Plus their motion contradicts a DOJ brief filed in another court just three days before!
Key fact: Trump told Flynn (via Priebus) to "kill the story." Flynn followed that directive by getting McFarland to lie to media (@IgnatiusPost) and to others about content of Russia phone calls
"Comey's...belief that he alone understood the best interests of the Department...his willingness to repeatedly disregard important and longstanding DOJ norms and the chain of command, bordering on insubordination."
Likely did not think he'd lie. Decided before interview "they would not confront him" if Flynn denied calls' substance (Strzok 302 report)