$FNMA #FANNIEGATE

Fairholme delivered its response (Doc. 20) to the government's mandamus petition to the Federal Circuit this evening.  Additionally, Fairholme filed a motion (Doc. 19) seeking leave to file a response exceeding the 30-page limit imposed by applicable rules.  Further, Fairholme filed a motion (Doc. 21) for permission to file a supplemental appendix containing "materials . . . not readily accessible on the Court of Federal Claims public docket," and filed that supplemental appendix (Doc. 22) under seal.

Fairholme argues there's no reason for the Federal Circuit to disturb Judge Sweeney's discovery-related ruling.  She analyzed privilege-related law correctly, evaluated the government's claims of privilege in light of applicable legal precedent, exercised her discretion appropriately, and did not usurp the power granted to her.  Accordingly, the Federal Circuit should not second-guess her decision.  Fairholme urges the Federal Circuit to deny the government's mandamus petition and bring an end to the government's delay in turning over documents Judge Sweeney says Fairholme needs in order to respond to the government's motion to dismiss it's lawsuit filed in the Court of Federal Claims in 2013.

Copies of Docs. 19, 20 and 21 are attached to this e-mail message.17-104-0021 17-104-0019 17-104-0020