General Flynn’s case differs from that of Alexander Van der Zwaan, who pled guilty to lying to the Special Counsel and failing to produce requested documents. Unlike General Flynn, Mr. Van der Zwaan is a trained attorney who was represented by counsel during the interview; he was interviewed at a time when there was a publicly disclosed, full-bore investigation regarding Russian interference in the 2016 election; and he was given a warning that it is a federal crime to lie during the interview.

General Flynn’s case also differs from that of George Papadopoulos, who pled guilty to making false statements regarding his communications with Russians and Russian intermediaries. Mr. Papadopoulos was specifically notified of the seriousness of the investigation, and “was told that he may have important information to provide.” He was warned that lying to investigators was a “federal offense” that could get him “in trouble.” Mr. Papadopoulos’s interview was “not a hurried” encounter, and he had time to reflect on his answers as he traveled from his home to the FBI office in Chicago to continue the interview.

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The agents did not provide General Flynn with a warning of the penalties for making a false statement under 18 U.S.C. § 1001 before, during, or after the interview. Prior to the FBI’s interview of General Flynn, [then-Deputy Director Andrew] 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,” one of the agents reported.