Last week’s ruling by the U.S. Second Circuit Court of Appeals throwing out the conviction of former New York State Assembly speaker Sheldon Silver was most welcome. For years The Jewish Press has reported on his many and unequalled legislative accomplishments that revolutionized the American concept of religious freedom and the way Jews could go about their everyday lives and remain true to their faith.
It would do well to remember that the prosecution of Mr. Silver followed innumerable public declarations by then-U.S. Attorney Preet Bharara of his dissatisfaction with the “three men in a room” Albany decision-making process and his denunciations of Mr. Silver as the personification of all he said was wrong with Albany.
Indeed, the presiding judge in the Silver trial admonished Mr. Bharara for his verbal excesses. And the prosecution and conviction followed months of unprecedented, incessant demonization of Mr. Silver by the tabloid media.
In the end, the appellate court ultimately based its ruling on Mr. Bharara’s having criminalized what was not criminal and the judge doing the same in her instructions to the jury.
We would hope this is the end of Mr. Silver’s ordeal. We know Mr. Bharara’s temporary successor has said there will be another trial. But upon reflection, things can change.