DOJ Memo Mistake: Federal Lawyers Admit Flaws in NYC Congestion Pricing Case

Accidental Memo Reveals Case Weaknesses

• 😮 A new twist in the legal battle over NYC congestion pricing: federal lawyers mistakenly filed a memo admitting flaws in their case to kill the tolls.
• 💡 This memo, filed by assistant US attorneys, suggests arguments made by former Transportation Secretary Shawn Duffy to block congestion pricing are risky and unlikely to succeed.
• ⚖️ The filing has sparked an internal conflict, with Duffy's spokesperson questioning the competence of the SDNY lawyers and calling it legal malpractice.

Legal Arguments and Rebuttals

• 🚫 The inadvertently filed memo indicated that Duffy's order to turn off cameras was contrary to law.
• 💰 It also stated that Duffy's arguments about congestion pricing being illegal due to the lack of a toll-free option and the use of funds for mass transit projects were flawed.
• 🗣️ MTA's Janno Lieber expressed confidence that the federal government cannot unilaterally dismantle congestion pricing, calling Duffy's campaign a disgrace.

Internal DOJ Response and Case Shift

• 📉 Federal attorneys suggested Duffy could try a different approach, such as stating that budget priorities have changed.
• 🚨 In response to the controversy, the three US attorneys who filed the brief have been taken off the case.
• 🏛️ The Civil Division of the Justice Department will now handle the case, adding another layer to this ongoing legal saga.