The U.S. Attorney’s Office in Manhattan has mistakenly filed an internal memo that has exposed a flaw in the Trump administration’s approach to eliminating New York’s program targeting drivers in Manhattan.
The memo, which is directed at U.S. Transportation Bureau attorneys, was unintentionally submitted Wednesday evening as part of a lawsuit concerning the New York administration’s efforts to eliminate specific fees.
This revelation came just days after the Trump administration announced that New York Third Ultimate would impact the most congested areas of the borough, starting in January, and would cease collecting tolls that charge most drivers $9.
The document indicates that three attorneys from the Southern District of New York warn that Transport Secretary Sean Duffy faces a “significant litigation risk” in the decision to retract federal approval for the tolls, which could lead to legal setbacks.
Instead, these attorneys suggest that the department might have better prospects if they seek to discontinue the tolls through alternative bureaucratic means that they claim no longer align with the federal agenda.
New York Southern District spokesman Nicholas Bias stated in a Thursday announcement that the submission was “a completely honest mistake and was never intentional.”
In the meantime, the Department of Transport clarified that it was addressing the U.S. Attorney’s Office for Manhattan, distancing the Southern District from the legal matter.
“Are the SDNY lawyers in this case incompetent, or was this an act of defiance? At the very least, it constitutes legal misconduct,” remarked an agency spokesperson.
The statement mentioned that they were prompted to handle the alleged corruption case after multiple prosecutors in the office resigned and publicly criticized Washington’s leadership. Mayor Eric Adams stated that their conclusions were unethical, inappropriate, and wrong.
Jay Clayton, nominated by President Donald Trump to lead the Office, was sworn in this week.
With the named Trump Tower situated in the “Crowded Pricing” rate zone, Trump has been an outspoken critic of the program, promising to abolish it once he is in office.
His administration in February directed the state to shut down the program and claimed to have rescinded federal approval for the tolls. Duffy has termed the program “an affront to working-class Americans and small business owners.”
Minutes later, New York announced it would pursue legal action in federal court to maintain the program and continue collecting tolls until a judge mandated otherwise.
The transport department has consistently pressured New York to eliminate the tolls, threatening to withdraw funding and approvals for various transportation projects if compliance was not achieved.
Toll amounts vary by vehicle type and the time of day, provoking significant backlash from commuters in the metropolitan area, especially given the existing tolls for crossing city bridges and tunnels.
Most drivers will incur a $9 charge to enter Manhattan south of Central Park during weekends between 5 AM and 9 PM on weekdays.
New York officials are discussing The program’s benefits, noting it reduces traffic congestion in the city and ultimately generates billions for subways, commuter trains, and public buses.
Source: apnews.com