A controversial directive requiring prosecutors to consider race in plea deal negotiations has prompted federal investigators to examine the Hennepin County Attorney's Office practices.

According to Fox News, the Department of Justice launched a civil rights investigation into Hennepin County Attorney Mary Moriarty's office following the implementation of a policy that mandates consideration of racial identity during plea bargaining with criminal defendants.

Attorney General Pam Bondi, alongside Acting Associate Attorney General Chad Mizelle and Assistant Attorney General Harmeet Dhillon, officially notified Moriarty of the probe through a letter dated May 2.

The investigation aims to determine whether the office's practices violate constitutional rights or federal laws protecting against discrimination. Their primary focus centers on examining if the prosecutor's office engages in illegal racial considerations during decision-making processes.

Progressive prosecutor faces scrutiny over controversial policy

Moriarty's tenure as Hennepin County Attorney began in January 2023, following her election amid a wave of progressive district attorneys who gained office in the aftermath of George Floyd's death.

Her campaign received substantial backing from organizations connected to prominent Democratic donor George Soros. During her campaign, Moriarty emphasized police accountability in Minneapolis, where Floyd's death occurred.

The investigation comes at a challenging time for Moriarty, whose leadership has faced increasing criticism from various quarters. Local law enforcement officials, community leaders, and even some former supporters have expressed concerns about her approach to criminal justice.

Critics point to her decisions to seek lighter sentences for violent crimes and her preference for diversion programs over incarceration.

Recent controversies have further complicated Moriarty's position. Her office faced significant backlash after charging a White state trooper in connection with a Black man's death, only to later withdraw the charges. The reversal prompted Minnesota police organizations to lobby Governor Tim Walz for reassignment of future prosecutions.

Department of Justice outlines investigation parameters

The DOJ's civil rights investigation will encompass a comprehensive review of all relevant policies and practices within the Hennepin County Attorney's Office.

Assistant Attorney General Dhillon addressed the scope of the investigation in the official letter to Moriarty:

Please be assured that we have not reached any conclusions about the subject matter of the investigation. 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.

The Civil Rights Division's Special Litigation Section will oversee the investigation process. Officials have emphasized their commitment to working collaboratively with Moriarty's office while conducting a thorough examination of the racial considerations policy.

Political implications within Minnesota's legal system

Recent developments have heightened tensions between Moriarty's office and various stakeholders in Minnesota's criminal justice system.

Republicans across the state recently criticized her decision not to charge a staff member of Governor Walz in connection with Tesla vandalism incidents. President Trump's administration has designated such vandalism as "domestic terrorism," implementing nationwide measures to prosecute perpetrators.

The scrutiny of Moriarty's policies reflects broader debates about progressive prosecution methods and their impact on criminal justice outcomes. Her approach represents a significant departure from her predecessors, who collectively served for 31 years before her election.

Current status and next steps

The Department of Justice has initiated its civil rights investigation into the Hennepin County Attorney's Office's racial consideration policy for plea deals. The probe will examine whether Mary Moriarty's directive requiring prosecutors to factor race into plea negotiations violates constitutional rights or federal anti-discrimination laws.

Federal investigators will review all policies and practices related to prosecutorial decision-making within the office, focusing particularly on the role of racial considerations.

The investigation's outcome could have significant implications for progressive prosecution policies nationwide and may influence future approaches to addressing racial disparities in the criminal justice system.