Article III members of the Commission have been exposed to undue lobbying by the law enforcement community on issues acted on by the Commission. III members of the Commission, in carrying out their Commission duties, have engaged in research and have written articles on a variety of sentencing issues. Commission has not adopted rules concerning the responsibilities of the Commission members and employees under the Hatch Act. Consequently, Commission members and employees have violated that statute. The Guidelines are currently enacted pursuant to the Commission's unbridled discretion.
Guidelines violate the constitutional requirement of bicameral passage and presentment.
For the foregoing reasons, the district court shall quash the subpoenas at issue. Case in RTF Format Return to 11th Circuit homepage.