The Swift and Sudden Decline of Sheldon Silver

After two decades as speaker of the New York State Assembly, Sheldon Silver tumbled from being one of the most powerful men in the state to just another rank-and-file assemblyman in less than two weeks.

On Thursday, Jan. 22, a day after he sat next to Gov. Andrew Cuomo during the State of the State address, Silver was hit with corruption charges by U.S. Attorney for the Southern District Preet Bharara. The five-count criminal complaint alleges that Silver pocketed millions in kickbacks since 2000 in the real estate and healthcare industries in return for favorable treatment in Albany.

“There is probable cause to believe that SILVER obtained approximately $4 million in payments characterized as attorney referral fees solely through the corrupt use of his official position,” federal prosecutors wrote in the complaint.

The Assembly Democratic Conference’s initial response to the news was to declare their continuing support for Silver to remain as speaker, emphasizing that people deserve the presumption of innocence until proven guilty—not just in the courtroom, but in the Assembly chamber as well.

“I’m continuing to support the speaker and I will say that the members overwhelmingly in the conversation that we just had are continuing their support and there is a strong feeling, as I think we all should reflect on, that there is a presumption of innocence and we have every confidence that the speaker will continue his role with distinction,” Assembly Majority Leader Joe Morelle, the conference’s No. 2, said the day of Silver’s arrest.

However, as the severity of the charges became clearer, support in the Assembly began to wane. Legal experts told City & State that the case against Silver was strong, given the framework underlying the charges, the detailed documentation of his alleged corruption schemes and the substantial number of cooperating witnesses.

“Obviously it’s just a complaint, you haven’t heard his side and he’s presumed innocent,” Gerald Lefcourt, a criminal defense attorney, said of Silver. “On the other hand, if all this is true, it’s a pretty devastating series of accusations. A lot of these are 20- year counts. Not that he would receive 20 years for this, but the potential penalties are very significant. And he’s in such a position of power.”

After Silver’s arrest, support began to erode over the weekend as members grew more uncertain about his ability to remain in power. Silver’s spokesman, Michael Whyland, told reporters Sunday night that Silver would delegate his duties on a temporary basis to five veteran Assembly members, all of them allies, a move that was almost immediately rejected by the majority of the Democratic conference. Gov. Andrew Cuomo also criticized the proposal.

By Monday morning, the Silver’s grip on power was rapidly deteriorating. Several Assembly Democrats publicly called for his resignation, most notably the influential Assemblyman Keith Wright, long considered as a potential successor to Silver. Later that day Assembly Democrats conferenced for about six hours to determine the speaker’s fate. At the end of the conference, representatives were dispatched to Silver to deliver the message that a majority wanted him to step down—albeit with some supporting the option that if he were acquitted of his charges, he could return to his post.

“I think it has been conveyed to him that the members of the conference believe the appropriate thing to do is for him to resign his speakership,” Assemblyman Brian Kavanagh said Monday night. “Many of us feel that if the speaker does not make that decision [to resign] he should understand that he has lost the confidence of the majority of our conference.”

Initially, it remained murky how the Silver’s final act would play out. Late on Monday, he defiantly said that he was still speaker and would be “standing for a long time.” A day later, he all but conceded defeat, saying he would not “hinder” the transition. However, it was unclear whether he would voluntarily resign on Monday, Feb. 2, the date set for him to step aside, or if the Assembly Democratic Conference would have to oust him from the leadership.

Following the Assembly Democrats’ decision to abandon Silver, an election to replace him was initially scheduled for Feb. 10. Until that date, house rules dictated that Morelle, the conference’s second in command, would become acting speaker.

On Wednesday, Wright announced his candidacy for speaker, followed by his Assembly colleagues Catherine Nolan, Carl Heastie, Joseph Lentol and Morelle. But less than 12 hours after getting into the race, Wright was the first candidate to drop out. On Jan. 28, sources told City & State that Mayor Bill de Blasio was supporting Heastie of the Bronx behind the scenes and Gov. Andrew Cuomo was actively pushing for Morelle, leaving Wright with no room to gain traction. Lentol exited the next day and Morelle dropped out the day after, leaving Heastie—the heavy favorite—and Nolan, the only female candidate.

Silver held a notoriously tight rein over the rank and file, and his looming resignation prompted roughly two dozen Assembly Democrats to push for reforms that would prevent a new speaker from gaining the absolute control Silver once enjoyed. The “reform caucus” sought to change the strict seniority rules, term limits for speaker and committee chairs and revising how bills get to the floor, among other things.

“This is a once in a lifetime—at least for us new members, 42 percent of the body is relatively new—this is an opportunity for us to reflect change,” Assemblyman Luis Sepúlveda said. “No one person should have this much power.”

When Monday rolled around, Silver voluntarily handed in his letter of resignation as speaker. Nolan, Heastie’s last rival, dropped out. With only one candidate remaining, the vote for speaker was moved up to Feb. 3, when the chamber voted unanimously to elect Heastie, making him the first black Assembly speaker in state history.

“I am truly honored and humbled to have earned the support to be elected as new speaker of the New York State Assembly,” Heastie said after he was elected. “We gather here today during a turbulent time for this institution. The resignation of the previous leader has brought about change in the leadership of this house. This change in leadership will bring about much needed reform.”

Silver watched the vote from his new seat on the Assembly floor. He then left the chamber quickly and quietly as reporters followed him shouting out questions.