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In War on Congestion Pricing, Governor Turns to Courts and Trash Talk

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In War on Congestion Pricing, Governor Turns to Courts and Trash Talk

Even by New Jersey standards, a news conference Gov. Philip D. Murphy held to announce that he was suing the Biden administration over New York’s plan to charge drivers to enter Midtown Manhattan was heavy on hyperbole.

A U.S. senator accused New York of orchestrating a “shakedown” of New Jersey commuters. A Democratic congressman implied that the fall from grace of New York’s former governor Andrew Cuomo was karmic payback for his support for the new tolls, known as congestion pricing. Another accused the head of North America’s largest mass transit system of giving children cancer.

“I feel like the Ginsu knife commercial,” Mr. Murphy, a Democrat, quipped — referring to a 1980s “wait, there’s more!” ad for a kitchen tool with many uses — as he added that New Jersey would pay a bonus to any state resident who worked remotely for a New York company and successfully sued to recoup out-of-state income taxes.

The gloves are off in a long-simmering border war between New York and New Jersey. And this latest battle has given rise to a curious new set of allies and enemies, allegations of hypocrisy and vivid trash talk — a situation that may grow only more intense as the start of congestion pricing nears, possibly in May next year.

Mr. Murphy, a self-proclaimed environmentalist with national ambitions, is trying to block a plan that seeks to address climate change. He is suing a transportation department controlled by President Biden, an ally, and headed by Pete Buttigieg, a once and future presidential contender.

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New Jersey, a state run by Democrats, hired Randy Mastro — Rudy Giuliani’s chief of staff and deputy mayor when Mr. Giuliani was the Republican mayor of New York City — to file the lawsuit. Two days after Mr. Murphy’s announcement, Staten Island’s Republican borough president announced that he, too, would sue, praising Mr. Murphy’s leadership.

On the outside looking in are environmentalists furious at Mr. Murphy, whom they once regarded as a principled champion of policies to reduce carbon emissions that are rapidly warming the planet.

“Invest in transit, clean the air, show us that you really care,” a dozen protesters chanted outside Mr. Murphy’s announcement. They included some who have taken to dogging the governor at public events to highlight what they see as his failure to take necessary steps to meet his own ambitious goals for addressing climate change.

One demonstrator’s sign made her exasperation clear: “Gov. Murphy hypocrisy stinks.”

The new tolls, which could be as much as $23 at peak hours for vehicles traveling south of 60th Street in Manhattan, are intended to discourage driving and reduce emissions in one of the most polluted corners of the world.

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Pricing details and discounts still must be worked out, but the tolls are expected to generate roughly $1 billion a year for capital improvements to keep the Metropolitan Transportation Authority’s buses and trains running efficiently — services many New Jersey commuters rely on.

“They’re benefiting from a better M.T.A.,” the authority’s chairman, Janno Lieber, said, pointing out that subway fares are subsidized by taxes that New Yorkers, not New Jerseyans, pay.

“Just to keep it in perspective, they do not pay for the subsidies that go to the subways,” he added.

More than three in four New Jersey residents who commute to work in New York already take mass transit, according to an analysis by the Tri-State Transportation Campaign. The average income of the roughly 39,000 residents who drive is $108,000, compared with $88,000 for public transit users, according to the study and transit officials.

If successful, the congestion fee is expected to reduce Midtown traffic by about 20 percent, or roughly 143,000 vehicles.

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Similar congestion-pricing systems exist in London, Singapore and Stockholm. But New York’s would be the first of its kind in the United States. M.T.A. officials said they regularly fielded calls from leaders of other big cities and even small tourist destinations who are watching New York’s rollout with interest.

“Our hope is that, when we get this accomplished, it will encourage other jurisdictions,” Mr. Lieber said.

Not if New Jersey can help it.

Representative Josh Gottheimer, a Democrat, has for years been one of New Jersey’s leading opponents of congestion pricing. He has in past arguments depicted New York as trying to balance its budget on the backs of New Jersey drivers and focused on traffic models that show the tolls could mean slightly more car and truck traffic in his Bergen County district.

Drivers of some vehicles are likely to alter their routes to avoid paying the congestion fee when entering Lower Manhattan through the Lincoln or Holland Tunnels. These so-called toll shoppers might instead use the George Washington Bridge, north of the congestion zone, leading to what an environmental analysis estimated would be a 1 percent increase in harmful emissions near Fort Lee, N.J.

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But on July 21, the day New Jersey filed its lawsuit, Mr. Gottheimer — the congressman who accused Mr. Lieber of giving children cancer by increasing car emissions near the George Washington Bridge — lingered on a newer point.

More cars, he said, would be bad because of the pollution they generate. But, he noted, fewer cars would also be bad, leaving the Port Authority of New York and New Jersey with less money because of a reduction in toll revenue for the agency, which operates the main crossings between New York and New Jersey.

“It will also cost the Port Authority nearly $1 billion in investment for capital projects over the next decade,” Mr. Gottheimer said.

“If you screw with Jersey, buckle up,” he added. “We’re not backing down.”

Political tension between the states is hardly new.

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A quarter-century ago, New York and New Jersey squared off over ownership rights to Ellis Island. In 2010, former Gov. Chris Christie of New Jersey pulled funding at the last minute from a critical Hudson River tunnel project now known as Gateway, sidelining the effort for years. This spring, New Jersey won its legal battle to withdraw from a partnership set up 70 years ago to keep organized crime out of one the nation’s biggest cargo ports.

Mr. Murphy had already made a personal appeal to Mr. Biden to block congestion pricing. His decision to escalate the argument by filing a federal lawsuit also provided another benefit: a well-timed opportunity to change the subject from a blizzard of unpleasant transportation news at home.

Local news headlines have warned that New Jersey Transit, the state’s beleaguered bus and train system, is on track to have a $917 million deficit by the time Mr. Murphy leaves office in 2025, notwithstanding his oft-repeated promise to “fix New Jersey Transit, if it kills me.”

Fare hikes, layoffs and service cuts are suddenly on the table, and the transit agency’s pricey lease for its new headquarters in Newark is facing scrutiny, three months ahead of key legislative races. Republicans are calling for hearings.

New Jersey’s congestion pricing lawsuit argues that the environmental assessment conducted by the M.T.A., which ran nearly 4,000 pages, was insufficient; the federal government, according to the lawsuit, has shirked its responsibility by failing to require a more thorough study, which would probably take years.

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Mr. Buttigieg, who in 2020 competed for the Democratic presidential nomination and was later named to Mr. Biden’s cabinet, declined through a spokesman to comment.

But the lawsuit’s prime argument rang hollow to New Jersey environmentalists, who have called for a similarly thorough environmental review as they fight Mr. Murphy’s plan to add as many as four lanes to a highway that leads into the Holland Tunnel, which is not getting wider.

The project, expected to cost a stunning $10.7 billion, will be funded by New Jersey Turnpike tolls — money opponents argue would be far better spent improving the state’s mass transit system.

“It’s clear that the governor’s administration is prioritizing the needs of drivers,” said Yonah Freemark, a transportation and land-use researcher at the Urban Institute, a nonprofit based in Washington. “It is very difficult for someone who is against congestion pricing and who is promoting an enormous highway widening to take the mantle of being pro-environment.”

Interviews with New Jersey officials about the lawsuit suggest that they hope to exact pricing concessions for drivers or a share in the toll windfall, in addition to pushing back the 2024 start date.

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“Without a seat at the table, we were left with no choice but to file a lawsuit,” Mr. Murphy wrote in a letter submitted to The New York Times.

Mr. Lieber said he had a hard time understanding the justification for New Jersey’s claim that it deserved a piece of the revenue pie, pointing to the tolls that New York drivers regularly pay when they drive on the two main highways that cut through New Jersey.

They’re literally doing exactly the same thing with their tolling that they are saying is evil in our case when we do it,” Mr. Lieber said.

“It smells like a double standard.”

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New York

We Counted 22,252 Cars to See How Much Congestion Pricing Might Have Made This Morning

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We Counted 22,252 Cars to See How Much Congestion Pricing Might Have Made This Morning

Today would have been the first Monday of New York City’s congestion pricing plan. Before it was halted by Gov. Kathy Hochul, the plan was designed to rein in some of the nation’s worst traffic while raising a billion dollars for the subway every year, one toll at a time.

A year’s worth of tolls is hard to picture. But what about a day’s worth? What about an hour’s?

To understand how the plan could have worked, we went to the edges of the tolling zone during the first rush hour that the fees would have kicked in.

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Here’s what we saw:

Video by Noah Throop/The New York Times; animation by Ruru Kuo/The New York Times

You probably wouldn’t have seen every one of those cars if the program had been allowed to proceed. That’s because officials said the fees would have discouraged some drivers from crossing into the tolled zone, leading to an estimated 17 percent reduction in traffic. (It’s also Monday on a holiday week.)

The above video was just at one crossing point, on Lexington Avenue. We sent 27 people to count vehicles manually at four bridges, four tunnels and nine streets where cars entered the business district. In total, we counted 22,252 cars, trucks, motorcycles and buses between 8 a.m. and 9 a.m. on Monday.

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We wanted to see how the dense flow of traffic into the central business district would have generated money in real time.

Though we can’t know that dollar amount precisely, we can hazard a guess. Congestion pricing was commonly referred to as a $15-per-car toll, but it wasn’t so simple. There were going to be smaller fees for taxi trips, credits for the tunnels, heftier charges for trucks and buses, and a number of exemptions.

To try to account for all that fee variance, we used estimates from the firm Replica, which models traffic data, on who enters the business district, as well as records from the Metropolitan Transportation Authority and city agencies. We also made a few assumptions where data wasn’t available. We then came up with a ballpark figure for how much the city might have generated in an hour at those toll points.

The total? About $200,000 in tolls for that hour.

Note: The Trinity Place exit from the Brooklyn-Battery Tunnel, which would have been tolled, is closed at this hour.

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It’s far from a perfect guess. Our vehicle total is definitely an undercount: We counted only the major entrances — bridges, tunnels and 60th Street — which means we missed all the cars that entered the zone by exiting the Franklin D. Roosevelt Drive or the West Side Highway.

And our translation into a dollar number is rough. Among many other choices we had to make, we assumed all drivers had E-ZPass — saving them a big surcharge — and we couldn’t distinguish between transit buses and charter buses, so we gave all buses an exemption.

But it does give you a rough sense of scale: It’s a lot of cars, and a lot of money. Over the course of a typical day, hundreds of thousands of vehicles stream into the Manhattan central business district through various crossings.

Trips into tolling district, per Replica estimates

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Queens-Midtown Tunnel 50,600
Lincoln Tunnel 49,200
Williamsburg Bridge 27,900
Manhattan Bridge 24,000
Brooklyn-Battery Tunnel 23,100
Queensboro Bridge 21,700
Brooklyn Bridge 17,100
Holland Tunnel 15,400
All other entrances 118,000
Total 347,000

Note: Data counts estimated entrances on a weekday in spring 2023. Source: Replica.

The tolling infrastructure that was installed for the program cost roughly half a billion dollars.

The M.T.A. had planned to use the congestion pricing revenue estimates to secure $15 billion in financing for subway upgrades. Many of those improvement plans have now been suspended.

Methodology

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We stationed as many as five counters at some bridges and tunnels to ensure that we counted only cars that directly entered the tolling zone, not those that would have continued onto non-tolled routes.

Our count also excluded certain exempt vehicles like emergency vehicles.

We used estimates of the traffic into the district to make a best guess at how many of each kind of vehicle entered the zone. Most of our estimates came from the traffic data firm Replica, which uses a variety of data sources, including phone location, credit card and census data, to model transportation patterns. Replica estimated that around 58 percent of trips into the central business district on a weekday in spring 2023 were made by private vehicles, 35 percent by taxis or other for-hire vehicles (Uber and Lyft) and the remainder by commercial vehicles.

We also used data on trucks, buses, for-hire vehicles and motorcycles from the M.T.A., the Taxi and Limousine Commission and the Department of Transportation.

For simplicity, we assumed all vehicles would be equally likely to enter the zone from 8 a.m. to 9 a.m. as they would be in any other hour. We could not account for the other trips that a for-hire vehicle might make once within the tolled zone, only the initial crossing. And we did not include the discount to drivers who make under $50,000, because it would kick in only after 10 trips in a calendar month.

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Transcript of Trump Manhattan Trial, May 30, 2024

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Transcript of Trump Manhattan Trial, May 30, 2024

-
Jury Deliberation Re-charge
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK CRIMINAL TERM
-
-
PART: 59
Χ
THE PEOPLE OF THE STATE OF NEW YORK,
-against-
DONALD J. TRUMP,
DEFENDANT.
BEFORE:
Indict. No.
71543-2023
CHARGE
4909
FALSIFYING BUSINESS
RECORDS 1ST DEGREE
JURY TRIAL
100 Centre Street
New York, New York 10013
May 30, 2024
HONORABLE JUAN M. MERCHAN
JUSTICE OF THE SUPREME COURT
APPEARANCES:
FOR THE PEOPLE:
ALVIN BRAGG, JR., ESQ.
DISTRICT ATTORNEY, NEW YORK COUNTY
One Hogan Place
New York, New York 10013
BY:
JOSHUA STEINGLASS, ESQ.
MATTHEW COLANGELO,
ESQ.
SUSAN HOFFINGER, ESQ.
CHRISTOPHER CONROY, ESQ.
BECKY MANGOLD, ESQ.
KATHERINE ELLIS, ESQ.
Assistant District Attorneys
BLANCHE LAW
BY:
TODD BLANCHE, ESQ.
EMIL BOVE, ESQ.
KENDRA WHARTON, ESQ.
NECHELES LAW, LLP
BY: SUSAN NECHELES, ESQ.
GEDALIA STERN, ESQ.
Attorneys for the Defendant
SUSAN PEARCE-BATES, RPR, CSR, RSA
Principal Court Reporter
LAURIE EISENBERG, RPR, CSR
LISA KRAMSKY
THERESA MAGNICCARI
Senior Court Reporters
Susan Pearce-Bates, RPR, CCR, RSA
Principal Court Reporter

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New York

Transcript of Trump Manhattan Trial, May 29, 2024

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Transcript of Trump Manhattan Trial, May 29, 2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK CRIMINAL TERM
-
THE PEOPLE OF THE STATE OF NEW YORK,
PART: 59
Indict. No.
71543-2023
CHARGE
-against-
DONALD J. TRUMP,
DEFENDANT.
BEFORE:
4815
FALSIFYING BUSINESS
RECORDS 1ST DEGREE
JURY TRIAL
X
100 Centre Street
New York, New York 10013
May 29, 2024
HONORABLE JUAN M. MERCHAN
JUSTICE OF THE SUPREME COURT
APPEARANCES:
FOR THE
PEOPLE:
ALVIN BRAGG, JR.,
ESQ.
DISTRICT ATTORNEY, NEW YORK COUNTY
One Hogan Place
New York, New York 10013
BY:
JOSHUA STEINGLASS, ESQ.
MATTHEW COLANGELO,
ESQ.
SUSAN HOFFINGER, ESQ.
CHRISTOPHER CONROY, ESQ.
BECKY MANGOLD, ESQ.
KATHERINE ELLIS, ESQ.
Assistant District Attorneys
BLANCHE LAW
BY:
TODD BLANCHE, ESQ.
EMIL BOVE, ESQ.
KENDRA WHARTON, ESQ.
NECHELES LAW, LLP
BY: SUSAN NECHELES, ESQ.
Attorneys for the Defendant
SUSAN PEARCE-BATES, RPR, CSR, RSA
Principal Court Reporter
LAURIE EISENBERG, RPR, CSR
LISA KRAMSKY
THERESA MAGNICCARI
Senior Court Reporters
Susan Pearce-Bates,
RPR, CCR, RSA
Principal Court Reporter

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