A government watchdog group is urging the Department of Justice to launch an internal investigation into whether attorneys within the U.S. Attorney’s Office for the Southern District of New York (SDNY) deliberately sought to undermine efforts by Transportation Secretary Sean Duffy to halt New York City’s controversial congestion pricing program.
The group, Democracy Restored, raised concerns following an unusual episode in federal court that unfolded in late April. On the night of April 23, SDNY attorneys representing both Duffy and the Department of Transportation (DOT) filed an 11-page memo in a federal court in Manhattan. The confidential document reportedly warned of “considerable litigation risk” in the Trump administration’s attempt to dismantle the tolling program—casting doubt on the legal strength of the government’s case. By the next day, the document was abruptly removed from the public docket. The U.S. Attorney’s Office later attributed the filing to an administrative error.
Transportation Department officials responded by moving the case to the DOJ’s Civil Division, according to The New York Times. Fox News Digital reached out to the DOT to confirm whether the attorneys responsible for the erroneous filing had been removed from the case but did not receive an immediate response.
Sean Duffy has been a vocal critic of the congestion pricing program—often referred to as a “driving tax”—which imposes a daytime toll of $9 on most vehicles entering Manhattan south of Central Park. The plan was launched in early January with the goal of reducing traffic and funding public transportation through the Metropolitan Transportation Authority (MTA). The Trump administration responded by issuing a federal order to halt the program by March 21. However, that effort has been stalled by ongoing litigation initiated by the MTA.
In a letter to the DOJ, Democracy Restored Director Houston Keene questioned the motivations behind the filing, calling the incident either “inadvertent and incompetent—or something worse.”
“The memo contained sensitive legal analysis that happened to challenge the administration’s position,” Keene said. “It’s an inconvenient document to surface publicly for lawyers tasked with representing the federal government.”
The group highlighted what it described as a troubling pattern: attorneys involved in the case were registered Democrats with public records of donating to Democratic candidates and engaging in partisan advocacy, including social media support for progressive causes and opposition to former President Donald Trump’s policies. While the organization did not definitively claim the filing was intentional, it emphasized that the political affiliations and prior conduct of the attorneys raised legitimate ethical concerns.
“Federal prosecutors are expected to act with impartiality,” Keene added. “Given the apparent political leanings of those involved, and the high stakes of the case, the Justice Department must investigate this incident thoroughly and without delay.”
As the legal battle over the congestion pricing program continues, New York City and the MTA have asked a federal judge to block the Trump administration’s efforts to dismantle the initiative. City officials argue that the tolling system has already produced positive results, citing improved travel times and reduced traffic congestion. Since the program affects tolls on federal highways, it requires DOT approval to proceed.
While the Department of Justice declined to comment, inquiries to the Department of Transportation and the U.S. Attorney’s Office for the Southern District of New York also went unanswered as of publication.
