For good reason, ordinarily courts are reluctant to admit statements of counsel as evidence in a criminal trial. Rulings in two recent high-profile local cases defy the common wisdom. In U.S. v. Menendez, No. 23-cr-490 (S.D.N.Y.), the prosecution of New Jersey Sen. Bob Menendez and others on bribery and related charges, the court admitted a PowerPoint presentation Menendez's counsel made to prosecutors prior to indictment as part of an attorney proffer. The government offered the presentation in support of obstruction charges included in a subsequent indictment against the senator. Not surprisingly, the government's aggressive step has gotten the attention of the defense bar. Although the government has indicated that it expects such uses of attorney proffers to be rare, as discussed below, its action is troubling and not unique. The government's step suggests precautions that defense counsel should consider in making attorney proffers.