Tuesday, November 27, 2018 8:57:30 AM
That money went directly to Fannie and Freddie. They declared it as income on their 10-Q and 10-K filings. The money was then swept to Treasury via the NWS.
Mnuchin answered this in that interview with Maria Bartiromo. Some of it is being used to fund Obamacare. The rest is just used for general government purposes, commingled with all other funds. And no, it's not going into some secret escrow account.
It would take an agreement between Treasury and FHFA to unwind, undo, or replace the NWS. No Congressional action needed.
The lion's share of the responsibility lies with Mnuchin. If he wanted the NWS stopped he could have pushed for it, and accomplished it rather easily. FHFA has always danced to Treasury's tune.
Mainly section 4617(f) of HERA, which bars judicial review of any act FHFA makes as a conservator. The courts have seen that as preventing them from issuing an injunction against the NWS.
For the specific case of FnF, look at HERA. Specifically, section 1117(a)(g)(1)(A).
Simply put, HERA made it legal for Treasury to buy its senior preferred shares and warrants for FnF. So if you're going to argue against this, you're arguing against the rule of law.
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