Justice Department Launches Civil Rights Probe into Hennepin County Attorney’s Office Over Race-Based Plea Deal Directive
The United States Justice Department has initiated a civil rights investigation into the Hennepin County Attorney’s Office (HCAO) in Minnesota, focusing on a recently implemented directive instructing prosecutors to consider race during plea negotiations with criminal defendants. The investigation was formally announced in a letter addressed to Hennepin County Attorney Mary Moriarty, signaling a significant escalation of scrutiny surrounding the office’s policies and practices.
The letter, dated May 2, was jointly issued by Attorney General Pam Bondi, Acting Associate Attorney General Chad Mizelle, and Assistant Attorney General of the Civil Rights Division Harmeet Dhillon. It outlines the Justice Department’s concern that the HCAO may be engaged in a pattern of practice that deprives individuals of rights, privileges, or immunities guaranteed by the Constitution or laws of the United States.
At the heart of the investigation is Moriarty’s "Negotiations Policy for Cases Involving Adult Defendants," which explicitly directs prosecutors to consider race when formulating plea offers. The policy states that "racial identity… should be part of the overall analysis" and that prosecutors "should be identifying and addressing racial disparities at decision points, as appropriate."
The Justice Department’s investigation will specifically examine whether the HCAO’s policies and practices result in the illegal consideration of race in prosecutorial decision-making. Dhillon emphasized the gravity of the situation by sharing the letter on social media, highlighting the potential for the HCAO to be engaging in a pattern or practice of depriving individuals of their constitutional rights.
The investigation will involve a comprehensive review of all relevant HCAO policies and practices that may involve the consideration of race in prosecutorial decisions. The Justice Department has assured Moriarty that it has not yet reached any conclusions about the matter and will consider all relevant information. They have also requested Moriarty’s cooperation in identifying and providing such information.
The Civil Rights Division’s Special Litigation Sections will oversee the investigation and will contact Moriarty’s office to establish a mutually convenient time to discuss the parameters of the investigation, including the scope of information to be sought. The Justice Department has expressed its hope that the investigation can be resolved without contested litigation, citing its experience in working with jurisdictions across the nation to enforce civil rights statutes.
Moriarty, a former chief public defender for Hennepin County, assumed the position of Hennepin County Attorney in January 2023. Her election occurred amidst a wave of progressive district attorneys who gained office in the aftermath of the death of George Floyd in Minneapolis and the subsequent Black Lives Matter protests.
Moriarty’s campaign promises centered on holding police accountable and addressing systemic issues within the criminal justice system. Her platform resonated with many community leaders and the state Democratic Party. She has also received support from groups associated with financier George Soros, a prominent backer of progressive causes.
However, since taking office, Moriarty has faced growing criticism, even from former supporters, over her handling of certain cases. Critics have questioned decisions to seek lighter sentences for violent crimes in some instances and to divert more people to programs instead of jail.
One particularly controversial case involved Moriarty’s decision to charge a White state trooper with the killing of a Black man, only to later drop the charges. This decision drew condemnation from police officers, local officials, and some progressive activists. The Minnesota Police and Peace Officers Association launched a campaign urging Governor Tim Walz to reassign the prosecution away from Moriarty.
More recently, Republicans in Minnesota have criticized Moriarty for failing to charge a Walz staffer allegedly involved in vandalizing Tesla vehicles. This incident has further fueled accusations of a two-tiered justice system, with critics alleging that political connections influenced the decision not to prosecute.
The Justice Department’s investigation into the Hennepin County Attorney’s Office underscores the complex and sensitive nature of addressing racial disparities in the criminal justice system. While proponents of race-conscious policies argue that they are necessary to correct historical injustices and ensure equitable outcomes, critics contend that such policies can lead to reverse discrimination and violate the principle of equal treatment under the law.
The outcome of the investigation could have far-reaching implications for prosecutorial practices nationwide. It will likely be closely watched by civil rights advocates, law enforcement officials, and legal scholars alike. The investigation will also undoubtedly contribute to the ongoing debate about the role of race in the criminal justice system and the appropriate measures to address racial disparities.
