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Thursday, October 24, 2019 1:34:08 PM
You are welcome RF
"As you know, this working paper was used as a reference three times in the 5th Circuit majority en banc argument that FHFA exceeded its statutory authority in enacting the NWS (http://www.ca5.uscourts.gov/opinions/pub/17/17-20364-CV2.pdf ).";
Did the 5th Circuit dig these working papers out themselves or they were submitted by the P. in the briefs?
Calabria was not mentioned in the Collins et al. original complaint, reply briefs, or appeal to the 5th Circuit en banc. It seems that the Krimminger/Calabria working paper was retrieved by court clerks or panel judges.
Either way, it is my opinion that the the 5th Circuit has a thorough understanding of this case and the over-steps of FHFA and T. The judges (in particular Judge WILLET) have adopted more fact-finding and research into this and its all there in broad daylight if one bothers to see.. Its a pity that after the long drawn out litigation process, the unlawful conservatorship (instead of the NWS) shd be pursued. One would reflect now, perhaps, that would have been an easier route in light of incremental evidence.
RF
Laws, precedents and all evidence submitted are available to the Parties, attorneys and judges. The differences in understanding lie in interpretations of law made in conjunction with the evidence, Party agendas and inherent biases. Same laws, precedents, and evidence but differing understandings and interpretations of these lead to adversarial positions in court.
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