Sheldon Silver Is A Criminal, So How About Joe Biden?
/It was back in July 2017 that we last visited the subject of the federal criminal prosecution for corruption against former New York State Assembly Speaker Sheldon Silver. The occasion was the reversal at that time by the Second Circuit Court of Appeals of Silver’s conviction on all seven of the counts on which he had been found guilty.
Did that mean that Shelly was off the hook? Not so fast. The prosecutors elected to re-try Silver on all seven counts, subject to more restrictive jury instructions. In May 2018 Silver was again convicted on all seven counts. His appeal of the new conviction reached decision in the Second Circuit last Tuesday, January 21. This time, the court again vacated the conviction as to three of the counts, but affirmed on the other four. Here is a link to the Second Circuit’s January 21 Opinion.
This Opinion represents another step in the ongoing struggle of the courts to define criminal public corruption in a way that makes it possible to distinguish the criminal from the non-criminal politicians. That task turns out to be harder than you might expect.
This Opinion gives us the occasion to reflect once again, not only on the inherent corruption of the entire political sphere, but also on the question of where the conduct of Joe and Hunter Biden might come out under the most recently announced legal test. . . .