Trump's Team Inadvertently Discloses Critique Concerning Their Argument Against Congestion Tolls
In a chaotic turn of events, New York City's congestion pricing faces an unexpected obstacle—Sean Duffy, Donald Trump's Transportation Secretary, aims to axe the program. However, the Department of Justice (DOJ) isn't too optimistic about Duffy's case, as evidenced by a leaked internal memo.
Originating on April 11, this 11-page document was accidentally uploaded on April 28 to the ongoing lawsuit docket between New York's Metropolitan Transportation Authority (MTA) and Duffy's Department of Transportation (DOT). The document was promptly removed, but not before news outlets grasped its contents. The memo essentially warned the DOT to reevaluate its strategy or risk losing their case, claiming Duffy's actions to nix the project were legally questionable.
The current DOT argument, based on declaring the project unlawful, appears to be on shaky ground, according to the DOJ. The legal team asserted that Duffy's attempts to dismantle the project were both unlawful, pretextual, arbitrary, capricious, and violated due process. Consequently, the DOJ's attorneys concluded "It is very unlikely that Judge Liman or further courts of review will uphold the Secretary's decision on the legal grounds."
Given this bleak outlook, the DOJ advised the DOT to adopt a new strategy, suggesting that the toll doesn't align with the DOT's objectives and was scrapped due to changes in priorities. However, this argument fell flat within DOT ranks.
The DOJ acknowledged its blunder by uploading the document, confirmed in a letter filed with the court on April 29. The court temporarily sealed the document, though its widespread availability raises questions about the effectiveness of this decision.
In a statement to Courthouse News, a DOT spokesperson questioned the competence of the DOJ lawyers or their motives, labeling the mistake "legal malpractice." Despite this mess, it seems someone in this scenario is managing to keep their head above water!
In the larger context, the legal challenge to New York City's congestion pricing continues, with key proceedings and deadlines looming. New York transportation agencies are fighting back, arguing that the termination of the program is unlawful and would negatively impact the public. The MTA, in particular, is advocating for the continuation of the program due to its benefits.
- The Department of Justice (DOJ) isn't confident about Transportation Secretary Sean Duffy's plan to scrap New York City's congestion pricing program, as indicated in an 11-page internal memo.
- The leaked DOJ memo warns the Department of Transportation (DOT) to reconsider its strategy on the congestion pricing issue or risk losing its case, as Duffy's actions were deemed legally questionable.
- The DOJ's legal team claims that Duffy's moves to dismantle the congestion pricing project are unlawful, pretextual, arbitrary, capricious, and violate due process.
- In a letter filed with the court, the DOJ acknowledged uploading the document containing this advice was a mistake.
- Despite the blunder, the DOT spokesperson accused the DOJ lawyers of incompetence or questionable motives, labeling the mistake as "legal malpractice."
- The legal challenge to New York City's congestion pricing continues, with key proceedings and deadlines approaching, as New York transportation agencies assert that the termination of the program is unlawful and detrimental to the public.
