@FedSoc
@courtneybuble
FWIW, if someone doesn't comply with congressional subpoenas, they can be held in contempt of Congress and charged in federal court for contempt (see Steve Bannon & Peter Navarro). But this fight will likely hit the civil court docket first.
#BREAKING
: The U.S. Senate Judiciary Committee has voted to subpoena GOP billionaire Harlan Crow and
@FedSoc
chairman Leonard Leo in its investigation into
#SCOTUS
ethics.
Republican senators walked out of the committee room during the vote, per
@courtneybuble
.
NEW: Supreme Court Justice Samuel Alito WILL NOT recuse himself from cases involving
#Jan6th
or Donald Trump, writing in a letter to Congress he believes a reasonable person would conclude the flag flying incidents do not meet the standards for recusal.
BREAKING: A 6-3 Supreme Court rules a federal bribery law doesn’t cover gratuities, or gifts given to public officials for acts they’ve already taken. Sotomayor, Kagan & Jackson dissent.
(Snyder v. U.S., No. 23-108)
#SCOTUS
BREAKING: A 6-3 Supreme Court rules presidents are entitled to absolute immunity from criminal prosecution for official acts, but there is no immunity for unofficial acts.
(Trump v. U.S., 23-939)
#SCOTUS
BREAKING: A 6-3 Supreme Court UPHOLDS an Oregon city’s ban on camping in public spaces, finding it doesn’t unconstitutionally criminalize the status of being homeless. Sotomayor, Kagan & Jackson dissent.
(City of Grants Pass v. Johnson, No. 23-175)
#SCOTUS
BREAKING: A DC federal jury found the
@FHFA
wrongly amended stock purchase agreements related to the governments bailout of
@FannieMae
&
@FreddieMac
and awarded shareholders $612.4 million in damages, broken out as follows:
UPDATE: The judge ordered Binance & the U.S. Securities and Exchange Commission to try to reach an agreement to secure the U.S. assets but allow Binance to continue operating as usual, which the company said a freeze wouldn’t allow. Binance must file a list of business expenses.
Later today, a D.C. federal judge will hear the U.S. Securities and Exchange Commission's request to freeze
@BinanceUS
assets while it pursues claims the crypto exchange violated securities laws. Binance says the request is uneccessary & unjustified.
Justice Jackson, joined by Justices Sotomayor & Kagan, saying the majority's "absurd and atextual reading of the statute is one only today's court could love."
~Some news~
I'm excited to announce that I'll be covering the US Supreme Court for
@Law360
starting this term! This job has been a dream of mine & I'm thankful my editors entrusted it to me.
I'm not done with DC courts yet, though, so look out for some final stories this summer.
BREAKING: A 5-4 Supreme Court rules Purdue Pharma CANNOT shield members of the Sackler family from liability for the opioid crisis with a release in its bankruptcy plan. JR, SS, EK & BK dissent.
(Harrington v. Purdue Pharma, No. 23-124)
#SCOTUS
DAY FIVE:
@FannieMae
and
@FreddieMac
shareholders have called an accounting & finance expert witness to the stand, who told the jury the
@FHFA
’s net worth sweep in 2012 was “totally unprecedented” and unnecessary.
Seen near the west entrance of the DC federal courthouse. Today, former Trump White House aide Steve Bannon gets sentenced for defying a
#Jan6th
congressional subpoena.
NEW: The retrial of
@FannieMae
and
@FreddieMac
shareholders' DC court claims against the
@FHFA
for improperly amending stock purchase agreements,allowing the Treasury to sweep up the companies' net profits, is scheduled to begin July 24, according to a new court entry.
#BREAKING
: A DC federal judge has declared a mistrial after a jury reached an “impasse” in deliberations over
@FannieMae
&
@FreddieMac
shareholders’ claims that the
@FHFA
improperly amended stock purchase agreements to allow the U.S. Treasury to sweep up their net worths.
BREAKING: A 8-1 Supreme Court UPHOLDS a federal law prohibiting people subject to domestic violence restraining orders from possessing firearms, finding it doesn’t violate the 2nd Amendment. Thomas dissents.
(U.S. v. Rahimi, No. 22-915)
#SCOTUS
A DC judge hasn't ruled yet, but seemed sympathetic to a request today by
@FannieMae
&
@FreddieMac
shareholders to introduce additional documents at trial they claim show the Treasury Department was motivated to sweep up the companies' profits in 2012 because of rosy projections.
BREAKING: A 6-3 Supreme Court rules U.S. citizens do not have a fundamental liberty interest in bringing their noncitizen spouses to the country. Sotomayor, Kagan & Jackson dissent.
(Department of State v. Muñoz, No. 23-334)
#SCOTUS
NEW: Here's
@RonWyden
's full letter to Republican megadonor Harlan Crow's attorney, which reveals new, undisclosed private jet trips
#SCOTUS
Justice Clarence Thomas took between Hawaii and New Zealand on Crow's dime.
2. FHFA attempted to block shareholders from using allegedly damning Treasury document in openings, but the judge rejected that based on earlier pretrial rulings. "Good luck on appeal," he told the agency. (2/3)
Here's a story about that ruling:
BREAKING: A 6-3 Supreme Court says a 6-year deadline to challenge federal agency rules is based on when a company becomes affected by the rule, not when it is issued. Sotomayor, Kagan & Jackson dissent.
(Corner Post v. Federal Reserve, No. 22-1008)
#SCOTUS
DAY FOUR: Former
@FHFA
Director Edward DeMarco returned to the witness stand.
@FannieMae
&
@FreddieMac
shareholders elicited from him that he didn't listen to the companies' projections of a "roaring recovery" in 2012 because it didn't mesh with his plan to scale them down.
BREAKING: A 6-3 Supreme Court LIMITS which defendants accused of storming the U.S. Capitol on
#Jan6th
can be charged by federal prosecutors for obstructing Congress. Sotomayor, Kagan & Barrett dissent.
(Fischer v. U.S., No. 23-5572)
#SCOTUS
DAY SEVEN: Since I’ve seen this floating around the
@FannieMae
&
@FreddieMac
Twitter-sphere and got to court early today, here’s an explanation of the alleged discrepancy in damages requested by shareholders at trial. I will now get back to tweeting trial updates.
DAY ONE: Ahead of openings, a few things happened in the
@FannieMae
and
@FreddieMac
shareholder stock suit.
1. The judge dismissed current
@FHFA
Sandra Thompson from the lawsuits at the request of all parties. (1/3)
Here's the full
@FannieMae
&
@FreddieMac
mistrial story: a lawyer for shareholders thanked the jury and expressed hope for the future. "The fight for justice will continue, and we are confident that we will prevail in the next trial," they said.
The U.S. Senate Judiciary Committee votes 11-10 to advance the nomination of Ana de Alba for the Ninth Circuit, who Republican senators have attacked for rulings in two criminal cases she's overseen while on the Eastern District of California bench.
BREAKING: A 9-0 Supreme Court punts on constitutionality of FL & TX laws barring social media platforms from removing content/users based on viewpoint, returning it to lower courts.
(Moody v. NetChoice/NetChoice v. Paxton, No. 22-277/22-555)
#SCOTUS
At 17 hours into deliberation, jurors have sent another note in the
@FannieMae
&
@FreddieMac
shareholders’ lawsuit against the
@FHFA
, stating they are still deeply divided and may need until Tuesday to agree on a verdict.
BREAKING:
@AOC
files articles of impeachment against
#SCOTUS
Justices Clarence Thomas and Samuel Alito for their "repeated failure over decades to disclose" millions of dollars in gifts.
She filed 3 articles against Thomas and 2 against Alito. 🧵
DAY TWO:
@FannieMae
and
@FreddieMac
shareholders’ first witness is walking jurors through a timeline of events and introducing various documents, including public FAQs issued by
@FHFA
in 2008 about the conservatorship, emails and facts the parties agreed to before trial.
A DC judge will let
@FannieMae
&
@FreddieMac
shareholders use at trial Treasury Department documents they claim support their allegation that the government improperly tweaked stock purchasing agreements to allow it to sweep up the companies' net worths.
The expert further rebutted the FHFA's stated reasons for the net worth sweep by testifying that internal projections showed Fannie would only have to pull an additional $6.5 billion from the Treasury between 2012 and 2022; Freddie wouldn't have to pull anything.
A DC jury heard today that
@FannieMae
’s former CFO saw the
@FHFA
’s decision to amend stock purchase agreements and allow the U.S. Treasury to sweep up Fannie’s and
@FreddieMac
’s net worths as an effort to prevent the companies from recapitalizing.
At the roughly 14-hour mark, the jury still hasn’t reached a verdict in
@FannieMae
&
@FreddieMac
shareholders’ lawsuit claiming the
@FHFA
improperly amended stock purchase agreements to let the US Treasury sweep up their net profits. They will continue tomorrow.
NEW: The
#Law360Strike
is over! 🎉🎉 Our amazing
@law360union
bargaining committee secured a fair deal with management late last night. Let’s get back to work!
If the Treasury had used the warrants, shareholders would’ve gotten dividends as well, the expert explained. The Treasury couldn’t collect dividends on its common shares without both the private preferred and common stockholders getting paid as well.
.
@FannieMae
&
@FreddieMac
shareholders will have a few more Treasury Department docs in their arsenal as they kick off a retrial over claims the
@FHFA
improperly amended stock purchase agreements to allow the Treasury to sweep up the companies' net worths.
Also today at the DC federal courthouse, jury selection continues in the retrial of
@FannieMae
&
@FreddieMac
shareholders’ claims that the
@FHFA
improperly amended stock purchase agreements in 2012 to allow the Treasury Department to sweep up the companies’ net profits.
DeMarco himself is now on the stand. The shareholders elicited testimony from him that while the FHFA had a “team of people” analyzing a parallel proposal that would’ve forgiven mortgage principals for certain homeowners, there was no such team analyzing the net worth sweep.
The court is in a 45 minute break as we wait for a juror. Both parties said their openings will take 1.5 hours each, so they will likely go into the afternoon. (3/3)
DAY THREE: Before the jury came in, an audibly upset attorney for
@FannieMae
&
@FreddieMac
shareholders told a DC judge their case was hurt yesterday when an expert witness was removed from the courtroom. Usually, expert witnesses are allowed to watch trial, unlike normal ones.
Attorneys presented closing arguments in DC federal court today over
@FannieMae
&
@FreddieMac
shareholders' claim that the
@FHFA
in 2012 improperly amended terms of the companies' 2008 bailout plan to allow Treasury to sweep up the pair's net worths.
(Warning: long🧵)
DAY TEN: The
@FannieMae
&
@FreddieMac
shareholders wrapped up their rebuttal case this morning, noting the 2012 predictions relied on by their expert in saying the
@FHFA
’s net worth sweep was unreasonable were called “credible, reliable and reasonable” by former Fannie CEO.
Yesterday, former
@FHFA
Director Edward DeMarco admitted to a DC jury that the agency didn't conduct any analysis/studies before allegedly improperly amending stock purchase agreements to allow the Treasury to sweep up
@FannieMae
&
@FreddieMac
net worths.
#BREAKING
:
#SCOTUS
Justice Clarence Thomas failed to disclose THREE additional trips paid for by Republican billionaire Harlan Crow, per financial records obtained by the Senate Judiciary committee. Crow paid for Thomas' private jet travel in May 2017, March 2019 and June 2021.
DC District Judge Royce Lamberth unsealed an opinion on recent rulings over which Treasury docs
@FannieMae
&
@FreddieMac
shareholders can use in a retrial claiming the
@FHFA
improperly amended stock purchase agreements to sweep up the companies' net worths.
A financial expert for
@FannieMae
&
@FreddieMac
shareholders told a DC jury that public filings, internal documents & internal communications show it wasn't reasonably necessary for the
@FHFA
in 2012 to amend the terms of the U.S. Treasury's bailout deal.
DC Jurors deliberated for ~5 hours today & will return Monday in the trial over claims by
@FannieMae
&
@FreddieMac
shareholders that
@FHFA
improperly amended terms of the companies’ 2008 bailout agreements to allow Treasury to sweep up their net worths.
They asked for 2 things:
DAY SIX: The day started off with the final bit of the
@FannieMae
&
@FreddieMac
shareholders’ financial expert’s testimony. The
@FHFA
pointed out once again that under the net worth sweep, the companies would pay less than a 10% dividend if they didn’t make enough in profits.
A DC jury heard witnesses read portions of a
@FHFA
2008 FAQ sheet about the government's bailout of
@FannieMae
&
@FreddieMac
as shareholders sought to establish the deal's original intent, which they say the U.S. Treasury strayed from in 2012.
Coming up after lunch: shareholders' will present their first expert witness who is expected to discuss how the net worth sweep wasn't a reasonable decision despite claims by former FHFA officials.
The data also doesn’t support former FHFA Director Edward DeMarco’s claim that the net worth sweep was implemented to shrink Fannie and Freddie, the expert said. The companies have grown since 2012 and currently have gained an average of $1 trillion in assets.
A DC federal jury was told the
@FHFA
's decision to amend
@FannieMae
&
@FreddieMac
stock purchase agreements to let the U.S. Treasury sweep up the companies' net worths made their stocks essentially worthless & dashed their hopes of receiving dividends.
He said his analysis showed the threat of circular draws eroding the Treasury Department’s investment didn’t exist. The agency has said the draws were one of its main reasons behind the net worth sweep.
.
@FannieMae
&
@FreddieMac
shareholders emphasized the need for government accountability in a new bid for $1.6B in damages from the
@FHFA
for allegedly improperly amending stock purchase agreements to allow the Treasury to sweep up the companies' profits.
Shareholders argued if the jury could find just one of three facts true, they deserve damages in this case:
1. The sweep was a “grossly inadequate process”
2. FHFA’s reasons behind it make no sense
3. The agency’s true motive was different that it’s stated reasons.
Dems
@SenWhitehouse
&
@RonWyden
have asked AG Merrick Garland to appoint a special counsel to investigate
#SCOTUS
Justice Thomas' "possible violations of federal ethics and tax laws," saying they fear inaction will lead to additional crimes.
Letter:
NEW:
@SenBlumenthal
of Connecticut plans to introduce the Shadow Docket Sunlight Act of 2024, requiring
#SCOTUS
to explain its emergency docket decisions and provide a breakdown of the justices' votes in those cases, per
@FixTheCourt
.
Bill:
DC federal judge Amy Berman Jackson will assume senior status in May, according to an Administrative Office of the U.S. Courts database, giving President Biden the opportunity to nominate another judge to the bench.
Story by
@JaackRodgers
In spite of a
#COVID
scare and mistrial request, a DC jury continued deliberating in
@FannieMae
&
@FreddieMac
shareholders' lawsuit alleging the
@FHFA
improperly amended stock purchase agreements to let the U.S. Treasury sweep up their net profits.
DAY ELEVEN: The
@FHFA
continued closing arguments today by warning jurors that they can't examine the
@FannieMae
&
@FreddieMac
net worth sweep with hindsight. They must approach it the way the agency did at the time, with concerns about the uncertain future.
He also said that if the Treasury wanted a larger dividend, it could have used stock warrants the companies offered it, which would give the Treasury control of 80% of the companies’ common share stocks.
The DC jury in
@FannieMae
&
@FreddieMac
shareholders’ suit against the
@FHFA
has submitted a note to the court saying it might not be able to agree on a verdict. The note states the 8-person jury is split 50/50 with very strong feelings on both sides.
🚨
#BREAKING
: The Supreme Court votes 6-3 to allow Idaho to implement its Vulnerable Child Protection Act, which bans gender-affirming care for minors. Justices Sotomayor, Kagan & Jackson dissent from the decision.
#SCOTUS
Ex-
@FHFA
acting Director Edward DeMarco seemingly altered his testimony in the retrial of
@FannieMae
&
@FreddieMac
shareholders' claims that the agency improperly amended stock purchase agreements to allow Treasury to sweep up the companies' net worths.
A 5-4 Supreme Court rules Arizona can enforce part of its new voter law. The state can require proof of citizenship for people newly *registering* to vote, but not for people *voting* in the 2024 election.
#SCOTUS
In the letter Justice Alito provides additional details about the flag-flying incidents.
1. He wasn't aware of the upside-down flag at first but then requested it be taken down, but his wife refused for several days.
Former FHFA Director Edward DeMarco should’ve requested extensive analysis & asked the agency to update its models before making a decision. It’s not a coincidence the sweep was implemented after the companies reported profits for the first time in years, the shareholders claim.
A DC jury was told the
@FHFA
should pay $1.6B for improperly amending stock purchase agreements to allow the U.S. Treasury to sweep up the companies' net worths, an amount equal to the drop in of
@FannieMae
shares and
@FreddieMac
shares after the changes.
The real issue, he added, is that there is "zippo, zero, zilch" in evidence to show the FHFA analyzed the sweep before implementing it.
"I know they didn't know the future but they knew it was getting better," he said.
BREAKING: A 6-3 Supreme Court rules the Securities & Exchange Commission CANNOT use in-house courts to pursue sanctions for fraud & securities law violations. Sotomayor, Kagan & Jackson dissent.
(SEC v. Jarkesy, No. 22-859)
#SCOTUS
Both sides told the court their closing arguments will take 2 hours each roughly. The jury has also requested to leave by 5 p.m. today for Trick-or-Treating, so it is unclear whether the jury will have time to start deliberating today.
BREAKING: A 7-2 Supreme Court UPHOLDS the IRS’s one-time repatriation tax on income held offshore, rejecting a constitutional challenge to the tax. Thomas & Gorsuch dissent.
(Moore v. U.S., No. 22-800)
#SCOTUS
#BREAKING
: A 5-4 Supreme Court rules the
@EPA
CANNOT implement its multi-state ‘Good Neighbor’ Plan to reduce cross-state pollution while affected states challenge its legality. Sotomayor, Kagan, Barrett & Jackson dissent.
(Ohio v. EPA, No. 23A349)
#SCOTUS
Now, an actor is reading former Fannie CFO Susan McFarland’s testimony. She said she thought the net worth sweep was a direct response to the company’s positive projections, saying she saw it as a product of the FHFA & Treasury’s desire to prevent them from recapitalizing.
Some personal news: I'm excited to announce that, starting today, I am the new D.C. courts reporter for
@Law360
. I'm ecstatic to tackle this new beat. Watch out for coverage of D.C. courts and other courts in the metro area.
#BREAKING
: A 5-4 Supreme Court rules the federal government MUST reimburse Native American tribes for administrative healthcare costs related to insurer-funded services. BK, CT, SA & ACB dissent.
(Becerra v. San Carlos Apache Tribe, No. 23-250)
#SCOTUS
DeMarco said the fact that Treasury's committement was the only thing keeping Fannie Mae and Freddie Mac afloat, he figured the companies' net worths would equal a "reasonable" committment fee for Treasury's help. No one at FHFA attempted to calculate the fee's actual amount.
📣 Calling all DC folks! The local
@law360union
contingent will be picketing for a fair contract tomorrow from 11 am to 1 pm! Supporters are welcome to join us at 1107 17th St NW to show
@Law360
&
@LexisNexis
management we mean business. WEAR RED!!
#Law360Strike
#LawTwitter
2. He wasn't familiar with the "Appeal to Heaven" flag's meaning in relation to the 2020 election, but he doesn't say the same about the upside-down American flag.
The shareholders also pointed out that his opinion that the net worth sweep was a reasonable decision didn’t take into account one of the FHFA’s original stated goals of returning the companies to the shareholders.
DAY NINE: The
@FHFA
’s financial consultant was back on the stand and faced additional questions from the
@FannieMae
&
@FreddieMac
shareholders. The shareholders challenged his use of bond yields, or returns on investment, to measure the market’s reaction to the net worth sweep.
3. His wife, who also allegedly didn't know the significance, didn't fly it to associate with any group. And that a group's use of a flag, he claims, doesn't drain it of all other meaning.
SEEN: Ex-
@FHFA
Acting Director Ed DeMarco in the security line at the DC federal courthouse. He will testify later today in a trial over claims the agency improperly amended stock purchase agreements in 2012 to allow Treasury to sweep up
@FannieMae
&
@FreddieMac
net profits.
Counsel for
@FannieMae
&
@FreddieMac
shareholders once again moved for a mistrial in their trial against
@FHFA
after revealing the final jury note sent Friday told the court for the third time the jury is sharply divided. The court denied that motion.
TL;DR: The federal bribery law does not regulate state & local officials' acceptance of gratuities, Kavanaugh wrote for the court. That job is for state & local governments.
The shareholders said they wouldn’t argue that, but said they planned to show the $33B+ in total shareholder investments in the companies ahead of the conservatorship as context of the case. Jurors already saw those numbers during opening statements.