# Negotiations Policy *A Hennepin County Attorney's Office prosecutorial policy (effective April 28, 2025) that was the subject of a U.S. Department of Justice civil rights investigation.* The *Negotiations Policy for Cases Involving Adult Defendants* is a written policy of the [[Hennepin County Attorney's Office]] (HCAO). It took effect April 28, 2025, and addresses how prosecutors propose negotiated resolutions in cases against adult defendants.[^1] The policy text, as published by KSTP, puts two instructions into one sentence: "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."[^1] On May 5, 2025, the [[United States Department of Justice]] announced a Civil Rights Division investigation into the consideration of race in prosecutorial decisions at the office. The investigation was assigned reference DOJ 25-469.[^2] The project's federal-action record lists the investigation as closed in February 2026 after the policy was amended. That record also notes that the closure does not foreclose private remedies. An investigation is an inquiry, not a finding. The record does not establish how the policy was applied in any individual case, and it does not give the terms of the amendment. The policy is a county instrument, not a state statute. It is distinct from the federal civil suit announced on January 14, 2026, in Department of Justice release No. 26-21, titled *United States Department of Justice Files Lawsuit Against Minnesota's 'Affirmative Action' Regime*.[^3] That suit challenges a different instrument, the State hiring statute [[Minn. Stat. § 43A.191]], under [[Title VII]].[^4] The project's catalogue of U.S.-government "regime" usages finds no other U.S. state described in those terms.[^3] ## Who The Hennepin County Attorney's Office is the issuing body of the policy.[^1] The Civil Rights Division of the United States Department of Justice opened the investigation, DOJ 25-469.[^2] Minnesota Lawyer reported that Moriarty defended the policy in these words: "This policy does not instruct our prosecutors to treat someone differently because of their race."[^5] ## What The policy's title is *Negotiations Policy for Cases Involving Adult Defendants*, and its effective date is April 28, 2025.[^1] The operative sentence names two characteristics, racial identity and age. It states that neither is an appropriate ground for departures. It also directs that proposed resolutions consider the person charged "as a whole person, including their racial identity and age."[^1] The office's reported defense describes the policy as not instructing prosecutors to treat anyone differently because of race.[^5] The document's own text is the basis on which the Department of Justice opened its inquiry into the consideration of race in prosecutorial decisions.[^2] ## When The policy took effect on April 28, 2025.[^1] Minnesota Lawyer published the office's defense of the policy on May 2, 2025.[^5] The Department of Justice announced investigation DOJ 25-469 on May 5, 2025.[^2] On January 14, 2026, the United States filed *[[United States v. State of Minnesota (0:26-cv-00273)]]* in the District of Minnesota. The complaint is brought under Title VII of the [[Civil Rights Act of 1964]]. It cites Minn. Stat. § 43A.191 eight times, including subdivision 3(c)'s requirement that an agency explain the reason for hiring a non-affirmative candidate. The operative exhibit is the State human-services agency's [[Pre-Hire Justification policy]].[^4] Attorney General Pamela Bondi certified the case as a matter of general public importance.[^3] The project's companion record, refreshed June 18, 2026, lists that case as ongoing before a three-judge district court. That case does not concern the county policy.[^4] The project's federal-action record lists DOJ 25-469 as closed in February 2026, after the county amended the policy. The record here carries no Department of Justice release documenting the closure.[^2] ## In the at-issue record The project's at-issue catalogue (entry AI-Anoka-054) states that the Hennepin County Attorney's Office "adopted a Negotiations Policy conditioning plea procedure partly on the defendant's race."[^1] The entry rests on a single source, the county's policy document as hosted by kstp.com. It anchors the policy to a January 2025 presidential action, *Ending Illegal Discrimination and Restoring Merit-Based Opportunity*.[^6] The record here does not set out the text of that order. It does not establish that the policy violated the order or any statute. ## Notes [^1]: Hennepin County Attorney's Office, *Negotiations Policy for Cases Involving Adult Defendants* (effective Apr. 28, 2025), as published by KSTP — policy text, including the sentence on racial identity and age; the document underlying at-issue entry AI-Anoka-054. https://kstp.com/wp-content/uploads/2025/04/Negotiation-Policy-for-Cases-Involving-Adult-Defendants.pdf [^2]: U.S. Department of Justice, Office of Public Affairs, *Announcement of civil rights investigation into consideration of race in prosecutorial decisions* (May 5, 2025) — opening of the Civil Rights Division investigation of the Hennepin County Attorney's Office, ref. 25-469. https://www.justice.gov/opa/pr/us-department-justice-announces-civil-rights-investigation-consideration-race-prosecutorial [^3]: U.S. Department of Justice, Office of Public Affairs, *United States Department of Justice Files Lawsuit Against Minnesota's 'Affirmative Action' Regime*, release No. 26-21 (Jan. 14, 2026) — release title; Attorney General Bondi's certification of the case as a matter of general public importance. https://www.justice.gov/opa/pr/united-states-department-justice-files-lawsuit-against-minnesotas-affirmative-action-regime [^4]: U.S. Department of Justice, Civil Rights Division, *Complaint, United States v. State of Minnesota*, No. 0:26-cv-00273 (D. Minn. filed Jan. 14, 2026) — Title VII claims; eight citations of Minn. Stat. § 43A.191, including subd. 3(c); Pre-Hire Justification policy as exhibit. https://www.justice.gov/crt/media/1423361/dl [^5]: Minnesota Lawyer, *Reporting on Hennepin County race-based plea policy* (May 2, 2025) — Moriarty's reported defense of the policy. https://minnlawyer.com/2025/05/02/hennepin-race-based-plea-policy/ [^6]: The White House, *Ending Illegal Discrimination and Restoring Merit-Based Opportunity* (January 2025) — the presidential action named as the anchor of at-issue entry AI-Anoka-054. https://www.whitehouse.gov/presidential-actions/2025/01/ending-illegal-discrimination-and-restoring-merit-based-opportunity/