Fannie Mae-No Politics (FNMA)

[kthomp19]

The power granted in HERA are executive

Actually, Justice Sotomayor disagrees with you (page 21):

Conservatorships are -- are never thought of, in my experience, as an executive power. It's historically been an adjunct to the judicial power.

At least one Supreme Court Justice thinks that conservatorship is not an executive power at all. If enough of them do, they could leave HERA alone by saying that FHFA doesn't exercise enough executive power to follow the precedent of Selia and the CFPB.

I happen to disagree with that stance, but it would only take four more Justices to agree with Sotomayor to make that stick.

the legislation clearly states “§?4613. Critical capital levels” so only after the capital restoration plan has been submitted and the capital they have is below the 1.25% the “§?4617. Authority over critically undercapitalized regulated entities” powers should be given

HERA clearly states that FHFA can appoint itself conservator if the boards consent regardless of capital levels. The boards did consent, and so here we are. What does that have to do with whether FHFA is an independent or executive agency?

Right so if I understand you correctly, the FHFA becomes executive, is headed by a single director who has the executive power to perform his duties, and therefore he can withdraw any demand he makes, and therefore is not liable to any of the 3 branches in the separation of powers and because of the above “for cause” only needs to be changed to executive

The bolded part makes no sense. If FHFA becomes an executive agency, it will be part of the executive branch and its director will be liable to the President.

Everything after that is an extrapolation of an argument I never made.