So another NY pol gets a break from a bunch of judges who probably owe him a favor or two. Silver is the epitome of what is wrong with Albany.
19
The panel cited the Supreme Court’s 2016 decision involving Bob McDonnell, a former Republican governor of Virginia, that came seven months after Mr. Silver was convicted. Mr. McDonnell had arranged meetings for and attended events with a benefactor who had provided the governor and his wife with gifts worth more than $175,000. The Supreme Court ruled that official action must involve formal and concrete government actions or decisions, like holding a hearing or filing a lawsuit, and not routine political courtesies.
So, Mr. McDonnell about whom the supreme court decision was concerned attended events and arranged meetings (not sure with whom) and that is 'political courtesies.' I get that. HOWEVER, Silver's crimes were not political courtesies. The appeals court panel really over interpreted 'routine political courtesies.' Sometimes I wonder if judges and lawyers just take care of each other through redundant and dragged out cases.
So, Mr. McDonnell about whom the supreme court decision was concerned attended events and arranged meetings (not sure with whom) and that is 'political courtesies.' I get that. HOWEVER, Silver's crimes were not political courtesies. The appeals court panel really over interpreted 'routine political courtesies.' Sometimes I wonder if judges and lawyers just take care of each other through redundant and dragged out cases.
9
It's Bastille Day. We should be storming the Supreme Court. The public interest demands that honest services of public officials come before the interests of the greed of the oligarchs and plutocrats.
11
The U.S. Supreme Court makes supreme mistakes. Often in 5-4 cases along conservative-liberal (or Republican versus Democratic appointed lines, if truth be told.) The U.S. Supreme Court does not admit mistakes.
A case in point is that of Thomas Thompson, an innocent man executed by the state of California on July 14, 1998 (19 years ago today) as a direct result of the erroneous 5-4 decision of the U.S. Supreme Court that same year.
See (https://en.wikipedia.org/wiki/Thomas_Martin_Thompson).
A case in point is that of Thomas Thompson, an innocent man executed by the state of California on July 14, 1998 (19 years ago today) as a direct result of the erroneous 5-4 decision of the U.S. Supreme Court that same year.
See (https://en.wikipedia.org/wiki/Thomas_Martin_Thompson).
4
Don't I recall news stories of Silver appearing in Court, being contrite and apologizing for his conduct? That's about as close to an admission of criminal conduct as you can get. You just can't seem to put these guys in jail, no matter how guilty. See, e.g. People vs. Joe Bruno.
11
Did Dr. Traub use the cancer research money from New York State properly? If “Yes” it is hard to fault Mr. Silver. Certainly, Dr. Traub did no harm by referring some patients to Weitz and Luxenberg – a popular and competent legal firm in the field. Even if Silver encouraged Dr. Traub to refer patients to Weitz and Luxenberg that seems OK because it helped the patient with a legal recovery. Did Weitz and Luxenberg violate legal ethics by sharing its fee with Mr. Silver when Silver did nothing and never met the individual legal client? This seems more like a question of legal ethics than abuse of government legislative power. It may have been easier and more politically satisfying for U.S. Regional Attorney Preet Bharara to go after Mr. Silver than Weitz and Luxenberg. Of course, prosecutors are effectively immune from abuse of power charges. Prosecutors develop righteous personalities and think nothing about the legal fees Mr. Silver has incurred and will incur.
The real corruption is in Albany. Gov. Cuomo has abandoned any effort to for ethics reform. The legislators remain part time and attorney-legislators may share in legal profits for selling their reputation. Separating the legal and political influence is impossible. The U.S. Supreme Court has left it to the individual states to draw lines that allow a wide range of activity customary to the ethical lawyer and ethical politician. The lines often overlap.
The real corruption is in Albany. Gov. Cuomo has abandoned any effort to for ethics reform. The legislators remain part time and attorney-legislators may share in legal profits for selling their reputation. Separating the legal and political influence is impossible. The U.S. Supreme Court has left it to the individual states to draw lines that allow a wide range of activity customary to the ethical lawyer and ethical politician. The lines often overlap.
5
The US Supreme Court is part of the problem. These people are out of touch.
"The Supreme Court ruled that official action must involve formal and concrete government actions or decisions, like holding a hearing or filing a lawsuit, and not routine political courtesies."
Sometimes doing nothing is the same as doing something. Just look at the EPA how the new administrator decided not to enforce the regulations regarding clean air heavy metal dumping in rivers. He sued the EPA many times over its rules but now Pruitt is in charge of the EPA. My point is he advocated on their behalf as attorney general of Oklahoma. Even a federal judge sees through this and put a stop to him rolling back the rules after a lawsuit was filed. The governor of Virginia is definitely guilty. And everyone in New York knows Sheldon Silver, who would have been assembly speaker for life, is guilty and corrupt same as former Senator Espada from the Bronx who appointed himself CEO of a medical center he ran. This is another reason why judges should be age limited as they are in New York State.
"The Supreme Court ruled that official action must involve formal and concrete government actions or decisions, like holding a hearing or filing a lawsuit, and not routine political courtesies."
Sometimes doing nothing is the same as doing something. Just look at the EPA how the new administrator decided not to enforce the regulations regarding clean air heavy metal dumping in rivers. He sued the EPA many times over its rules but now Pruitt is in charge of the EPA. My point is he advocated on their behalf as attorney general of Oklahoma. Even a federal judge sees through this and put a stop to him rolling back the rules after a lawsuit was filed. The governor of Virginia is definitely guilty. And everyone in New York knows Sheldon Silver, who would have been assembly speaker for life, is guilty and corrupt same as former Senator Espada from the Bronx who appointed himself CEO of a medical center he ran. This is another reason why judges should be age limited as they are in New York State.
3
It just delays the inevitable. He's going to the greybar hotel, where there is no honeymoon suite!
The evidence against him is substantial. The reversal was due to a procedural error. The downside is that the public must pay for a second trial.
The evidence against him is substantial. The reversal was due to a procedural error. The downside is that the public must pay for a second trial.
5
Two things I thought I knew that I can now discard:
- public office holders cannot act for personal gain (despite I was held to that standard as a USG employee).
- ex post facto law cannot be applied to events and actions of the past. Apparently what was illegal at the time can now be dismissed by intervening clarifying statements by a court.
Neither of these things will enhance comity or the commonweal.
- public office holders cannot act for personal gain (despite I was held to that standard as a USG employee).
- ex post facto law cannot be applied to events and actions of the past. Apparently what was illegal at the time can now be dismissed by intervening clarifying statements by a court.
Neither of these things will enhance comity or the commonweal.
4
Two systems of justice. One for the members of the oligarchy and one for the rest of us. Unless and until our political system is reformed, we will continue to sink further into this mire of injustice, inequality and corruption. If there is a cursory examination of how judges are "appointed" it becomes apparent why there are decisions like this made.
14
Reading this article made me sick.
Revulsion is not my forte.
Once again i plead my case for retirement age for Judges.Urgently.
A nation's moral code of conduct cannot be narrowed to the whims & fancies of the Judges definition of right & wrong.
Revulsion is not my forte.
Once again i plead my case for retirement age for Judges.Urgently.
A nation's moral code of conduct cannot be narrowed to the whims & fancies of the Judges definition of right & wrong.
8
Abetted by the Supreme Court, the oligarchs continue their domination of our country. For shame.
16
it's all terribly disheartening. The masterminds of Bridgegate go free while their flunkies go to prison, our representatives are held to, indeed, a LOWER standard than the rest of us and money has come to rule our elections (if not the Russians). I worry for my children, although one has already decided to live in Montreal, I raised a smart kid.
8
Baloney!
Too bad these judges did not dig down, do the research, and uphold the lower courts findings. Silver's lawyers were smarter and slicker.
But, this is the New York federal court system, a more putrid swamp than Washington.
There is more integrity to be found in the slime on the rim of a toilet bowl in the US SDNY courts- than in the JDs walking the halls.
What a waste of taxpayer dollars.
Justice-not; Just-Us.
Too bad these judges did not dig down, do the research, and uphold the lower courts findings. Silver's lawyers were smarter and slicker.
But, this is the New York federal court system, a more putrid swamp than Washington.
There is more integrity to be found in the slime on the rim of a toilet bowl in the US SDNY courts- than in the JDs walking the halls.
What a waste of taxpayer dollars.
Justice-not; Just-Us.
9
Throw this goniff in jail already. Sheesh! Although he'll probably find a way to make money off the other inmates...
7
Back to scaming the people. A real "gonif". So Sad!!
9
This is what clever lawyering has done to us. The high standard an officeholder should be held to is not only to avoid actual conflicts of interest but also the appearance of any conflict of interest. But that has now been turned on its head by the Supreme Court, the ultimate in lawyers' clubs. The weakest standard possible is now in effect--to wit, you must prove a direst quid pro quo to convict of official corruption. What lawyer can't avoid that tiniest of trap doors? Combine the MCDonald decision that has put us there with Citizens United and you have the perfect environment for a circus of conflicts of interest made legal no matter how unethical and corrupt the practices and their results. Thanks--literally--for nothing.
25
Well said.
2
Connections in high places. I guess he is not one of the "little people" as Leona Helmsley once stated.
Jose A. Cabranes was born in 1940. He began service for the United States Court of Appeals for the Second Circuit in 1994, appointed by President William J. Clinton.
Jose A. Cabranes was born in 1940. He began service for the United States Court of Appeals for the Second Circuit in 1994, appointed by President William J. Clinton.
4
When the Supreme Court held in McDonnell, that corruption by politicians is legal, they were simply codifying the "situation on the ground" as it had applied to people like Sheldon Silver for years.
The only thing left to be done, is to take all that nonsense about "Democracy and Justice" out of our kids texts books, so they grow up with a chance to take full advantage of our system, just as McDonnell and Silver did.
When you think about it, Donald Trump is not an aberration - he is the perfect leader for the country that we actually live in.
The only thing left to be done, is to take all that nonsense about "Democracy and Justice" out of our kids texts books, so they grow up with a chance to take full advantage of our system, just as McDonnell and Silver did.
When you think about it, Donald Trump is not an aberration - he is the perfect leader for the country that we actually live in.
21
Come on, New York. You are better than this. Or at least, we want you to be better than this; but alas, we are not in the league to make decisions, and the incumbent of my district continues to win.
VOTE for what is good for everyone. Go out and vote.
VOTE for what is good for everyone. Go out and vote.
5
Start the process to retry him tomorrow. Tomorrow. And then allow the trial to take as long as needed,,,, lots and lots of lawyer bills for Silver to pay.
And when convicted again, jail him. Jail him. At least he can serve the time it takes to win the next appeal. If they had jailed him in 2015 we'd have him for at least the 2 years,,, and maybe we can have him as a guest for the next 2 years again. Jail him. He milked the system,,, our taxes at work,, for 2 million dollars. He should work it off.
And when convicted again, jail him. Jail him. At least he can serve the time it takes to win the next appeal. If they had jailed him in 2015 we'd have him for at least the 2 years,,, and maybe we can have him as a guest for the next 2 years again. Jail him. He milked the system,,, our taxes at work,, for 2 million dollars. He should work it off.
So what? As long as we're going to allow corporations to fund political campaigns, and lobbyists to influence legislative votes, it would be hypocritical to jail this guy, because there's zero moral difference.
6
Perhaps Judge Cabranes was waxing ironic when he so astutley observed that, "...many would view the facts adduced at Silver's trial with distaste", but I doubt it.
2
The most common adjective used to describe New York State government is "dysfunctional". Now, Sheldon Silver now gets off on a technicality, with our governor long ago having shut down his own corruption commission.
The worst part is that Preet Bharara is no longer around to defend us against our unholy NY State elected officials.
The worst part is that Preet Bharara is no longer around to defend us against our unholy NY State elected officials.
10
There are very good US Attorneys representing our interests as citizens, and the new crowd isn't as publicity hungry as Preet was when it comes to cameras. A real contest would be lining up Preet and Chuckie Schumer on one side of the road and having a few TV cameras on the other side to see who crossed the street first, with tripping your opponent being allowed!
1
Get used to it, this is what "justice" looks like in an oligarchy. This is not about democrats or republicans or Trump or Hilary but a system that has somehow, tragically evolved into a fusion of government and business in power. Whatever wins we think we have achieved, they will find or develop "legal" workarounds. My heart is broken.
25
Likewise. Silver is as guilty and slimy as they come.
8
The very people who could eliminate these mockeries of justice refuse to change the laws and ethics regulations which would allow for proper punishment.
But no.
They are, after all, members of the same 'above the law' club.
But no.
They are, after all, members of the same 'above the law' club.
15
As a lawyer, I believe he is guilty of crime. But this article is about narrowing the definition of the ways in which the government can charge here criminally and that is not a bad thing. It delimits government power to prosecute to a more exacting standard and places "merely" questionably unethical behavior beyond the government's ability to punish as outright crime. And yes, it is a fine line, and I say err on the side of the accused no matter how disagreeable he may be. it is the point here that is important.
That it takes good lawyers to think through and produce this kind of result should not take away from its importance as precedence. Intricate lawyering can result in useful verdicts and is expensive - it's jurisprudence reflecting capitalism, for good or ill.
That it takes good lawyers to think through and produce this kind of result should not take away from its importance as precedence. Intricate lawyering can result in useful verdicts and is expensive - it's jurisprudence reflecting capitalism, for good or ill.
5
Well, you can sure tell you're a lawyer alright. This decision falls in line with the Supreme Court's finding that corruption in government, except in the narrowest and most difficult to prove way, is normal. NORMAL! This is nothing to celebrate and, to reiterate what another commenter said, is what "justice" looks like in an oligarchy. Shameful.
5
Maybe the case that needs an appeal is the MacDonald's case.
6
The the grift never ends....?
5
Don't follow leaders.
Watch your parking meters.
Watch your parking meters.
3
This seems to bother the very same liberal crowd that would elect a liberal politician. But let's be clear here, Sheldon Silver as the speaker was a good man. He did good things for the public. Check his record. All politicians have to deal on the outside in some way shape or form. Either you say the same about an Obama and his "gifted attorney generals" or you're all selectively full of anti-shellyism, shall I say.
5
Silver was a crook who used his office to illegally enrich himself.
That's all: a greedy, rotten disgrace thru and thru.
That's all: a greedy, rotten disgrace thru and thru.
9
ALL of these political take-downs in New York State, Bruno, spritzer, silver et.al. , is All The machinations of Andrew Cuomo. When he was attorney general in NYS, he took a page out of the Hoover play book and spyed and illegally wired all of his political enemies until he got into the governor s mansion. I sincerely hope that ape faced freak is the next to fall
11
Tomorrow is Bastille Day. Remember what caused it.
17
Preet Bharara tweets his response... What a world. We have a loose-connected child's mind in the White House flitting between channels, and now we have a former prosecutor tweeting his opinion on a pending case. Feels like Mayweather and McGregor grandstanding. None of these people have any class. It's enough to make you root for the crook who at least has a 1940's m.o. and look.
5
The Appellate Court just legalized corruption with an assist from the Supreme Court.
If Sheldon Silver isn't guilty of corruption, who is?
If Sheldon Silver isn't guilty of corruption, who is?
25
Apparently the swamp that needs to be drained is not in Washington. It's in NY, but you'd never know it because the NYT turns a blind eye to any investigation where a Democrat is involved. Resist!, lol.
14
For additional information on how this appeals court reached its decision, look under the table or visit the back room.
10
Why even bother to prosecute them. We've given the police the power of summary execution, let's give elected officials carte blanche to steal whatever they can.
6
they thought they already had that power
3
This is beyond disturbing. How many times can we say it; as one poster did. One set of rules for people like Silver and another for the rest of us. Does anyone seriously not understand why people are losing faith in the institutions in this state and country. This is carte blanch for the dysfunctional and corrupt NYS legislature to continue feeding at the taxpayer trough with reckless abandon. For one brief moment we thought there might be some hope for ethics reform. Fool me once shame on you, fool me twice and we'll keep electing them.
14
Really, what else can you expect? The anti-bribery laws are written by the legislature and judges are usually retired or defeated politicians. In a democracy we have precisely the government that we deserve. Remember this when your local politician is up for reelection.
6
Where's Daredevil when you need him...
New York Times readers are such a bunch of sanctimonious goo-goos. Silver was a practitioner of what George Washington Plunkitt called honest graft. I’d take the ethically challenged Silver any day over the squeaky clean billionaire Bloomberg. If not for Silver we’d have Bloomberg's huge white elephant stadium on the West Side of Manhattan, which Silver stopped in its tracks. And Silver was the person who saved rent stabilization in 1997, pushed for a higher minimum wage, more money for city schools, paid family leave, etc. He’s no angel, he’s shady. Very shady. Shocked, shocked…. Save the outrage for Donald.
5
That was his job - to "serve" not use his position to enrich himself.
7
Not a single day in jail. He abused the power of his office, received millions in bribe money and here we are, years later, and not a single day in jail...
Put Sheldon Silver with the CEOs of Bear Stearns, Lehman Bros, and all the other white collar criminals who ruin this country and never receive any punishment of any kind...
USA, land where the biggest crooks rule the land
Put Sheldon Silver with the CEOs of Bear Stearns, Lehman Bros, and all the other white collar criminals who ruin this country and never receive any punishment of any kind...
USA, land where the biggest crooks rule the land
17
The current Supreme Court can always be counted on to rule in favor of the powerful, even when they are obvious criminals.
7
The whole US / Western establishment feeds off the global corporations and their billionaires; might as well make it official, I suppose.
5
Politicians place legalistic behaviors over any semblance of right and wrong. Any wonder we think so very, very little of our political system?
6
Please, substitute politicians for political system.
2
RCT writes, "The anger here should be redirected toward ensuring that every single criminal defendant obtains the quality legal representation that Shelly Silver could afford."
Don't hold your breath, dear.
Don't hold your breath, dear.
4
Thanks, SC, for yur wise decision-making...
Corporations are people, but politicians aren't...they have no standards and no morals, and are just crooked "machines."
We so look forward to Shelly returning to public life...or is that "plunder" life.
Wonder who appointed those judges...
Corporations are people, but politicians aren't...they have no standards and no morals, and are just crooked "machines."
We so look forward to Shelly returning to public life...or is that "plunder" life.
Wonder who appointed those judges...
8
President Clinton. Research that and Hillary's "learning" the ropes from Mr. Silver.
Jose A. Cabranes was born in 1940. He began service for the United States Court of Appeals for the Second Circuit in 1994, appointed by President William J. Clinton.
Sheldon Silver Emerging As A Powerful Confidant
In Hillary's Bid For Senate
Orthodox Speaker of N.Y. Assembly Plays Critical Role, Hikind Says
Jose A. Cabranes was born in 1940. He began service for the United States Court of Appeals for the Second Circuit in 1994, appointed by President William J. Clinton.
Sheldon Silver Emerging As A Powerful Confidant
In Hillary's Bid For Senate
Orthodox Speaker of N.Y. Assembly Plays Critical Role, Hikind Says
4
Corruption per the founders of the Constitution would despise this court. Ben Franklin said (in 1787), “I agree to this Constitution … and I believe, further, that this is likely to be well administered for a course of years, and can only end in despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic government, being incapable of any other.” Our courts now find corruption, by any other name, acceptable. Most know it when they see it.
12
Even in light of USSC opinion in McDonnell, why is not at least this one fact alleged and proven against Silver enough: in return for referrals to a law firm which paid him a commission, Silver used his OFFICIAL position as Speaker to allocate state discretionary funds to the research program run by the doctor who made the referrals. So, why not overturn some of the counts and leave one standing. Any error in the charge was harmless in light of that clear official act. McDonnell was unjustly prosecuted and Silver may have been over-prosecuted, but surely Judge Cabrannes and the other two judges could salvage one element of the crime.
4
It is an overstatement to say that his conviction was overturned. The distinction between whether jurors had been instructed of McDonnell's definition of an official act or whether "any action taken under color of official authority" should hopefully be seen as a distinction without a difference. In any case, the conviction was remanded, he will be tried in another court.
4
Why is anyone shocked or surprised.
Ford pardoned Nixon.
Bush 41 pardoned the Iran-Contra defendants.
Bush 43 commuted part of Scooter Libby's sentence.
In Bridgegate two of Christie's aides Kelly and Baroni will serve time in jail but Christie wasn't even prosecuted.;
There are many other examples one could give.
Ford pardoned Nixon.
Bush 41 pardoned the Iran-Contra defendants.
Bush 43 commuted part of Scooter Libby's sentence.
In Bridgegate two of Christie's aides Kelly and Baroni will serve time in jail but Christie wasn't even prosecuted.;
There are many other examples one could give.
7
Why is justice so short-lived for politicians? Did they think we would have forgotten? Time served: 0 days.
7
If you were convicted and sentenced to 12 years, perhaps you would like an appeal. This is part of Anglo-American law and one needn't go to law school to know this.
Oh, the Supreme Court at it again. The folks who gave us George Bush Jr. and Iraq, who so wisely led the country to the promised land of Citizens United. There are always 5 or 6 cut-ups in there that just can't stop the hilarity. Thanks again!
13
It was the Appeals Court of the Southern District of New York, not the US Supreme Court.
4
The Supreme Court changed the legal standard for what sort of official misconduct can serve as the basis of a corruption prosecution.
The Second Circuit applied the new standard when hearing Silver's appeal, which led to the reversal.
The Second Circuit applied the new standard when hearing Silver's appeal, which led to the reversal.
14
Nothing ever changes. The rich and powerful always, always get away free and clear.
14
What bombast. He gets retried, he is not free and clear.
We have one set of rules for white(cough) collar crimes and criminals and another set of rules for everyone else.
The white(cough) collar criminals do not get dragged out of their homes by dogs and brutal police officers and swat teams. They make their bail. They get conditional release and stay in their cushy environs while the appeal process goes on and on. IF they somehow actually get a conviction to stick, they get preferential treatment in prison.
Meanwhile the crimes of white(cough) collar criminals wreak far more havoc, do far more damage, hurt FAR more people than the litany petty drug dealers and users, petty larcenists, and random homeless people currently filling our for-profit prison system.
Justice is blind indeed. But she apparently has a purse you can line, at least in America.
The white(cough) collar criminals do not get dragged out of their homes by dogs and brutal police officers and swat teams. They make their bail. They get conditional release and stay in their cushy environs while the appeal process goes on and on. IF they somehow actually get a conviction to stick, they get preferential treatment in prison.
Meanwhile the crimes of white(cough) collar criminals wreak far more havoc, do far more damage, hurt FAR more people than the litany petty drug dealers and users, petty larcenists, and random homeless people currently filling our for-profit prison system.
Justice is blind indeed. But she apparently has a purse you can line, at least in America.
23
Apparently the New York Times stylebook calls for party identification of a Republican crook in the first paragraph, but the seventh paragraph for a Democratic crook. Apparently the assumption is most crooks are Democrats and it's only worth mentioning high up in the story on the rare occasion of a Republican crook -- man bites dog.
7
Sheldon Silver is the figurehead for an entire corrupt-establishment in NY politics. If he walks, they'll never successfully prosecute anyone else in the state.
Its a disgrace.
Its a disgrace.
27
If you know the names of corrupt NY pols still in office, why are you covering for them
Name names if you know so much ...
Name names if you know so much ...
Right up to crooked Pol #1 Gov Cuomo.
We remember the Moreland Commission, Cuomo, and we will never forget your perfidy.
We remember the Moreland Commission, Cuomo, and we will never forget your perfidy.
4
There appears to be two classes now in the US - the Politicians and Corporate Titans and everyone else. The Politicians/Corporate Titans have the finest attorneys money can buy. The rest of us would have gone to jail. Sad, sad state of affairs. This is not the USA that I love. It's something else.
17
It has been that way. What has changed is the laws. But when the foxes watch over the hen house, what did we expect.
1
The people angry with this should be mindful of the fact that it was our conservative Supreme Court that issued the decision controlling this case.
This court thinks that public officials can take gifts and gratuities in almost any case not involving a direct, quid-pro-quo deal.
Know who to be angry with.
This court thinks that public officials can take gifts and gratuities in almost any case not involving a direct, quid-pro-quo deal.
Know who to be angry with.
11
How do those lyrics go? Ah yes: "Corruption’s such an old song that we can sing along in harmony /
And nowhere is it stronger than in Albany"
And nowhere is it stronger than in Albany"
5
Agree with SM. Stand back and look at the "criminal" industrial complex" and the way the 99% (mostly black and brown) keep the machine housed, well fed and clothed and the other folks walk (if they get charged at all).
6
The case will be retried. Mr. Silver will be found guilty and will appeal the decision. The trials and appeals cycle will go on for years. In between Mr. Silver will go on with his life, using his misbegotten funds to pay his way. Ultimately he will have lived a full life and will die of natural causes...but not in prison. That is a sad commentary on justice in the United States. If you're rich and powerful you can evade justice and punishment. The rest of us...well, that's just too bad.
19
Except, facts. Silver's funds have been frozen and are under government control pending the trial and appeals process.
3
The lawyers are in charge of inventing work for themselves, paid for by ill gotten gains. A Noble profession?
3
Frozen funds?
LLCs.
Caymans.
Switzerland.
Panama.
Etc.
etc.
e.t.c......
Let's not be naive.
LLCs.
Caymans.
Switzerland.
Panama.
Etc.
etc.
e.t.c......
Let's not be naive.
4
Well, it's official. The U.S. has officially become a Banana Republic.
15
The Health Care bill they'd have the average American held hostage to is proof positive that republicans regard the 99% the way the Reagan Doctrine did Central American Peasants, same (foreign) policy, isn't it?
And where's The New York Times on this?
Where's the multiple "front page editorials" condemning this disgraceful travesty of justice.
Crime pays and the guilty walk away clean
This convict will probably sue the city...
Where's the multiple "front page editorials" condemning this disgraceful travesty of justice.
Crime pays and the guilty walk away clean
This convict will probably sue the city...
10
The legal system is even more corrupt than the politicians.
15
Its clear from the comments that few people 1. Understand what the initial charges were and what facts supported them, and 2. Understand that trials must follow the law and jury instructions ARE the law - if they are improper the trial was not fairly decided. Railing against Court rulings simply because they disappoint you is pandering to a low info mindset, which makes sense here because Silver is a Dem and the low info right is loudly going to attack even a well reasoned decision. However publishing every ill informed diatribe is a disservice. Send them to Breitbart to whine.
In other words, the most affordable interpretation of the law is applied. This is the gap between rich and poor where justice is concerned, i.e. the wealthy can afford to pay lawyers a gazillion dollars to spend time looking for ways to exploit the law. The middle class and poor cannot, and thus are likelier to receive harsher punishments. It is just that binary.
And sick, too. I wish this type of inequality received more attention than it seems to, although President Obama was on the right track with his prison reform initiative.
But Sessions won't have it. How else to privatize the prison system and deliver profits to the donor class if there is no human fodder within, and the "right kind" of fodder, at that?
Our justice system increasingly sends the message about who is disposable and who isn't.
I weep for my country.
And sick, too. I wish this type of inequality received more attention than it seems to, although President Obama was on the right track with his prison reform initiative.
But Sessions won't have it. How else to privatize the prison system and deliver profits to the donor class if there is no human fodder within, and the "right kind" of fodder, at that?
Our justice system increasingly sends the message about who is disposable and who isn't.
I weep for my country.
6
The great majority of the comments here express outrage at the fact that the Second Circuit granted Silver's appeal, with most of them viewing the court's decision as letting a criminal off the hook.
What all of these comments have in common is that they show a glaring ignorance of how federal law works as opposed to state law, which is based on the common law. Under the common law the crime the person is prosecuted for is the same as the reason it is perceived as being wrong. A murderer is prosecuted because of the law prohibits murder itself.
Federal law however doesn't at all work that way. For example while the "bad thing' silver did was corruption, the statute he was charged under was honest services fraud. And the reason that it has to be this way is that the federal government is extremely limited by the constitution in the type of actions it can prohibit. The federal government does not have the power to tell people they may not commit murder and most other actions, because the constitution does not grant the US the power over such matters.
So when the federal government decides to punish somebody over some wrongdoing it must find a statute under which to charge that person. So the issue here is whether the statute the government used to charge Silver under actually fits the actions that silver did.
By stating that one believes the Second Circuit is wrong one is simply illustrating his massive ignorance of the subject at hand.
What all of these comments have in common is that they show a glaring ignorance of how federal law works as opposed to state law, which is based on the common law. Under the common law the crime the person is prosecuted for is the same as the reason it is perceived as being wrong. A murderer is prosecuted because of the law prohibits murder itself.
Federal law however doesn't at all work that way. For example while the "bad thing' silver did was corruption, the statute he was charged under was honest services fraud. And the reason that it has to be this way is that the federal government is extremely limited by the constitution in the type of actions it can prohibit. The federal government does not have the power to tell people they may not commit murder and most other actions, because the constitution does not grant the US the power over such matters.
So when the federal government decides to punish somebody over some wrongdoing it must find a statute under which to charge that person. So the issue here is whether the statute the government used to charge Silver under actually fits the actions that silver did.
By stating that one believes the Second Circuit is wrong one is simply illustrating his massive ignorance of the subject at hand.
3
Can this be fixed by legislation?
6
There's a good case against him. He will be re-tried and the jury will receive more precise instructions and he will be found guilty, again.
1
The same way a circus clown can turn a balloon into a giraffe. It may resemble a giraffe but its still a balloon.
1
And it is likely that the ways in which Silver and his kind of person use and manipulate the law, while the majority of us cannot if we wanted to be unethical and power hungry people.
This case about this person gives us a good look into how Donald Trump operates and is operating, how his son and son in law, and his trusted advisors, including Steven Bannon, operate -- unethically and manipulatively while bullying others.
These people are the types of persons who acquire power for power's sake, and who manipulate the rest of us, some of us who voted for Donald Trump, and who still support him, wishing Trump would make them rich like he has by unethical means; and also us people who are desperate and who feel they need to do support Trump who is the kind of person who has been using them and their peers all along.
My god, its is right before our eyes, as clear as the noses on the fronts of our faces, clear that Silver, that Donald Trump and others who behave like they do, who are "the swamp" creatures whom Trump manipulatively promised he would eliminate from government.
This case about this person gives us a good look into how Donald Trump operates and is operating, how his son and son in law, and his trusted advisors, including Steven Bannon, operate -- unethically and manipulatively while bullying others.
These people are the types of persons who acquire power for power's sake, and who manipulate the rest of us, some of us who voted for Donald Trump, and who still support him, wishing Trump would make them rich like he has by unethical means; and also us people who are desperate and who feel they need to do support Trump who is the kind of person who has been using them and their peers all along.
My god, its is right before our eyes, as clear as the noses on the fronts of our faces, clear that Silver, that Donald Trump and others who behave like they do, who are "the swamp" creatures whom Trump manipulatively promised he would eliminate from government.
9
This is a major disappointment. The case needs to be retried.
What Mr. Silver did, providing government grants to a Columbia University physician in exchange for the physician referring "victims" to Mr. Silver's asbestos tort law practice was, by an reasonable definition, a crime.
It's hard for me, a non-lawyer, to judge the appeals' courts ruling. But I can say this: the case doesn't pass the smell test. This seems to be yet another example of a system of justice that is hardly blind, with one system for folks with the money and clout to afford expensive lawyers, and a very different system for the rest of us.
What Mr. Silver did, providing government grants to a Columbia University physician in exchange for the physician referring "victims" to Mr. Silver's asbestos tort law practice was, by an reasonable definition, a crime.
It's hard for me, a non-lawyer, to judge the appeals' courts ruling. But I can say this: the case doesn't pass the smell test. This seems to be yet another example of a system of justice that is hardly blind, with one system for folks with the money and clout to afford expensive lawyers, and a very different system for the rest of us.
40
Is it time to have a complete overhaul of our government? I believe that time is coming and it might not be pretty.
17
Let's streamline the legal process in this country and just assign a dollar value for each criminal conviction you want overturned.
Oh, wait, as this article shows, we've already done that!
Oh, wait, as this article shows, we've already done that!
6
This was totally predictable. As with Joe Bruno before him, the case was based on nothing substantial and destined for reversal.
What fascinates me about this is 1) that Preet Bharara, a man with a Torquemada complex, even got it to trial and 2) when Trump fired Bharara, the knee-jerk dilettantes called for Bharara to run for president - a position he is unqualified for.
In these days of Trump Derangement Syndrome, if Trump fires someone, be it James Comey, Preet Bharara, or Sally Yates, the neo-Liberals immediately say that person should be president - without knowing a thing about them. And people wonder how we got a TV game show host as president...
https://emcphd.wordpress.com
What fascinates me about this is 1) that Preet Bharara, a man with a Torquemada complex, even got it to trial and 2) when Trump fired Bharara, the knee-jerk dilettantes called for Bharara to run for president - a position he is unqualified for.
In these days of Trump Derangement Syndrome, if Trump fires someone, be it James Comey, Preet Bharara, or Sally Yates, the neo-Liberals immediately say that person should be president - without knowing a thing about them. And people wonder how we got a TV game show host as president...
https://emcphd.wordpress.com
7
This is what passes for justice in America. Sheldon Silver gets a do-over on a graft trial because he can pay lawyers to find a technicality, meanwhile the poor are getting bullied into plea bargains by overworked public defenders. Disgusting.
124
Our society has become ill with Trump-like thinking. We require a strong dose of intellectual penicillin to help us recover.
Throw Silver in jail, where he belongs!
Throw Silver in jail, where he belongs!
9
It was ill long before Trump...during Reagan, Clinton, Bush I, Bush II, Obama and on an don.
2
Some commenters hold up Speaker Silver as the savior of rent regulations. The facts are different. Silver consistently gave up ground on rent regulations, including allowing for vacancy decontrol and changes that allowed landlords to raise some rents by hundreds of dollars a month. (I know a little bit about this because I've paid tens of thousands of dollars more to my landlord because of the rent regulation changes Silver signed off on.) No matter what the courts say, in the court of public opinion at least, he will not be remembered warmly.
11
Money and the ability to hire the best advocates is what separates most of us from those able to commit crimes and yet slip away. Seeing this worm squirm free is part of the price we pay for the rights we all have. I do not want to give up any of my rights to nail this child of god. A hard case for the state to pursue. This is the reason prosecutors and police will always go for the low hanging fruit. No rich white person will ever be shot for having a broken tail light on their car except under the most special of circumstances
7
Tell me our entire system, including the federal courts, aren't corrupt, and I'll tell you that's amusing.
13
In a letter to a federal judge who is deciding his fate, Silver writes, "Because of me, the government has been ridiculed. I let my peers down, I let the people of the State down, and I let down my constituents — the people of lower Manhattan that I live among and fought for. They deserve better."
3
As my father would have said if he were still alive...it's fixed.
3
Supreme Court has sanctioned corruption just as it sanctioned large corporate donations. This country is now for sale from President to Congress to Judiciary. All supposedly coequal branches.
4
They've narrowed the definition of corruption. Who's surprised?
4
Them that get to make the laws get the breaks. If you are poor we'll find a way to make your life a misery for looking suspicious, however that gets defined.
1
This is why guys like Silver continue to exist. White collar crime of all sorts pays.
Practically no one was punished for the 2008 financial meltdown, which hurt the our economy such badly.
It also makes question whether Trump or any of his inner circle will be punished for anything. Hopefully it be just enough keep him from getting re-elected, but he will still be around cheating more victims as his empire continues to grow.
Practically no one was punished for the 2008 financial meltdown, which hurt the our economy such badly.
It also makes question whether Trump or any of his inner circle will be punished for anything. Hopefully it be just enough keep him from getting re-elected, but he will still be around cheating more victims as his empire continues to grow.
3
This is a serious defeat for the hate campaign of Trumpism & victory for the little guy against out-of-control prosecutes.
Speaker Silver always had the complete support of Secretary Clinton.
He also was instrumental in bringing medical advances to the poor and working class of New York State.
Speaker Silver always had the complete support of Secretary Clinton.
He also was instrumental in bringing medical advances to the poor and working class of New York State.
1
more encouragement for trump....who doesn't need it
3
Doesn't pass the smell test for me. As a longtime New Yorker/Albany watcher, I must note what a triumph of understatement this is:
“We recognize that many would view the facts adduced at Silver’s trial with distaste,” Judge José A. Cabranes wrote for a unanimous three-judge panel of the Second Circuit.
Another wonderful legal precedent we get once again from SCOTUS. If it's good enough for the former gov of Virginia, why should Sheldon not get the same "professional" perks?
“We recognize that many would view the facts adduced at Silver’s trial with distaste,” Judge José A. Cabranes wrote for a unanimous three-judge panel of the Second Circuit.
Another wonderful legal precedent we get once again from SCOTUS. If it's good enough for the former gov of Virginia, why should Sheldon not get the same "professional" perks?
7
Note that Andrew Cuomo ran for Governor vowing to clean up NY State politics. On his watch, the scene is as dirty as ever and he personally pulled the plug on the one bit of progress he could legitimately claim once an ethics commission started asking too many questions. So now the only change we've had during his time in office is a NARROWING of corruption rules thanks to the US Supreme Court. Cuomo has aspirations for continued leadership in NY and beyond. Let's make sure we remember his true record on ethics when the time comes.
13
That duck can look like, quack like and walk however it wants, we're still going to decide that its a turkey. We've reached a point where the alchemy can deconstruct whatever is introduced into its lap and make of it whatever it chooses. Why bother even having jurors, why bother wasting their time when its their instruction that sabotages their objectivity. We're to where in America our intelligence is being insulted right before our eyes and the insistence on not believe what we're seeing by the authority is overriding the obvious. The Earth is spinning, it orbits the sun our solar system orbits the galaxy center and my head is experiencing absurdity vertigo at the events of the day.
7
Utterly unbelievable!
Apart from judges' well-known aversion to finding "connected" white-color criminals guilty (much less, sending them to prison!), can they POSSIBLY be totally oblivious to the utterly corrosive consequences that such rulings have on the public's respect for law, our justice system overall, and the deterrence of the law and punishments?
Our legal system is really an absurd travesty, where virtually NO connected politico or investment bankers ever even gets charged and NONE actually go to jail.
And to add insult to injury, the crook Silver has been allowed to remain at large for 2 YEARS AFTER being convicted? What ever happened to the idea of removing a harmful malefactor from society to protect US from more misdeeds?
"Mr. Silver was sentenced to 12 years in prison by the judge, Valerie E. Caproni, but he was allowed to remain free pending his appeal"
Apart from judges' well-known aversion to finding "connected" white-color criminals guilty (much less, sending them to prison!), can they POSSIBLY be totally oblivious to the utterly corrosive consequences that such rulings have on the public's respect for law, our justice system overall, and the deterrence of the law and punishments?
Our legal system is really an absurd travesty, where virtually NO connected politico or investment bankers ever even gets charged and NONE actually go to jail.
And to add insult to injury, the crook Silver has been allowed to remain at large for 2 YEARS AFTER being convicted? What ever happened to the idea of removing a harmful malefactor from society to protect US from more misdeeds?
"Mr. Silver was sentenced to 12 years in prison by the judge, Valerie E. Caproni, but he was allowed to remain free pending his appeal"
48
The court had to follow the ruling of the unanimous Supreme Court decision. Law of the land.
I don't get it. He was convicted before the McDonnell decision by the SCOTUS so why does that decision apply ex post facto? Just once I would like to see one of these corrupt politicians do some real jail time but I guess that will never happen.
8
Compared to the corruption we now have in the Whitehouse, this was always a tempest in a teapot. Favors and referrals and networking is all politics has ever been. Congressmen would starve if they couldn't receive money as a result of being who they are as opposed to what they produce. This is hardly the worst case of this "problem." Our President and his family are lining their nests with money made more directly from corrupt behavior than anything Silver did, and I mean by a million miles. Cry me a river.
Leave it to the Court of Appeals Court to reverse a perfectly good convictionnand a harmless error of a jury instruction . The bottom line is Shelly The bottom line is Silver took millions of a dollars in legal fees for referring asbestos clients to his law firm (he did no actual legal work) that were given to him by a well meaning Doctor, not his friend, who in turn was funneled State grant money at his request, on the secret, for his experimental cancer research. That is what the arrangement became and it had to be illegal. And if it was legal, Shelly would not have tried to hide the source of the contributions, led directed by him. Power can corrupt and Mr. Silver probably convinced himself the grant money was well used. You give me sick people injured by asbestos. I get rich, and you de meaningful research. Easy breezy, no one really hurt. No bad jury instruction could undermine that evidence. Prediction. He will take a no jail time plea deal. This case really not worth re-trying.
1
And now begins the hunt for the patsies who will have to take the fall.
2
Our legislators have done as much as they can to legalize corruption, but, when that fails, they can count on the courts to bail them out. Legalized corruption is the name of the game -- it starts with our presidents and their families. Want to join the super-rich? The Clintons, the Obamas, the Bushes (Dad started with a small fortune and his influence bought Jr. a big one), the Nixons, the Eisenhowers. All of them multiplied their fortunes many times in retirement -- none by building, creating, or inventing anything.
3
Another result from a Supreme Court ruling that would make the founders' heads spin.
1
Laughable. It confirms we live in a banana republic.
2
Meanwhile. Carl Heastie appears to be doing a great job, playing it by the book ?
Anyone want to give him any credit here ?
Anyone want to give him a raise ?
Yeah, I didn't think so.
Anyone want to give him any credit here ?
Anyone want to give him a raise ?
Yeah, I didn't think so.
1
Welcome to America, where we've legalized corruption and criminalized poverty.
7
Prett Bahrara's tweet may have tainted the entire jury pool which will be convened at a later date. What was he thinking ? Why take this personally ? He did his prosecutorial work very well and got a conviction; the law changed and he should have left it at that.
Perhaps the judge in the case purposely gave faulty jury instructions knowing full well the conviction would be overturned. You don't think judges are crooks? Think again.
3
A good lawyer knows the law.
A great lawyer knows the judge(s).
A great lawyer knows the judge(s).
7
I'm shocked.
3
This is deeply disturbing. Unfortunately, the decision was all too predictable in light of the Supreme Court's prior rulings. What has to happen is that Congress and/or the NYS legislature must write clear, unequivocal statues prohibiting the kinds of slimy practices routinely engaged in by politicians of both parties. It's not that hard to do, but would require politicians to prohibit practices which allow them to line their pockets.
1
A glaring example of The Two Americas 2004 presidential contender John Edwards saw and upon which Bernie Sanders built his campaign, albeit with far more stratifyinf rhetoric - the 1% vs the rest of us (99%).
Problem is reality is much worse. Sheldon Silver is nowhere near the 1% and yet he enjoys his freedom - no incarceration during his appeal, conviction vacated.
It is important to note McDonnell was a unanimous decision. So much for "liberal activist judges". Chief Justice John Roberts wrote for the court that the prosecution's definition of corruption was "boundless" (read Politico's coverage http://www.politico.com/story/2016/06/supreme-court-overturns-bob-mcdonn...
This is so aggravating. Perhaps public officials and white collar workers need to be held to a high and inconvenient standard? The bar was high enough before McDonnell.
Problem is reality is much worse. Sheldon Silver is nowhere near the 1% and yet he enjoys his freedom - no incarceration during his appeal, conviction vacated.
It is important to note McDonnell was a unanimous decision. So much for "liberal activist judges". Chief Justice John Roberts wrote for the court that the prosecution's definition of corruption was "boundless" (read Politico's coverage http://www.politico.com/story/2016/06/supreme-court-overturns-bob-mcdonn...
This is so aggravating. Perhaps public officials and white collar workers need to be held to a high and inconvenient standard? The bar was high enough before McDonnell.
Those who know my politics were surprised when I predicted and wagered that Silver would prevail in his appeal from conviction on these exact grounds. The instructions were flawed. The law is the law.
Silver was a careful practitioner of what George W. Plunkett, a Tammany politician referred to as, "Clean Graft." This is otherwise known as, 'carefully structured conspiracy to break the law and enrich oneself at the expense of the public's trust."
That said, the flaw was found in the jury instruction, not the powerful case mounted by Bharara and the prosecution. The other singular moral flaw was that the case was brought against Silver, but not those seeking favor from him through what amounted to bribes. Glenwood Management and Witkoff Group emerged unscathed. The lesson taught in NY Courts and selective enforcement that exempts real estate interests from accountability under the law except in the most egregious circumstances has helped Donald Trump get to where he is today, with the delusional view that enforcing the law against those who corrupt with their power, money and influence is somehow, "persecution."
Silver was a careful practitioner of what George W. Plunkett, a Tammany politician referred to as, "Clean Graft." This is otherwise known as, 'carefully structured conspiracy to break the law and enrich oneself at the expense of the public's trust."
That said, the flaw was found in the jury instruction, not the powerful case mounted by Bharara and the prosecution. The other singular moral flaw was that the case was brought against Silver, but not those seeking favor from him through what amounted to bribes. Glenwood Management and Witkoff Group emerged unscathed. The lesson taught in NY Courts and selective enforcement that exempts real estate interests from accountability under the law except in the most egregious circumstances has helped Donald Trump get to where he is today, with the delusional view that enforcing the law against those who corrupt with their power, money and influence is somehow, "persecution."
2
We have a President whose campaign platform was that he bribed politicians for years - so only he can fix it.
We have Secretary of Education whose only qualification appears to be the $200 million she gave to the GOP.
If that's the example being set at the top, why is Silver even being questioned ?
If he were a Republican, he would probably be in Trump's cabinet.
We have Secretary of Education whose only qualification appears to be the $200 million she gave to the GOP.
If that's the example being set at the top, why is Silver even being questioned ?
If he were a Republican, he would probably be in Trump's cabinet.
1
And its irreversible now. Checkmate in X number of moves, no matter what the opponent does.
Wow, I thought up here in Canada we had a lame judicial system. We just gave Omar Khadr (the Canadian boy soldier) $ 10,500,000.00 for abrogating his rights under The Canadian Charter of values. For those who don't know, Khadr was 15 years old in Afghanistan when he killed 1 American soldier and blinded another in 1 eye.
But this overturned conviction certainly shows the disjointed disparity between the well-off white-collar "criminals" and other people. Mr. Silver was shown to have taken money illegally, and yet he gets his conviction reversed.
Yet some low-level criminal who robs a candy store of 20 bucks, goes to prison for 30 years!
In this case, justice is blind!
But this overturned conviction certainly shows the disjointed disparity between the well-off white-collar "criminals" and other people. Mr. Silver was shown to have taken money illegally, and yet he gets his conviction reversed.
Yet some low-level criminal who robs a candy store of 20 bucks, goes to prison for 30 years!
In this case, justice is blind!
12
I have NO confidence in the "leaders" in our government, NO confidence in the institutions of our government, NO confidence in our country. Corruption is everywhere and at every level. After our illustrious Supreme Court ruled that corporations have the same rights as people we now have a Government OF the corporations, BY the corporations and FOR the corporations. More and more I think it's time to start over.
27
Nailed it. A lot of people believe the same thing but we're hornets in a jar ...a jar like this one. And don't give me "Voting" .... we tried that and look where it got us. The votes we turn in don't even count. Absurdity Vertigo.
1
Though it was irrelevant to the Second Circuit's decision in the McDonnell case (which the Silver court relied on to reverse Silver's conviction), the author mentions that McDonnell is a Republican. McDonnell's party affiliation was entirely irrelevant to the Second Circuit's decision, of course -- just as Silver's party affiliation is irrelevant here, but the author nevertheless told us that McDonnell is a Republican.
What about Silver? He's mentioned numerous times in the article, beginning with its very first sentence, but we aren't told his party affiliation until the final paragraph. Readers that hang on that long will be told that Silver is a Democrat.
In theory at least, it doesn't matter whether Silver is a Democrat or a Republican (or a green-skinned Martian, for that matter). But it didn't matter in the McDonnell case either, yet the author saw fit to mention that McDonnell is a Republican. I wonder why.
What about Silver? He's mentioned numerous times in the article, beginning with its very first sentence, but we aren't told his party affiliation until the final paragraph. Readers that hang on that long will be told that Silver is a Democrat.
In theory at least, it doesn't matter whether Silver is a Democrat or a Republican (or a green-skinned Martian, for that matter). But it didn't matter in the McDonnell case either, yet the author saw fit to mention that McDonnell is a Republican. I wonder why.
9
I guess you didn't bother finishing this article, because Silver's party affiliation is mentioned in paragraph 6 (right above a photograph of him outside the courthouse), but the entire piece runs 14 paragraphs. Congratulations on your ominous musings intended to imply that the New York Times is predictably liberal and biased and, uh, somehow in Silver's pocket -- just because he's a Democrat. (BTW: I'm a Democrat too, and I hope this time the prosecutors secure a conviction that's Supreme-Court proof.)
Well, since Shelly was a NYS politician representing part of NYC, describing him as a Democrat is a bit redundant.
What are you going on about?
Silver's affiliation as a Democrat is mentioned in the 7th paragraph of the Silver article while McDonell's affiliation as a 'Republican' isn't mentioned until the 9th paragraph in the McDonnell article.
If you're trying to imply a bias then your argument makes no sense.
Silver's affiliation as a Democrat is mentioned in the 7th paragraph of the Silver article while McDonell's affiliation as a 'Republican' isn't mentioned until the 9th paragraph in the McDonnell article.
If you're trying to imply a bias then your argument makes no sense.
2
So much for the holier than thou Democrats.
7
The Democratic voters in New York State are well aware of the corruption in the state & local leaders of their party, thank you very much. That doesn't make the corrupt Republican Party any better.
3
Corruption and illegal, immoral behavior knows no partisanship.
4
Can Skelos be far behind? Thank you, again, Supreme Court, for your destructive, anti-democratic rulings. Albany- as you were!
23
RETRY the case!
It is clear this decision is a JOKE.
It is clear this decision is a JOKE.
12
No, the decision is not a joke; it is perfectly logical following the S Ct's decision. If anything, it's that decision that's a joke.
1
This is an example of the SC setting the definition of "corruption" so high that it has made it legal. This is another sign of the US descent into a third world state.
51
If anyone deserved not to rot in jail, it is former NYS Assembly speaker Shelly Silver who saved rent regulations for about 1 million NYC tenants back in the day. He worked tirelessly for his constituents on the Lower East Side for 40 years, helping them through major crises like 9/ll and Superstorm Sandy and more mundane ones like seeing to it that seniors got their disability checks. Yeah, he received referral fees for his services as a part-time lawyer and so do most attorneys. Former U.S. Attorney Preet Bharara prosecuted Silver and improperly milked the case for all the publicity he could get, effectively destroying Silver's right to presumption of innocence before his trial began. Here's hoping this 73-year-old want to have endure another trial.
5
Silver diverted millions and millions in state funds to special projects in his district, essentially buying votes. If every district in the state received similar funding our taxes would be so high we couldn't afford to live here.
13
Thanks, Mom!! Shelly
3
Be specific. What special projects in Silver's district improperly received "millions and millions" in state funds?
Just another example of a powerful white man being given special treatment when another person wouldn't see the light of day from his prison cell. Equal justice under the law has become a joke.
26
a democrat. whose conviction is overturned by the majority liberal dem judges of the ny 2nd circuit court. how fitting. no such thing as hypocrisy for dems
2
Sorry but what role did race play in this case?
1
It's not about race. It's about Sheldon Silver who ruled NY politics for years as the Lord of the Manor, and then was caught as the corrupt politician he is. He deserves jail time.
1
Yesterday, the very same Second Circuit upheld the conviction of Assemblyman William Boyland for basically a similar series of offenses except that Boyland's activities were more in line with a straightforward quid quo pro bribe solicitation. Silver's case wasn't so straightforward and an error in jury instructions proved to be fatal to sustaining the verdict on appeal.
Good thing our due process rights are protected by appellate courts and the rule of law or we would all be victims of publicity seeking and overreaching prosecutors and the mob.
Good thing our due process rights are protected by appellate courts and the rule of law or we would all be victims of publicity seeking and overreaching prosecutors and the mob.
5
So, elected officials can charge constituents for casual access, as long as they can justify independently any official acts they take regarding those constituents. That's a pretty good deal for wealthy constituents, and of course for the officials themselves. It's not so good for those constituents who can't afford to pay for access, and whose concerns therefore get ignored.
8
We might as well give up. We now need to capitulate to what I think we all know too well ... corruption in our political system is institutionalized just as is racism. We now need to understand that with decisions like McDonnell our politicians are held to a low standard rather than a higher standard needed for a well run, transparent democracy.
Welcome to Plutocratic takeover of our political system. One "corrupt" politician at a time with willing courts that lower the bar of expectations of our political candidates and government officials.
Pay to play ... Three men in a room ... backroom deals ... crosses parties.
And we wonder why we all act out of own self interests rather than the interests of the general welfare of our society?
Welcome to Plutocratic takeover of our political system. One "corrupt" politician at a time with willing courts that lower the bar of expectations of our political candidates and government officials.
Pay to play ... Three men in a room ... backroom deals ... crosses parties.
And we wonder why we all act out of own self interests rather than the interests of the general welfare of our society?
15
When you allow wealthy politically connected arrogant criminals, not poor struggling economically compromised downtrodden citizens, every technical nuance abrogating justice, you destroy all of our beliefs in the foundations of our society. People like Jose Cabranes and William Sessions don't fear, feel insulated from, the righteous rage of the masses. HMMM... how long will that continue?
4
Democrats: please remember this stuff when Cuomo makes a run for the presidency. We could really use non-corrupt democrat.
11
"non-corrupt democrat" = contradiction in terms
2
Read the article in the Post or the Decision. It seems the Times is way behind.
1
I'm wondering how long it will take for America to become a third world nation?
17
It depends on when trump will resign, every day he is president brings the day that we will be a third world nation closer
1
We're already on the way there
Ahhhhhh, to be a Democrat in Cuomo's New York!
5
The basis of Silver's reversal was a decision by SCOTUS that vacated a conviction of a REPUBLICAN Governor.
3
Good for him! That doesn't change the reality of Democrat corruption in New York State Government.
4
I guess you never heard of Joe Bruno.
1
Putin, rumored to be the richest man in the world, has worked in government jobs his entire life. Nothing else. See? Enter public service. Get rich. Just another example.
3
"Enter public service. Get rich." I doubt that many people would consider the millions of Americans who work in the service of other Americans to be corrupt because of their work as teachers, police officers, custodians, military, analysts, secretaries, managers, etc. While many public servants are represented by unions, the vast majority have earned their middle class lives honestly through hard work. Please don't lump us all in with the Sheldon Silvers of the world.
8
The Supreme Court ruling has produced its intended fruit. It is not legally possible any longer to prove that a government official has been bribed in our democracy.
Mr. Silver was convicted on Nov. 30, 2015, of honest services fraud, extortion and money laundering in one of the most prominent corruption trials in New York City in decades. Mr. Silver served for more than two decades as Assembly speaker. The New York State Assembly speaker obtained nearly $4 million in illicit payments in return for taking official actions that benefited others, according to evidence presented at his trial.
Banks are now too big too fail and politicians are too big to jail!
Mr. Silver was convicted on Nov. 30, 2015, of honest services fraud, extortion and money laundering in one of the most prominent corruption trials in New York City in decades. Mr. Silver served for more than two decades as Assembly speaker. The New York State Assembly speaker obtained nearly $4 million in illicit payments in return for taking official actions that benefited others, according to evidence presented at his trial.
Banks are now too big too fail and politicians are too big to jail!
26
Too bad all juries aren't required to be instructed to weigh whether an average citizen would get the same attention from the elected official.
8
Proper verdict based on SCOTUS decision in the McDonnell case. The feds totally overreached in that case, and now they're paying the price.
4
a) Note a verdict. b) McDonnell came down AFTER he was convicted.
3
What is the world to think? As one of the three men in the room Silver is corrupt. This stinks of cahootness.
Everybody - the door is open - be as corrupt and venal as this man - you'll go home free with all the loot you took. Taxpayers will just foot the bills as usual and then some.
Politics in the US/NY are - A S T O N I S H I N G to ordinary people like me. I found a stamp on the post office floor, picked it up and turned it in.
Is there no end to all these farcical shenanigans? Cherchéz la femme except that it's not the woman any more, they are taken for granted, just look at this disgusting man; Who can be trusted? Now that we've had our hero Preet thrown under the Trump buss, who's left? Those back rooms should be bugged, but - who should listen? Is nobody honest?
I spent hours two years ago reading about this piece of revoltingness, and was sure - SURE - that he'd be in the big house for a long long time.
Everybody! Join in - nothing will happen! you'll be in a new house, have a big car and your sons will have jobs in local government protected by their uncles.
Elizabeth
just frustrated along with everyone else. Why DO my kids insist on living in NY?
Everybody - the door is open - be as corrupt and venal as this man - you'll go home free with all the loot you took. Taxpayers will just foot the bills as usual and then some.
Politics in the US/NY are - A S T O N I S H I N G to ordinary people like me. I found a stamp on the post office floor, picked it up and turned it in.
Is there no end to all these farcical shenanigans? Cherchéz la femme except that it's not the woman any more, they are taken for granted, just look at this disgusting man; Who can be trusted? Now that we've had our hero Preet thrown under the Trump buss, who's left? Those back rooms should be bugged, but - who should listen? Is nobody honest?
I spent hours two years ago reading about this piece of revoltingness, and was sure - SURE - that he'd be in the big house for a long long time.
Everybody! Join in - nothing will happen! you'll be in a new house, have a big car and your sons will have jobs in local government protected by their uncles.
Elizabeth
just frustrated along with everyone else. Why DO my kids insist on living in NY?
7
Ha-
What
A
Surprise........
What
A
Surprise........
5
Decision: https://goo.gl/UxA4ry
A reading of the decision, page 47 (Conclusion) states........
-------
To summarize, we hold as follows:
(1) the evidence presented by the Government was sufficient
to prove the Hobbs Act extortion and honest services fraud
counts of conviction against Silver;
(2) the evidence presented by the Government was sufficient
to prove the money laundering count of conviction against
Silver because the Government was not required to trace
criminal funds that were commingled with legitimate
funds under 18 U.S.C. § 1957;
----------------------------------------------------
Guilty as charged, but faulty jury instructions.
A reading of the decision, page 47 (Conclusion) states........
-------
To summarize, we hold as follows:
(1) the evidence presented by the Government was sufficient
to prove the Hobbs Act extortion and honest services fraud
counts of conviction against Silver;
(2) the evidence presented by the Government was sufficient
to prove the money laundering count of conviction against
Silver because the Government was not required to trace
criminal funds that were commingled with legitimate
funds under 18 U.S.C. § 1957;
----------------------------------------------------
Guilty as charged, but faulty jury instructions.
17
Whadda day!! First Wildstein, of the bridgate scandal gets a walk and now that long time crook Silver gets his conviction thrown out. All in the span of 24 hours!!
Yessiree! The American Justice system "works" like a charm ( if you are politically connected and/or you have big bucks!)
Yessiree! The American Justice system "works" like a charm ( if you are politically connected and/or you have big bucks!)
64
I wish the article would have said what was wrong with the jury instruction. Not any detail there.
9
From a prior post and accurate:
The Silver jury was not instructed, the NY Appeals Court held, that to convict Silver they must find a connection between his actions as an Assemblyman re funding cancer research, and the fees that he received for referring a cancer researcher's cases to his law firm. Same with the real estate deals - the connection may have been there, but the jury was not told that it needed to expressly consider and find such connections.
The Silver jury was not instructed, the NY Appeals Court held, that to convict Silver they must find a connection between his actions as an Assemblyman re funding cancer research, and the fees that he received for referring a cancer researcher's cases to his law firm. Same with the real estate deals - the connection may have been there, but the jury was not told that it needed to expressly consider and find such connections.
1
The members of the New York Assembly earn $79,000 per year plus extras that can bring the compensation over $100,000.00, which is nothing for such a high profile job that takes substantially all of the legislators time during the year, even when it isn't in session. Also, the session days effectively prevent a legislator from doing any regular outside work. Perhaps if we paid more we would have fewer legislators cheating every chance they get. The last raise the legislators got was in 1998, 19 years ago. Its a full time job, not a part time one and it should be paid as such.
5
They make much more than they deserve for all the work they DO NOT do.
2
@Joel Friedlander: Why then do you suppose that they want these positions in the NY Assembly? Maybe a chance to make some "side money", do some favors,........certainly not a desire to represent their constituents' interests!
Corruption knows no party affiliation. Apparently any person can be corrupted. WE must make sure they are not elected to public office, which is meant to "serve" WE THE PEOPLE and the Constitution of the United States.
Democrats and progressives have their work cut out for them when they regain power in OUR United States Congress/Senate and state offices. The "scalia" Supreme Court of the United States of America managed to give nearly unlimited power to the people with the most money. WE must demand that laws are passed at every level to give power back to true representatives of WE THE PEOPLE.
NOW is the time for coordinated grassroots action and resistance to prevent The Con Don and his International Mafia Top 1% Global Financial Elite Robber Baron/Radical religion Good Old Boys cabal from destroying democracy in America and around the world. Their operatives are busy every day - in their high cabinet level positions - destroying the social benefits we have enjoyed since Teddy Roosevelt and FDR/Elanor.
They MUST be stopped by whichever means necessary.
Democrats and progressives have their work cut out for them when they regain power in OUR United States Congress/Senate and state offices. The "scalia" Supreme Court of the United States of America managed to give nearly unlimited power to the people with the most money. WE must demand that laws are passed at every level to give power back to true representatives of WE THE PEOPLE.
NOW is the time for coordinated grassroots action and resistance to prevent The Con Don and his International Mafia Top 1% Global Financial Elite Robber Baron/Radical religion Good Old Boys cabal from destroying democracy in America and around the world. Their operatives are busy every day - in their high cabinet level positions - destroying the social benefits we have enjoyed since Teddy Roosevelt and FDR/Elanor.
They MUST be stopped by whichever means necessary.
8
I hope prosecutors re-try this case.
13
If they retry Silver and not McDonnell, that's a bigger problem.
3
White-collar criminality, still the best criminality.
9
It's been over a year since justices overturned Bob McDonnell's conviction. I'm sure congressional judiciary committee members have scrambled together to introduce corrective legislation since the justices cut the bottom out of the corruption statute.
< Crickets >
< Crickets >
8
Did Mr. Silver pay taxes on the kick backs that he received? If not, can the federal government go after him on non-payment of taxes?
23
Read the case.
The knee-jerk reflex to "lock em up" got you Trump.
The knee-jerk reflex to "lock em up" got you Trump.
1
So glad I left New York ages ago. Texas has its own forms of corruption, but the weak government, with a legislature that meets only 180 days ever other year, naturally puts a lid on it. (As long as you don't need an abortion!)
6
The swamp critters are smiling today.
7
And he may still be convicted. The issue is that the jury was not instructed correctly. Silver was not declared "not guilty", and he may be retried by the State. Read the article next time, then post.
5
We get the government we deserve. Shelly Silver has always been a crook and yet he was repeatedly returned to office by the voters of his district and returned to power by the stupid and corrupt Assembly members. We will not get better until we make the effort to do so.
7
An economist or business person should weigh in here. Shelly Silver was making a boatload of money doing what exactly? If you are not producing anything of value, then the "system" should not be rewarding you. What I am trying to say here is that if the law contradicts basic principles of the marketplace, then something is wrong with the law.
2
so he's corrupt,takes bribes and gets off scotty free. pays no taxes on bribes or can IRS al capone him?
8
This may open the door for Illinois' Rod Blagovitch (spelling may be incorrect). I believe he's already served 8-9 years for his "selling" of Obama's Senate seat, although he did not ask for and never received any money.
I bet he's wishing he was governor of New York instead of Illinois at the time.
I bet he's wishing he was governor of New York instead of Illinois at the time.
12
Only in America can absolute guilt be reversed. The appeal process has run amuck. There was never a politician as guilty as Sheldon Silver is. The appeals court admitted that Silver was guilty. Yet because some other crazy court screwed up and acquitted another crooked politician in another state, Silver wins his appeal. There are not enough bad things on earth that can happen to this crook. He represents everything that is wrong and corrupt about politics in Albany.
7
Why does this article not include a link to the court of appeals decision? When an article is basically just summarizing what a court did, you do your readers a spectacular disservice by not including a link.
3
The birth of great new law firm: Bruno, McDonnell, Christie & Silver specializing in political corruption; a national practice advising politicians how to profit from public service.
9
Bruno is not an attorney
1
Better headline; "Slimy Snake Tricks Tribunal"
8
What a waste of time, effort and money. Corruption cuts across party lines and we all pay the price. What a sin. Silver is a free man, wow.
2
Just another reference point defining NY State. CT, NJ, CA and NY are nearing bankruptcy, and are contaminated with this type of overt corruption. Taxes go up, subways not working, infrastructure falling apart, but the party goes on!
The good news is that you can "vote with your feet," and move to another state. This is clear in CA, and many key tax paying businesses have left NJ and CT.
See Chicago (IL) Detroit (MI) and Puerto Rico for a clear view of what happens next.
I don't think Trump will bail any of these states out. It looks grim.
The good news is that you can "vote with your feet," and move to another state. This is clear in CA, and many key tax paying businesses have left NJ and CT.
See Chicago (IL) Detroit (MI) and Puerto Rico for a clear view of what happens next.
I don't think Trump will bail any of these states out. It looks grim.
10
Republican talking points.
NY and IL run rings around AL and KS.
Give us a break.
NY and IL run rings around AL and KS.
Give us a break.
3
http://www.nydailynews.com/new-york/n-y-population-decline-caused-slowin...
Give ME a break. No one said anything about a booming population in KS or AL. People move for lower taxes, better schools, and more business opportunity where the corporate tax rate is lower. I.e. why FL and the Carolinas are booming right now.
http://www.orlandosentinel.com/business/brinkmann-on-business/os-florida...
Give ME a break. No one said anything about a booming population in KS or AL. People move for lower taxes, better schools, and more business opportunity where the corporate tax rate is lower. I.e. why FL and the Carolinas are booming right now.
http://www.orlandosentinel.com/business/brinkmann-on-business/os-florida...
1
You cited a Republican opinion piece.
You really are hilarious.
The NY economy crushes Florida and the Carolinas. Crushes them.
You really are hilarious.
The NY economy crushes Florida and the Carolinas. Crushes them.
Another criminal gets off because the Supreme Court - the Republican Supreme Court - countenances and makes the definition of criminality for public officials as narrow as possible, so their Republican office holders are as free as possible to steal as much as possible. That Silver happens to be a Democrat is just a lucky break for him, Chief Corporate Stooge John Robert's judgment is basically designed to make theft and bribe taking legal, just so long as public office holders are doing it. Our Supreme Court is just another branch of the Republican kleptocracy, and just as deserving of prison as the rest of the Republican Criminal organization.
3
"...The United States Court of Appeals for the Second Circuit in Manhattan..."
Also, Democrat is the one taking bribes... , Manhattan Court packed by Dem Governors of NY State... ;))
Who's kleptocrat in this article...? Ideology makes people, blind? Or purposefully untruthful?
Also, Democrat is the one taking bribes... , Manhattan Court packed by Dem Governors of NY State... ;))
Who's kleptocrat in this article...? Ideology makes people, blind? Or purposefully untruthful?
1
I believe it was a 2016 Supreme Court decision that brought this back into play - who you gonna blame now?
That Supreme Court decision was unanimous. Who are you going to blame?
Don't worry. Trump and Betsy DeVos are draining the swamp. And Bannon and Mnuchin will keep Goldman and Hollywood out if DC for good !!
1
One wonders what kind of world people like Anthony Kennedy thinks he lives
in and wants to transmit to his descendants. Citizens United and the McDonnell decision have helped fortify the foundations of an oligarchic state by maintaining an institutionalized form of legal corruption without the pedestrian, so terribly old fashioned, and vulgar handing the bribe under the table. These decisions have made it essentially impossible for the country to respond to contemporary challenges through the legislative process, due principally to how vested interests of great size and unlimited resources do everything in their power to maintain what they have, regardless of whether this is in the interests of anyone other than themselves and their not
very well paid employees.
But it is also the case that the absence of sufficient citizen pressure,
generated by outrage against the corruption endemic in New York and elsewhere, as personified by Silver and Bruno's woeful behavior is a basic obstruction to draining our legislative swamps. This absence
is based upon a cynicism caused by a latent sense of powerlessness, indifference, and moral confusion that has helped this system of self representative governing to wither on the vine.
The country desperately needs a new reformist, progressive, bipartisan and unified movement from the local level up that insists upon basic
standards of common decency and ethical conduct throughout
government.
in and wants to transmit to his descendants. Citizens United and the McDonnell decision have helped fortify the foundations of an oligarchic state by maintaining an institutionalized form of legal corruption without the pedestrian, so terribly old fashioned, and vulgar handing the bribe under the table. These decisions have made it essentially impossible for the country to respond to contemporary challenges through the legislative process, due principally to how vested interests of great size and unlimited resources do everything in their power to maintain what they have, regardless of whether this is in the interests of anyone other than themselves and their not
very well paid employees.
But it is also the case that the absence of sufficient citizen pressure,
generated by outrage against the corruption endemic in New York and elsewhere, as personified by Silver and Bruno's woeful behavior is a basic obstruction to draining our legislative swamps. This absence
is based upon a cynicism caused by a latent sense of powerlessness, indifference, and moral confusion that has helped this system of self representative governing to wither on the vine.
The country desperately needs a new reformist, progressive, bipartisan and unified movement from the local level up that insists upon basic
standards of common decency and ethical conduct throughout
government.
10
Dream on. The Oligarchs now own the SCOTUS and may even get a stranglehold on it if anymore current justices exit. Pretty soon we'll be a monarchy.
Nice words but Albany has been a swamp for almost 150 years through reformist, b partisan movements all the way through the morally compromised Cuomo. We still have one of the worst legislatures in the country.
The point is that the 2nd Circuit is bound by the Supreme Court's ruling. The jury instruction was wrong, so new trial unless "harmless error", which the 2nd Circuit couldn't find the wrong jury instruction to be.
3
The Supreme Court decision was unanimous. Are you blaming RBG, Kagan, Sotomayer and Breyer?
My mother advised me as a child that if one were to steal go for at least seven figures. The judge will treat you with respect because you are a man of his class.
That is how bankruptcy law works. Ask DT
Steal a loaf of bread to feed your hungry family and off to prison for you, you filthy pauper.
That is how bankruptcy law works. Ask DT
Steal a loaf of bread to feed your hungry family and off to prison for you, you filthy pauper.
16
He should ask "Where do I go to get my reputation back?"
Better, Rep Silver actually took money -- the Senate leader at the time, Dean Skelos, was convicted of helping his son get a job and accepted nothing else. Love to see his punishment stopped as well.
Better, Rep Silver actually took money -- the Senate leader at the time, Dean Skelos, was convicted of helping his son get a job and accepted nothing else. Love to see his punishment stopped as well.
There is no accountability for the money interest people only the guy holding an ounce of MJ. It has been going on for way too long and accountability has to be brought back so we might actually get statesmen working for we the people who know they will be punished if they are corrupt
3
I am sure NYT readers will find some way to blame Trump for this fiasco.
8
You mean the way Republicans blamed Obama for everything?
Why do Republicans have so much trouble staying on topic?
The thief is a Democrat who got himself into trouble and deserves to be punished to the fullest extent of the law.
There. Feel better?
Sheesh...
Why do Republicans have so much trouble staying on topic?
The thief is a Democrat who got himself into trouble and deserves to be punished to the fullest extent of the law.
There. Feel better?
Sheesh...
1
seriously ? Are you guys on here so naïve and Believe Barrera ? The media ? Is he really guilty ? Let's start with the point why did the government stop the program of mesothelioma cancer research for that dr taub?? How many people die a year because of that so he came in and he restored the program bribe ? He never took money directly from anyone The only question I have got referral to his lawy office Should he go in jail for this for 12 years how many more people need to die from not having the research and how corrupt is he really ????
People love to hate politicians.
Why do you think Trump went with "Lock Her Up" ?
He fed off blind hatred and he won with it.
The pitchforkers commenting here are putty in Trump's hands.
Why do you think Trump went with "Lock Her Up" ?
He fed off blind hatred and he won with it.
The pitchforkers commenting here are putty in Trump's hands.
Gosh this looks bad.
This was a federal appeals court that overturned the conviction, so the argument many are making here that it's because of New York corruption looking out for its own interests are not accurate. The bottom line is that although he did something unethical, it apparently was not illegal. And overzealous prosecutors thought they had a good case and it ended up costing all of us millions of dollars in legal fees.
But I'm sure the people here on this comment board just want blood and not the facts.
To all those who take pride in commenting – take a good look in the mirror. You probably believe you represent the intellectual salon debating important issues. But each day it seems the more clear that you are the dumb angry mob with pitchforks and torches.
But I'm sure the people here on this comment board just want blood and not the facts.
To all those who take pride in commenting – take a good look in the mirror. You probably believe you represent the intellectual salon debating important issues. But each day it seems the more clear that you are the dumb angry mob with pitchforks and torches.
2
Read again: the conviction was overturned because, per the later SC decision in the McDonnell case, the judge's instructions to the Silver jury were retroactively improper. Silver was not cleared of wrongdoing. In fact his trial was notable for the fact that the defense lawyers conceded virtually all the prosecutor's charges and defended their client as just doing what everyone does in Albany. Hence the outraged district jury; hence the appellate judge's comment that some might find the evidence against Silver "distasteful." Silver can still go back to trial. As for the notion that there's an iron wall of impartiality between federal judges and the major state politicos within their jurisdiction--that's naive at best.
Lately, when it comes to holding government actors accountable we are well and truly testing the notion that "it's better that 100 guilty people go free than for 1 innocent person to be convicted."
At this point, it is abundantly clear that very few people in government have any real fear of our justice system. Often their actions are so blatant it causes the average citizens to doubt they actually intended to do anything wrong. After all, surely no one would be stupid enough to make their illicit activities so obvious, right? Emails, text messages, audio/video recordings, public statements, bank statements... they build cases against themselves as if they have some subconscious desire to confess.
But perhaps they are not so stupid after all. After all, if Silver's actions are merely a matter of "taste" and not corruption, it gives cover to all kinds of scandalous actions.
At this point, it is abundantly clear that very few people in government have any real fear of our justice system. Often their actions are so blatant it causes the average citizens to doubt they actually intended to do anything wrong. After all, surely no one would be stupid enough to make their illicit activities so obvious, right? Emails, text messages, audio/video recordings, public statements, bank statements... they build cases against themselves as if they have some subconscious desire to confess.
But perhaps they are not so stupid after all. After all, if Silver's actions are merely a matter of "taste" and not corruption, it gives cover to all kinds of scandalous actions.
1
I think it's pretty disappointing that the august, 2nd circuit, could not differentiate between the actions of Mr. Silver vs Gov. McConnell. The case against Gov. McConnell should have never been brought and shows that bad case law is made by overzealous prosecutors. The case was incredibly weak of acts taken by McConnell in return for gifts, as unseemly as appeared. In difference, I think the nature of the benefit received by Silver was substantially different and the prosecutors showed substantial acts taken. This is a significant difference. But if the 2nd circuit is basically saying there will be no more convictions for public corruption, practically speaking, I think that's a sad reading of McConnell. This also does not auger well for the case against Robert Menendez in the fall. People may blame conservative jurists for this, but I blame the foolish people behind the McConnell case who gave us bad case law.
The McConnell case was brought to affect the Governor and AG elections, which it did.
The Democrats barely edged out the Republicans primarily because of the publicity over the case.
The Democrats barely edged out the Republicans primarily because of the publicity over the case.
Soon enough Dean Skeloss & Co. convictions will be overturned, than matters in NYS will be, "thankfully", back to normal.
We need a new name for this system.
"Justice" doesn't work anymore.
"Justice" doesn't work anymore.
2
Next move: en banc hearing or direct appeal to SCOTUS?
1
Justice for the well off is running wild!
And with the Grifter’s picks and the ones to come, expect more of the same.
High priced lawyers will bring you...justice? The answer? Will get you free.
Give him back his seat at the Assembly, he deserves it.
And with the Grifter’s picks and the ones to come, expect more of the same.
High priced lawyers will bring you...justice? The answer? Will get you free.
Give him back his seat at the Assembly, he deserves it.
I am a trial attorney in New York for 26 years and I am disgusted by this decision. Corruption in this state is rampant and this decision will only help it get worse. I'm disappointed and disgusted by my profession.
19
I bet you're a defense attorney hired by insurance companies to defend the innocent.
It encourages you to steal big, you have a better chance of avoiding prison.
2
So a crooked Democrat benefits from a partisan ruling by the partisan GOP Supreme Court, a ruling designed to save a crooked Republican from jail. Talk about unintended consequences......
1
What is more toroubling than this decision is the basis for the decision by the Second Circuit - the Supreme Court decision in McDonnell v. United States.
This opinion was a unanimous decision and is indicative of the low standards to which elected officials are held.
https://www.supremecourt.gov/opinions/15pdf/15-474_ljgm.pdf
This opinion was a unanimous decision and is indicative of the low standards to which elected officials are held.
https://www.supremecourt.gov/opinions/15pdf/15-474_ljgm.pdf
1
"Prosecutors may retry Mr. Silver, a 73-year-old Democrat from the Lower East Side of Manhattan who served for more than two decades as Assembly speaker."
As a resident of Mr. Silver's former district, I ask for a retrial.
As a resident of Mr. Silver's former district, I ask for a retrial.
4
This was real corruption going on for decades and the NYT did not have time to investigate.
A Trump, Jr. meeting with a Russian attorney warrants holding the presses.
A Trump, Jr. meeting with a Russian attorney warrants holding the presses.
2
Wait a minute .. the Court was perfectly reasonable to conclude the jury might not have convicted this crook because after all, he was repeatedly returned to office by both the voters of his district, and the collective membership of the state assembly of ... which state was that again?
5
It wasn't Russia! ;))
3
What can one say? Business as usual in Buy American, as in buy an American politician and get away with it. Next up, Dean Skelos.
1
Always expected this--it's just how NY politics roll. Lose in front of a usually appalled jury at the district level, get released on a technicality by your pals at the appellate level. It's CW in Albany that juries on such corruption cases tend to develop serious anti-pol sentiments--can't imagine why--so our public servants deserve an escape hatch at a higher court of less outraged peers, otherwise who would ever want to run for office? The old crook must be doubly pleased that Trump fired his prosecutor.
1
Apparently this legal cloud has a Silver lining...
3
License to steal .... This is what the McDonnell and now Silver rulings amount to for government officials. And it"s not as if dishonest officials haven't got dozens of other routes to illicit gains. Great signal from our legal system -- manipulate the laws so they are so narrow with regard to official misconduct that almost nothing can be punished.
3
It could be worse. I could be him.
I wish that I was politically connected. I'm a dem, but when it smells like garbage, it usually is. Only are the small folk that have to pay for our misgivings, large or not. Who said life was fair?
Why don't you look at the Republicans in your government ?
You don't sound like a "dem" at all.
You don't sound like a "dem" at all.
Had I done same as Silver did, I'd probably be behind bar for life...
1
Clearly, there are issues with this 'honest services' charge.
Can't you call a bribe a bribe.
That's the only thing SCOTUS is going to accept.
Can't you call a bribe a bribe.
That's the only thing SCOTUS is going to accept.
1
Democrat S. Silver controlled most political decisions in NY for decades and the Appeals Court cannot change the fact that Silver took money for political favors during his tenure as Assembly Speaker. The sad part is that many NY residents consider graft as just part of the system. For others, just more proof that you cannot trust the democrats.
2
The Supreme Court strikes again. Retry him please, I believe a newly instructed jury would reach the same conclusion. Also, no remaining free pending appeal.
3
He needs to be re-tried. If he does not spend the rest of his miserable life in jail, he should at least spend it in court.
5
"Steal a little and they throw you in jail
Steal a lot and they make you king"
-2016 Nobel Laureate Bob Dylan
Steal a lot and they make you king"
-2016 Nobel Laureate Bob Dylan
5
A travesty. Hard to understand how a newly-minted definition of corruption can be used as a standard for evaluating criminal behavior that was conducted and adjudicated under the lens of a formerly-accepted legal standard. Wasn't Silver being tried for crimes conducted during a specific time period, under the laws of a specific time frame, or was it for crimes of a specific time period pending future changes in the law? It's no wonder there are lawless eruptions of all sorts, allover the nation. What a message to send to those who cannot afford super-legal defense teams.
130
It would have been worse had McDonnell walked and Silver didn't.
It's hard to imagine any politician being justly incarcerated for corruption under a Trump Presidency. Trump makes Blagojevich look like a Saint.
It's hard to imagine any politician being justly incarcerated for corruption under a Trump Presidency. Trump makes Blagojevich look like a Saint.
1
The way to understand it is that it's only "newly-minted" in that a Supreme Court decision interpreted a law that it had not previously been asked to interpret. The way to think about it is that Silver is in fact being judged under the law that existed at the time he committed his (at a minimum) sleazy acts. But the judge who presided over his trial made a mistake in the way in which she defined the crime for the jury, so according to the appellate court, the jury was deciding Guilty or Not Guilty based on the wrong definition of laws that had existed for years. Of course, it's a bit unfair to fault the trial judge, who was just doing the best she could under the court cases that had interpreted those laws up to that time. But the Supreme Court came in later and declared its own interpretation, which was different than hers. So, bottom line: there were no "changes in the law," just an interpretation that the judge got wrong. Note that this happens all the time, in all contexts, and is certainly not limited to people with fancy lawyers. (BTW: I think Silver is a disgrace, and will be rooting for his conviction on retrial.)
The NYS Court of Appeals ruled correctly. The Supreme Court held in McDonnell that a corruption correction had to be based on an elected official's government action. The Silver jury was not instructed, the NY Appeals Court held, that to convict Silver they must find a connection between his actions as an Assemblyman re funding cancer research, and the fees that he received for referring a cancer researcher's cases to his law firm. Same with the real estate deals - the connection may have been there, but the jury was not told that it needed to expressly consider and find such connections.
These requirements are not mere technicalities; they are the core of the holding in McDonnell. You got free yoga classes; great, but what was the quid pro quo? If a government action, then you acted corruptly. If a night out on the town, then no.
I agree that the bar may be too high; nonetheless, that's what it is unless and until McDonnell is overuled.
Yes, Silver had excellent lawyers who vigorously pursued his rights. Affluent defendants are at a high advantage in our legal system. That's bad, and that's the issue - not whether the conviction should have been overturned. It should have been overturned based on the law, for Silver and any other defendant.
The anger here should be redirected toward ensuring that every single criminal defendant obtains the quality legal representation that Shelly Silver could afford.
These requirements are not mere technicalities; they are the core of the holding in McDonnell. You got free yoga classes; great, but what was the quid pro quo? If a government action, then you acted corruptly. If a night out on the town, then no.
I agree that the bar may be too high; nonetheless, that's what it is unless and until McDonnell is overuled.
Yes, Silver had excellent lawyers who vigorously pursued his rights. Affluent defendants are at a high advantage in our legal system. That's bad, and that's the issue - not whether the conviction should have been overturned. It should have been overturned based on the law, for Silver and any other defendant.
The anger here should be redirected toward ensuring that every single criminal defendant obtains the quality legal representation that Shelly Silver could afford.
58
If "every single criminal defendant" had the "quality legal representation" Sheldon Silver had it would be a real-world disaster. It would be practically impossible to convict anybody of anything. But I admit it sounds great in theory.
3
The article explains that Silver was convicted of "obtaining payments for actions taken on behalf of" the payees. How is that NOT corruption?
4
That's a good question. The problem was that the judge did not instruct the jury that the actions had to be official ones, taken in Silver's capacity as a member of the state assembly. My guess is that if the jury have been so instructed, Silver would have been convicted anyway, and the conviction would have been upheld. He will be retried.
It's not bad justice for Silver to benefit from this rule, even though he is most likely guilty. The rule applies to everyone, and means that people can exchange favors as long as those figures do not result in government action.
I agree that this is a possibly a naïve view. Arguably, however, it also protects official who do not misuse public office. Politics is to a great extent about forging relationships. So long as there is no quid pro quo in the form of an official action, these relationships are not necessarily bad. Our system is corrupt because it permits huge financial contributions that inevitably influence political officials. That is not what this ruling is about.
Re affording competent counsel: that is a "huge" problem and I do not know how it will be solved. Public defenders and Legal Aid counsel have unmanageable caseloads. Some public defenders are inexperienced. I was involved in a death penalty appeal in which the lawyer for the black defendant was the head of the local Ku Klux Klan and slept through the trial. Thankfully, the Supreme Court vacated the conviction and the guy was able to plea-bargain.
It's not bad justice for Silver to benefit from this rule, even though he is most likely guilty. The rule applies to everyone, and means that people can exchange favors as long as those figures do not result in government action.
I agree that this is a possibly a naïve view. Arguably, however, it also protects official who do not misuse public office. Politics is to a great extent about forging relationships. So long as there is no quid pro quo in the form of an official action, these relationships are not necessarily bad. Our system is corrupt because it permits huge financial contributions that inevitably influence political officials. That is not what this ruling is about.
Re affording competent counsel: that is a "huge" problem and I do not know how it will be solved. Public defenders and Legal Aid counsel have unmanageable caseloads. Some public defenders are inexperienced. I was involved in a death penalty appeal in which the lawyer for the black defendant was the head of the local Ku Klux Klan and slept through the trial. Thankfully, the Supreme Court vacated the conviction and the guy was able to plea-bargain.
3
What's my motivation for working hard everyday, paying my taxes, and being honest in my endeavors when some piece of human waste steals/extorts/ receives four million dollars?
What do I tell my children about why they should work hard?
The sad part is that he's going to get away with it, he'll still keep his pension even if he goes to jail, and his family no doubt keeps a bulk of money.
What do I tell my children about why they should work hard?
The sad part is that he's going to get away with it, he'll still keep his pension even if he goes to jail, and his family no doubt keeps a bulk of money.
185
I have kids too. I am at a loss to tell him that honesty pays when clearly what really pays is "just ensure that they cannot prove any wronging doing in court."
2
To Sarid,
In theory, I agree with you. But, and this may sound trite, you still have your self-esteem and the respect of others, especially your children. If you pass that on to them, and they emulate you, you've done something wonderful for them and society. The Shelly Silvers of the world live out there days justly despised by others. You will live yours justly respected and admired by others.
In theory, I agree with you. But, and this may sound trite, you still have your self-esteem and the respect of others, especially your children. If you pass that on to them, and they emulate you, you've done something wonderful for them and society. The Shelly Silvers of the world live out there days justly despised by others. You will live yours justly respected and admired by others.
2
The McDonnell decision is like the Citizens United decision in its pro-business sympathies.
And just like Citizens United, McDonnell will have a corrosive effect on our governance.
It's a sad day.
And just like Citizens United, McDonnell will have a corrosive effect on our governance.
It's a sad day.
12
This is an excerpt from the NY Times article "Supreme Court Vacates Ex-Virginia Governor’s Graft Conviction":
"Chief Justice John G. Roberts Jr., writing for the court, narrowed the definition of what sort of conduct can serve as the basis of a corruption prosecution. He said only formal and concrete government actions counted — filing a lawsuit, say, or making an administrative determination. Routine political courtesies like arranging meetings or urging underlings to consider a matter, he added, generally do not, even when the people seeking those favors give the public officials gifts or money."
This ruling, along with Citizens United, are the reasons why our political system is becoming a system catered to the rich and well-connected. God save us all.
"Chief Justice John G. Roberts Jr., writing for the court, narrowed the definition of what sort of conduct can serve as the basis of a corruption prosecution. He said only formal and concrete government actions counted — filing a lawsuit, say, or making an administrative determination. Routine political courtesies like arranging meetings or urging underlings to consider a matter, he added, generally do not, even when the people seeking those favors give the public officials gifts or money."
This ruling, along with Citizens United, are the reasons why our political system is becoming a system catered to the rich and well-connected. God save us all.
25
The McDonnell ruling was unanimous.
If the jury was not properly instructed by failing to take into account the law as it existed at the time the case went to the jury then this is the proper outcome.
The big issues now are whether the man is guilty of anything in light of the new standards set forth by the Supreme Court; and, if he is, whether the prosecutors will go through the trouble of trying him again under the appropriate standard.
That said, the man lost his position and prestige and probably a bundle of cash. Does that suffice as adequate punishment?
The big issues now are whether the man is guilty of anything in light of the new standards set forth by the Supreme Court; and, if he is, whether the prosecutors will go through the trouble of trying him again under the appropriate standard.
That said, the man lost his position and prestige and probably a bundle of cash. Does that suffice as adequate punishment?
3
No, it does not. he is a criminal who should pay for his crimes.
4
Kind of reminds me of the time I was wrongfully convicted of a liquor store hold up, which was my primary means of support for fifteen years.
Fortunately, the appeals court was committed to justice and the rule of law and found that although I was waving a gun and the owner gave me all the money in the till, I had never explicitly demanded he do so, and hence the proceeds were considered a gift. And, to you cynics out there, the fact that my father was chairman of the board of Toxic Dumpers, Inc. at the time had nothing to do with the eminently fair outcome.
Fortunately, the appeals court was committed to justice and the rule of law and found that although I was waving a gun and the owner gave me all the money in the till, I had never explicitly demanded he do so, and hence the proceeds were considered a gift. And, to you cynics out there, the fact that my father was chairman of the board of Toxic Dumpers, Inc. at the time had nothing to do with the eminently fair outcome.
81
Your comment is spot on
3
It's a sad day when William K. Sessions III starts thinking like Jefferson Beauregard Sessions III.
3
I wonder if Silver was responsible for the appointment of the Judges who voted to appeal the guilty verdict, it’s not corruption , it’s just N.Y. Politics.
8
The state legislature and the speaker have minimal or no influence on federal judge selection. U.S. senators may have some input depending on the DoJ at the time. The DoJ makes the nominations and they are confirmed by the U.S. Senate.
It's rather rich for someone from Kentucky to sneer at "N.Y. Politics". Kentucky has one the most corrupt state governments in the country. (https://insiderlouisville.com/metro/harvard-study-kentuckys-state-govern... Not to mention your "gift" of McConnell to the rest of us.
It's rather rich for someone from Kentucky to sneer at "N.Y. Politics". Kentucky has one the most corrupt state governments in the country. (https://insiderlouisville.com/metro/harvard-study-kentuckys-state-govern... Not to mention your "gift" of McConnell to the rest of us.
8
No. NY politics doesn't come into it. Sessions is a federal district court judge from Vermont, on senior status, and sitting by designation (as district judges do). He is also first-rate. Wesley was briefly an assemblyman from far northern NY more than 30 years ago, long before Silver became speaker. Cabranes' career was almost entirely in the academic world and was Yale's General Counsel when Carter appointed him to the federal bench,
2
State politicians do not appoint federal judges. Thus, while Silver may (or may not) be corrupt the reversal of his conviction by the Second Circuit is not indicative of corruption. There is enough corruption to go around without imagining even more.
1
"only formal and concrete government actions counted — filing a lawsuit, say, or making an administrative determination. Routine political courtesies like arranging meetings or urging underlings to consider a matter, he added, generally do not, even when the people seeking those favors give the public officials gifts or money." Justice Roberts. As I understand the Supreme Courts ruling, It permits play for pay and influence peddling for well-informed and careful corrupt politicians. Sheldon Silver did not receive his millions based upon his good looks or personality. The firms he steered victims to pay him based on the people he brought to them, directly or through a third party physician who also received his slice of the victims' settlements. Sophisticated/Legalized ambulance chasing.
17
We are in the age of the Trump kleptocracy. The only question is whether it will unite with Putin's oligarchy for a new world order. But, who will stop them?
14
Alas, it's always been an age of kleptocracy. First with kings, queens and emperors. Then robber barons, followed by masters of the universe. Without the internet it tended to stay hidden and discrete - except for the occasional flare up (e.g., American, French and Russian Revolutions). The information/internet age has brought it out in the open more and there are simply more kleptocrats (and sycophants willing to aid and abet them).
2
"Judge José A. Cabranes wrote for a unanimous three-judge panel of the Second Circuit. “The question presented to us, however, is not how a jury would likely view the evidence presented by the government. Rather, it is whether it is clear, beyond a reasonable doubt, that a rational jury, properly instructed, would have found Silver guilty.” "
So, who's to define the meaning of a 'rational jury', and is that term measured and analyzed before *or* after each and every jury finding, or is it exclusively reserved for politicians and their corruption trials?
So, who's to define the meaning of a 'rational jury', and is that term measured and analyzed before *or* after each and every jury finding, or is it exclusively reserved for politicians and their corruption trials?
12
The law considers a "Rational jury" or "reasonable person" to be an objective standard applied to all matters. Those terms have been defined over many years.
2
It seems to me whenever politicians run afoul of the law both SCOTUS and appellate courts provide greater latitude than to everyday citizens. It would be more honest to instruct a jury to use their common sense, as they would for an ordinary accused person. Are convictions of the everyday run of the mill thieves, murderers, and other miscreants made by irrational juries?
2
"Yes, as through this world I've wandered
I've seen lots of funny men;
Some will rob you with a six-gun,
And some with a fountain pen."
Woody Guthrie
I've seen lots of funny men;
Some will rob you with a six-gun,
And some with a fountain pen."
Woody Guthrie
158
But, don't you dare steal a Twinkie at the 7-11.
252
Twinkies deserve full protection against theft of same!
yeah all that massive fuss over this, and then they vacate the decision b/c a right wing court played to its constituency. the guy didn't spend a day in jail, as we, somehow, all knew he wouldn't. None of the nasty stuff for the big New York rich guy
1
Or sell loose cigarettes on the street!!
3
Has any seen the Moreland Commissioners and Special Advisors? We're still waiting for the "Final Report" they swore an oath to write:
Co-Chair William "Herbert" Fitzpatrick
Co-Chair Milton L. Williams, Jr. (working defense on USA v Percoco et al)
Joseph A. D'Amico, Special Advisor
Raymond W. Kelly, Special Advisor
Robert M. Morgenthau, Special Advisor
Barbara Bartoletti, Special Advisor
J. Patrick Barrett
Richard Briffault
Daniel J. Castleman
Derek P. Champagne
Eric Corngolld
Kathleen B. Hogan (Appointed Judge by Cuomo)
Nancy Hoppock
Seymour W. James
David Javdan
Robert Johnson
David R. Jones
Lance Liebman
Joanne Mahoney
Gerald F. Mollen
Makau W. Mutua
Benito Romano
Frank A. Sedita III
P. David Soares
Kristy Sprague
Betty Weinberg Ellerin
Peter L. Zimroth
Thomas P. Zugibe
Co-Chair William "Herbert" Fitzpatrick
Co-Chair Milton L. Williams, Jr. (working defense on USA v Percoco et al)
Joseph A. D'Amico, Special Advisor
Raymond W. Kelly, Special Advisor
Robert M. Morgenthau, Special Advisor
Barbara Bartoletti, Special Advisor
J. Patrick Barrett
Richard Briffault
Daniel J. Castleman
Derek P. Champagne
Eric Corngolld
Kathleen B. Hogan (Appointed Judge by Cuomo)
Nancy Hoppock
Seymour W. James
David Javdan
Robert Johnson
David R. Jones
Lance Liebman
Joanne Mahoney
Gerald F. Mollen
Makau W. Mutua
Benito Romano
Frank A. Sedita III
P. David Soares
Kristy Sprague
Betty Weinberg Ellerin
Peter L. Zimroth
Thomas P. Zugibe
14
Hey Preet, thanks for this example of overzealous prosecution. Now the US taxpayer is on the hook for every penny of Mr. Silver's legal fees for the last 2.5 years- certainly well north of 5 million dollars.
And Preet- where does Mr. Silver go to get his reputation back? You are the criminal, the thief.
And Preet- where does Mr. Silver go to get his reputation back? You are the criminal, the thief.
6
Sorry, Jonny, this case was overturned on a technicality--Jury instructions--not on the merits. Even these judges say the facts adduced at Silver's trial would leave many with distaste. You don't seem to view taking $4million in illicit payments in return for official actions that benefited those making the payments as being wrong. I guess this is where we will agree to disagree.
21
There is a difference between distaste- which we can agree on, since NY politicians can hold other jobs- and illegal. Jury instructions arent a technicality, they are a reality of law.
Two problems: The government doesn't reimburse defense legal fees. Second, there will likely be a retrial. So actually Mr. Silver will never get his reputation back since the facts speak for themselves, and the facts are what gives rise to the destruction of his reputation. So actually, maybe he goes to jail anyway.
4
It helps to have a bought and paid for apellate Jurist on your side, the corrupt should always be retried!
20
What a waste of taxpayers hard earned dollars, the guy never set a foot in a jail.
32
Not good. SCOTUS didn't strike the right balance in its ruling. It's already hard to protect the public against corruption.
53
This wasn't decided by SCOTUS but US Court of Appeals 2nd Dist in Manhattan.
2
Yea, it's really hard. God forbid voters have to turn up every two years, spend a half hour and do their civic duty : Vote!
That's the foundation of our democracy. Use It or Lose It!
That's the foundation of our democracy. Use It or Lose It!
1
Wow. Political corruption is sanctioned by the courts. It's almost as if business, politics and law are all working together to line their own pockets. Who knew?
160
I am not a New Yorker but I have been interested in this case.
My reaction " you have to be kidding ".
My reaction " you have to be kidding ".
109
We obviously have two sets of rules in this country: for the rich and powerful, and everyone else. We're barely even trying to hide it anymore.
260
This is a disgrace and an affront to justice. This man was corrupt and conniving for most of his career and now he gets to walk. He will probably sue New York and undoubtedly collect another payday.
91
Yes, well said. An injustice of the first order
7
Thanks Scalia!
26
The case was heard and decided after Scalia's death. The decision was unanimous.
2
Time to put him back in the assembly! People knew he was corrupt for decades yet still voted him back in every time.
9
Ya, kind of like Charlie Rangel....and other democrats.
Why is there no link to the Supreme Court ruling, or at least to a summary analysis of the argument?
26
It's in the related coverage - "Supreme Court Vacates Ex-Virginia Governor's Graft Conviction." It explains the case.
To quote Cyndi Lauper, "Money changes everything."
49
So, this is the rule of law? If the corrupt rich or powerful get convicted, merely change what corruption means on appeal. Kind of like 'enhanced interrogation' isn't torture, because we changed the definition.
110
There will be a ton of pols in NY/NJ celebrating this weekend. They just got the green light to feed at the donor trough even more blatantly and they are covered already covered in slop.
106
"The corruption MUST go on !"
"I have nothing further, your clueless honor".
"I have nothing further, your clueless honor".
25
Obtain $4 million in illicit payments in return for taking official actions that benefit others and you're NOT guilty?
190
It's New York, buddy; have you forgotten?
2
Nobody said he was ACTUALLY innocent.
1
Remember, "Ya gotta pay ta play!" LOL
1
A sign of our times, elected officials can't be convicted unless there is video footage from multiple angles of a constituent handing an elected official a paper bag with "BRIBE" written in large, black marker. Anything less than that seems to be too subjective for our current courts. A sad day indeed.
226
That was close -- a powerful politician almost got convicted of something. Good to see things are back to normal.
303
Now the taxpayers are on the hook for his legal fees. Disgraceful.
80
Just like Bruno.
6
He was allowed to remain free pending his appeal. I wonder how many minorities would be given such treatment after stealing $4 million?
294
So only minorities get prosecuted? You don't think that any joe smo off the street would have been convicted? Tired of identity politics. It's false.
1
As usual, two sets of laws in America. Don't by the rationale of last year's Supreme Court decision or expect the stench of corruption to leave anytime soon.
64
What a disappointment for champions of reform in NYS.
78
We will soon have a New York constitutional convention. Change may be forthcoming, if there is the will.
Decades of political corruption,numberless citizens deprived of opportunities and rights,millions in public funds wasted and stolen...... now protected from justice by self serving and hair splitting legalese,almost tailored to protect the political class........ to this add the POTUS decision on the Gore-Bush election recount and the Citizens United decision .......... wheres the demos in democracy for the ordinary American citizen ?