The thing that puzzles me is how Mnuchin/Calabria/et al, allowed themselves to get backed into the corner in this way. All along, they were dismissive of any of the lawsuits.
Most of us here have felt for many months that en banc would more than likely rule for the plaintiffs, based on the hearing. Treasury/FHFA, however, basically chose a position early on of acceptance of whatever rulings would come down, giving them little or no weight.
Did no one foresee a harsh review against the feds coming until the last minute?? That's a little disconcerting, when considering these guys are also running the recap and release show......or at least they are for now.
Maybe the en banc judges will be the ones truly running it from behind the scenes now.