DA probed by Trump for plea deals based on race

Hennepin County Attorney Mary Moriarty is facing a federal civil rights investigation over her new plea deal policy, which explicitly directs prosecutors to factor in race when considering offers for criminal defendants . Less than a week after Moriarty's office implemented the changes, the Department of Justice announced it was launching an inquiry into whether the policy violates the Constitution. The investigation is being led by Trump-era appointees who argue the guidelines may unlawfully treat people differently based on race.

Moriarty (pictured) - who has been dubbed the country's most woke DA - is a progressive former public defender who campaigned on racial equity and criminal justice reform. Assistant U.S. Attorney General Harmeet Dhillon made the announcement Saturday. '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,' she wrote.

The memo at the center of the firestorm — titled Negotiations Policy for Cases Involving Adult Defendants — was quietly distributed inside the HCAO and first obtained by local NBC affiliate KARE 11 . It lays out a series of new priorities for prosecutors, including guidance to consider a defendant's age, immigration status, employment, housing, and access to student financial aid. But the most contentious provision is the one that directly addresses race. Pictured right: Harmeet Dhillon. 

'While racial identity and age are not appropriate grounds for departures [from the Minnesota Sentencing Guidelines], proposed resolutions should consider the person charged as a whole person, including their racial identity and age,' the policy states. 'While these factors should not be controlling, they should be part of the overall analysis. 'Racial disparities harm our community, lead to distrust, and have a negative impact on community safety. 'Prosecutors should be identifying and addressing racial disparities at decision points, as appropriate.'

Moriarty, who took office in 2023 after winning a highly polarized election, has positioned herself as a reformer eager to disrupt traditional prosecutorial practices — including how plea deals are offered. She previously made headlines for declining to charge certain juvenile suspects in high-profile cases, sparking outrage from police unions and some community members. Supporters say Moriarty's approach is long overdue in a system plagued by racial inequities.

But critics argue the new plea policy goes too far, replacing equal justice with identity-based leniency that could violate civil rights protections. 'Lady Justice is blindfolded for a reason,' Dhillon wrote on X . 'Under the leadership of @AGPamBondi and her team, @TheJusticeDept lawyers will investigate and take action wherever necessary to identify government practices that may run afoul of our civil rights norms.' The probe marks a sharp clash between federal civil rights enforcement under conservative leadership and local progressive prosecutors who argue that colorblind policies perpetuate racial injustice.

It also signals the DOJ's willingness to take on local jurisdictions where reforms are seen as ideologically extreme. Moriarty has not personally commented on the investigation. However, her office issued a brief statement. 'We are aware of the letter from the Department of Justice posted to social media but have not received it,' HCAO spokesperson Daniel Borgertpoepping told KARE 11 News. 'Our office will cooperate with any resulting investigation and we're fully confident our policy complies with the law.'

The case is likely to become a flashpoint in the ongoing national debate over race, justice, and the future of progressive prosecution. In April, Moriarty was accused of flouting her own rules to ensure a Minnesota state worker walked free after keying six Teslas. Her office revealed that they dropped charges against 33-year-old Dylan Bryan Adams after he reportedly admitted to causing around $21,000 in damage s during four separate incidents. Adams will instead be entered into an adult diversion program for first-time, low-level offenders, which could even allow him to keep his job as a is a program consultant at the state's Department of Human Services.

Even the liberal-leaning Minnesota Star Tribune has slammed Moriarty's decision in an op-ed where they note her own office's policy, which says that diversion is only meant for property crimes of less than $5,000. Bryan - whose ultimate boss is Minnesota's Democrat Governor Tim Walz - caused more than four times that amount of damage but won't even have a conviction to his name. 'Moriarty either ignored it or bent it to fit a narrative,' columnist Brandi Bennet wrote. 'Either way, the public is left wondering: What exactly are the rules in Hennepin County, and who are they written to protect?'

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