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DOJ Investigates Hennepin County Attorney Over Race-Conscious Plea Policy

The Department of Justice is examining whether the policy improperly considers race in prosecutorial decisions, potentially violating constitutional rights.

The DOJ has written to Hennepin County Attorney Mary Moriarty -- pictured here in 2024.
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Overview

  • The DOJ’s Civil Rights Division has launched a formal investigation into the Hennepin County Attorney’s Office over its new plea policy that incorporates racial identity into prosecutorial decision-making.
  • The policy, titled 'Negotiations Policy for Cases Involving Adult Defendants,' directs prosecutors to assess racial identity as part of addressing disparities in the criminal justice system.
  • Assistant Attorney General Harmeet Dhillon, alongside Acting Associate Attorney General Chad Mizelle and Attorney General Pam Bondi, outlined the investigation’s focus on potential constitutional violations.
  • Hennepin County Attorney Mary Moriarty defends the policy as constitutional, stating it aims to address systemic racial disparities without treating defendants differently based on race.
  • The investigation follows the policy’s leak by internal employees, with the DOJ’s Special Litigation Section set to determine its legality and constitutionality.