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Re: Mnemonic post# 709971

Wednesday, 02/02/2022 3:05:57 PM

Wednesday, February 02, 2022 3:05:57 PM

Post# of 796781
Okay if I ASSUME direct JPS claims. You’re right the CFC has no injunctive authority. In that sense it’s a court of limited remedy. But it has other powers. It can order damages. It can order ‘inter-agency accounting adjustments’ in certain cases to support of public use ‘efficiency’.

Considering shady accounting played a leading role as villain in the GFC (and IMO leading up to Conservatorship), perhaps it can change its cape and be now instead the Ps hero & the USG’s ‘Fall Guy’.

As far as the Lamberth claim in the DC District/Circuit- I do think the Implied Duty claims have a slightly better chance than the Takings in CFC. But one thing is clear: a final binding order in either case will almost *certainly* impact the other in some significant fashion. Fun days ahead.