Andrew McCabe - the FBI's former Deputy Director, advised then-national security adviser Michael Flynn that he wouldn't need a lawyer present during a January 24, 2017 White House interview with two FBI agents, according to the Washington Examiner, citing a sentencing memo filed Tuesday by Flynn's attorneys. During a phone call with Flynn, McCabe suggested that if anyone else was in the meeting, the FBI would have to escalate things to involve the Justice Department. 

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 the White House counsel for instance, that I would need to involve the Department of Justice. [Flynn] stated that this would not be necessary and agreed to meet with the agents without any additional participants." -Washington Examiner

One of the agents conducting the interview was disgraced counterintelligence agent Peter Strzok, whose text messages to his FBI mistress revealed that he harbored extreme animus towards President Trump - and ostensibly those in his orbit, which would include Flynn.  

According to the so-called "302 report" - a document FBI agents use to summarize interviews, the two agents were in Flynn's office within two hours of the phone call with McCabe, and said he was "relaxed and jocular," offering the agents "a little tour" of his section of the White House. 

"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," reads Flynn's memo. 

Also contained within the 302 report is an admission that 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."

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