The United States Ministry of Transport said on Thursday that it had taken the extraordinary measure of replacement of federal lawyers who defended it in a trial on the pricing of the congestion of New York, after having accused them of having undermined the ministry’s attempt to end the toll.
The decision was made after the Office of the United States Prosecutor of Manhattan, who had dealt with the case, said that he had mistakenly tabled the Federal Court on Wednesday evening a confidential service note which questioned the legal strategy of the ministry and urged a new approach.
In response, however, the ministry has raised the possibility that disclosure has tried to sabotage its efforts to stop the prices of congestion. Transport officials said they would transfer the case to the Civil Division of the Ministry of Justice in Washington. The memo has since been removed from the public file.
In the letter, dated April 11, the three American assistant lawyers on the case warned that Sean Duffy, the transport secretary, used a trembling justification to end the toll plan and was “extremely likely” to fail, lawyers wrote.
The 11 -page letter rather suggested that the ministry could build a stronger case if it sought to end the approval by the federal government of the toll program “as a question of priorities of the modified agency”, rather than to stick to the previous tactics to question the legality of the toll.
It is not uncommon for lawyers to advise their customers in this way. But the deposit telegraphed the government’s legal weaknesses in the midst of a tense struggle with Governor Kathy Hochul and the public transport leaders who promised to maintain the toll program.
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