FannieGate: Perry Appeal Transcript

Reading this through I think the worst that happens for plaintiffs is the case is sent back to Lamberth with directions that a full administrative record must be supplied…..

Plaintiff lawyers got very little pushback on that when they listed that as one of the remedies they were looking for.

I think it’s doubtful they toss the 3rd amendment. Remember, Judges tend to look for the easy way out and simply sending it back, based on information uncovered between now and Lamberth’s original decision is in no way a repudiation of what Lamberth decided.  If one is looking for the 3rd amendment to be declared illegal, I think the Steele case in Delaware/Virginia is the best bet for that.

What matters then is the instructions and guidance they give. Do they rule that the record is necessary because if it show FHFA was acting at the direction of the Treasury they violated HERA and then judicial review of their actions is warranted?  If so, it strikes down defendants main argument.

Perry Appeal Transcript

Fannie Mae & Freddie Mac

Freddie Mac



About the Author

valueplays
Todd Sullivan is a Massachusetts-based value investor and a General Partner in Rand Strategic Partners. He looks for investments he believes are selling for a discount to their intrinsic value given their current situation and future prospects. He holds them until that value is realized or the fundamentals change in a way that no longer support his thesis. His blog features his various ideas and commentary and he updates readers on their progress in a timely fashion. His commentary has been seen in the online versions of the Wall St. Journal, New York Times, CNN Money, Business Week, Crain’s NY, Kiplingers and other publications. He has also appeared on Fox Business News & Fox News and is a RealMoney.com contributor. His commentary on Starbucks during 2008 was recently quoted by its Founder Howard Schultz in his recent book “Onward”. In 2011 he was asked to present an investment idea at Bill Ackman’s “Harbor Investment Conference”.