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" ... On the first question, FHFA is not normally considered part of the United States because of its status as an independent agency and regulator of the GSEs, and hence cannot be sued under the Tucker Act, even when joined with Treasury, which is undoubtedly a department of the United States. But there is an important exception to that rule when the two parties have acted in concert to bring about the challenged state of affairs. In this case, it seems self-evident from the documents of the NWS, signed as it was both by Edward DeMarco, then acting head of FHFA, and Timothy Geithner, then Secretary of the Treasury, were evidently in collaboration with each other, given that both parties assented to the August 2012 modification of the original bailout agreement. In principle, therefore no discovery should be needed because the collusion between the parties is established by the document itself. But in the topsy-turvy world of modern litigation, it is possible for FHFA to deny these allegations, by claiming that its decision was for the benefit of the junior preferred and common shareholders who coincidentally were wiped out in the progress. Hence any document that relates to their communication is, absent privilege, subject to discovery. ... "