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SCOTUS ruling could result in new trials for Skelos, Silver

scotus ruling could result in new trials for skelos silver

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5 replies to this topic

#1 P Martin

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Posted June 27 2016 - 10:06 AM

I hope this wasn't too good to be true.........




The U.S. Supreme Court on Monday overturned the corruption conviction of former Virginia Gov. Bob McDonnell in a ruling that could result in new trials in New York for former Assembly speaker Sheldon Silver and former Senate leader Dean Skelos.
McDonnell and his wife were showered with cash and gifts by a businessman who wanted state support for testing a new drug, but the court ruled that what McDonnell did in return — arranging meetings and attending events — did not qualify as “official acts” that exposed him to federal anti-corruption laws.
That unanimous decision by Chief Justice John Roberts was foreshadowed at oral arguments in April, when several justices complained that the government’s definition of “official acts” in bribery and honest services fraud cases was so broad and vague that it could criminalize politics and give too much power to federal prosecutors.
In anticipation of the ruling, both Silver, convicted of doing favors in return for legal fees, and Skelos, convicted of doing favors for businesses that helped his son, have remained free on bail since being sentenced to prison in May, because of the possibility the McDonnell case would give both a good chance on appeal.
At trials in Manhattan federal court last year, both men’s alleged “official acts” included a mixture of actual exercises of governmental power — like casting votes and supporting legislation — and more subtle behavior, like arranging meetings or providing job references.
Defense lawyers for both men have argued that it is impossible to know which actions their juries relied on in returning convictions, so that if any of the possibilities were precluded by the McDonnell outcome a new trial would be necessary.
In both cases, the government agreed to a timetable for filing briefs with U.S. District Judge Valerie Caproni in Silver’s case and U.S. District Judge Kimba Wood in Skelos’ case once the McDonnell ruling was delivered.
Silver was sentenced to 12 years in prison, and Skelos was sentenced to 5 years. Skelos’ son Adam, convicted with him and sentenced to 6-1/2 years, has also remained free on bail because of the McDonnell case.

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#2 CtOldCorps

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Posted June 27 2016 - 11:12 AM

:huh:

Sooooo.. basically it's legal to bribe politicians now.

Am I misunderstanding things?
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#3 dougfxdl

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Posted June 27 2016 - 01:42 PM

Tar and feathers, or a tall oak & stout rope? It's about time for one or the other.
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#4 moskojo

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Posted June 27 2016 - 01:59 PM

Silver and Skelos di a lot more than arrange meetings and attend events. I think their convictions will hold.
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#5 Mad Russian

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Posted June 27 2016 - 03:34 PM

:huh:

Sooooo.. basically it's legal to bribe politicians now.

Am I misunderstanding things?

The SC opened Pandora's Box...
  • CtOldCorps and 38 sup like this

#6 Phoenix69

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Posted June 27 2016 - 03:50 PM

Every case is different. Don't be so quick to think Silver and Skelos will get new trials.





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