Fannie Mae (FNMA)

[ano]

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The power granted in HERA are executive
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Actually, Justice Sotomayor disagrees with you (page 21):
I happen to disagree with that stance, but it would only take four more Justices to agree with Sotomayor to make that stick.

It is not the “conservatorship” power, it is the power to put the companies into conservatorship, that power is executive, conservatorship power itself is not

“MR. MOOPPAN: The question is whether it's significant executive power, and the AUTHORITY to decide whether to put Fannie and Freddie into conservatorship or receivership, A DECISION that affects the entire mortgage market and thus the home equity of every homeowner in this country IS UNQUESTIONABLY A SIGNIFICANT EXECUTIVE POWER.:

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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
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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?

agree, the only thing that needs to happen is releasing the meeting minutes of the boards for it to become legal, if the FHFA becomes executive, it was agreeing with itself to rescue(doubtful) and restore the companies health, the agreement is a wind-down agreement, conservators cannot agree on such contracts, receivers can, conservators cannot, so the deal is self-dealing so unsustainable

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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
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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.

By changing “for cause” to “at will’ it will become executive
So we have 2 executive agencies who agreed to put the companies into conservatorship
Executive agencies depend on regulation to perform their duty, the power given to the executive agencies is controlling, enforcing the law (not making the law)
So HERA should be independent, when it then becomes “executive power” it cannot determine to put the companies into conservatorship, executive agencies cannot decide themselves, bases out of thin air to put a company into conservatorship, legislation is needed for that, and that is already present in 4611/4612/4613, so it could not have entered into the PSPA in the first place, and because those are present it also could not make self-dealing contracts as a conservator should defend the companies rights not giving at away, then if HERA Also takes away the power for the judicial branch to review cases it would be beyond doubt, this is not within the separation of powers, furthermore if the SCOTUS decides to change “for cause” the conservatorship is at issue as the courts now have (and should have) the power to question if the behavior of the agency was lawful, and for that to determine the sealed documents need to be un-redacted
1) They did not have the power to put Fannie and Freddie into conservatorship
2) They could not have put in place a wind-down contract as conservator
3) They sealed the documents of the voluntary consent
4) They installed an amendment to siphon-off all profits forever
5) They wound down the Companies portfolio
6) They changed regulation in the meantime
7) They installed things that DO NOT contribute to the Companies profits
8) They micromanage a shareholder company for more than a decade
9) The 5th circuit holding is not overruled yet, the Structure of FHFA is unconstitutional today