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Thursday, July 28, 2016 12:59:55 PM
I thought the paragraph in HERA precluded the court was doing anything against FHFA as conservator - period. So not only would the court need to find the misdeeds but believe they can inject themselves into this situation?
I thought that the avenue to relief was via FHFA as an entity not a conservator/receiver. That would be the case because such a finding would not have to wrestle with the judicial stripping clause?
In the alternative the court could get involved in the issues of conservator/receiver - but only by not following the plain language of HERA as written (e.g. they find such actions illegal and possible violations of the constitution so they toss aside the immunity from courts clause)?
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