Judge Chastises U.S. Attorney, But Silver Case Moving Forward

A Federal judge has denied a defense motion to dismiss the indictment against former Assembly Speaker Sheldon Silver who’s facing corruption charges.

Silver's attorneys argued that the charges should be dismissed because U.S. Attorney Preet Bharara may have prejudiced the grand jury. In her decision Friday, U.S. District Judge Valerie Caproni said they had a point.

“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,” she wrote in her opinion.

But she upheld the charges, finding that there was no evidence Bharara's outspoken attacks on Silver substantially influenced the Grand Jury's decision to indict. She warned both sides not to try the case in the press.

Bharara's office declined comment.

Silver's attorneys released the following statement: “We recognize the high bar to dismissal, but are pleased that the Court took exception to the conduct of the United States Attorney and cautioned against future use of the tactics employed against Mr. Silver. We look forward to continuing our attack on the merits of the case and our client's ultimate vindication.”