The Justice Department has initiated a civil rights investigation into a recent directive from the Hennepin County Attorney’s Office in the Minneapolis area. This directive permits prosecutors to factor in race while negotiating plea deals with criminal defendants.
Attorney General Pam Bondy, along with acting assistant attorney general Chad Mizzell and civil rights division attorney general Harmmuyron, communicated to Hennepin County Attorney Mary Moriarty that they are assessing whether constitutional rights are being upheld within the county’s prosecutorial practices.
A letter dated May 2 announced the “Negotiation Policy for Cases Including Adult Defendants.” Under this policy, prosecutors are instructed to consider race when making plea offers, stating that “racial identity should be part of the overall analysis” and prosecutors should address racial disparities at key decision points.
The inquiry will specifically examine whether HCAO is engaging in illegal racial considerations when making prosecutorial decisions, as indicated in a letter shared by Dillon.
Bondy, Mizelle, and Dhillon mentioned the investigation would entail a thorough review of HCAO policies and practices that could involve illegal racial consideration in prosecutorial decisions.
Dillon also sanctioned a comprehensive investigation to assess whether HCAO is involved in any practices that infringe on rights protected by the U.S. Constitution or laws.
The letter stressed that no conclusions had yet been reached, and urged cooperation in gathering relevant information during the investigation. The Justice Department has previously worked with jurisdictions of various sizes across the country to resolve civil rights inquiries without resorting to litigation.
The Civil Rights Division’s special litigation section will take the lead on this investigation and will reach out to Moriarty.
Moriarty ascended to her current role after a wave of progressive district attorneys took office in the aftermath of protests stemming from the Black Lives Matter movement in Minneapolis. She has connections to funding from major donor George Soros, who is well-known for supporting progressive causes.
Having transitioned from her role as the county’s chief public defender, Moriarty became Hennepin County Attorney in January 2023, pledging accountability in policing in the wake of George Floyd’s death.
Despite her promises of significant reform, Moriarty has encountered backlash, including criticisms from local officials and some former supporters. Accusations have arisen regarding lenient sentencing for violent crimes and decisions to divert offenders to treatment programs instead of prison.
Following accusations against white state police officers related to the death of a Black man last summer, several police officials and activists have criticized Moriarty. Police leaders have even launched a campaign urging Governor Tim Waltz to reassign prosecutors under her leadership.
Recently, Northstar Republicans voiced discontent, claiming Moriarty failed to pursue charges against Walz’s staff for allegedly damaging multiple Tesla vehicles—a matter the Trump administration deemed “domestic terrorism” in its nationwide efforts to address such vandalism.
