Fannie Mae-No Politics (FNMA)

[obiterdictum]

Yes. The precedents in the first lawsuit are not situated in unambiguous circumstances, events and behavior. There is a great deal of room for interpretation and counterargument.

The second lawsuit is based on clear and unambiguous violations of the Administrative Procedure Act that were made by the US Treasury and FHFA when drawing up and enacting the PSPAs in an arbritary, capricious, and unlawful manner. The statutory provisions of HERA 2008 for both the US Treasury and the FHFA were ignored in the making of the Third Amendment to the PSPAs.

The Third Amendment itself is the glaring evidence of the violations made along with fact that the Third Amendment was made in a non-public (secret) conscious collaboratiion between the US Treasury, its Secretary and the FHFA and its Acting Director and then forced upon the GSEs.

There is no way for the US Treasury and FHFA to legally dodge this bullet.

The lawsuit did not invoke the Federal Tort Claims Act, but the US Government and its agents and agenicies can be sued by private individuals through the Federal Tort Claims Act which provides a limited waiver to federal sovereign immunity. Since it was not invoked, and there is no announcement for either in that regard, it is safe to assume that these lawsuits considered this beforehand and therefore will not be rejected on the basis of the Sovereign Right of the US Government.