As Silver’s Retrial Begins, Impact of SCOTUS ‘McDonnell’ Makes Early Debut | New York Law Journal

By Colby Hamilton

The U.S. Supreme Court’s decision in McDonnell v. United States narrowed the application of federal bribery statutes to those where a clear quid pro quo of something of value results in an official act taken by the elected official. The lack of clear language in Silver’s jury instructions to this effect during the last trial led the U.S. Court of Appeals for the Second Circuit to begrudgingly vacate the former assembly speaker’s conviction in July 2017.

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