Incompetence or sabotage? Trump DOT yanks prosecutors for damaging leak in NYC congestion toll lawsuit

President Donald Trump's Department of Transportation replaced federal prosecutors who leaked damaging information regarding the administration's plan to terminate New York City's congestion toll.

On Wednesday evening, the Department of Justice lawyers accidentally — they claimed — filed in federal court a confidential memo that undermined the administration's case.

'It's sad to see a premier legal organization continue to fall into such disgrace.'

The 11-page letter, dated April 11, was written by the lawyers and addressed to Sean Duffy, informing the DOT secretary that they believed their case was "exceedingly likely" to fail.

"We have been unable to identify a compelling legal argument to support this position," they wrote.

The prosecutors recommended Duffy form a stronger argument against the Metropolitan Transit Authority, which filed a lawsuit against the Trump administration's DOT in February for attempting to put a stop to the congestion toll.

"As discussed below, there is considerable litigation risk in defending the Secretary's February 19, 2025 decision against plaintiffs' claims under the Administrative Procedure Act, that the decision was contrary to law, pretextual, procedurally arbitrary and capricious, and violated due process," the attorneys told Duffy.

The prosecutors suggested that Duffy use Office of Management and Budget regulations to argue the congestion toll should be terminated "as a matter of changed agency priorities." They also stated that the administration could claim that the pricing was based on MTA's funding level needs and not a goal to reduce traffic.

However, the lawyers concluded that both of these arguments were unlikely to convince the court.

Nicholas Biase, a Southern District of New York spokesperson, stated that the filing of the confidential memo "was a completely honest error and was not intentional in any way."

Yet, the DOT questioned whether the leak was deliberate.

Halee Dobbins, a DOT spokesperson, stated, "Are SDNY lawyers on this case incompetent or was this their attempt to RESIST? At the very least, it's legal malpractice."

"It's sad to see a premier legal organization continue to fall into such disgrace," she said. "SDNY's memo doesn't represent reality. [New York Governor] Kathy Hochul's congestion pricing war against the working class was hastily approved by the Biden Administration after Donald Trump was elected."

"Taxpayers already financed the highways that Hochul is now shutting down to the driving public and there is no free alternative. This is unprecedented and illegal. If New York doesn't shut it down, the Department of Transportation is considering halting projects and funding for the state," Dobbins added.

The DOT replaced the attorneys with others in the DOJ's Civil Division.

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