$FNMA #FANNIEGATE

The Federal Circuit entered its order this morning partially granting the government's mandamus petition, and a copy of the decision is attached to this e-mail message.  The Federal Circuit upheld Judge Sweeney's rejection of the Bank Examination Privilege, meaning Fairholme will get those documents.  The Federal Circuit agreed with some of Judge Sweeney's Deliberative Process Privilege rulings and disagreed with others, so Fairholme will get some by not all of those documents.  The Federal Circuit rejected Judge Sweeney's Presidential Communication Privilege analysis, so Fairholme won't get the White House documents it wanted.17-1122-0018

First line: NOTE: "This order is nonprecedential.”

The first footnote suggests muddled analysis which strikes to the heart of Sweeney’s reasoning :

"We use “executive privilege” to collectively refer to the deliberative process privilege, presidential communications privilege, and bank examination privilege."

Deliberative provess and bank examinations privileges are used by independent regulators (FHFA), who should not be acting in a manner to protect the executive branch.