But it was not a tie....? From the article....
The memo also addressed one of the issues that Flynn supporters have raised in questioning his prosecution — that the FBI agents who interviewed him did not get the impression Flynn was lying.
The special counsel’s office conceded that the agents “had the impression at that time that the defendant was not lying or did not think he was lying.”
“Those misimpressions do not change the fact — as the defendant has admitted in sworn testimony to this district court — that he was indeed lying and knowingly made false statements to FBI agents in a national security investigation,” the special counsel’s filing said. “Those false statements were material, including by raising the question of why he was lying to the FBI, the Vice President, and others.”