The Justice Department's Civil Rights Division Chief said on Saturday he is investigating new policies in Minnesota's largest county to determine whether race is illegally considered as a factor in a plea bargain.
Civil Rights Attorney General Hermet K. Dillon announced a social media investigation Saturday night. A letter to the Hennepin County county, including Minneapolis, attempts to determine whether it is “involved in illegal consideration of race in prosecutor's decisions.”
The investigation comes from a policy memo issued by the office a few days ago, and prosecutors were told to recognize racial or age considerations in judicial negotiations and judgments.
“Racist identity and age are not the proper basis for departure, but the proposed resolution should consider those charged as a whole, including racial identity and age,” the memo said. “These factors should not be controlled, but should be part of the overall analysis. Racial disparities harm our community, lead to mistrust and negatively affect the safety of our communities. Prosecutors should identify and address racial disparities at decision points as needed.”
Advocates for sentencing reform have long argued that the criminal justice system creates a significant gap in prison sentences given to white defendants convicted of the same crime. The prosecutor's memo appears to be designed to address that concern.
Dillon's letter said the federal investigations attempted to determine whether local prosecutors created “patterns or practices that deprive the rights, privileges or immunity protected or protected by the US constitution or law.”
Daniel Bolgert Pooping, a spokesman for the county prosecutor's office, said the office had not received a Justice Department letter but knew about Dillon's social media post.
“Our firm has cooperated with the resulting investigation and is fully confident that our policies are in compliance with the law,” he said.
The investigation comes at a turbulent time for the civil rights sector. Hundreds of lawyers and staff have resigned in recent weeks. Frustration has increased with the reallocation or departure of most managers working there, calling for a new type of investigation that is wary of current and former lawyers in the department.
Dillon spoke positively about the massive volume of Exodus, suggesting that those leaving are more supportive of “awakening ideology” than President Trump's agenda.
