Department of Justice lawyers accidentally sent the wrong letter to a judge, admitting weaknesses in their case against New York City’s congestion pricing.
On Wednesday evening, DOJ lawyers filed an 11-page document purporting to be a letter addressed to Judge Lewis J. Liman — but it was actually an internal memo from assistant U.S. Attorneys to Erin Hendrixson, the senior trial attorney for the MTA vs. Duffy case at the Department of Transportation. The filing was posted to the public court docket.
The filing, erroneously titled “LETTER addressed to Judge Lewis J. Liman from Dominika Tarczynska dated April 23, 2025 re: Administrative Record & April 20, 2025 Secretary Duffy Letter,” admitted that their opponents were likely to win the case.
In the filing, the DOJ attorneys wrote there was “considerable litigation risk in defending” Transportation Secretary Sean Duffy’s actions against congestion pricing, and it was, “unlikely that Judge Liman or further courts of review will accept the [federal government’s] argument that the CBDTP was not a statutorily authorized ‘value pricing’ pilot under the Value Pricing Pilot Program.”
It also stated that “neither” of the DOT’s main defenses was “likely to convince the Court.”
On Thursday, the Southern District of New York lawyers said the filing was an accident and requested that it be sealed.
“Unfortunately, an attorney-client privileged document was erroneously filed on the public docket last night. This was an honest error and was not intentional in any way. Upon realizing the error, we immediately took steps to have the document removed. We look forward to continuing to vigorously advocate in the best interest of our clients, the DOT and FHWA, in this matter,” SDNY spokesman Nicholas Biase said in a statement to Courthouse News.
The DOT was outraged, scorching its SDNY allies in a statement to the outlet.
“Are SDNY lawyers on this case incompetent or was this their attempt to RESIST?” a DOT spokesperson said. “At the very least, it’s legal malpractice. It’s sad to see a premier legal organization continue to fall into such disgrace.”
Another DOT spokesperson was more charitable, telling the same outlet that the SDNY memo “doesn’t represent reality.”
“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,” they said.
Duffy threatened escalating punishments against New York City earlier this week over congestion pricing.
DOT OUTLINES PENALTIES TO GO INTO EFFECT IF HOCHUL DOESN’T END NYC CONGESTION PRICING
New York City implemented the controversial congestion pricing program on Jan. 5. The toll varies from $4.50 to $21.60 for motorists entering congestion zones during peak hours. The revenue generated will be devoted to repairing the city’s subway system.
The Trump administration demanded the program’s termination on Feb. 19. Hochul refused to comply with the directive.