The U.S. Department of Justice (DOJ) has launched a civil rights investigation into the Hennepin County Attorney’s Office (HCAO) in Minnesota over a policy directing prosecutors to consider the race of defendants when negotiating plea deals. The inquiry, announced in a letter dated May 2, signals potential federal concern over whether the office’s practices violate constitutional protections.
The letter, authored by Attorney General Pam Bondi, Assistant Attorney General for Civil Rights Harmeet Dhillon, and Acting Associate Attorney General Chad Mizelle, was sent to Hennepin County Attorney Mary Moriarty. It outlines a formal inquiry into whether the office “engaged in a pattern or practice of depriving persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States.”
At the center of the controversy is Moriarty’s newly implemented “Negotiations Policy for Cases Involving Adult Defendants.” The directive encourages prosecutors to weigh racial identity during plea negotiations, suggesting that doing so could help address longstanding racial disparities in the criminal justice system. According to the policy, race “should be part of the overall analysis,” and prosecutors are instructed to identify and address disparities “at decision points, as appropriate.”
Critics have labeled the policy as a form of racial favoritism that conflicts with the principle of equal treatment under the law. Some argue it opens the door to unequal justice based on racial background rather than facts or legal merit.
The Justice Department’s letter clarified that no conclusions have yet been drawn. “We will consider all relevant information, and we welcome your assistance in helping to identify what that might be,” the letter stated. The DOJ also emphasized a preference for cooperation over confrontation, noting its history of resolving such matters collaboratively.
The Special Litigation Section of the DOJ’s Civil Rights Division will oversee the investigation. Federal officials plan to work with Moriarty’s office to determine the scope of the inquiry and collect necessary information.
Moriarty, a former chief public defender, was elected in 2022 amid a broader wave of progressive prosecutors in the wake of George Floyd’s death and the national reckoning over police reform and racial equity. Backed by political action groups linked to left-wing billionaire George Soros, she has championed policies that emphasize “restorative justice,” alternatives to incarceration, and addressing “systemic bias.”
Moriarty has faced increasing scrutiny. In April, her office declined to prosecute a state employee who admitted to vandalizing several Tesla vehicles in what was described as a politically motivated act. Critics accused her of selective enforcement and leniency toward ideologically aligned offenders.
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