Appeals court upholds conviction of ex-NYC councilman

NEW YORK (AP) - A New York City councilman’s bribery and fraud conviction and 10-year prison term was upheld Thursday by an appeals court that rejected various arguments, including that the First Amendment protects some bribes.

The 2nd U.S. Circuit Court of Appeals in Manhattan rejected claims by Daniel Halloran that there was insufficient evidence to convict the Queens Republican in 2014.

The appeals court also rejected Halloran’s claim that the Supreme Court’s 2010 ruling in the Citizens United case - which allowed unfettered independent spending by corporations and unions - blurred the distinction between protected speech and bribery.

“Citizens United invalidated a ban on independent expenditures by corporations and unions for certain types of political speech,” the appeals court said. “It did not hold that the First Amendment protects bribery.”

In a ruling written by Circuit Judge Gerard E. Lynch, the 2nd Circuit noted that the Supreme Court “explicitly discussed” the government’s interest in preventing the appearance that something was being given in return for something else.

Halloran, a council member from 2010 to 2013, was convicted based on evidence that he helped state Sen. Malcolm Smith, a Democrat, bribe GOP leaders for their approval to let him run for mayor as a Republican.

Smith did not run for mayor and lost his state Senate seat after his indictment. He was sentenced to seven years in prison after his conviction last year.

The 2nd Circuit said there was sufficient evidence at trial for jurors to conclude that Halloran was not telling the truth when he testified.

The decision also upheld his 10-year prison sentence, noting that federal sentencing guidelines called for a sentence ranging from 12 to 17 years.

“The relative length of Halloran’s sentence when compared with those imposed in certain other bribery cases is readily explained by aggravating factors such as Halloran’s extensive perjury at trial and the fact that he participated in two separate bribery schemes,” the appeals court said.

Just before trial, Halloran tried to raise an insanity defense, citing 2012 brain surgery to remove a benign tumor. A judge rejected it, noting a lack of supporting evidence.

Attorney Jonathan Edelstein said Halloran is considering his options.