Federal memo leaked in court filing admits weak legal strategy in NYC congestion pricing case
The Brief
Federal prosecutors accidentally filed an internal memo stating their legal arguments against New York City's congestion pricing program are "very unlikely" to succeed.
The Department of Transportation has removed the Southern District of New York from the case, transferring it to the Justice Department's Civil Division in Washington.
Governor Hochul and MTA officials have reaffirmed the program's legality, saying the tolling system will remain in place and continue operating.
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.
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.
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