Malcolm Smith still doesn’t think he deserves jail time | NY Post

Malcolm Smith still doesn’t think he deserves jail time
By Lia Eustachewich
October 6, 2016

Ex-state Sen. Malcolm Smith is the latest crooked politician to appeal his conviction in light of a recent Supreme Court ruling tied to public-corruption cases.

Smith’s lawyer, Marc Fernich, argued in the Second Circuit Court of Appeals on Thursday that Smith shouldn’t have been convicted because he only set up meetings in exchange for kickbacks, which doesn’t constitute bribery under the Supreme Court’s ruling in ex-Virginia Gov. Bob McDonnell’s case.

“This was a key defense theme throughout the case, that all he did was set up meetings,” Fernich told the three-judge panel.

The country’s highest court recently overturned McDonnell’s conviction, ruling that what he was accused of did not constitute bribery.

The Second Circuit court did not rule in Smith’s case, nor in that of convicted ex-Queens Republican Vice-Chair Vincent Tabone, who also argued an appeal before the panel Thursday.

Tabone — who was tried with Smith for plotting to rig the 2013 mayoral election by getting Smith on the ticket — claims he didn’t have a “fiduciary duty” to his party that would’ve barred him from accepting bribes from Smith.

Smith is currently serving a seven-year sentence, while Tabone got 3 ¹/₂ years.

From my Samsung S6

About SquarePegDem

A former state legislator turned NY Post editorial board member, thought-leader, public affairs consultant and commentator, columnist and blogger. Michael has appeared on Al Jazeera America Tonight, NY1/Inside City Hall, LIVE, YNN/Capital Tonight, The Brian Lehrer Show, The Fred Dicker Show, The Capitol Press Room, and The Daily Show. His op-eds have appeared in the NY Post, City and State, The Legislative Gazette, Bronx Times, The Troy Record, Buffalo News, and the Rochester Democrat and Chronicle. To schedule speaking engagements, email FOMB08@GMAIL.COM.
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