Also, If it is an airline interview, many of the pilots that conduct interviews like to think they are not management. They like to think of themselves as one of the guys who is deciding who gets to join the club. In that mode they are not management lackeys in their own eyes. They might be from training, standards or chief pilots but from what I have witnessed, they conduct these wearing pilot hats (not literally ) for the most part. As pilots, they know everyone, even those that have not busted a ride, has bad check rides from time to time and failures are part of the business. If you focus on the ride, the legal action or the examiner they might linger there and it could get uncomfortable. If they sense you have moved on and it is not obviously chewing at you they too might move the discussion the way you want it. The bigger of a deal it seems to you the more it will draw their attention.

my 2c.

good luck