The Charter Act has not been used by any of the plaintiffs lawyers in going after the illegal conservatorship. FHFA / Treasury have numerous violations of Federal statutes.
Example:
UNITED STATES COURT OF FEDERAL CLAIMS
Wazee Street Opportunities Fund IV LP,
Filed 04/03/23
Quote: "This lawsuit does not challenge the foregoing arrangement made in September 2008. While Plaintiffs do not concede that all the measures taken in September 2008 were justified or necessary, they are not here to challenge the placement of Fannie and Freddie into conservatorship at the height of the financial crisis, or the original deal struck by Treasury and FHFA at that time." End of Quote. Page 7
The lawyers are focused on the third amendment net worth sweep. By Public Law the whole contract is illegal, the contract is illegal based on the United States is not permitted to charge a commitment fee to be paid by the enterprises.
Barron said it best Quote: So there you have it. A blatant Administrative Procedures Act violation. Where were all the attorneys for the past 15 years? Our supposed betters. The experts class with fancy degrees? The APA violations have been staring us in the eyes out in the open since day one. In stead we have been lead down the rabbit hole with legal obfuscations of ultra vires actions of the Conservator when they could have voided the whole damn thing without ever considering the Conservator. I wish I had read this law years ago instead of just recently. Instead we are following the silly trial for the second time in Lamberths Court. And yet Hamish Hume ignored me when I offered him this statute for this trial and the Wazee case. But at least I tried." End of Quote
FHFA and its Director are executive branch entities. They can not make changes to federal laws. Only Congress can change the law. And certainly cannot negotiate the law away.
Therefore, the U.S. Congress did not give DeMarco the power to take all the future profits of their wards in conservatorship into perpetuity, thus Nationalizing the GSES, based on an Incidental Power in HERA: The Net Worth Sweep.
The U.S. Congress would have given the FHFA more explicit instructions to do so than merely drafting in the HERA to do whatever it feels is in its best interests. DeMarco, this non-elected bureaucrat, has been allowed to steal the companies for the Treasury.
