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by harshreality 4852 days ago
She says she was ill (from the car accident) while she was debating whether to accept the proffer, so she probably wasn't thinking completely clearly, perhaps overly affected by Aaron's paranoia. His paranoia was justified. Hers wasn't. They could scream at her lawyers, subpoena her laptop, subpoena her to testify before a grand jury... all of which they did anyway.

At least a few seasoned federal criminal defense attorneys suggest never accepting a proffer unless you're at serious risk of being prosecuted, which she wasn't.[1]

Suppose she didn't accept the proffer offer. Her laptop data still gets subpoenaed. She's still subpoenaed to testify before the grand jury. She takes the stand and takes the fifth. Either Steve doesn't give her immunity and she doesn't testify, or Steve gives her immunity blind (without having the opportunity to know what she's going to say first), in which case she's in exactly the same situation she ended up in.

Her lawyers probably decided that getting her to cooperate and accept the proffer might keep Steve from yelling at them so much, and it didn't violate their duty to her, since cooperating or not didn't affect her so much as it affected Aaron, so they advised her to cooperate. Since she wasn't a suspect and Steve was being hostile anyway, her laywers could have told her to do just about anything short of perjuring herself or disobeying subpoenas, and they would have adequately served their duty to their client; the outcome for her would probably have been similar, too: after the grand jury appearance, she never heard from Steve again.

[1] http://www.wisenberglaw.com/Articles/Queen-For-A-Day-The-Dan...