Sunday, November 22, 2020 2:22:06 PM
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010347-11/1391430 V1
One common narrative misleadingly asserted by the Government is
that its officials acted to save the Companies from financial doom, but the
facts alleged tell a more disturbing story—and an inherently credible one.
The Government forcefully imposed the conservatorships for reasons that
were not covered by HERA’s provisions. To support their central factual
allegation that the Government exceeded HERA’s limits by imposing the
conservatorships through coercion, not consent, the Washington Federal
Plaintiffs, in amending their complaint, drew upon government documents
produced during jurisdictional discovery. Appx96 n.1. These documents
memorialized internal deliberations, in emails and other records, as events
unfolded in late-summer 2008 and reveal the inside story of why, in fact,
the Government imposed the conservatorships. The CFC’s dismissal order
made no effort to grapple with the following allegations bearing on the
Washington Federal Plaintiffs’ standing to seek relief.
Despite the vast economic consequences, the Government
deliberately kept its takeover plan secret until the last possible minute.
Appx109-110¶¶58-61. In a communication with President George W. Bush
days before the conservatorships were publicly announced, Secretary
Paulson described the takeover graphically as akin to a military ambush.
“We’re going to move quickly,” he advised the president, “and take them
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