A turning of the tables: the DOJ to investigate Moriarty’s office
In 2022, Mary Moriarty ran for Hennepin County Attorney on a key campaign promise — “ratcheting up accountability” for police officers, specifically with the Minneapolis Police Department.
This focus seemed unusual, leading many to wonder why a public prosecutor candidate would stress being a law enforcement watchdog instead of stressing how they planned to address crime and prosecute criminal offenders. But Moriarty had Hennepin County voters figured out, and she won handily.
Given how the first two and a half years have gone, it’s safe to say many in Hennepin County may have learned their lesson.
The latest news about Moriarty broke over the weekend, when the U.S. Department of Justice (DOJ) made public a letter sent to Moriarty on Friday, June 2, relevant to Moriarty’s recent policy directive to consider race when determining plea agreement deals. The directive is seen by many as a clear violation of the Equal Protection Clause of the U.S. Constitution, which mandates that no state shall:
“…deny to any person within its jurisdiction the equal protection of the laws.”
The letter, from Attorney General Pamela Bondi and signed by the head of the Civil Rights Division, Harmeet Dhillon, put Moriarty on notice that the DOJ was opening an investigation into the Hennepin County Attorney’s Office (HCAO) to determine if the office had engaged in a pattern of practice of “illegal consideration of race in its prosecutorial decision-making.”
The notice of investigation came just five days after Moriarty’s policy went into effect, which speaks to the seriousness the DOJ is applying to the issue.
The basis for the investigation comes from 34 US Code 12601, which reads:
(a) Unlawful conduct:
It is unlawful for any governmental authority, or agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers that deprives people of rights protected by the Constitution or U.S. law.
(b) Civil action by Attorney General:
Whenever the Attorney General has reasonable cause to believe a violation has occurred, they may initiate a civil action in court for equitable or declaratory relief — such as a consent decree or injunction.
It is particularly ironic that Moriarty, who campaigned on being the watchdog of law enforcement, is now being investigated by the DOJ using the same “pattern or practice” of unconstitutional behavior used by the DOJ to initiate its many consent decrees on local law enforcement.
But don’t look for Moriarty to lay down over this. She, like far too many progressives, appears convinced that discrimination is acceptable if it is used to fight perceived discrimination.
Moriarty’s overconfident approach on this has pitted her against a couple of others who aren’t about to lay down on issues of importance — U.S. Attorney General Bondi and Assistant Attorney General Dhillon.
Buckle up.