Trump Gov't Lawyers Bash Their Own Case Against NYC Congestion Pricing In Mistakenly Uploaded Memo

President Donald Trump has made it abundantly clear that he wants to kill New York City's congestion pricing scheme. However, federal prosecutors don't think the White House could pull this off in court. Three Assistant U.S. Attorneys handling the case accidentally released an 11-page document earlier this month outlining their doubts that federal courts would agree with Transportation Secretary Sean Duffy on the congestion zone's legality. The lawyers argued that the administration should take a different approach against the Metropolitan Transportation Authority.

The memo was published on the court website on April 11 before being removed, according to Bloomberg. The case hinges on two points raised vehemently by Duffy: the lack of a toll-free driving option and toll pricing being set to raise revenue instead of reducing congestion. Neither point is clear-cut. For example, the revenue being raised by the tolls is being used to fund the MTA capital project, like subway improvements, which would boost public transit ridership and reduce road congestion. The document stated:

"It is very unlikely that Judge Liman or further courts of review will uphold the Secretary's decision on the legal grounds articulated in the letter. Defending the case on this basis, with the most likely outcome being vacatur of the Secretary's decision or remand to the agency for further administrative process, will only serve to delay FHWA's elimination of the CBDTP."

These federal prosecutors aren't here to save congestion pricing. They still want to win the case and have a plan to do so using regulations set by the U.S. Office of Management and Budget (OMB). The lawyers believe the administration could easily pull the plug by stating that congestion pricing no longer fits the Department of Transportation's goals. Even New York's transportation agencies pointed out that it could be an avenue to end congestion pricing. Despite being offered a silver bullet, the DOT stated that attorneys committed "legal malpractice."

Since its introduction in January, the congestion pricing zone has been an undisputed success for New York City. Traffic immediately dropped by almost 8% while boosting the number of people out and about spending money. The city's Business Improvement Districts have seen a 1.5 million visit increase compared to last year. Complaints about car honking in the zone have dropped by 70 percent. By the end of February, the zone raised $48.6 million in tolls, on track to meet its expected revenue target. New York's future could be bright if the Trump administration doesn't stumble and bumble its way into shutting it down.