The Department of Justice has launched an investigation into a Minnesota county prosecutor’s office amid concerns that a policy involving the consideration of defendants’ race in plea deal negotiations may violate constitutional protections.

In a letter to the Hennepin County attorney, Mary Moriarty, the assistant attorney general for civil rights, Harmeet Dhillon, announced that the DOJ’s Civil Rights Division will review whether policies in her office constitute “a pattern or practice of depriving persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States.”

The inquiry stems from an April memo issued by Ms. Moriarty’s office that stated that prosecutors should consider a defendant’s racial identity and age, alongside other factors, in plea deal evaluations as part of efforts to address racial disparities in the justice system.

“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,” a memo from Ms. Moriarty’s office reads, KARE-11 reported. “While these factors should not be controlling, they should be part of the overall analysis.”

The DOJ has expressed concerns over the policy, calling it “discriminatory” in its letter. Mr. Dhillon’s team plans a comprehensive review of all office practices that “may involve the illegal consideration of race in prosecutorial decision-making.”

The move follows the liberal prosecutor’s announcement last month that she would not pursue criminal charges against a state government employee who vandalized six Tesla vehicles, causing damages estimated at $20,000.

The vandalism, which took place mostly in downtown Minneapolis, was reportedly captured on video showing the suspect — Dylan Bryan Adams, a 33-year-old data analyst for Minnesota’s Department of Human Services — keying vehicles while walking his dog. The damages from each of the six incidents were described in police reports as meeting the threshold for felony charges. 

Instead of charging Mr. Adams, the Hennepin County Attorney’s Office said it would seek pre-charge diversion, a move that has sparked controversy and frustration among law enforcement officials and the victims of the vandalism.

“Our main priorities are to secure restitution for the victims and hold Mr. Adams accountable,” a HCAO spokesman, Daniel Borgertpoepping, said in a statement. “As a result, we will file for pre-charge diversion to best facilitate both of those goals. This is an approach taken in many property crime cases and helps to ensure the individual keeps their job and can pay restitution, as well as reducing the likelihood of repeat offenses. Criminal prosecution remains a possibility should unlawful behavior continue.”  

Minneapolis’s police chief, Brian O’Hara, was not happy. “The Minneapolis Police Department did its job. It identified and investigated a crime trend, identified, and arrested a suspect, and presented a case file to the Hennepin County Attorney Office for consideration of charges,” he said in a statement.

“This case impacted at least six different victims and totaled over $20,000 in damages. Any frustration related to the charging decision of the Hennepin County Attorney should be directed solely at her office. Our investigators are always frustrated when the cases they poured their hearts into are declined. In my experience, the victims in these cases often feel the same,” Chief O’Hara said.

The decision not to prosecute came amid broader criticism directed at Ms. Moriarty, who has faced backlash for her prosecutorial choices since assuming office in January 2023. The prosecutor faced public scrutiny for her handling of two high-profile cases during her time in office. During her first week in office, Ms. Moriarty dismissed charges against a 35-year-old man accused of raping a teenage girl. 

She also made headlines for her role in the murder case of 23-year-old Zaria McKeever. The prosecutor was removed from the case after offering lenient sentences to two teenage defendants charged in the killing. Both defendants were originally set to be tried as adults, but prosecutors offered probationary deals in exchange for their testimony against Ms. McKeever’s ex-boyfriend, who was accused of hiring them.