Feds drop investigation into 'race-based' Hennepin County Attorney's Office policy

MINNEAPOLIS (FOX 9) - The U.S. Department of Justice said it is closing its investigation into the Hennepin County Attorney's Office (HCAO) after revisions to the county's policy on "race-based considerations."

The HCAO asserts that race was never used as a factor when negotiating plea deals, but that the policy requires prosecutors to remove all improper biases, including race-based biases. 

READ MORE: Hennepin County Attorney faces DOJ investigation over race policy

Hennepin County says Department of Justice ‘caved’ on investigation

What they're saying:

A spokesperson for the Hennepin County Attorney's Office shared the following statement on the evening of Thursday, Feb. 27. 

"The Department of Justice never had authority to investigate this office. It was always a stunt, and their depleted 'Civil Rights' division’s best strategy was to announce an investigation, grab headlines, then close the investigation and claim victory.

"This was a political attack from the beginning. Their lawyers committed to defending actual civil rights have left.

"Our policy was always constitutional. The update makes it clear that racial bias and disparities have harmed our community for generations and we will take action to address them.

"Meanwhile, we’ll continue protecting our community from federal overreach and prosecuting real crime while they spend their time tweeting."

County officials also pointed to what they say is relevant policy language that is currently in place:

"Hennepin County has a documented history of racial disparities in its criminal legal system, and the existence and perception of those disparities harm our community, lead to distrust, and have a negative impact on community safety. Accordingly, the HCAO will be 'proactive in efforts to detect, investigate and eliminate improper biases' in its work, and prosecutors must be aware of and actively seek to eliminate bias, including race-based bias, in their decision making in each case."

Department of Justice claims investigation ended because of removal of ‘race-based considerations’ 

The other side:

A letter to Hennepin County Attorney Mary Moriarty from the U.S. Department of Justice's Civil Rights Division says the investigation was dropped after the removal of "unconstitutional, race-based considerations" from the dependent negotiation policy. 

In the letter, Assistant Attorney General Harmeet Dhillon says that she directed her office to close the investigation "based on this revision."

The letter closes by saying "Your prior policy, however, leaves open the ability of people disadvantaged by it to challenge their criminal sanctions. Thus, your policy may still undermine past convictions and erode public safety. Closure of our investigation does not foreclose the remedies that private parties may seek against HCOA for its unconstitutional policy."

DOJ announced investigation in May 2025

The backstory:

FOX 9 reported in May 2025 that the policy tells prosecutors to consider a defendant's race and age when negotiating plea deals, while simultaneously noting racial identity and age aren't "grounds for departures" from sentencing guidelines.

READ MORE: Hennepin County Attorney faces DOJ investigation over race policy

In an interview with the Star Tribune, Moriarty said the policy doesn't intend to treat defendants differently because of race. Instead, it's telling prosecutors to be cognizant of racial disparities and unconscious biases when working on plea deals.

Moriarty also made it clear she feels the policy clearly abides by the constitution.

When asked for clarification on Hennepin County's policy, a spokesperson shared the following statement:

"The HCAO does not and has not had any policy authorizing prosecutors to treat defendants differently based on race.

"This policy language acknowledges racial disparities in Hennepin County and provides additional clarity to staff while requiring prosecutors to actively seek to remove all improper biases, including race-based biases."