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Left-wing DA forcing prosecutors to consider ‘racial identity’ in plea deals
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.
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Hennepin County Attorney Mary Moriarty speaks in video address. (Hennepin County Attorney’s Office/YouTube)
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.
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«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.
A man in handcuffs (Reuters/Lucy Nicholson) (Reuters/Lucy Nicholson)
«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.»
Snow is removed from the entrance of the Hennepin County Government Center in Minneapolis on Wednesday, Dec. 8, 2021. (AP Photo/Christian Monterrosa, File)
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.
Mugshot of suspected Tesla vandal Dylan Byan Adams (Hennepin County Sheriff’s 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.
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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.
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Former Secretary of State Hillary Clinton is accusing the GOP-led House Oversight Committee of using her to «distract» from President Donald Trump during her high-stakes testimony in Congress’ Jeffrey Epstein probe.
«A committee endeavoring to stop human trafficking would seek to understand what specific steps are needed to fix a system that allowed Epstein to get away with his crimes in 2008,» she is telling the panel, according to her opening remarks.
«But that’s not happening. Instead, you have compelled me to testify, fully aware that I have no knowledge that would assist your investigation, in order to distract attention from President Trump’s actions and to cover them up despite legitimate calls for answers.»
Clinton is telling lawmakers, «As I stated in my sworn declaration on January 13, I had no idea about their criminal activities.»
Former Secretary of State Hillary Clinton is appearing before the House Oversight Committee. (Alex Wong/Getty Images)
«I do not recall ever encountering Mr. Epstein. I never flew on his plane or visited his island homes or offices. I have nothing to add to that,» her remarks state.
«Like every decent person, I have been horrified by what we have learned about their crimes. It’s unfathomable that Mr. Epstein initially got a slap on the wrist in 2008, which allowed him to continue his predatory practices for another decade.»
The House Oversight Committee’s deposition is officially kicking off on Thursday morning after months of back-and-forth.
«No one’s accusing, at this moment, the Clintons of any wrongdoing. They’re going to have due process,» Oversight Committee Chairman James Comer, R-Ky., told reporters shortly before it began. «But we have a lot of questions, and the purpose of the whole investigation is to try to understand many things about Epstein.»
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Hillary Clinton’s deposition comes a day before her husband, former President Bill Clinton, will testify before the panel as well.
«Today will be a long deposition, I would assume, and tomorrow will be an even longer deposition,» Comer said.
Both Democrats and Republicans on the committee, as well as the panel’s staff, traveled to the Clintons’ hometown of Chappaqua, New York for the two-day affair.
House Oversight Committee Chairman James Comer, R-Ky., speaks to reporters after a closed-door deposition with Ghislaine Maxwell, the former girlfriend and confidante of sex trafficker Jeffrey Epstein, at the Capitol in Washington, D.C., on Feb. 9, 2026. (J. Scott Applewhite/AP Photo)
It’s part of an agreement struck between the GOP-led panel and the former first couple’s lawyers in order for them to appear in person.
Lawmakers on either side will have the opportunity to question Hillary Clinton in addition to their staffs.
Fox News Digital was told that Rep. Nancy Mace, R-S.C., will be the first lawmaker to question the former first lady and Obama administration official.
Mace was one of four House Republicans who successfully forced a vote late last year on getting the Department of Justice (DOJ) to release files on Epstein, despite pressure from GOP leaders.
The South Carolina Republican, who is running for governor of the Palmetto State, told reporters on Thursday that she would also be questioning Hillary Clinton on Trump Commerce Secretary Howard Lutnick, among other names that have been mentioned in relation to Epstein.
Comer told reporters she would also be questioned on her ties to Epstein accomplice Ghislaine Maxwell, pointing out that Maxwell was present at Chelsea Clinton’s wedding in 2010, after the first allegations against Epstein surfaced.
He also suggested that Epstein and Maxwell’s ties to the nonprofit Clinton Foundation would also see scrutiny.
President Donald Trump listens during a Cabinet meeting at the White House on Jan. 29, 2026. (Evan Vucci/AP Photo)
«Again, we’re not accusing Hillary Clinton of wrongdoing. We know that Jeffrey Epstein said many times in emails that he was the first person to raise money for the Clinton initiative, the Clinton Foundation, that he solicited money at some of his properties for the Clinton Foundation,» Comer said.
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«Again, that’s not saying anything illegal, but there are a lot of questions pertaining to Secretary Clinton with respect to Epstein and his involvement in the Clinton initiative and her relationship with with Ghislaine Maxwell.»
But Clinton’s prepared remarks show her accusing Republicans of going on a «fishing expedition» to find information that is not there.
«If this committee is serious about learning the truth about Epstein’s trafficking crimes, it would not rely on press giggles to get answers from our current president on his involvement. It would ask him directly, under oath, about the tens of thousands of times who showed up in the Epstein files. If the majority was serious, it would not waste time on fishing expeditions. There is too much that needs to be done,» her remarks said.
Neither of the Clintons has been accused of wrongdoing related to Epstein, nor has Trump. But both the current and former president’s names appear in the Epstein files numerous times, alongside other well-known figures like Bill Gates and Leslie Wexner.
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Russia warns against ‘provocative actions’ around Cuba after 4 killed onboard US-registered speedboat
Cuban Coast Guard kills 4 on US-registered boat
International legal expert Eugene Kontorovich discusses the Cuban Coast Guard shooting of 4 people on a U.S.-registered boat and analyzes U.S. demands for Iran, including abandoning its nuclear weapons and missile programs.
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Russia warned Thursday against any «provocative actions» around Cuba after a shootout between the country’s coast guard and a U.S.-registered speedboat that left at least 4 dead.
The remark comes after Secretary of State Marco Rubio said the U.S. was «going to have our own information» on Wednesday’s incident, and that «we’ll respond appropriately based on what that information tells us.»
«The situation around Cuba, as we can see, is heating up. The main thing is the humanitarian component. All humanitarian issues concerning Cuban citizens must be resolved, and no one should create obstacles,» Kremlin spokesman Dmitry Peskov said Thursday, according to Reuters.
«As for security around the island, it is, of course, very important that everyone remain restrained and refrain from any provocative actions,» he added.
Kremlin spokesman Dmitry Peskov, left, and Secretary of State Marco Rubio. (Maxim Shemetov/Reuters; Ken Cedeno/Reuters)
Cuban officials say five service members approached the Florida-registered speedboat detected within Cuban territorial waters. Occupants then opened fire on Cuban troops, who returned fire, according to the Cuban foreign ministry. The ministry reported that «four aggressors on the foreign vessel were killed and six were injured.» The Cuban vessel’s commander was also injured, according to the ministry.
Cuban officials also claimed the 10 passengers on the Florida-registered boat were armed Cubans living in the U.S. who were trying to infiltrate the island and unleash terrorism.
Cuba’s government added that the majority of the 10 people on the boat «have a known history of criminal and violent activity,» The Associated Press reported.
According to data retrieved by Fox News Digital, the vessel, registered in Florida with number FL7726SH, is a 24-foot Pro-Line boat.
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The Cuban Coast Guard tows a boat attempting to leave the country in Havana in December 2022. (Yamil Lage/AFP via Getty Images)
«Suffice it to say, it is highly unusual to see shootouts in the open sea like that. It’s not something that happens every day. It’s something, frankly, that hasn’t happened with Cuba in a very long time. But we’re going to find out,» Rubio said Wednesday. «We’re not going to base our conclusions on what they’ve told us. And I’m very, very confident that we will know the full story of what happened here, and we will know it soon. And then, you know, we’ll respond appropriately based on what that information tells us.»
U.S. Attorney Jason Reding Quiñones from the Southern District of Florida also said Wednesday that, «Today’s reports indicate that four people aboard a Florida-registered vessel were killed and several others wounded during a deadly gunfire exchange off the coast of Cuba. This is a tragic and deeply concerning event. The Cuban regime asserts their forces were fired upon, but the facts remain unclear and conflicting.»
Secretary of State Marco Rubio called Wednesday’s incident «highly unusual.» (Kevin Mohatt/Reuters)
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«We are using all available federal tools to understand exactly what happened, who was involved, and whether U.S. citizens or lawful residents were among the casualties. We are committed to a thorough, impartial, and fact-based investigation,» he added.
Fox News Digital’s Rachel Wolf, Emma Bussey and The Associated Press contributed to this report.
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