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Postponement in Senator Libous' Request to Dismiss Charge Against Him

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Friday was the day a judge was expected to rule on whether or not to dismiss the charge against Senator Tom Libous. But his attorney is currently involved in another case and the meeting has been rescheduled for February 3rd.

The Senator is accused of providing a false statement to an FBI agent during an interview in Albany which is in the northern district of New York. However, the Senator's defense team says the case should be dismissed since its being heard in the southern district. They also say the government is trying to lump numerous instances of alleged criminal conduct into a single account , which could lead to a violation of Libous' right to a unanimous verdict.

In a memorandum to the court the prosecution says the one count charged in the indictment is not duplicitious as Libous's seven false statements to the FBI, all made in one interview session were properly charged together in that count.

The government also argued the venue is proper because Libous's statement could have influenced the White Plains offices of the FBI and IRS, both which were assisting a grand jury investigating allegations Libous obtained a job for his son at a Westchester law firm in exchange for a promise to steer future work to the firm. Also, that Libous had caused an Albany lobbying firm to pay 50 thousand dollars annually to the law firm to defray the cost of a salary and range rover for his son.