While the Times was not specific about what Giuliani’s voluntary interview means, such proffer sessions are almost always the final step toward a plea deal.
Indeed, they almost always represent the near culmination of an ongoing process that begins with a target’s decision that he or she does not believe they can win at trial and therefore must make a deal. Counsel for the target must then determine the significance of the information the client can provide. The more powerful the testimony, the more favorable the potential deal.
Once counsel concludes the client has something valuable to offer prosecutors and that the client can be an effective witness, the next step can be taken. Counsel contacts the prosecutors and arranges an “attorney’s proffer,” in which the lawyer, without the client, meets prosecutors to outline the general contours of what the client can provide.
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