Sweeny Denies Government “Privilege” Claims Including White House Communications

Another huge win before Sweeney. The government sought to hide documents from discovery by plaintiffs. They claimed: 1- Presidential privilege 2-  Deliberative process privilege 3- Bank examination privilege

In total Sweeney reviewed 56 documents. She order the government to produce all 56 to plaintiffs. The documents in question ential pre-conservatorship projections for the GSE”s, housing reform discussions with the White House, preliminary net worth sweep projections between FHFA, Treasury and the White House,  a “Memorandum reflecting confidential communication from senior White House advisors to the President regarding housing policy ideas and initiatives”.

One potentially important note dated December, 2008: ““FHFA presentation containing predecisional deliberations in relation to its regulatory supervision regarding accounting for deferred tax assets”. These were the tax assets that defendants claimed they had “not considered” when the net worth sweep was enacted in 2012.

Finally, Blackrock did an analysis from Treasury/FHFA in Sept 2008 regarding GSE capital loss projections…… the  government had been hiding this and now must turn over.  One can only assume Blackrock’s projection don’t match with the story the government told us on the GSE’s?

Not only did plaintiffs win, but Sweeney seems determined to make the government pay for the dog and pony show.

This keeps getting better….


For the foregoing reasons, the court GRANTS plaintiffs’ motion to compel in its entirety. Furthermore, pursuant to RCFC 37(a)(5), defendant, by no later than October 14, 2016, shall file a memorandum with the court explaining why the court should not require defendant “to pay [plaintiffs’] reasonable expenses incurred in making the motion, including attorney’s fees.”

Sweeney Privilege Order

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