FBI recommended @GenFlynn not have lawyer present during interview, did not warn of false statement consequences washex.am/2SFYpPB
Former FBI Deputy Director Andrew McCabe, who arranged the interview with Flynn on Jan. 24, 2017 — the interview that ultimately led to his guilty plea on 1 count of making false statements — suggested Flynn not have a lawyer present at the session.
In addition, FBI officials, along with the two agents who interviewed Flynn, decided specifically not to warn him that there would be penalties for making false statements because the agents wanted to ensure that Flynn was "relaxed" during the session.
The new information, drawn from McCabe's account of events plus the FBI agents' writeup of the interview — the so-called 302 report — is contained in a sentencing memo filed Tuesday by Flynn's defense team.
Citing McCabe's account, the sentencing memo says that shortly after noon on Jan. 24 — the fourth day of the new Trump administration — McCabe called Flynn on a secure phone in Flynn's West Wing office.
The two men discussed business briefly and then McCabe said that he "felt that we needed to have two of our agents sit down" with Flynn to discuss Flynn's talks with Russian officials during the presidential transition.
McCabe, by his own account, urged Flynn to talk to the agents alone, without a lawyer present. "I explained that I thought the quickest way to get this done was to have a conversation between [Flynn] and the agents only," McCabe wrote.
"I further stated that if LTG Flynn wished to include anyone else in the meeting, like WH counsel for instance, that I would need to involve the DOJ. [Flynn] stated that this would not be necessary and agreed to meet with the agents without any additional participants."
Within two hours, the agents were in Flynn's office. According to the 302 report quoted in the Flynn sentencing document, the agents said Flynn was "relaxed and jocular" and offered the agents "a little tour" of his part of the White House.
"Before the interview, FBI officials had also decided that if 'Flynn said he did not remember something they knew he said, they would use the exact words Flynn used ... to try to refresh his recollection.”
”If Flynn still would not confirm what he said ... they would not confront him or talk him through it,'" the Flynn memo says, citing the FBI 302.
"One of the agents reported that Gen. Flynn was 'unguarded' during the interview and 'clearly saw the FBI agents as allies,'" the Flynn memo says, again citing the 302.
The message of the sentencing memo is clear: Flynn, his lawyers suggest, was surprised, rushed, not warned of the context or seriousness of the questioning, and discouraged from having a lawyer present.
In one striking detail, footnotes in the Flynn memo say the 302 report cited was dated Aug. 22, 2017 — nearly seven months after the Flynn interview. It is not clear why the report would be written so long after the interview itself.
