# DOJ 25-469 *Civil rights investigation by the U.S. Department of Justice into the Hennepin County Attorney's Office's plea-negotiation policy (opened May 5, 2025; closed February 2026)* DOJ 25-469 is the release number of the U.S. Department of Justice announcement, dated May 5, 2025, of a civil rights investigation into the Hennepin County Attorney's Office (HCAO) in [[Minnesota]].[^1] The release described the investigation's subject as "the Consideration of Race in Prosecutorial Decision making by Minnesota's Hennepin County." It stated that the [[county attorney]] had "recently adopted a policy requiring her prosecutors to consider 'racial identity' during prosecutorial decision making."[^1] The instrument under investigation was the office's own [[Negotiations Policy]], titled *Negotiations Policy for Cases Involving Adult Defendants*. It took effect on April 28, 2025.[^2] The policy text published by KSTP provided that "proposed resolutions should consider the person charged as a whole person, including their racial identity and age." Minnesota Lawyer reported on the policy on May 2, 2025.[^2][^3] Fox 9 reported that the Department closed the investigation on February 26–27, 2026, after the office amended the policy.[^4] The record shows that sequence: the policy took effect, the investigation opened, the policy was amended, and the investigation closed. The record does not establish the office's reasons for the amendment.[^2][^1][^4] ## Who The Department of Justice opened and announced the investigation. Its release quoted Assistant Attorney General Harmeet K. Dhillon.[^1] The office investigated was the HCAO. The project's at-issue entry records it as the office that [[Michael Freeman]] ran for twenty-four years. The project's dossier records that Freeman's successor put the policy into effect.[^1] Minnesota Lawyer reported the defense of the policy that the dossier attributes to Moriarty: "This policy does not instruct our prosecutors to treat someone differently because of their race."[^3] After the closure, Hoodline reported that HCAO spokesman Daniel Borgertpoepping called the investigation a "stunt."[^5] ## What According to the published policy text, the policy first stated that "racial identity and age are not appropriate grounds for departures." It then directed that "proposed resolutions should consider the person charged as a whole person, including their racial identity and age."[^2] Minnesota Lawyer's reporting placed this text beside the office's statement that the policy "does not instruct our prosecutors to treat someone differently because of their race."[^3] The Department's release characterized the same policy as "requiring her prosecutors to consider 'racial identity' during prosecutorial decision making." It quoted Dhillon: "It is unconstitutional and morally abhorrent to make different prosecutorial decisions based on a person's race."[^1] Fox 9 reported that the amended policy replaced the "racial identity" instruction. In its place is a direction that prosecutors "be aware of and actively seek to eliminate bias, including race-based bias."[^4] Fox 9 quoted Dhillon's closure letter as stating that the Department "appreciate[s] that HCAO now has corrected a policy that clearly violated the Constitution." The letter added that "Closure of our investigation does not foreclose the remedies that private parties may seek against HCAO."[^4] The pack does not contain the closure letter itself. Its text is cited here as quoted in news reporting.[^4] ## When - **April 28, 2025:** the *Negotiations Policy for Cases Involving Adult Defendants* took effect.[^2] - **May 2, 2025:** Minnesota Lawyer reported on the policy and the office's defense of it.[^3] - **May 5, 2025:** the Department of Justice announced the civil rights investigation in release 25-469.[^1] - **February 26–27, 2026:** the Department closed the investigation after the office amended the policy, as reported by Fox 9.[^4] - **February 2026:** the office's spokesman called the investigation a "stunt," as reported by Hoodline.[^5] ## Where The investigation concerned prosecutorial decision making by the Hennepin County Attorney's Office in Hennepin County, Minnesota.[^1] The project's research summary lists DOJ 25-469 alongside three federal civil actions:[^6][^7][^8] - *US v. Steve Simon*, No. 0:25-cv-03761, which names Secretary of State [[Steve Simon]].[^6] - *US v. Minnesota*, No. 0:26-cv-00273.[^7] - *US v. Minnesota*, a [[Title IX]] action, No. 0:26-cv-02078.[^8] The summary states that each instrument names the State, a state officer, the University, [[Minneapolis]], or Hennepin County. The pack does not record the current status of these three actions.[^6][^7][^8] ## Why The Department's stated basis was the policy's instruction that a defendant's racial identity be considered in proposed resolutions. Its release described the policy as one "requiring her prosecutors to consider 'racial identity' during prosecutorial decision making."[^1] The record shows the policy text and the Department's characterization of it.[^2][^1] It does not establish the office's internal reasons for adopting the language. ## How The policy was a written, published document. Minnesota Lawyer reported on it on May 2, 2025, three days before the Department's announcement.[^2][^3] The Department's release identified that policy as the subject of the investigation.[^1] Fox 9 reported that the investigation was closed after the office changed the policy text.[^4] The closure letter, as Fox 9 quoted it, stated that closure "does not foreclose the remedies that private parties may seek against HCAO."[^4] ## In the at-issue record The project's entry [[At issue 012 - DOJ 25-469, May 5, 2025 It is unconstitutional]] is dated May 5, 2025. It pairs Dhillon's statement in release 25-469 with the office's own policy, the document the release identifies as the investigation's subject.[^1][^2] The entry is anchored to the January 2025 presidential action *Ending Illegal Discrimination and Restoring Merit-Based Opportunity*.[^9] The pack records this as the entry's anchor. It does not show that release 25-469 itself cites the order.[^9][^1] ## Notes [^1]: U.S. Department of Justice, *U.S. Department of Justice Announces Civil Rights Investigation into the Consideration of Race in Prosecutorial Decision making by Minnesota's Hennepin County* (May 5, 2025, release 25-469) — announces the investigation, characterizes the county attorney's policy, and quotes AAG Harmeet K. Dhillon. https://www.justice.gov/opa/pr/us-department-justice-announces-civil-rights-investigation-consideration-race-prosecutorial [^2]: Hennepin County Attorney's Office, *Negotiations Policy for Cases Involving Adult Defendants* (effective April 28, 2025; text as published by KSTP) — "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." https://kstp.com/wp-content/uploads/2025/04/Negotiation-Policy-for-Cases-Involving-Adult-Defendants.pdf [^3]: Minnesota Lawyer, reporting on the Hennepin County plea-negotiation policy (May 2, 2025) — reports the policy and the defense "This policy does not instruct our prosecutors to treat someone differently because of their race." https://minnlawyer.com/2025/05/02/hennepin-race-based-plea-policy/ [^4]: Fox 9, reporting that federal authorities dropped the investigation of the Hennepin County policy (February 27, 2026) — reports the closure after the amendment, the amended language, and quotations from Dhillon's closure letter. https://www.fox9.com/news/feds-drop-investigation-race-based-hennepin-county-policy-feb-27 [^5]: Hoodline, reporting Hennepin County's response after DOJ dropped the civil rights probe (February 2026) — reports that spokesman Daniel Borgertpoepping called the investigation a "stunt." https://hoodline.com/2026/02/hennepin-county-torches-feds-after-doj-drops-civil-rights-probe/ [^6]: U.S. Department of Justice, Civil Rights Division, complaint, *US v. Steve Simon*, No. 0:25-cv-03761 — caption and docket as listed in the project's research summary. https://www.justice.gov/crt/media/1415121/dl [^7]: U.S. Department of Justice, Civil Rights Division, complaint, *US v. Minnesota*, No. 0:26-cv-00273 — caption and docket as listed in the project's research summary. https://www.justice.gov/crt/media/1423361/dl [^8]: U.S. Department of Justice, Civil Rights Division, complaint, *US v. Minnesota* (Title IX), No. 0:26-cv-02078 — caption and docket as listed in the project's research summary. https://www.justice.gov/crt/media/1433251/dl [^9]: The White House, *Ending Illegal Discrimination and Restoring Merit-Based Opportunity* (presidential action, January 2025) — the anchor of at-issue entry 012. https://www.whitehouse.gov/presidential-actions/2025/01/ending-illegal-discrimination-and-restoring-merit-based-opportunity/