The federal prosecutor’s office in Manhattan encountered an unexpected mishap when it accidentally filed an internal memorandum that scrutinized the Trump administration’s approach to dismantling New York’s vehicular toll through Manhattan. This confidential document suggested a shift in governmental strategy might be necessary if there is to be any hope of halting the budding initiative. The internal memo was mistakenly submitted on Wednesday night amid ongoing litigation in New York against the federal administration’s attempts to discontinue the toll scheme.
The memo surfaced shortly after the Trump administration issued a third ultimatum to New York, demanding a halt to its toll collection efforts. This toll, which kicked off in January, imposes a $9 fee on most drivers for access to the more congested regions of the borough. Authored by three assistant U.S. attorneys from New York’s Southern District, the document expressed concerns over the notable risk of litigation concerning Transportation Secretary Sean Duffy’s choice to retract federal approval for the toll. The memo warned this could likely result in losing the legal battle.
Instead, the attorneys proposed that a more favorable outcome might be achieved if the department pursued an alternate bureaucratic process, arguing the toll no longer meshed with the wider federal agenda. Nicholas Biase, a representative for the Southern District of New York, clarified in a Thursday statement that the filing was an “entirely honest mistake with no deliberate intent.”
In response, the Transportation Department criticized the Manhattan federal prosecutor’s office, declaring its decision to remove the Southern District from the ongoing case. “Are SDNY lawyers on this case incompetent or was this their attempt to RESIST? At the very least, it’s legal malpractice,” said an agency spokesperson.
This incident unfolds following the resignation of several top prosecutors from the office, who openly criticized their superiors in Washington over ethical concerns related to a corruption case against Mayor Eric Adams. They described the situation as unethical, improper, and unjust. This week, Jay Clayton, nominated by President Donald Trump to lead the office, was formally sworn in.
Trump, whose Trump Tower is positioned within the “congestion pricing” tolling zone, has been a long-time critic of the toll program, vowing to dismantle it during his tenure. In February, his administration demanded the cessation of the initiative, withdrawing federal endorsement of the toll. Duffy labeled the program “a slap in the face to working class Americans and small business owners.”
New York acted swiftly, filing a federal lawsuit to uphold the program and asserting it would continue toll collection until a judicial order dictated otherwise. Despite the Transportation Department repeatedly urging a stop to the toll and threatening to withdraw funding from key transport initiatives, New York pressed on.
The toll rates fluctuate based on vehicle type and time of day, facing backlash from metropolitan commuters due to its cumulative effect with existing bridge and tunnel tolls entering the city. Typically, drivers pay $9 to enter Manhattan south of Central Park on weekdays between 5 a.m. and 9 p.m., and during weekends from 9 a.m. to 9 p.m. During off-peak hours, the toll drops to $2.25 for most vehicles.
New York officials argue that the program has effectively mitigated city traffic congestion and predict it will funnel billions towards enhancing subways, commuter trains, and public buses.