Prosecutors in a left-wing Minnesota county attorney’s office will be required to consider defendants’ race when crafting plea deals, according to a local report citing internal documents.
The office of Hennepin County Attorney Mary Moriarty, which recently let a Democrat-connected alleged Tesla vandal off with a slap on the wrist, issued the internal document “Negotiations Policy for Cases Involving Adult Defendants.” It directs prosecutors to consider “racial identity and age” as they negotiate plea deals, local Minnestota outlet KARE 11 first reported last week.
“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 internal document states, according to the outlet.
“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,” it continues.
The policy changes are set to take effect on April 28, according to the outlet. Hennepin County encompasses the city of Minneapolis and is the most populous county in the Democrat-run state.
The “Negotiations Policy for Cases Involving Adult Defendants” began circulating in the county attorney’s office last week, KARE 11 reported.
Fox News Digital reached out to the Hennepin County Attorney’s Office on Sunday morning regarding the policy update, motivation behind the internal document and whether there are any concerns over the constitutionality of the changes, and is awaiting a response.
The reported plea deal policy comes with constitutionality issues, according to KARE 11, which spoke to local attorneys to weigh in on the change.
“It both says, ‘Don’t take race into account,’ presumably because of the constitutional problems with taking race into account in addition to potentially political objections, but it simultaneously says this is something you should consider,” Jill Hasday, a University of Minnesota law professor, told the outlet. “And the problem for the drafters of this policy is, once you take race into account, it doesn’t really matter what else you say. The policy is going to be struck down.”
Another local attorney brushed off constitutionality concerns, saying that county prosecutors are directed to steer clear of racial disparities, not create them.
“I definitely think that some people will get worked up about the issue, but I don’t see a constitutional problem, and that’s specifically because the policy tells prosecutors to avoid racial disparities. Not to create them,” University of St. Thomas law professor Rachel Moran told the outlet.
The Equal Protection Clause of the Constitution requires states to govern impartially, meaning that states and official government actions cannot discriminate or treat individuals differently based on characteristics such as race.
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“Our sentencing guidelines that criminal justice professionals use every single day in court say that race should not be used in that calculus. This seems to contradict our sentencing guidelines,” former Washington County, Minnesota, prosecutor Imran Ali told the outlet. “It’s inconsistent not only with our sentencing guidelines, but the policy in and of itself is inconsistent.”
The county attorney’s office told KARE 11 that race is an important factor to consider during plea deal negotiations “because we know unaddressed unconscious biases lead to racial disparities.”
“This policy acknowledges that there are many factors to be considered in negotiations. Each case – and defendant – is unique. Someone’s age may change the likelihood of growth and change. A defendant’s race matters because we know unaddressed unconscious biases lead to racial disparities, which is an unacceptable outcome,” the office told the outlet.
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“Our goal with this policy matches the goal of all our work: to achieve safe, equitable, and just outcomes that center the healing of victims while improving public safety,” the office continued.
Fox News Digital previously reported that Moriarty has been backed by groups tied to money from liberal mega-donor George Soros, who has helped to install scores of soft-on-crime local prosecutors around the nation. She was first elected to the role in 2022 after working for more than two decades as a public defender in the county.
Moriarty most recently made national headlines last week when her office bucked criminally charging a Minnesota state employee suspected of vandalizing six Tesla vehicles and causing $20,000 in damages. Instead, the Hennepin County Attorney’s Office said it would seek “diversion” over charges against Minnesota Department of Human Services data analyst Dylan Bryan Adams. The diversion approach “helps to ensure the individual keeps their job and can pay restitution,” according to the office.
Teslas around the country have been targeted for vandalism as its CEO Elon Musk heads up President Donald Trump’s Department of Government Efficiency, which has been auditing various federal agencies for government overspending, fraud and mismanagement.
Moriarty and her office also came under fire in October of 2023, when families of murder victims slammed a string of plea deals that had been offered to murder defendants, sparing them time behind bars, Fox News Digital previously reported.
Fox News Digital’s Deirdre Heavey and Andrew Mark Miller contributed to this report.
