Now that a federal judge has ruled that Dean and Adam Skelos can spend their appeal for bribery convictions as free men, Sheldon Silver's lawyers are asking for the same treatment.
SIlver's lawyers asked U.S. District Court Judge Valerie Caproni for "equal treatment" after the Skelos decision this week, according to the New York Post. Silver's attempt to get out on bail, and his appeal, hinge on the same argument that the Skeloses made, which was that jury instructions defining public corruption were misleading in light of McDonnell v. United States redefining the crime. In Silver's case, an appeal would hinge on convincing a judge that asking a real estate firm with business before the state to give a law firm tax work so that the law firm would then pay him money, and steering cases towards a law firm that paid him referral fees in exchange for state funding for a researcher were things that Silver would do for any constituent.
Prosecutors, unsurprisingly think Silver should still have to start his sentence at the end of August. The Daily News reports they sent Caproni a letter arguing that their jury instructions were fine even in light of the Supreme Court case and that even if they messed up a little bit with the instructions, it "was harmless in view of the overwhelming and undisputed proof" they showed of Silver's corruption.