DOJ opens probe after left-wing DA requires prosecutors to consider race in plea deals

The Justice Department has opened a civil rights investigation into the Minneapolis-area Hennepin County Attorney’s Office’s new directive for its prosecutors to consider race when negotiating plea deals with criminal defendants. 

Attorney General Pam Bondi, Acting Associate Attorney General Chad Mizelle and Assistant Attorney General of the Civil Rights Division Harmeet Dhillon informed Hennepin County Attorney Mary Moriarty in a letter that the Justice Department is opening a probe into whether the Hennepin County Attorney’s Office "engaged in a pattern of practice of depriving persons of rights, privileges or immunities secured or protect by the Constitution or laws of the United States." 

The letter, dated May 2, cited Moriarty’s recently adopted "Negotiations Policy for Cases Involving Adult Defendants," which instructs prosecutors to consider race when formulating plea offers, stating 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."  

"In particular, the investigation will focus on whether HCAO engages in illegal consideration of race in its prosecutorial decision-making," they said in the letter, which Dhillon shared on X.

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Bondi, Mizelle and Dhillon said their investigation will include "a comprehensive review of all relevant HCAO policies and practices that may involve the illegal consideration of race in prosecutorial decision-making." 

Dhillon has also authorized a "full investigation to determine whether the 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." 

"Please be assured that we have not reached any conclusions about the subject matter of the investigation," their letter addressed to Moriarty said. "We will consider all relevant information, and we welcome your assistance in helping to identify what that might be. We would appreciate your cooperation in our investigation. In our years enforcing civil rights statutes involving state and local law enforcement agencies, we have worked with jurisdictions of all sizes across the nation to resolve investigations, usually without contested litigation."

 LEFT-WING DA FORCING PROSECUTORS TO CONSIDER 'RACIAL IDENTITY' IN PLEA DEALS

The letter said the Civil Rights Division’s Special Litigation Sections will oversee the investigation and will be in contact with Moriarty "shortly to set up a mutually agreeable date and time to discuss the parameters of this investigation, including the scope of information that we will be seeking from you." 

Fox News Digital reached out to Moriarty's office and the DOJ for comment on Sunday. 

Moriarty was elected among a wave of progressive district attorneys who took office following the death of George Floyd in Minneapolis and subsequent Black Lives Matter protests and riots. She has been backed by groups tied to money from megadonor George Soros, one of the most prominent backers of progressive issues in the United States.

The former chief public defender for the county, Moriarty became the Hennepin County Attorney in January 2023 after promising to deliver on holding police accountable in the community where Floyd was killed. 

Moriarty’s two immediate predecessors had been in office for a combined 31 years, and her promises of dramatic changes had the backing of the state Democratic Party and community leaders. Since then, however, Moriarty has faced fierce backlash, even among some former supporters, as critics questioned decisions to seek lighter sentences for violent crimes in some cases and to divert more people to programs rather than jail.

Police officers, local officials and some progressive activists condemned Moriarty after she charged a White state trooper with the killing of a Black man last summer, only to later reverse course and drop the charges. Leaders of the Minnesota Police and Peace Officers Association had waged a high-profile campaign urging Tim Walz, the state’s governor and former Democratic vice presidential nominee, to reassign the prosecution away from Moriarty. 

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Last month, Republicans across the North Star State condemned Moriarty for failing to charge a Walz staffer who allegedly vandalized at least six Tesla vehicles. President Donald Trump's administration has identified Tesla vandalism as "domestic terrorism" and led a nationwide effort alongside the Justice Department to hold vandals accountable. 

Fox News Digital's Deirdre Heavy, Andrew Mark Miller and the Associated Press contributed to this report.