Saturday, July 20, 2024 8:25:51 AM
The problem is and always has been that the plaintiffs attorneys have only challenged the “Actions of the Conservator” such as the NWS or other provisions of SPSPA which is a contract. 4617f bars courts from questioning the actions of a conservator.
The Plaintiffs brought the wrong lawsuit. The Federal statutes are the Charter Act, the Safety and Soundness Act of 1992, as amended by HERA, Administrative Procedures Act, and potentially the Chief Financial Officers Act. None of the litigation made any claims of violation of these acts. The plaintiffs have to prove the FHFA / Treasury broke the law.
The lawsuit challenged the actions of the Conservator and attempted to squeeze the APA and the 5th amendment takings into the Actions of the FHFA-C within the terms of the SPSPA, it failed. AGAIN, The Supreme Court basically said we will not rule or give Judgment are act as an arbitrator on the contract the SPSPA. So, the NWS was not validated by the Court: The Court dismissed the lawsuit, by memory 9-0.
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