.@TheJusticeDept NEGLECTS THE @FHFA-C's STATUTORY POWER
"The 3rd amdt(NWS)was a conservator's classic task: renegotiating an obligation".I.e.,a "business action of a conservator standing in the shoes of private corps"
It continues to say LIMITLESS POWERS...#Fanniegate@WhiteHouse
"sweeping grant of Powers",in its Inc Power:"in the best interests of the FHFA-C",to argue that it's complying w/ its Powers, when that's been debunked by everybody.The phrase includes "AUTHORIZED BY THIS SECTION".Then,any action must comply with the "rehab" Power too.
The DOJ...
...also omits:
-The obligations it's talking about,are EQUITY affected by HERA's Restriction On Capital Distributions.Then,there's no "renegotiation" but div suspended and REPAYMENT of the SPS under the exception(B),complying also w/ the Power: restore SOLVENCY.
-The 2nd Power...
...in the FHFA-C's Power(SOUNDNESS=Recap),as Retained Earnings w/ div suspended recapitalizes FnF.
-The Charter's "special borrowing rights from UST",highlighted by prof.Nielsen in his Amicus brief(The low cost UST backstop).FHFA can't negotiate "contracts" w/ UST.
4 BIG MISTAKES
What happended to the Solicitor Gnrl that knew that @FHFA-C has a "rehab" Power? Which is also the name given by the Law professor Vartanian in his Amicus Brief:
SWEENEY LACKS KNOWLEDGE ON THE TYPES OF SECURITIES
She claims WaFd(common shareholder)can't identify an injury unique to them and applies Fairholme case(NWS),despite signaling the Warrant is 79.9% COMMON STOCK Beneficial Ownership & Fairholme is JPS holder.#Fanniegate@WhiteHouse
A common stock represents ownership interest in FnF. They own 100% of the company. Thus,they have a direct claim on the issuance of a warrant that is Beneficial Ownership (SEC rule)regardless of being exercised.
Fairholme's claim is derivative(NWS): the injury is suffered by FnF.
The Warrant is a Direct claim by the Common Shareholders,but Sweeney/@TheJusticeDept omit the Warrant to justify that their allegations are Derivative.
Sweeney labels the injury as an overpayment of FnF, just like an excess of dividend,when a Warrant isn't a dividend(retribution)
BOMBSHELL! FINAL PROOF OF THE SECRET PLAN
The ruling stressed that a provision can't be seen isolated but part of whole statute to slam @FHFA's take on superpowers in Inc Power. It must comply w/ Power.
It can be applied to the dividend payments on SPS.#Fanniegate@TheJusticeDept
Because the Charter prior 08 said that @USTreasury can buy obligations at a rate similar to Tsrys.
HERA incorporated below it that they can have unlimited yield. It didn't strike the previous cap.
Div restricted w/ exception:reduce obligations. In 2011 new exception in CFR:Recap.
Now, what measure would you take that complies with ALL of the above?
Pay a div on the obligations SPS similar to Tsrys payable once Adq Cap & the excess applied toward the repayment of the SPS first, later Recap in a escrow acct at @USTreasury & lie about it thanks to Inc Power.