Ms. Robinson’s lawyers advised the Sixth Circuit that in its opening brief filed in Saxton v. FHFA in the Eighth Circuit last month, Treasury concedes that HERA “instruct[s] the conservator to act in ‘the best interests of the regulated entity or the Agency,'” and that statement is inconsistent with Treasury’s position that FHFA can do whatever it wants. A copy of Mr. Cooper’s letter to the Sixth Circuit is attached to this e-mail message.
