Its not about the FHFA. This is a breach of contract with fnf. They are not returning the NWS money its about the damages the shareholders sustained when they did the NWS. For a total of about 1.6B in which the jury can give more or less.
Forget about the NWS. Its not about the legality of it but the intentions of it and what harm it caused fnf shareholders. Thats it.