After reading through the hearing transcript I want to again thank those who provided such keen insight into yesterday’s hearing, I am glad we were able to release the transcript today, so everyone now knows why I seemed so exuberant last night.
To simplify all of this and bring those who aren’t fully versed on this case yet up to speed let me explain,the government has filed a motion to dismiss the case, and that is what is being addressed now. The government claims that the FHFA is not part of the U.S. government, so therefore judge Sweeneys court does not have jurisdiction, the government then tries to claim privileges that are only entitled to the U.S. government in regards to the FHFA. Hence the schizophrenic comment. It was surrealistic to see the government try and defend their perverse arguments. I loved Judge Sweeneys reaction after Ms.Hosforf was asked to explain the unexplainable. If a movie is ever made of our struggle these lines verbatim are surely going to be in it.
“THE COURT: I just have a question for you. Could
you please explain the litigation position or what I see as a
conflict with — or an inconsistency with, on the one hand,
the Government are saying Plaintiffs lack standing, this
Court lacks jurisdiction because the conservatorship is not
part of the Government, it’s not a Government entity. And,
yet, when Plaintiffs seek discovery, it’s the position of the
United States that any documents generated by the
conservatorship are subject to the deliberative process
MS. HOSFORD: Yes, Your Honor. First of all, there
is case law out there, and we cite it in our brief,
acknowledging that FHFA does enjoy the deliberative process
privilege even when it’s acting as conservator. Even setting
that aside, in the context of this case, it’s very important.
If the Court were ultimately to find that the FHFA is the
United States — or is not the United States, I’m sorry, and
previously they had had to disclose documents that would have
been subject to deliberative process privilege, we have a
potential waiver situation there and we have disclosure of a
lot of documents that can be very harmful to the agency under
the assumption that they are the United States when it could
ultimately be determined that they are not the United States.
So, FHFA is merely trying to protect its rights at
this point. Because the issue is still open, they are not
willing to just give up on the deliberative process
privilege. So, that’s the situation.
THE COURT: No, I — I — okay. Thank you. ”
Don’t feel bad if you got lost in that pathetic web of deceit, Judge Sweeney herself was speechless. As far as the transcript, I hope everybody realizes now why I place our odds of victory so high.
I will have more analysis on the transcript, but that’s all for now. Keep the Faith!