Fairholme delivered a motion to Judge Lamberth today seeking to compel Treasury to share non-privileged documents Treasury doesn’t want Fairholme to see. Fairholme complains to Judge Lamberth that Treasury has “decided effectively to excuse itself entirely from the discovery process” notwithstanding “Treasury was one of the architects of the Net Worth Sweep and has a direct, and massive, stake in the litigation and resolution of the implies covenant claim.” Fairholme asks Judge Lamberth to direct Treasury to comply with the subpoena it served on Treasury in full without further delay. A copy of Fairholme’s motion to compel is attached to this e-mail message.
