Federal memo leaked in court filing admits weak legal strategy in NYC congestion pricing case
DOJ memo admits congestion pricing case is weak
A leaked internal memo is causing legal headaches for federal prosecutors trying to shut down New York City’s congestion pricing program. FOX 5’s Jessica Formoso reports that the memo—meant for internal eyes only—was accidentally filed in court, revealing the Trump administration's legal team’s own doubts about their case.
NEW YORK - An internal memo filed in court by mistake is causing embarrassment for the federal legal team trying to dismantle New York City’s congestion pricing program.
The document, meant for internal review only, admits the government’s case is "very unlikely" to succeed.
What we know:
Federal prosecutors from the Southern District of New York accidentally filed an internal memo intended for the U.S. Department of Transportation. The 11-page document, now public, acknowledges that Secretary Sean Duffy’s legal arguments against NYC’s congestion pricing program are not strong and pose a "considerable litigation risk."
RELATED: Feds issue new deadline for New York to shut down congestion pricing gantries
Specifically, the memo admits that the argument claiming congestion pricing violates federal law—because it does not offer a toll-free alternative—would likely be rejected by both the judge and higher courts.
Hochul vows to defy NYC congestion pricing ultimatum
Secretary of Transportation Sean Duffy released a letter saying if congestion pricing in New York City is not lifted, the federal government will cut funding for road construction in Manhattan. NY Gov. Kathy Hochul responded by saying the toll will remain in effect, citing positive benefits for the city. FOX 5 NY's Hayley Fixler reports.
The Department of Transportation has since removed the Southern District from the case, transferring oversight to the Civil Division of the Department of Justice in Washington, D.C.
Local perspective:
Governor Kathy Hochul responded to the news by reaffirming the legality and effectiveness of congestion pricing.
"Congestion pricing is legal, it’s working, and the cameras are staying on," she said.
MTA Chair and CEO Janno Lieber did not directly comment on the memo during a radio interview but stated: "We have always been absolutely confident that congestion pricing could not be taken down unilaterally by the federal government."
What's next:
The case will now move forward under the Civil Division of the DOJ.
The Source: This story was written using information from FOX 5 NY staff and crews in the field.