Minneapolis — Less than a week after the Hennepin County Attorney’s Office implemented a new policy that takes racial identity into account for plea bargains, the US Department of Justice announced it is conducting an investigation into the practice.
On social networks On Saturday, Assistant US Attorney General Harmeet Dhillon tweeted reading, “This letter is to inform you that the Department of Justice is opening an investigation to determine whether the Hennepin County Attorney’s Office (HCAO) is 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.”
After the policy began to be distributed, KARE 11 News reporter Lou Raguse obtained a copy from sources inside Hennepin County Attorney Mary Moriarty’s office.
The “Negotiations Policy for Cases Involving Adult Defendants” document outlines several factors for prosecutors to consider when negotiating and offering plea deals to criminal defendants, including the defendant’s race and age.
“While racial identity and age are not appropriate grounds for departures [from the Minnesota Sentencing Guidelines], proposed resolutions should take the person charged as a whole, including their racial identity and age.
While these factors should not be used as control variables, they should be considered in the overall analysis. Racial disparities harm our community, foster distrust, and have a negative impact on public safety. According to one section of the policy, prosecutors should identify and address racial disparities at decision points, as appropriate.
In addition to its race-based provisions, the new policy significantly alters how prosecutors handle cases. The policy provides examples such as “immigration impacts,” loss of employment, public benefits, housing, and student financial aid.
The controversial policy has sparked debate and raised constitutional concerns. KARE 11 spoke with several law professors, one of whom stated that the policy could be deemed unconstitutional if challenged in court, even if Moriarty’s office intentionally crafted the policy to avoid these legal issues.
“Lady Justice wears a blindfold for a reason. Under the leadership of @AGPamBondi and her team, @TheJusticeDept lawyers will investigate and take action as needed to identify government practices that may violate our civil rights norms,” Dhillon said on X Sunday morning.
In a statement to Kare 11, HCAO spokesperson Daniel Borgertpoepping said, “We are aware of the letter from the Department of Justice that was posted on social media but have not received it. Our office will cooperate with any subsequent investigation, and we are confident that our policy complies with the law.