The Trump Justice Department has launched a civil rights investigation into the Hennepin County Attorney’s Office (HCAO), accusing it of implementing a racially discriminatory charging policy that may violate the Constitution. At the center of the probe is a new internal directive instructing prosecutors to factor in “racial identity” when making plea deals, a policy that was leaked to local reporters and media outlets.
According to a letter dated May 2 and signed by U.S. Assistant Attorney General for Civil Rights Harmeet K. Dhillon, the DOJ is opening a formal 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. In particular, the investigation will focus on whether the HCAO engages in the illegal consideration of race in its prosecutorial decision-making.”
Read the full letter here:
The Department cites internal policy language adopted by HCAO directing line prosecutors to actively include race in their charging decisions. The memo in question, titled Negotiations Policy for Cases Involving Adult Defendants, reads like a roadmap for race-conscious justice.
“The HCAO recently adopted a discriminatory Negotiations Policy for Cases Involving Adult Defendants directing prosecutors to consider racial identity when formulating plea offers,” the DOJ wrote, noting the policy states: “‘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 other words, prosecutors were told to weigh race not merely as a contextual data point, but as a factor in plea bargains. That directive has now drawn the attention of the Justice Department, which is treating the matter as a potential pattern-and-practice violation under 34 U.S.C. § 12601.
The Civil Rights Division emphasized this will be a wide-ranging investigation:
“Our investigation, however, will include a comprehensive review of all relevant HCAO policies and practices that may involve the illegal consideration of race in prosecutorial decision-making.”
While no legal conclusions have been made, DOJ officials signaled urgency and a desire for cooperation:
“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 have worked with jurisdictions of all sizes across the nation to resolve investigations, usually without contested litigation.”
The investigation will be overseen by the DOJ’s Special Litigation Section, which will coordinate directly with Hennepin County officials.
“The Civil Rights Division’s Special Litigation Section will oversee this investigation. It will be in contact with you 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.”
The policy first came to public light after it was leaked and reported by local media, including The Minnesota Star Tribune, which noted that the DOJ investigation follows public backlash and legal concern over the explicit inclusion of race in prosecutorial decision-making.
In response, Hennepin County Attorney Mary Moriarty defended the policy, telling The Minnesota Star Tribune:
Moriarty told the Minnesota Star Tribune last week that the policy is constitutional and a necessary corrective to historical racism in the criminal justice system. She said asking prosecutors to consider potential unconscious racial bias at key moments was different than asking prosecutors to treat defendants differently based on race.
The implications of this case could extend well beyond Minneapolis. If DOJ concludes the HCAO’s practices violate the Constitution, other jurisdictions and government bodies incorporating race into their official decision-making, whether in hiring, charging, or enforcement, could face similar scrutiny next.
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