An Impeachable Offense
Add dereliction of duty to list of traits held by Maryland Attorney General Brian Frosh:
Attorney General Brian E. Frosh on Wednesday declined Gov. Larry Hogan’s directive to intervene in a federal case about the constitutionality of a huge cross-shaped war memorial in Bladensburg, drawing a sharp rebuke from the governor.
Hogan had directed Frosh weeks ago to file a brief about the 40-foot memorial on public property, known as the Peace Cross.
Hogan said the 92-year-old cross to honor World War I veterans does not imply the government’s endorsement of Christianity, as a federal court had found last month, and Maryland should defend the monument.
Frosh responded to Hogan’s request on Wednesday by saying it’s not the appropriate time in the appellate process to file an amicus brief. The 4th U.S. Circuit Court of Appeals is weighing whether the full circuit will review the ruling by a three-member panel. Hogan called Frosh’s response a “dereliction” of his duties.
As you know, Frosh has been freestyling as Attorney General in recent months. Frosh was empowered by the unconstitutional Maryland Defense Act to sue the federal government in order to “protect Marylanders” even in cases where Marylanders have no legal standing. So far Frosh has used this power to undertake several partisan political stunts masquerading as courageous stances that show Frosh doesn’t respect the rule of law.
Frosh’s refusal to intervene in the Peace Cross case enters new territory, however. Article V, Section 3, Paragraph a, clause 2 of The Constitution of Maryland states that the Attorney General shall:
Investigate, commence, and prosecute or defend any civil or criminal suit or action or category of such suits or actions in any of the Federal Courts or in any Court of this State, or before administrative agencies and quasi legislative bodies, on the part of the State or in which the State may be interested, which the General Assembly by law or joint resolution, or the Governor, shall have directed or shall direct to be investigated, commenced and prosecuted or defended.
In this case, Frosh was directed by Governor Hogan to file a brief in the Peace Cross case. Frosh is refusing to do it. Frosh is taking a stand against a directive from the Governor, a directive that would protect the interests of the people of Maryland, for cheap partisan purposes.
So we have an Attorney General acting as an unconstitutional fourth branch of government filing lawsuit after lawsuit against the federal government with no oversight, while at the same time refusing a lawful and constitutional directive from the Governor.
While Frosh’s involvement in a climate scandal and refused to release documents to the press were bad on their own mertis, this is an entirely new low for Frosh and his hyperpartisan Attorney General’s office. Instead of working for the people of Maryland, Frosh continues to work to weaponize Maryland’s legal system as a partisan tool against Governor Hogan and a partisan tool against the people of our state.
If Brian Frosh doesn’t want to do his job, he should probably resign his office. But since the Democrats are so hot to impeach somebody right now, maybe they should start by impeaching Brian Frosh.