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DOJ Memo Undermines Trump Administration's Efforts to Block NYC's Congestion Pricing

An internal DOJ memo accidentally filed in court reveals doubts about the Trump administration's strategy to overturn NYC's congestion pricing.

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Overview

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A recently leaked internal memo from the DOJ suggests that the Trump administration's strategy to halt New York City's congestion pricing may be legally flawed. The memo acknowledged considerable risks and recommended alternative tactics for the Department of Transportation. The misfiled document coincided with tensions between the DOJ and the Transportation Department, leading to the reassignment of the lawyers involved. Critics argue that the congestion toll is a burden on working-class individuals. New York officials maintain that the program is essential for reducing traffic and funding public transit improvements.

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Analysis

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  • An internal memo from the Manhattan federal prosecutor's office inadvertently criticized the Trump administration's strategy regarding New York's congestion pricing toll, suggesting alternative legal approaches could be more effective.
  • The memo indicated considerable litigation risks for the government if they continued to pursue blocking the toll, hinting at potential legal vulnerabilities in their case.
  • Despite the controversy, advocates for the program argue that the toll is beneficial in reducing urban traffic and generating funds for public transportation.

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FAQ

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The DOJ memo highlights that Secretary Duffy's decision faces "considerable litigation risk" and is unlikely to be accepted by the court, particularly because his arguments about the program are seen as pretextual and procedurally arbitrary[1][2].

The DOJ lawyers suggest using Office of Management and Budget regulations to argue that the program was canceled due to "changed agency priorities" as an alternative justification[1][2].

The matter involves ongoing litigation after the Trump administration rescinded federal approval, leading to a lawsuit by the MTA against the Department of Transportation[2][3].

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