First reported by FOX: A watchdog group advocating for democracy is urging the Department of Justice (DOJ) to investigate lawyers from the Southern District of New York (SDNY). They accuse these attorneys, representing Transport Secretary Sean Duffy, of attempting to undermine efforts to eliminate the driving tax in New York City.
NYC’s crowded pricing program essentially imposes fees on drivers depending on the time of day they navigate certain Manhattan streets. On April 23, SDNY lawyers provided an 11-page confidential memo in federal court that stated the Trump administration’s case against the NYC driving tax appeared weak and carried “substantial litigation risk.” The following day, that memo was expunged from the Public Case Docket, with the US Attorney’s Office for SDNY claiming it had been incorrectly submitted.
In response, officials at the Department of Transport indicated that they were shifting the case to the civil division of the DOJ. Attempts by Fox News Digital to confirm whether the attorney who submitted the memo was still involved were met with no immediate reply.
Meanwhile, Secretary Duffy criticized the Biden administration for the current state of the air traffic control system.
Houston Keene, director of the watchdog group, expressed concerns about the nature of the memo, questioning whether the filing was careless, incompetent, or deliberate. “The document contains critical legal advice regarding the secretary and department’s legal approach, which makes its public release quite troubling,” he stated.
Keene asserted that while the group has made some headway, further investigation is necessary due to possible ethical and legal breaches related to false submissions. It’s unclear if the misstep was due to incompetence or a more intentional act, but it suggests the potential for increased involvement of political nonprofits in legal matters.
Additionally, reports indicate that all lawyers involved are registered Democrats who’ve previously supported Democratic candidates and political initiatives against former President Trump. Keene remarked, “U.S. lawyers should be impartial in their duties, and the partisan affiliations raise concerns here.” He argued for the DOJ to take immediate action on this matter.
Earlier this year, NYC had implemented a congestion pricing plan, charging drivers $9 to enter the Manhattan core during peak hours. Following this, the Trump administration sought to suspend the program by March 21, but a federal lawsuit from the Metropolitan Transportation Agency (MTA) kept the tolls in place.
As the legal dispute continues, the MTA and Transport Department have reportedly agreed to extend the deadline for the program at least until fall. Both entities are now urging federal judges to obstruct the Trump administration’s attempts to dismantle the pricing initiative, highlighting its positive impact on traffic congestion and travel efficiency.
The program involves federal highway tolls and requires authorization from the Department of Transportation.
The DOJ has chosen not to comment on this situation. Fox News Digital also reached out to attorneys in New York from the Southern District and the Department of Transportation, but did not receive a response before this report was finalized.
