Replies to post #709788 on Fannie Mae-No Politics (FNMA)

[Louie_Louie]

I think if SCOTUS meant for this to go down to the bottom court to start all over again, they should have dam well specified that. What I heard from SCOTUS was remand to the cicuit court Enbanc for damages, if any. Meaning make the frick'n damage determination and give plantifs justice! Quit denying and slowing the inevitable, just to give government more shots at CYA'ing.

If thrown back to the lower court and more discovery, then the lawyers should ask or demand that they add to the original complaints filed. Add illegal nationalization, 5th amendment takings, loan sharking and whatever else. Stack the charges as deep and convoluted as HERA. Why not? If you throw so many problems in the form of illegal practices with this at the courts, maybe they wont be able to construct a convoluted play on 3-4 words to destroy the whole premise.

[familymang]

I think there will be remand and a trial will be required to set the facts straight about what a counter-factual world may or may not have looked like as the trump letter on its own may not be enough.

[clarencebeaks21]

IMO en banc will remand to District Court.

The former-POTUS after-the-fact letter does not meet FRE 201 standards for judicial notice at the Appellate level. The defense deserves the chance to try to exclude it from evidence at trial but IMO it will be admitted; I am unsure if it will be admitted without first Defense getting to depose or cross-exam Trump. There are arguments on both sides: a FRE allowing it, but historical precedent *clearly allows and encourages* ex-Presidents to testify.

The Consolidated cases’ best evidence pled in the COFC (emails, depositions) is also still pre-trial and, so here again, would not qualify. If the COFC Appellate Court were to (surprisingly) direct a summary judgment for the Ps on a Taking, then the Fifth Crct might have a harder argument for remanding. But neither is likely to happen. There are open questions of fact and law in both Districts. Hurry up and wait. GLTA.