You’ll remember Myron Steele former Chief Justice of the Delaware Court filed an amicus brief on behalf of Perry in their Appeal of Judge Lamberth’s decision. Well, now Steele has himself filed suit in Delaware simply asking the court there to decide if the 3rd Amendment (the Net Worth Sweep (NWS)) is legal under Delaware law. Since Fannie Mae and Freddie Mac are incorporated in Delaware, any ruling there would be significant. Should the Delaware court decide the NWS did violate Delaware law, then Sweeney and the Appeals Court would be likely to take that into consideration when ruling.  A ruling there does make it easy for everyone, no need to bother with the 5th amendment drama, if the NWS itself is in violation of Delaware law, everything after that is a moot point.

Steele will be in front of the Court he was Chief Justice of…….home field advantage?

Steele Delaware Complaint (pdf)

Additionally,

Seems the White House is getting very interested in what is happening before Judge Sweeney….

[drizzle]From the filing:

(Judge Sweeney)

APPLICATION FOR ACCESS TO PROTECTED INFORMATION

Pursuant to paragraph 7 of this Court’s Amended Protective Order dated July 29, 2015 (ECF No. 217), defendant, the United States, respectfully requests that Jennifer O’Connor, James Walsh, and Allison Murphy be permitted access to information protected by the Protective Order. All of the applicants are attorneys representing the United States within the meaning of Paragraph 4 of the Protective Order, and work in the Office of the White House Counsel. Counsel for the United States has consulted with counsel for plaintiffs, Fairholme Funds, Inc., et al. (Fairholme), who has indicated that Fairholme does not oppose these applications for access to protected information.

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

s/ Robert E. Kirschman, Jr. ROBERT E. KIRSCHMAN, JR. Director

s/ Kenneth M. Dintzer KENNETH M. DINTZER Deputy Director

Commercial Litigation Branch Civil Division

U.S. Department of Justice P.O. Box 480

August 21, 2015

Oddly enough this filing comes after this Aug 15th golf outing:

Fannie Mae: Obama's Interesting Golf Buddy...

WASHINGTON — President Obama is golfing today on Martha’s Vineyard with Ron Kirk, the former Dallas mayor who served as U.S. trade ambassador during his first term.

It’s a power foursome, rounded out by former President Bill Clinton and Vernon Jordan, adviser and friend to presidents. They’re at Farm Neck Golf Club.

Before Obama named him to the Cabinet, Kirk liked to quip that he’d be content to become first buddy, following in Jordan’s footsteps. As trade representative, and since leaving office, Kirk has golfed often with Obama.

Kirk and his wife, Matrice Ellis Kirk, had dinner with the Obamas on Wednesday in Edgartown at a restaurant called Alchemy, known for creative New American cuisine. They were joined by former Attorney General Eric Holder and his wife, and National Security Advisor Susan Rice and her husband.

Why does this golf outing matter? Ron Kirk just happens to be:

Ron Kirk is Senior Of Counsel in Gibson, Dunn & Crutcher’s Dallas and Washington, D.C. offices. He is Co-Chair of both the International Trade and Sports Law practices.  He is also a member of the Public Policy, Crisis Management and Private Equity practice groups.

Ambassador Kirk focuses on providing strategic advice to companies with global interests. Prior to joining the firm in April 2013, Ambassador Kirk served as the 16th  United States Trade Representative (USTR) and was a member of President Obama’s Cabinet, serving as the President’s principal trade advisor, negotiator and spokesperson on trade issues.

Ambassador Kirk was nominated to be United States Trade Representative by President Barack Obama and was confirmed by the United States Senate in 2009. The office of USTR is responsible for the development and oversight of U.S. trade policy, including strategy, negotiation, implementation and enforcement of multilateral, regional/bilateral and sector-specific trade agreements. Ambassador Kirk successfully negotiated the conclusion and Congressional passage of trade agreements with Columbia, Panama and Korea, and Russian’s entry in the World Trade Organization. He was also responsible for U.S. trade policy involving agriculture; industry; services and investment; intellectual property; environment; labor; development and preference programs.

Ambassador Kirk draws upon more than 30 years of diverse legislative and economic experience on local, state and federal levels. As the first African American Mayor of Dallas from 1995 – 2001, he earned a reputation for bringing together diverse coalitions to get things done. During his tenure as Mayor, Ambassador Kirk expanded Dallas’ reach to the world through a range of trade programs, including numerous trade missions. He also passed seven budgets that focused on the critical needs of the city while maintaining and even lowering taxes. His economic development efforts helped secure more than 45,000 jobs and investment of more than $3.5 billion in Dallas. To protect citizens he increased the public safety budget by $128 million, and while he was Mayor, Dallas saw its lowest crime rate in 20 years. Previously, Governor Ann Richards appointed him as Texas Secretary of State, he served as a legislative aide to U.S. Senator Lloyd Bentsen and he was named as chair of Texas’ General Service Commission. Ambassador Kirk also served as a City of Dallas assistant city attorney.

Prior to joining USTR, Ambassador Kirk was a partner at Vinson & Elkins LLP, where his principal area of practice was public finance and public policy.

In 2014, Ambassador Kirk was named one of the “28 Men of Change” by BET Networks and ICON MANN in a special initiative for Black History Month featuring “inspirational figures” from multiple countries and a wide array of industries.  The initiative shared “the journeys of 28 contemporary trailblazers whose formula for success includes empowering others, and who credit their personal and professional advancement to their continued investment in philanthropy.”  He has been actively involved in the community and has been recognized by a number of state and national organizations.  He is currently serving as a Trustee for Austin College and the University of Texas Law School Foundation as well as the Advisory Commission for the Center for American Progress.

Ambassador Kirk was featured in Law360 as part of its Minority Powerbrokers Q&A series in 2014.  He has been named one of “The 50 Most Influential Minority Lawyers in America” by The National Law Journal and one of the nation’s top government relations lawyers by The Best Lawyers in America.  He is the recipient of the University of Texas Distinguished Alumni Award, Woodrow Wilson Center for Public Policy’s Outstanding Public Service Award, the Young Texas Exes Award, and the Austin College Distinguished Alumni Award.  Ambassador Kirk also received an Honorary Doctor of Humane Degree from Austin College and the Mickey Leland Leadership Award from Texas Southern University.

Ambassador Kirk was born and raised in Austin, Texas, where he received his Bachelor of Arts degree in political science and sociology from Austin College in Sherman, Texas. He received his law degree from the University of Texas School of Law in 1979. He is married to Matrice Ellis-Kirk, and they have two daughters, Elizabeth Alexandra and Catherine Victoria.

Ambassador Kirk is admitted to practice in Texas and the District of Columbia Bar.

Why does this matter? Gibson, Dunn & Crutcher is Richard Perry’s law firm vs the FHFA/Treasury…

Could just be a coincidence….

From the latest list of who has been granted access to protected information:

Obama Fannie Mae

So, 8/11 Gibson, Dunn

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