Fannie Mae-No Politics (FNMA)

[Robert from yahoo bd]

many judges felt that HERA actually authorizes FHFA to steal with the use of "may" .

True, and if the SCOTUS truly wants to dodge remedial relief for the Collins Plaintiffs, I am sure they can find a way.

But, I don't think it will be by them saying, that HERA says the FHFA "may act in it's own benefit, whenever exercising its Conservator powers". Why? Think about what David Thompson said during oral arguments, if that is the case and the US Congress thought that it was okay for the Conservator to act in any way that MAY benefit the FHFA, then they would have endorsed an unconstitutional taking and would have made the US Government liable for a Takings Claim.

It would be in the FHFA'S best interests to acquire all the assets of the gses for $1. Does that mean that HERA authorizes that?

You should read my earlier in the day response to FFFacts when he brought this up. Also read the 5th Circuit EnBanc Panel majority ruling on this particular topic.

Remember, the "may be in the FHFAs interests" power in HERA is an INCIDENTAL POWER AND DOES NOT OVERRIDE THE GENERAL POWER OF THE CONSERVATOR TO PRESERVE AND CONSERVE THE ASSETS AND PROFITS OF THE GSES.

"Congress doesn't hide elephants in mouse holes", is a famous quote from a USSCT case. "You don't hang the motor on the tailpipe" is what the 5th Circuit said.

GIVE ME SOME OTHER REASON THE SCOTUS WILL DENY THE COLLINS PLAINTIFFS RELIEF AND WHY YOU THINK IT WILL HAPPEN, IF YOU CAN THINK OF ONE.

In many ways, all this multi-year Litigation is simply a chess match and the Collins Plaintiffs are getting very close to CHECKMATE!

I've never seen an investment involving so many moving parts and I kind of enjoy the intellectual exercise, but sadly it would never have been necessary had the Government intended to follow HERA.