The 11-page document —uploaded Wednesday night to the docket for the ongoing lawsuit between New York’s Metropolitan Transportation Authority and Duffy’s DOT before being taken down—was originally sent on April 11 to DOT’s senior trial attorney Erin Hendrixson, advising her and her team to change their approach or risk losing their case.

An embarrassing disclosure by federal lawyers revealed the weaknesses in the government’s bid to end the New York toll program. It could mark a turning point in the case.