Okay, here is my question - looking strictly at the law (as it is currently written), unencumbered by politics, self-serving interests and corruption... In your honest, obviously well educated opinion, are we right?
Travel5, been in since late 2008.
Yes. Treasury and the FHFA have violated the statues in HERA, APA and the 5th amendment to the constitution. The rulings that specific HERA statutes make it possible that the Treasury and FHFA can do as they wish with private property, with impunity and without judicial review is both absurd and unconstitutional.
Is there a real chance for justice in this circumstance?
I do not know. As you have observed, sitting judges, hearing and reviewing the same materials, come to have very different opinions when interpreting the law. Clearly the law is not at fault. It is the interpretation of the law that is an issue.
Interpretations of law are greatly affected by the personal background, personality, attitudes, beliefs, biases and more of judges. Clearly judges are not free from bias and they exhibit their bias in their judgments and opinions. There are judges to the left and to the right, those who believe in higher power and those who do not, those who are conservative views and those with liberal views and it goes on an on. Is this not the reason there is always great concern by political parties, sitting Representatives, Senators, and the President and the electorate over Supreme Court nominees who are to be confirmed for life tenure in SCOTUS? They are concerned about the biases a judge has and whether those biases will serve their interests over a very long term.
So, justice depends on the judge and not the law alone and given what I have seen in recent times, I cannot say with any certainty that justice will be served by judges with biases that favor the US government over favoring the law.
FnF have paid back what we owed to tax payers with profit, we appear to have the ability to re-capitalize and stand on our own (privatized or government back as FDR intended), right?
Yes. The GSEs can stand alone and without the support of the full faith and credit of the US Government.
The US Government, meaning mainly some men and women in Congress, are fearful of the GSEs. These are two immensely powerful and rich corporations that command 20% of the US economy. Some in Congress and many outsiders are afraid that another recession or depression will occur on account of the GSEs past and the sheer financial size and wherewithal of the GSEs presently. The GSEs are like nations unto themselves. So they want to control the GSE on their end by more than just regulation. They want to imprison them or break them into many companies across the US or terminate them and replace them with a new entity that they can closely control. They favor these type of plans versus having them as fully private corporations to allay their fear. It is very difficult to deal with such fears and this fear and uncertainty has been ruling GSE reform. Maybe, there will be change in the new administration.
