Fannie Mae-No Politics (FNMA)

[kthomp19]

If I understand correctly, Fairholme will receive 48 of the 56 documents in Sweeney's ruling, i.e. all but the eight listed in the mandamus ruling.

I wonder how this affects the rest of the 11,000; it likely will depend on which privileges were asserted on them. The mandamus ruling denied disclosure for documents with the presidential communications privilege so I wouldn't expect any of those to be released.

The Court of Appeals allowed disclosure for all documents with the bank examination privilege. If Sweeney's intent was to have all documents released (given her 1.000 batting average in favor of release), I think that she will order the release of all documents with the bank examination privilege, essentially having been given carte blanche to do so.

As for the documents with the deliberative process privilege, the mandamus ruling seems to protect those that do not pertain to the NWS and allow the release of those that do. I'm not sure how many of the 11,000 documents have the deliberative process privilege and specifically have to do with the NWS; given today's ruling I expect Sweeney to release those with both information the plaintiffs can't get any other way and that directly pertain to the NWS.

Those are my immediate opinions on the matter.