give the court the ability to put serious juvenile sex offenders on a registry.[17]

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.[18]

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.[19]

Frosh advocated the establishment of service standards and the imposition of penalties if electric utilities failed to provide reliable service.[20][21] In 2010, Frosh called on the Public Service Commission to investigate Pepco, and in 2011 introduced legislation calling for regulations and stiff penalties.[22] Although Frosh's original legislation passed the Senate,[23] ultimately, the House would only enact penalties that were more lenient than Frosh's proposal.[15]

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.[24] 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.[25] 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.[26]

Voter registration data

In response to a 2017 lawsuit by Judicial Watch which sought the release of voter registration data for Montgomery County, Frosh's office filed a court document demanding that Judicial Watch "identify any Russian nationals or agents of the Russian government with whom you have communicated concerning this lawsuit."[27]

Attorney General race of 2014

Frosh with supporters, June 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.[28]

Frosh, who was endorsed by Michael Bloomberg and the Washington Post, won a 3-way primary with 50% of the vote.[29] He then won the general election, defeating Republican Jeffrey Pritzker 56% to 41%.[30][31][32]

Attorney General

Frosh expanded the range of the Northeast and Mid-Atlantic Heroin Task Force.[33]

Frosh has argued against bail that defendants can't afford, which he believes could be unconstitutional.[34]

Frosh is leading a coalition of 12 state attorneys general opposing the federal government's plans to expand the scope of offshore drilling for oil and gas, including in waters off the coast of Maryland.[35] Frosh joined other state attorneys general in an effort to block the Trump administration from suspending higher penalties on automobile manufacturers that fail to comply with federal fuel efficiency standards.[36] He also is part of a multistate coalition challenging EPA's decision to roll back greenhouse gas emission standards for cars and light trucks.[37] 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.[38]

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.[39]

In August 2017, Frosh issued a cease and desist order against We Can Cer-Vive! The investigation found violations of the Maryland Solicitations Act by the organization and its owner.[40]

Lawsuits against the Trump Administration

As Maryland Attorney General, Frosh has joined lawsuits against the Trump Administration. Frosh joined a Washington State lawsuit against President Donald Trump's immigration executive order.[41] He joined a coalition of high-tax states suing the Trump Administration over the 2017 tax reform law.[42] 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.[43][44][45][46][47][48][49][50][51][52]

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.[53][54]

First Amendment lawsuit

In January 2019, a former Maryland Delegate filed a lawsuit against Governor Hogan and 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.[55]

Adnan Syed case

Frosh has consistently opposed Adnan Syed's search for justice in the case of the Murder of Hae Min Lee, which resulted in Syed's imprisonment. In June 2016, the Baltimore City Circuit Court granted Syed's request for a new trial and vacated his conviction, ruling that Syed's attorney "rendered ineffective assistance..." In May 2018, Frosh filed a petition with the Maryland Court of Appeals to deny Syed a new trial.[56] In October 2019, Frosh authored a legal brief[57] in opposition to Adnan Syed's petition for writ of certiorari to the United States Supreme Court. This case has been covered extensively in the podcast Undisclosed.[58] In late 2018, according to HBO,[59] Frosh offered Syed a plea deal for his conviction that would have required him to admit guilt and serve an additional four years in prison. Syed rejected the deal.

Attorney General race of 2018

On November 6, 2018, 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.[60][61][62][63]

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.[64][65]

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.[66]

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 0.01
Maryland Attorney General Election, 2018
Party Candidate Votes %
Democratic Brian Frosh 1,474,833 64.81
Republican Craig Wolf 799,035 35.11
Write-ins Write-ins 1,920 0.8

References

  1. ^ "Official 2006 Gubernatorial General Election results for State Senator". Maryland State Board of Elections. 2006.
  2. ^ "2010 General Election Official Results". Maryland State Board of Elections. December 1, 2010.
  3. ^ Duncan, Ian. "Democrat Brian Frosh, who has fought Trump policies, wins re-election as Maryland attorney general". baltimoresun.com.
  4. ^ "Attorneys General Of Maryland And D.C. Sue Trump Over His Businesses". NPR.org.
  5. ^ "Karp Frosh, P.A." June 27, 2011. Archived from the original on September 17, 2011. Retrieved June 27, 2011.
  6. ^ "State Senate, District 16, Democratic Primary". Post Politics. The Washington Post. September 14, 2011.
  7. ^ Ruoff, Alex (November 3, 2010). "Bethesda legislators stay close to home on issues". The Gazette.
  8. ^ Motkina, Alyona (October 30, 2014). "For Maryland, Brown and Frosh". Baltimore Jewish Times. Retrieved February 28, 2019.
  9. ^ "Archives of Maryland (Biographical Series): Brian E. Frosh". Maryland State Archives. March 14, 2011.
  10. ^ "Senate Candidates Differ on Transportation: Dist. 16 Challenger Robert Dyer supports the ICC and Techway while incumbent Brian Frosh says the projects would lead to sprawl". Potomac Almanac. November 3, 2010. Archived from the original on December 14, 2010. Retrieved May 27, 2011.
  11. ^ "Marcellus Shale Safe Drilling Act of 2011". Senate Bill 634. February 9, 2011.
  12. ^ "Family Law – Protective Orders – Surrender of Firearms". Maryland Senate Bill 267. January 23, 2009.
  13. ^ "Criminal Procedure - Temporary Lodging for Domestic Violence Victims". Maryland Senate Bill 811. 2011.
  14. ^ "Criminal Procedure - Temporary Lodging for Domestic Violence Victims". Maryland Senate Bill 50. January 18, 2011.
  15. ^ a b "Maryland Electricity Service Quality and Reliability Act - Safety Violations". Senate Bill 692. February 4, 2011.
  16. ^ "Child support payments boosted as legislators compromise". MarylandReporter.com. April 12, 2010.
  17. ^ "Criminal Procedure- Offender Registry- Minors". Senate Bill 441. April 2008.
  18. ^ "BILLS SPONSORED BY-FROSH - 2000 Regular Session". mgaleg.maryland.gov.
  19. ^ "Recent energy bills sponsored or cosponsored by Senator Frosh". May 27, 2011. Archived from the original on August 12, 2011. Retrieved May 27, 2011.
  20. ^ "Hey Pepco: There's an app for that". The Gazette. February 25, 2011.
  21. ^ "Letter to Douglas R. M. Nazarian, Chair of the Public Service Commission" (PDF). Brian Frosh. January 31, 2011. Archived from the original (PDF) on August 12, 2011. Retrieved May 27, 2011.
  22. ^ "Bill To Penalize Utilities IF They Fall Below Standards". WBAL-TV. February 4, 2011.
  23. ^ "Gas Companies and Electric Companies - Service Quality and Reliability Standards". Senate Bill 341. February 2, 2011.
  24. ^ "Commercial Law- Maryland Telephone Consumer Act". Senate Bill 88. July 1, 2005.
  25. ^ "Task Force to Study Identity Theft". Senate Bill 43. April 5, 2005.
  26. ^ "Maryland False Health Claims Act of 2010". Senate Bill 279. April 2010.
  27. ^ Hemingway, Mark (July 13, 2019). "Who Will Clean Up America's Voter Rolls?". RealClearPolitics.
  28. ^ "Frosh joins attorney general's race". The Baltimore Sun. July 30, 2013.
  29. ^ "Official 2014 Gubernatorial Primary Election results for Attorney General". Maryland Secretary of State. July 16, 2014. Retrieved July 30, 2014.
  30. ^ "Outgoing New York Mayor Michael Bloomberg endorses Frosh for Md. Attorney general". The Washington Post. December 18, 2013.
  31. ^ "Brian Frosh for Maryland attorney general". The Washington Post. May 8, 2014.
  32. ^ "Unofficial 2014 Gubernatorial General Election results for Attorney General". Maryland State Board of Elections. Retrieved December 1, 2014.
  33. ^ Johnson, Jenna (February 12, 2015). "Maryland joins East Coast task force focused on heroin trafficking". The Washington Post. Retrieved December 7, 2019.
  34. ^ Michael Dresser and James Fenton (October 11, 2016). "Maryland Attorney General Brian Frosh questions legality of bail defendants can't afford". Baltimore Sun.
  35. ^ "Attorneys General Fight Administration's Offshore Drilling Plans - NYU School of Law". www.law.nyu.edu. Retrieved March 13, 2019.
  36. ^ "California, other states set to challenge Trump over relaxed emissions rules". Automotive News. September 21, 2018. Retrieved March 13, 2019.
  37. ^ Dance, Scott. "Maryland joins 16 states and D.C. to sue EPA over vehicle emissions standards". baltimoresun.com. Retrieved March 13, 2019.
  38. ^ Jr, Edward Ericson (April 26, 2018). "Maryland Claws $33.5M More From Volkswagen". courthousenews.com. Retrieved March 13, 2019.
  39. ^ "Deceptive veterans charity dissolved". WMAR. November 9, 2017. Retrieved March 13, 2019.
  40. ^ Wells, Carrie. "State accuses Maryland charity of fraud". baltimoresun.com. Retrieved March 13, 2019.
  41. ^ "AG: Maryland will join lawsuit opposing new immigration ban".
  42. ^ Josh Hicks (February 1, 2018). "Maryland Attorney General to sue Trump administration over federal tax plan". Washington Post.
  43. ^ Valerie Richardson. "Democratic attorneys general who combined to target Exxon now pounce on Trump". The Washington Times.
  44. ^ Lori Aratani (June 28, 2018). "Maryland challenges the FAA over flight paths at National and BWI airports". Washington Post.
  45. ^ Jean Marbella (April 3, 2018). "Maryland attorney general joins suit against Trump administration over Census citizenship question". Baltimore Sun.
  46. ^ "Judge allows Maryland, DC to sue Trump over president's businesses". Baltimore Sun. March 28, 2018.
  47. ^ Doug Donovan (May 8, 2018). "Democratic attorneys general, including Maryland's Frosh, pushing on after New York scandal". Baltimore Sun.
  48. ^ Lisa Lambert (October 17, 2017). "US States sue Trump Administration over for-profit college rule".
  49. ^ Scott Dance (April 28, 2017). "Trump signs order to restart exploration of Atlantic, Arctic fuel drilling". Baltimore Sun.
  50. ^ "End of Obamacare subsidies creates an uproar". Baltimore Sun. April 28, 2017.
  51. ^ David McFadden (September 14, 2018). "Maryland lawsuit seeks to protect Affordable Care Act from 'sabotage'". Baltimore Sun.
  52. ^ Scott Dance (September 17, 2018). "Maryland is taking the EPA to court over air pollution coming from upwind states". Baltimore Sun.
  53. ^ Erin Cox (January 23, 2018). "Maryland Gov. Larry Hogan withholds money to sue Trump administration". Baltimore Sun.
  54. ^ Christina Tkacik (February 18, 2019). "Attorney General Frosh sues President Trump over national emergency, says Maryland would lose millions". Baltimore Sun.
  55. ^ Reed, Lillian (January 9, 2019). "Maryland man sues Hogan, Frosh for executive order forbidding contracts with those who boycott Israel". The Baltimore Sun. Retrieved January 10, 2019.
  56. ^ Witte, Brian (May 14, 2018). "Prosecutors seek to stop new trial in 'Serial' podcast case". Associated Press. Retrieved December 7, 2019.
  57. ^ Frosh, Brian E. (October 18, 2019). "Brief in Opposition to a Petition for a Writ of Certiorari" (PDF). SupremeCourt.gov. Retrieved December 7, 2019.
  58. ^ "Undisclosed Podcast". Undisclosed-Podcast.com. Undisclosed, LLC. Retrieved December 7, 2019.
  59. ^ Prudente, Tim (March 31, 2019). "HBO finale reveals Adnan Syed had been offered a recent plea deal in murder case featured in 'Serial' podcast". The Baltimore Sun. Retrieved December 7, 2019.
  60. ^ Greg Larry (March 12, 2018). "Former county resident running for attorney general". Cumberland Times-News.
  61. ^ Rachel Chason (September 23, 2018). "Maryland attorney general's race is a referendum on Trump". Washington Post.
  62. ^ Joy Lepola & Paul McGrew (October 1, 2018). "September Violence Becomes Issue in AG Race". Fox News.
  63. ^ Ian Duncan (October 17, 2017). "Fight Trump or Baltimore's violence? Question is at heart of Maryland attorney general's race". Baltimore Sun.
  64. ^ Bruce DePuyt (October 18, 2018). "Frosh, Wolf get personal in highly-charged law school debate". WTOP news.
  65. ^ Luke Broadwater (September 14, 2018). "In Maryland attorney general race, a debate over debates". Baltimore Sun.
  66. ^ "Pitbull Panel Looks to One Standard for All Breeds". Baltimore Sun. 2012. Retrieved June 20, 2012.
Sources
Legal offices
Preceded by Attorney General of Maryland
2015–present
Incumbent