A watchdog urges a DOJ probe after a confidential memo criticizing Trump’s NYC toll lawsuit was mistakenly made public.

Filing Error Sparks Accusations of Bias in NYC Toll Case

A confidential legal memo describing the Trump administration’s effort to end New York City’s congestion pricing program as weak was mistakenly filed in public court records, prompting a government watchdog group to demand a Department of Justice investigation into potential misconduct by federal attorneys.

On April 23, attorneys from the U.S. Attorney’s Office in the Southern District of New York (SDNY), who were representing Transportation Secretary Sean Duffy and the Department of Transportation (DOT), filed the internal 11-page memo in federal court. The document, meant to remain sealed, warned of “considerable litigation risk” associated with challenging the city’s congestion tax program. The memo was removed from the public docket the following day, and SDNY officials claimed the filing was made in error.

The controversial memo, which surfaced amid a federal lawsuit attempting to halt NYC’s $9 congestion fee, immediately drew scrutiny. Democracy Restored, a government ethics watchdog, has called on the DOJ to open an inquiry into the incident, raising concerns about both competence and potential political motivations behind the disclosure.

“It’s imperative to know whether this filing was inadvertent, and incompetent, or something worse,” said Houston Keene, director of Democracy Restored. “The memo contains confidential legal advice that just happens to criticize the secretary and department’s legal strategy — quite an inconvenient document to have made public.”

Watchdog Alleges Political Bias, Demands Accountability

Democracy Restored alleged that the attorneys involved have known partisan ties, including political donations to Democratic campaigns and visible support for left-wing causes on social media. While the group noted that it remains unclear whether the leak was deliberate or accidental, it emphasized that such affiliations undermine the DOJ’s mandate for nonpartisan conduct.

“US Attorneys must be nonpartisan and objective in their work,” Keene added. “The partisan backgrounds of these attorneys add to the doubts. Far too many questions remain unanswered about this incident. The DOJ must investigate this matter immediately.”

In response to the controversy, the DOT has reportedly moved to transfer the case to the DOJ’s civil division. It remains unconfirmed whether the SDNY attorneys responsible for the erroneous filing have been removed from the case.

New York City launched its congestion pricing program in January, imposing a $9 toll on drivers entering Manhattan south of Central Park during daytime hours. The Trump administration issued a federal order to halt the program by March 21, but implementation continued due to ongoing litigation brought by the Metropolitan Transportation Authority (MTA), the agency overseeing the city’s transit system.

In the latest developments, NYC and the MTA have petitioned a federal judge to block the Trump administration’s efforts to terminate the toll plan, arguing that the program has already yielded measurable reductions in traffic and improved travel times.

As the program involves tolling federal highways, its continuation hinges on Department of Transportation approval. Both the DOJ and DOT declined to comment on the matter. The U.S. Attorney’s Office for SDNY also did not respond to requests for comment prior to publication.