The head of the Justice Department’s civil rights division said on Saturday that she was investigating a new policy in Minnesota’s largest county to determine whether it illegally considers race as a factor in plea deals.
Harmeet K. Dhillon, the assistant attorney general for civil rights, announced the investigation on social media Saturday night. A letter to the county attorney’s office in Hennepin County, which include Minneapolis, will seek to determine if it engages “in the illegal consideration of race in its prosecutorial decision-making.”
The inquiry stems from a policy memo the office issued days earlier, in which prosecutors were told to be aware of racial or age considerations in plea negotiations and sentencing.
“While racial identity and age are not appropriate grounds for departures, proposed resolutions should consider the person charged as a whole person, including their racial identity and age,” the memo said. “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.”
Advocates for sentencing reform have long argued that the criminal justice system produces significant disparities in the prison sentences given to Black defendants versus white defendants convicted of the same crimes, and the prosecutor’s memo seems designed to address that concern.
Ms. Dhillon’s letter said the federal investigation would seek to determine if the local prosecutors have created “a pattern or practice of depriving persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.”
Daniel Borgertpoepping, a spokesman for the county prosecutor’s office, said the office had not received the Justice Department letter but was aware of Ms. Dhillon’s social media post.
“Our office will cooperate with any resulting investigation and we’re fully confident our policy complies with the law,” he said.
The investigation comes at tumultuous time for the civil rights division. Hundreds of lawyers and staff members have resigned in recent weeks, amid rising frustration with the reassignment or departure of most of the managers who work there, and demands for new types of investigations that have alarmed current and former lawyers at the division.
Ms. Dhillon has spoken favorably of the mass exodus, and suggested that those leaving are more supportive of “woke ideology” than President Trump’s agenda.
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