One of the most prominent conservative justices of today's U.S. Supreme Court had some thoughts nearly 40 years ago while working as a lawyer inside the DOJ — thoughts that former FBI Director James Comey is citing in the hopes that it will show his President Donald Trump-approved criminal prosecution is a legal "nullity" that should be promptly dismissed.

In the lead-up to Comey's expected motions to dismiss the false statement and obstruction case, Law&Crime noted that National Review's Ed Whelan — a former clerk to Antonin Scalia and former DOJ Office of Legal Counsel (OLC) principal deputy assistant attorney general — penned one of the first legal critiques of the charges, focusing on the appointment of Lindsey Halligan.

Halligan, a former Florida insurance lawyer who also served as

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