"Total garbage. That only means FHFA gets the ultimate decision making authority to do what it thinks best. If they agree with suggestions, they are free to implement them. You can't twist this into some convoluted idea that if Treasury or someone else suggests something, FHFA is barred from implementing what it thinks is best. "
This is where the difference between "May" and "Shall" comes in. If the section had said "May", then it would mean that FHFA would be able to listen to the advise or direction of the Treasury and decide whether to act on it or not. Because it says "Shall", that means that FHFA can not even receive SUGGESTIONS from the Treasury about how to proceed.
This point is actually very uncontested. It is only whether the evidence exists showing the Treasury gave direction or not and whether the court defines any communication between the Treasury and FHFA as direction that is in dispute.
It should also be pointed out that FHFA can NOT do "whatever it thinks is best". It must act within the confines of the HERA mandate to preserve and conserve.
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