In addition to the fire storm of criticism of these policies, several other developments put the final nails in the Thompson Memorandum coffin and may have motivated the DOJ to issue the McNulty Memorandum.
The Sentencing Commission, after considering concerns voiced by the defense bar, and after
accepting testimony in March 2006, voted unanimously in April 2006 to remove language from the Sentencing Guidelines commentary that could be read to provide cooperation