Allow me to educate you: The United States Court of Appeals for the Second Circuit had no choice but to overturn Silver's conviction given the United States Supreme Court's UNANIMOUS decision in McDonnell v. United States as to the definition of an "official act" under the federal anti-corruption law at issue. The District Court Judge, in Silver, charged the jury using the nearly identical definition of an "offical act" that the SCOTUS struck down the following year in McDonnell. This is not a case where the Court failed to know or follow the law; rather they followed the law exactly as interpreted by a unanimous Supreme Court.
Thanks. I looked up the case. Yes, if the prosecutor could not nail him for an actual official act, then he should be acquitted. “I didn’t do nothing” should be a legitimate defense to a charge if in fact, no one can show you actually did something substantively corrupt.