Federal prosecutors plan to re-try case against Silver after conviction overturned

Federal prosecutors plan to re-try case against Silver after conviction overturned

Federal prosecutors said the evidence is strong enough to convict Silver regardless of the definition, and they intend to prove it. So, whatever happens next - and it should be a new trial - the fact is that the disgraced legislative leader is a crook, at heart if not at law. Without it, justice becomes arbitrary.

Like Silver, McDonnell never denied taking money from donors - in the governor's case, more than $175,000 in loans and gifts, including a Rolex, a Bergdoff Goodman shopping spree for his wife, and five-figure wedding gifts for his daughters. He acknowledged it in writing.

Prosecutors may retry Silver, a 73-year-old Democrat from Manhattan who served more than two decades as Assembly speaker.

"In Albany-land, people think it's ok to use your public office for private gain", Horner said.

He had cause to regret.

Prosecutors accused Silver of collecting close to $4 million of illegal fees for awarding state grants to a top cancer researcher, and steering real estate developers to a friend's law firm and supporting their interests on rent legislation.

Taub sued Columbia to get his $300,000-a-year job back but was sacked again in April after an appeals court sided with the university.

Now, Reice said he's looking at whether the Court of Appeals, the state's highest court, will reconsider Taub's case given the ruling on Silver. "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", Cabranes said. The appeals court decision overturned the conviction based on a 2016 Supreme Court decision that changed key definitions used in the jury instructions. That decision rested on how the judge had defined what is an "official act", when giving instructions to the jury.

That's more than a technicality and, assuming the appeals court to be correct, the ruling was fair.

Silver's and Dean Skelos' convictions were among the biggest prosecutions by Kim's predecessor, Preet Bharara, who made fighting public corruption a priority.

Silver's attorneys say they are "grateful" for the decision, but the U.S. Attorney's office for New York's Southern district says it will retry the case.

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