The former national security adviser's legal team filed an explosive motion Thursday, alleging that FBI agents manipulated records of Flynn's 2017 interview.

This comes as U.S. Attorney John Durham's ongoing probe into potential FBI and Justice Department misconduct in the run-up to the 2016 presidential election has transitioned into a full-fledged criminal investigation.

Appearing on "Fox & Friends: Weekend," Tolman told host Ed Henry that what's interesting about Flynn's conviction is that the government "has to prove that it was knowingly and willfully a misrepresentation by Flynn."

"So, now what you have are allegations that may suggest this couldn't have been knowingly and it couldn't have been willfully if it was staged or if there was manipulation," Tolman said.

"How was it willful if he thinks he's having a conversation that is not an interview with a federal agency?" he asked.