Ok. So the government is arguing that the Treasury has/had nothing to do with putting fannie in cship, that is, Fairholme sued the wrong entity so the suit should be dismissed.
Then, the treasury comes out and says to the effect: "We (treasury) wont release the cship without legislative action."
Does any one else see the conflict here? On one hand the treasury says they are not in charge, and, on the other hand, they give the order that it cant be released, as if they are in charge.
The treasury can not have it both ways: They cant tell the judge "they didnt do it" and then try to undo what they did not do in the first place.