Judge Rules in Favor of Fairholme, Orders U.S. Government to Release More Fannie Mae Documents

From Bruce Berkowitz on recent Fannie Mae, Freddie Mac court ruling/s


Dear Investor,

Earlier this week, we received a favorable ruling from Judge Margaret Sweeney in the U.S. Court of Federal Claims granting our motion to compel the United States to produce dozens of documents that had been withheld due to assertions of deliberative process privilege, bank examiner privilege, and presidential communications privilege.  In our Motion to Compel, we asserted that the Government has used “haphazard, inconsistent, and in at least some cases plainly unwarranted” privilege assertions to “shield over eleven thousand responsive documents from discovery.”

While the court’s Opinion and Order is currently under seal, we anticipate that it will be made public (in part or in whole) in the near future.

In the interim, we have informed the U.S. Court of Appeals for the District of Columbia of Judge Sweeney’s ruling so it has the benefit of this additional information while evaluating our appeal in Perry Capital LLC v. Lew.

Kind Regards,

Investor Relations

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