Justice Department Investigates Hennepin County’s Race-Based Plea Deal Policy

MINNEAPOLIS, Minnesota — The U.S. Department of Justice announced it is investigating a new policy from Hennepin County Attorney Mary Moriarty that directs prosecutors to consider a defendant’s race in plea bargain negotiations.

In a letter shared on X Saturday by Assistant Attorney General Harmeet Dhillon, the DOJ informed Moriarty that it aims to determine if the Hennepin County Attorney’s Office (HCAO) is engaging in practices that may violate constitutional rights related to prosecutorial decisions.

The investigation centers around a policy titled “Negotiations Policy for Cases Involving Adult Defendants,” which suggests race should be part of the considerations for negotiating plea deals while noting it cannot be grounds for departures from sentencing guidelines. Moriarty stated that the policy encourages awareness of racial disparities and unconscious biases among prosecutors, which she believes is constitutional.

Moriarty explained in an interview with the Star Tribune that her aim is not to treat defendants differently based on race, but to ensure fairness and equity in the justice system. “We would neglect our duty of pursuing fair and just outcomes if we pretended these [racial disparities] didn’t exist,” she said.

In response to the investigation, a spokesperson for the HCAO, Daniel Borgertpoepping, stated: “We are aware of the letter from the DOJ posted to social media but have not received it. Our office will cooperate with any resulting investigation and we’re fully confident our policy complies with the law.”

The DOJ’s review will be led by its Civil Rights Division’s Special Litigation Section. The letter highlighted aims to conduct a comprehensive examination of possible illegal use of race in HCAO’s prosecutorial decisions.

Past reports showed significant disparities in sentencing for Black and Latino defendants. From 2017 to 2021, Black males received sentences that were 13.4 percent longer than those of white males, while Latino males faced sentences 11.2 percent longer. Black men and Latino men were also less likely to be granted probation compared to white males.

Some legal experts have weighed in on the policy. University of Minnesota law professor Jill Hasday argues that using racial considerations could lead to constitutional issues, while University of St. Thomas law professor Rachel Moran supports the policy as being aligned with constitutional principles aiming to address disparities.

The investigation’s findings are yet to be determined, and the DOJ has stated it will consider all relevant information. Moriarty expressed confidence in her office’s adherence to legal standards amid ongoing scrutiny.