Yes, but Treasury wants the court find the contract/agreement to be found illegal before they will write the letter. In other words, we (Treasury) write the agreement if you the court disagree with it or find it illegal through trial first, then we'll cancel the contract and reverse the sweep or we'll continue to take the GSE's money. By definition of the agreement, FHFA is the conservator for the Treasury on behalf of the taxpayers and not the shareholders which is not what Congress wrote HERA to be.
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