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 While U.S. District Judge Valerie Caproni said she was "troubled"
by remarks Manhattan U.S. Attorney Preet Bharara made bundling
Silver's case together with a broader commentary on corruption and
transparency in New York politics, she declined to dismiss the
indictment.
"Nevertheless, the parties are cautioned that this case is to be
tried in the courtroom and not in the press," Caproni wrote.
Silver, 71, resigned as speaker after being first charged in January
but remains the assemblyman for Manhattan's Lower East Side. He has
pleaded not guilty to fraud and extortion charges.
His lawyers argued that an indictment unveiled in February should be
dismissed, saying Bharara had made improper and prejudicial
statements about Silver in a press conference the day he was
charged, a speech on public corruption the next day and an interview
later to MSNBC.
 The remarks troubled Caproni, who said Bharara, while castigating
Albany politicians violating ethical rules, "strayed so close to the
edge of the rules governing his own conduct" that Silver had a
non-frivolous argument for dismissal.
But Caproni said Silver's lawyers had failed to cite a single case
where a court had taken the "extreme step" of dismissing an
indictment because of publicity.
Silver's lawyers, Joel Cohen and Steven Molo, in a joint statement
said they were pleased Caproni took exception to Bharara's conduct
and "cautioned against future use of the tactics employed against
Mr. Silver."
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A spokeswoman for Bharara declined to comment.
Silver, a lawyer who became speaker in 1994, had long listed New
York personal injury firm Weitz & Luxenberg on his financial
disclosure forms as a source of income for representing its clients
in cases.
An indictment said Silver used that position to mask more than $3
million earned for referring asbestos sufferers to the firm from a
doctor whose research secretly received $500,000 in state funds at
Silver's direction, as well as other benefits.
Silver never disclosed the state funding he organized for the doctor
to Weitz & Luxenberg, the indictment said.
Prosecutors say Silver also received $700,000 in kickbacks by
steering real estate developers with business before the state
legislature to another law firm.
(Reporting by Nate Raymond in New York; Editing by Chris Reese and
Lisa Shumaker)
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