The U.S. Department of Justice has launched a civil rights probe into the Hennepin County Attorney’s Office over a controversial directive encouraging prosecutors to factor in a defendant’s race when negotiating plea deals.
In a letter dated May 2, Attorney General Pam Bondi, Assistant Attorney General Harmeet Dhillon, and Acting Associate Attorney General Chad Mizelle informed Hennepin County Attorney Mary Moriarty of the investigation. They said the DOJ would examine whether Moriarty’s office has engaged in “a pattern or practice” of violating constitutional or federal rights.
The investigation centers on Moriarty’s recently adopted “Negotiations Policy for Cases Involving Adult Defendants,” which instructs prosecutors to include racial identity as part of plea deal considerations. The policy explicitly states that “racial identity… should be part of the overall analysis,” and encourages addressing racial disparities “at decision points.”
Critics, including Republican lawmakers and law enforcement advocates, say this amounts to racial favoritism and politicizes the justice system. The policy has drawn additional scrutiny due to Moriarty’s track record of controversial decisions, including her refusal to charge a state employee who admitted to a politically motivated vandalism spree targeting Tesla vehicles.