Slam Dunk
while I tend to agree with you on a pure textual bases, other more essential sides come into play in the outcome of this saga, actions, the lack of action, and the facts
The action(/legal) side is:
1) Sweeney granted discovery
2) The 5th circuit ruled the NWS is out of their boundary
3) While plaintiffs win alone on above, the 5th also concluded it is an unconstitutional agency
4) Steven and Mark want this to end
The lack of action:
1) In no document to date the government proves plaintiff wrong so in other words they agree with us
2) Other than saying we can do whatever we want/”may” the government nowhere proves the nws is legal or by that means the conservatorship itself
3) They Redacted documents, while un-redacted documents can prove the government has handled this conservatorship correctly and no one has standing because all is legal
4) By postponing the actions do not become legal
The facts are :
1) Dozens of plaintiffs complain about the same thing the “NWS”
2) The government is not producing documents, which could favor them, and by lacking, it favors us
3) Several Documents that are sealed should not have been sealed according to Sweeney
4) Several RFP’s remain sealed
5) Cooper asked the scotus to rule in this case
6) At the time of the take over FnF were profitable companies, only after the takeover and due to conservator actions they got into trouble
7) FnF are now super undercapitalized due to conservatorship, which is contrary to the FHFA statue
8) Fairholme claims the NWS is a taking and wants to be compensated for missed dividends, or other relief that is just or proper after 10 years of illegal conservatorship, and have 37 RFP’s and to 36 the government is unresponsive, and after producing the RFP’s the whole conservatorship itself becomes a taking
9) The “for cause” needs to be removed by the lower court or the scotus, so FHFA will need to be included in the appropriation act procedure and Fnf receive all funds back that sofar have been contributed to the FHFA,
10) if the conservatorship is ruled illegal, all funds needs to be returned including the CSP
and of course The 5th circuit should not have remanded such an important decision to a lower court who just proved to be in more ignorance than the 5th circuit, but the precedent set is you cannot take and not compensate, so the lower court is unable to come to a settling outcome imo and since we are taking about paydays into perpetually for plaintiffs, cooper asked to scotus to rule, so we have a precedent and money damages can be awarded, in this saga the clock is ticking and it is 2 minutes before 12, in order to avoid loss of face of a lot of government employees it is in the interest of defendants to settle asap, when all the rfp's are produced the whole pspa and conservatorship is at stake as is the 10% interest while they could have used the discount window, on the government versus government agreement, while it looks like the government can do anything it pleases it is just matter of time, it is already ruled illegal so all future cases have standing and imo that is why the 5th circuit remanded the case instead of ruling to let the defendants know “settle NOW” or you be worse off, the plain ignorance of the government comes at a cost and to settle these 10 year old cases will most likely become the most expensive settlement in mankind
AI
