In a move that ought to surprise no one, the White House today asserted executive privilege and denied Congressional requests that two former White House aides, former counsel Harriet Miers and former political director Sara Taylor testify before the House and Senate Judicary Committees, respectively, the Associated Press reports. In a letter to the Chairmen of the two commitees, White House Counsel Fred Fielding also indicated that the Bush Administration was refusing to provide a further written explanation for its invocation of the privilege, as requested by the Committee leaders. It appears likely that, unless either side dramatically alters its position, this particular privilege dispute will find its way into court and, in all likelihood, all the way up the ladder to the Supreme Court.

The federal judge presiding over the stock options backdating related criminal prosecution of former Brocade Communications CEO Gregory Reyes has ordered prosecutors to file a response to the defense team’s motion for acquittal by 8 am tomorrow morning. At a hearing on Friday, the Judge grilled prosecutors relentlessly about what evidence had been presented to support the mens rea element of the securities fraud charges against Reyes, The Recorder reports. The Recorder’s report would suggest that Mr. Reyes has a very strong chance of succeeding on his motion and completely blowing out the government’s case. How significant a blow to the Justice Department’s overall backdating prosecution efforts would remain to be seen, but this would not be a good first step for the prosecutors.

Does anyone have any info about where the case against Tom Delay stands? I seem to recall seeing recently that an appellare court upheld the dismissal of one count in the indictment, but truthfully I wasn’t paying very close attention as I’ve had a lot of other things going on. Anyone?

The UK Telegraph ran this interesting story reporting the results of studies conducted by psychologists at the University of Portsmouth. The study shows that children begin to engage in deceitful behavior as early as 6 months of age. Presumably Patrick Fitzgerald will be issuing indictments shortly.

My recent post criticizing Special Prosecutor Patrick Fitzgerald seems to have angered some, including one purported Yale Law School alumnus (whose comments have been deleted because they were left using what appears to have been a bogus email address). So I want to re-direct this Libby discussion. Its not about Bush, and its not about the war. Its about a perjury trap. Read more below the fold.

Here’s the problem. Fitzgerald was appointed to find out who leaked Plame’s name. Turns out it was Armitage, who told the FBI as much before Fitzgerald was appointed. But Fitzgerald hauled Libby, and others, before the grand jury supposedly investigating who leaked Plame’s name. Which he knew. The only possible reason for that was to see if they’d lie. Which apparently Libby did. But IT’S A PERJURY TRAP AND IS UNCONSTITUTIONAL. Fact is, prosecutors aren’t truth police. Substitute Clinton for Bush, Ickes for Libby and how did Clinton’s semen get on Monica’s dress for who leaked Plame’s name, and my guess is that our friend “Maddie” might see things a bit differently.  Here’s the deal, “Maddie,” whether the prosecutor has to respect your rights doesn’t depend on your party affiliation.

While not strictly “criminal law” related,” I post this because it is a significant Philadelphia story. For those who are Villanova graduates, as I am (Law, ’92), we are grieving this tragic, tragic death.  below the fold is today’s Philadelphia Inquirer story.

Howard Porter, one of the all-time greats of Villanova basketball, died Friday at 58 after being severely beaten and found in a Minneapolis alley last week, university officials disclosed today.

Mr. Porter resided in St. Paul, Minn., where he worked as a probation officer. He reportedly suffered brain damage in an assault. Police said no one had been arrested and they had no suspects.

“The entire Villanova family is saddened by the news of Howard’s death,” Wildcats coach Jay Wright said. “Howard provided so many Villanovans with thrills on the basketball court playing for Coach [Jack] Kraft. Since his playing days ended, he has been an outstanding role model for our current players and coaching staff.

“Howard was a kind, gentle, and humble man who loved his family and Villanova. We will all miss him.”

Mr. Porter’s basketball career and life were filled with peaks and valleys, including a run to the NCAA title game that was later vacated, a battle with drug addiction, and a remarkable recovery. But his ties to Villanova were always a point of pride to him, his friends said.

“I thought he very much relished it,” said Tom Ingelsby, a teammate of Mr. Porter’s. “He was a very proud graduate and was happy to be welcomed back in.”

In 1971, Mr. Porter, a 6-foot-8 forward, helped guide Villanova to the NCAA final at the Astrodome in Houston, where the Wildcats lost to UCLA, 68-62.

Mr. Porter fell out of grace for a time with Villanova, after it was discovered that he had dealt with an agent as a student. The NCAA vacated Villanova’s runner-up status and Mr. Porter’s award as most outstanding player in the Final Four.

From 1968 to ’71 at Villanova, Mr. Porter averaged 22.8 points and 14.8 rebounds per game. In the championship game, he played 40 minutes and collected 25 points and eight rebounds.

In 1997, the Wildcats retired his uniform number. His No. 54 jersey hangs from the rafters at the Pavilion.

“I watched him play and idolized him as a kid,” Wright said.

After a seven-year NBA career with the Chicago Bulls, New York Knicks and Detroit Pistons, Mr. Porter began abusing drugs.

The native of Sarasota, Fla., underwent rehabilitation in Minnesota in 1989 and fell in love with the area, deciding to make it his home.

“Teammates never had any problems with him at all,” Ingelsby said. “He was just a really great guy.”

Ingelsby expressed pride at the way Mr. Porter turned his life around.

“Every time I had seen him, he was in great shape,” Ingelsby said. “Everything in his life was positive. He was starting a new life with his wife. He was very enthused about the possibilities of his future.”

Wright was happy to welcome Mr. Porter back into the fold.

When Mr. Porter walked into the Pavilion in 2001 for a legends gala, 30 years after helping Villanova’s basketball team reach the championship game, Wright recalled Mr. Porter’s happiness and humility.

Wright was eager to introduce his players to Mr. Porter.

“They saw a big, handsome, classic guy in a derby hat and shirt and tie,” Wright recalled. “He was very humble, almost shy. It was really cool for guys to see. There was a kind of class about him. It shows the guys this is what you can become.”

In the early 1970s, Mr. Porter was the big man on campus.

“He was a player with tremendous talent,” said Rosa Gatti, a student at the time Mr. Porter played and later the Villanova sports information director. “It was an exciting era and a great achievement by the team.”

The details surrounding Mr. Porter’s death remain a mystery.

Mr. Porter was hospitalized after he was found unconscious in an alley without identification on the morning of May 19. Mr. Porter vanished about 9 p.m. the previous day after leaving his home in St. Paul.

His car was discovered May 20 and police asked the public for help in finding him.

The Minneapolis Star Tribune reported that Mr. Porter suffered a severe brain injury.

According to former teammates, Mr. Porter’s wife, Theresa, and family members were by his side at an undisclosed Minnesota hospital.

It remained unclear whether Mr. Porter’s death was linked to his job as a probation officer for Ramsey County, a position he had held since 1995.

Wright said Mr. Porter will not be forgotten at Villanova.

“He is a beloved figure here,” Wright said. “The way he had come back and been embraced, it’s increased his legend. This is tough.”

A few years ago, Mr. Porter attended a conference on sports and spirituality at Neumann College, where former Villanova teammate Ed Hastings now works.

“He had been through a lot,” Hastings said. “He really talked about how significant his faith was, especially when he was really down. He talked also about how significant his teammates were.

“The great thing for me is he just went through some hard stuff, but he just turned his life around. Part of it was his faith and part of it was his wife, Theresa. Another part of it was the work he was doing.”

Playing alongside Mr. Porter was a dream come true for Hastings.

“We were just in awe of him,” Hastings said. “He was just 6-8, but his shoulders were huge. He was a tremendous rebounder, a great shot blocker and a great shooter. He wouldn’t just tip a blocked shot. He’d put them 10 rows up.”

Facing UCLA did not give Mr. Porter the jitters. He was confident, as always, Hastings said.

“He was not intimidated by Sydney Wicks or Curtis Rowe or the UCLA mystique and John Wooden,” he said. “It didn’t bother him. He was awesome in every sense of that word.”

Funeral arrangements were pending. In lieu of flowers, memorial donations can be made in Mr. Porter’s name to Villanova’s V Club.

The Duke men’s lacrosse team today defeated previously unbeaten Cornell 12-11 in the NCAA tournament semifinals, earning a spot in Monday’s title game against Johns Hopkins. The top seeded Blue Devils are favored to win their first national title, and have already earned a large dose of redemption. Meanwhile, the jackbooted thug Mike Nifong, who sought to advance his career by prosecuting three innocent former teammates of the Duke team readies himself for a hearing on ethics charges arising out of his failed jihad against the Duke Three. If there is even a small measure of justice in the Universe, the Duke team will triumph on Monday, and Nifong will be disbarred.

The Associated Press this afternoon reported that Special Prosecutor Patrick Fitzgerald has asked federal district judge Reggie Walton to sentence Scooter Libby to 2 1/2 to 3 years on the obstruction of justice charges on which Libbly was convicted several months ago. 2 1/2 to 3 years for supposedly lying about something that wasn’t a crime, for which no one was charged, and for which Fitzgerald KNEW someone else (Richard Armitage) was responsible before anyone even asked Libby a single question, and before Libby ever appeared before a grand jury. The Libby case should never have been brought, and Patrick Fitzgerald should have folded up his tent and put his jack boots in the closet. Instead, he chose to call Libby before the grand jury repeatedly in what was a blatant perjury trap. Fitzgerald is a disgrace to the Justice Department and the legal profession.

I would like to extend my congratulations to the Duke Men’s Lacrosse team on their win over the hated North Carolina Tar Heels in the quarterfinals of the NCAA Tournament. The team now advances to this weekend’s Final Four where, I predict, they will claim the title that Mike Nifong and a cowardly Duke administration conspired to steal from them last year. Let’s go Duke!

The National Law Journal this week reported that prosecutors across the nation report that they are beginning to experience the adverse consequences of Mike Nifong’s baseless jihad against three Duke lacrosse players. The prosecutors claim that defense attorney’s are increasingly making the argument that the Duke lacrosse prosecution is proof that defendants are often wrongfully charged and prosecuted. Preumably the argument is meeting with some success, or the prosecutors wouldn’t be whining about it. The fact is that what happened to the Duke students happens more frequently than any of us would prefer to believe or admit. Its about time that the prosecutors began to reap the whirlwind from the abusive tactics that they so often employ.