The reason for the rally on Friday was the mounting evidence of rigged litigation by the parties from the beginning: the JPS holders and the FHFA, with the DOJ in between.
The latest, it's a fact that judge Lamberth required a plan of allocation on December 21st and there's been none.
Now, the plaintiffs' plan of allocation has been postponed until two days before the scheduled appeal by the plaintiff Bryndon Fisher, on January 19, 2024.
Bryndon Fisher intends to appeal in the Federal Circuit the recent Final Judgment by judge Sweeney. But, it turns out, that his case has already been appealed twice before.
First, with the lead plaintiff Fairholme's interlocutory appeal (intermediate) in the Federal Circuit, where Fisher was one of the 11 related cases. Due to his insistence, Fisher filed a motion to certify interlocutory appeal with two of the 6 controlling questions submitted by Fairholme in its appeal "that would also dispose of the Fisher and Reid cases", he claimed.
Fisher was then allowed to file Amicus briefs in the Federal Circuit to be in the spotlight. Now we know why.
Finally, the Fairholme plaintiffs filed an appeal in the Supreme Court separately, to review the Federal Circuit decision. Always about a Taking case. The petitions were denied.
The Fisher case has already been dealt with conclusively (disposed of) or terminated.
The DOJ seeks a declaration of Taking during a Conservatorship of congressionally-chartered private corporations and it has in place numerous tricks. For instance, the poster "Robert from Yahoo bd" on Ihub crying out loud daily that there is been a Nationalization by DeMarco. Breach of implied contract in the Lamberth court. Then, Byndon Fisher in the CFC readies another appeal.
There's been a Separate Account plan in accordance with the law instead.
It seems that the DOJ attorneys have seen the common stock valuation with the adjusted fair values in the different possible scenarios, one of them a Taking but announced today at the adjusted Book Value per stock (the JPS aren't part of a Taking, as they are redeemed by FnF at a fair value of par value), and the fact that the UST and FHFA owe FnF $150.9 billion, plus Punitive Damages for the Equity holders.
