United States of America and Charles M. Carberry, Independent Review Board Chief Investigator v. International Brotherhood of Teamsters, Gene Giacumbo

*140Judge JACOBS concurs in the opinion of the court and in a separate concurring opinion.

WALKER, Circuit Judge:

Gene Giaeumbo appeals from the order of the United States District Court for the Southern District of New York (David N. Edelstein, District Judge), United States v. Int’l Bhd. of Teamsters, No. 88 Civ. 4486 (S.D.N.Y. July 28, 1997) (“Giaeumbo III”), affirming the May 15, 1997 decision of the Independent Review Board (“IRB”), an investigative and disciplinary body established under the consent decree entered against the International Brotherhood of Teamsters (“IBT”) in United States v.…