US attorney 'close to the edge' in comments on indicted lawmaker, but federal judge won't nix case
Photo of Sheldon Silver from the New York State Assembly
The U.S. attorney for Manhattan went “close to the edge” in public comments about indicted lawmaker Sheldon Silver, a federal judge said Friday.
However, U.S. District Judge Valerie Caproni denied a motion to dismiss the case against former speaker Silver, due to Preet Bharara’s conduct. Silver, a Democrat, is still a member of the New York State Assembly but gave up his longtime leadership post after he was indicted.
Capital Hill Blue, the Journal News, the New York Daily News, the New York Law Journal (sub. req.), the New York Observer and the New York Times (reg. req.) have stories about the judge’s ruling, which says there is no proof that Bharara’s remarks prejudiced the grand jury.
“In this case, the U.S. attorney, while castigating politicians in Albany for playing fast and loose with the ethical rules that govern their conduct, strayed so close to the edge of the rules governing his own conduct that defendant Sheldon Silver has a non-frivolous argument that he fell over the edge to the defendant’s prejudice,” wrote Caproni in her opinion.
She criticized the U.S. attorney for a “media blitz” in which generalized comments about claimed corruption in New York state politics could have been taken by the public as implying an opinion about Silver’s guilt or innocence: “Remarks that associate the accused with a long line of convicted criminals or a broader pattern or recognized wrongdoing … are of concern specifically because they tend to blur the distinction between legitimate public commentary and improper opinion.”
Silver, who is also a practicing attorney, is accused of misusing his government influence to obtain nearly $4 million in law firm payments, under the guise of legitimate legal work.
Related coverage:
ABAJournal.com: “Top lawmaker says US attorney created ‘media firestorm,’ asks federal judge to nix indictment”
ABAJournal.com: “After indicted lawmaker seeks dismissal, due to US attorney’s remarks, Bharara dials it down”
