Fannie Mae-No Politics (FNMA)

[obiterdictum]

Hi mike_usa,

Legal counsel for FHFA and Mark Calabria requested the Court in a letter to take into consideration that the FHFA under its new leadership has reconsidered its position on the constitutional issue found in the case.

The constitutional issue is whether or not the FHFA structure as given in HERA along with its for-cause removal provision is constitutional.

The Appellants argued that the FHFA structure is unconstitutional.

The Appellees letter requests the Court to accept the new FHFA leadership reconsideration that the FHFA structure as given in HERA along with its for-cause removal provision is constitutional.

The reason for the Appellees reconsideration and change by the new leadership is not provided other than to say there is new leadership and that the specific positions and arguments made in 2018 apply and the January to January 23, 2019 arguments made to the en banc panel during the interim Director (Otting) term do not apply.

This change alters the complexion of the case by altering the en banc petition and oral arguments made by the Appellees (FHFA and Otting) on January 23, 2019. During Otting's tenure, the FHFA and Otting did not defend the constitutionality of the FHFA structure HERA's for-cause removal provision.

The Appellees attempt to bolster their arguments against the Third Amendment by reverting to the 2018 position and arguments that originally included a defense of the constitutionality of the FHFA structure HERA's for-cause removal provision.

The Court will decide what to do with the Letter to the Court.