Friday, February 12, 2016 4:10:49 PM
Fiderer on GSEs ... http://www.fidererongses.com/
12 Feb, 2016, No comments
Cooper & Kirk, plaintiffs' counsel in the Fairholme case in the Court of Claims, summed up its objection to the government's assertion of the Qualified Presidential Communications privilege as follows:
But White House officials played a unique role in the decision to impose the Net Worth Sweep, and this fact cannot be seriously disputed in light of the materials attached to the plaintiffs' motion...As this Court has already observed, "[h]igh-ranking officials within an agency, corporation, or other institution are not fungible," [.] and the communications of such officials are not fungible either.
Otherwise, the law firm made a very compelling case against the government's assertion of the Deliberative Process Privilege and the Bank Examination Privilege. One sure bet, the government won't accede to the requests for additional information without a fight.
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