Fannie Mae-No Politics (FNMA)

[clarencebeaks21]

I think so. Page 32-3 indicates NWS breach of contract claims cannot be pressed against the FHFA because to execute the NWS, FHFA had to interpret the Incidental Powers clause, and in so doing, used & retained its government character: an Executive agency. So presumably if the defendant was the GSE the rationale would not defeat the claim.

Hence this tends to lead us straight into the DC court & Judge Lamberth upcoming steps and where the claim IS contractual on Delaware common law AND is against the GSEs themselves.

((FWIW, IMO FHFA was not only a gov actor, it was in reality *legislating* because it was constructing rather than simply construing…sigh…judges are asleep at wheel)