The Department of Justice, working for the Taxpayer, thinks the facts and truth should be kept quiet. Why is this that your government thinks you do not deserve the truth? Your government thinks you need protected from the truth and the facts. This is not what the Taxpayer deserves.
The Government’s assertion in the D.D.C. Fairholme litigation that the Net
Worth Sweep was a policy-driven action is undermined by the unredacted information.
The D.C. Circuit and other courts should have access to the relevant
facts in making their decisions.
The Supreme Court has emphasized the importance of “protect[ing] the integrity of the
judicial process” and “prevent[ing] improper use of judicial machinery.” New Hampshire v.
Maine, 532 U.S. 742, 749, 750 (2001) (quotation marks omitted). Those values are implicated
here. In the D.D.C.’s Fairholme litigation, the Government consistently portrayed the Net Worth
Sweep as a reasonable, policy-driven response to an impending GSE death spiral. See FHFA
MTD 3 (Exhibit 4, A019).( blanked out)
On the very day that Treasury announced the Third Amendment, ( blanked out)
observed in an email with the subject line “Treasury Announcement,” ( blanked out)
This statement directly undermines the Government’s narrative about the rationale for the
Net Worth Sweep in the Fairholme litigation, and the D.C. Circuit has a right to have such information
in making its decision. Cf. Ex parte Uppercu, 239 U.S. 435, 440 (1915) (ordering the release
of protected information to a third-party litigant because of “[t]he necessities of litigation
and the requirements of justice”). This Court should de-designate the unredacted information so
that it is not the only court with access to critical information relating to the Net Worth Sweep.
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