Wednesday, December 12, 2018

FBI recommended Michael Flynn not have lawyer present during interview, did not warn of false statement consequences

Former FBI Deputy Director Andrew McCabe, who arranged the bureau's interview with then-national security adviser Michael Flynn at the White House on Jan. 24, 2017 - the interview that ultimately led to Flynn's guilty plea on one count of making false statements - suggested Flynn not have a lawyer present at the session, according to newly-filed court documents.

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 agents did not provide Gen. Flynn with a warning of the penalties for making a false statement under 18 U.S.C. 1001 before, during, or after the interview," the Flynn memo says.

According to the 302, before the interview, McCabe and other FBI officials "Decided the agents would not warn Flynn that it was a crime to lie during an FBI interview because they wanted Flynn to be relaxed, and they were concerned that giving the warnings might adversely affect the rapport."

"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.

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.

https://www.washingtonexaminer.com/news/memo-fbi-recommended-michael-flynn-not-have-lawyer-present-during-interview-did-not-warn-of-false-statement-consequences?platform=hootsuite

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