Thursday, June 13, 2019 5:24:41 AM
Most attorneys will tell you it is ill-advised to file complex litigation without strong starting point evidence to support your claim. Discovery is then used to add corroboration, but not the BASIS for plaintiff's claims. That goes double in any suit against GOV who has all manner of legal obstacles to throw under your tires when plaintiffs try to dig into the vault of secrets.
It is easy to criticize Sweeney, but IMO the plaintiff legal teams did more to rack up a mountain of billable hours than gain any resolution that would have ended the imprisonment of their client's investments in GSE stock.
There has never been a pure Constitutional challenge filed, seeking repeal of HERA. Instead, we have two dozen suits seeking damage awards. Damage claims are the nitty gritty of discovery details which explains the GOV stonewall. Getting HERA overturned could have been quick and easy to get a ruling and put a stop to the insanity if successfully plead before the court. It just wouldn't have engorged the plaintiffs with damages, just an end to an illegal conservatorship.
So cut Judge Sweeney some slack, here. The five years of delays are largely a self-inflicted wound.
All IMO.
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