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Trump Team Accidentally Uploads Memo Dissing Its Own Case Against Congestion Pricing | The internal document from the Department of Justice was uploaded and quickly removed.
The internal document from the Department of Justice was uploaded and quickly removed.
We know that thanks to an apparent error on the part of the DOJ’s legal team, which uploaded and then removed an internal memo offering its opinion that the effort to kill the tolls is “unlikely” to win over the court. As such, the DOJ’s attorneys concluded “It is very unlikely that Judge Liman or further courts of review will uphold the Secretary’s decision on the legal grounds.” Given that the current position seems to be a loser, the Justice Department attorneys recommended DOT change tact and argue the toll doesn’t align with the agency’s goals and was canceled “as a matter of changed agency priorities”—a position that is more legally defensible under regulations set by the Office of Management and Budget.
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