Wednesday, June 11, 2014 7:52:57 AM
Thank you for the clarification.
My inquiry was similar to the one plaintiff raises. "Could the Executive Branch be concerned with/about FHFA -claiming deliberative process privilege- IF, as defendant has already claimed, it is not the US government?
From your answer, if I understood correctly, FHFA can be both the US and not the US government depending on circumstances. Therefore, it is potentially possible for defendants to raise the deliberative process privilege issue.
So, are you saying Judge Sweeney will first have to determine if FHFA is or is not the US government in this particular instance before she can comment on this specific prong of the whole argument?
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