Fannie Mae-No Politics (FNMA)

[rosen62]

"Why is the administration concerned about a 3rd party? "

In today's Fairlhome response to defendant's motion for protective order there are clues about what I meant by 3rd party. Below is the paragraph...

1. As a threshold matter, the deliberative process privilege applies only to communications within the Executive Branch. “The deliberative process privilege is a shield which the executive branch may use to deflect public scrutiny away from its internal decision making process.” Disc. Order No. 6 at 6, Starr Int’l Co. v. United States, No. 11-779 (Fed. Cl. Nov. 6, 2013), Doc. 182 (hereinafter “Starr Order”) (F40). It “protects only inter-agency or intra-agency documents. Disclosure to a non-agency third party waives the privilege.” Id.at 11 (F45). The Government has argued in its motion to dismiss Plaintiffs’ taking claim that FHFA “is not the United States when it acts as conservator.” MTD 12. This is what it said to this Court: “Plaintiffs’ claims against FHFA and its actions as conservator are effectively claims against Fannie Mae and Freddie Mac—neither of which are alleged to be a Government entity. . . . By suing the conservatorships, Plaintiffs . . . are effectively suing private corporations for the decisions of their management.” Id.at 14.

The Government’s position thus precludes it from now asserting the deliberative process privilege as to any communication or document to which Fannie or Freddie, or FHFA as their conservator, was a party or recipient. The government can hardly assert as a defense to Plaintiffs’ taking claim that FHFA as conservator is not a government agency and then turn around and assert a privilege available only to government agencies to prevent Plaintiffs from discovering information necessary to prove the contrary.

By "administration" I mean the Executive branch and by 3rd party I meant FHFA -as not being the United States-. I don't think I will ever have the clarity of a lawyer (or Fairhlome's).