The damages declared are final and can’t be appealed, the problem however for FHFA is the domino effect, if the 3th is illegal and “for cause” is illegal, it will be replaced with “at will” if it is “at will” the agency is no longer independent and transformed into an executive agency, as it now needs to obey the president, then as executive agency you have the fiduciary duty to act in the best interest of the regulated conversatee, and no longer out of self interest so 12 U.S.C. § 4617(b)(2)(J(ii) needs to go, but if this ones goes, HERA suddenly needs to be transformed to a none executive power act, and all wishes it has in HERA (and those are lot) need to be deleted as the director of the FHFA can now only make decisions based on rules, not on wishes. As it no longer can act out of self-interest
That’s needs further explanation so let me give it a try, for now the FHFA is independent, and the director has executive power to demand basically everything he thinks needs to be done, or what he thinks should be done WITHOUT regulation, if the FHFA is no longer “Independent” due to “for cause” it is executive, and only can follow the rule of law, the president is in charge and the director of the FHFA had lost all his executive power to the president, and can ONLY act on the regulation already in place, he no longer is able to make ANY decision by himself alone, only if the law in place says so, so all the smart talk like “if the director demands” needs to be severed out of HERA, and “maybe” be replaced with market data upon which the director can take action if the value drop below a certain figure, but those calculations needs to be approved by congress first
This of course is only ONE of the problems they are facing, other problems are:
- A 4th amendment
- Consent Decree
- Congress approval on a commitment fee
- UMBS
- 41Billion of Washington Federal
- 11.000 (UN-)redacted documents
- 44 lawsuits, Specifically the Class action / Jury demand Lawsuits
- Double relief
- District court / Federal court
