Martha Stewart — who was unjustly prosecuted and convicted for allegedly misleading the government about an supposed crime that the government could not prove — finishes the home confinement component of her sentence next week. Ellen Podgor (she of “Busted for Yoga” fame) wonders in this post which of the following will be the legacy of the Stewart case:

1. Tell the truth to the government when questioned.

OR

2. Don’t talk to the government when they seek information.

Given recent developments in other cases, the following alternative might also be added:

3. Waive the attorney-client privilege, offer up others as sacrificial lambs for the government to prosecute, and enter into a deferred prosecution agreement with the government to avoid criminal charges.