I just realized that I never posted this here. It is on AO3. It takes place after 4x14. AU from there obviously.

Harvey pounds on her door so hard that the creepy neighbor down the hall opens his front door for the sole purpose of shooting Harvey a glare. The kid would drive his point home better, Harvey thinks, if he didn't look like his eyes had been pried open with tape as he pulled an all-nighter. Besides, the creepy kid in 210 would forgive Harvey for the noise if he knew the urgency behind it. Harvey's sure of it.

Her name is nearly jumping off of his tongue when the door is opened beneath his open palm and he's left with nothing to pound against. Donna is glaring at him for the noise, but she reaches out, grabs him by the lapels, and tugs him inside. She closes the door behind him. He gets a look at her finally, noting that she doesn't look like she's slept for a second since he last saw her.

"Harvey, what are you doing here at four in the morning?"

He follows her into her living room, lingering in the doorway of the kitchen when she enters it. She flips the light on and he gets a look at her from behind. She isn't wearing any shoes, a cream colored, silk robe hanging off of her shoulders and stopping just above the back of her knees. Her legs are bare and he wonders if she's wearing shorts beneath that thing.

He swallows the thick film of saliva that's gathered in his throat; he says, "We need to talk."

"Right now?"

He gives her a small nod. "It can't wait."

He pushes his sweaty palms down his jean covered thighs to try and dry them but it doesn't help much. It's so cold outside and he's sweating under her gaze, sweating because they both know he's there to tell her the truth they've all been refusing to believe. They both know what the truth is here but they've refused to say it out loud.

"Well?" She challenges, "Out with it."

"Donna," he replies, head tilting ever so slightly as his gaze softens. He balls his fists at his sides and she stops looking at him, begins digging through cabinets above for something. He takes a haphazard step into the lighted kitchen to get her full attention. "This is serious."

She fumbles with the mug in her hand and it falls to the floor, shattering at her bare feet. She angles her body towards his then. She says, "I know it's serious, Harvey. I know. I don't need you to keep telling me that it's so fucking serious."

"Whoa, hey, no, stop," he replies, reaching for her wrists to steady her. His thumb sweeps over the bones in her wrist and her eyes drop to where he's touching her. The expression on her face makes him feel like he's burning her skin beneath his touch. "I just…I can't get you out of this. You're going to go to prison, Donna, and I can't have that. I can't be without you for any length of time if I'm going to be okay."

"Aren't you mad at me?" She asks.

They've been dealing with this for 3 months and he doesn't have the energy to be mad at her anymore, not when the fact that she's going to prison is staring him in the face, taunting him with all of their transgressions. He thinks that she can't keep being their savior, can't keep taking the fall when they've all done wrong. He can't crucify her – let he who is without sin cast the first stone.

"I'm more scared that I'm going to lose you," he admits.

"Harvey," she starts, the glass still in crumbles around her feet, forgotten until this moment, "I've already decided that if the ruling does go in our favor then I'm quitting. I keep doing things for you that I know I shouldn't do. For whatever reason, my feelings get in the way."

"Donna," he replies sternly, "The ruling isn't going to go in our favor."

"I know," she says, lifting her gaze to him.

He can see the tears in her eyes. He hates it. He stares at her then, long and hard, taking in her appearance, noting her disheveled look and the way she's surrounded by a blue ceramic mug that will cut her with one wrong move. He swallows and takes her hand in his.

"Donna, we don't have a choice," he says, "You have to get some things together."

"What are you saying?"

"I'm saying that you've committed fraud, we've all committed fraud, and I can't let you be the only person to take the fall for this. You and me, we're going to get in the car and we're going to go. We're going to be long gone before we're supposed to be in court for the ruling and no one will know where to look for us," he answers. He tugs her forward, wrapping his arm around her waist and lifting her to clear her of the broken mug. Once her feet are on the ground on the other side of him closer to the living room, he lets go of her. "You have to pack a bag, some bags, I don't care, get all of your valuables, get your clothes, your shoes, your pictures, your computer, whatever you want, so we can go."

"That's breaking the law," she replies.

He laughs gently, unnoticeably at her statement, and he steps around her as he retraces the memory of her apartment. His urgency places her hot on his heels, and he can hear her behind him as she follows him in the direction of her bedroom. He only turns slightly to glance at her.

He says, "You're not getting it. I can't let you go to prison and I can't keep you from it so this is the only thing I know to do."

"I can't let you go to jail for me," she says.

"Donna," he replies firmly, turning in the doorway of her bedroom. She collides with his chest and he swallows a breath of air, desperate to keep from having the breath knocked out of him. He expels a breath to steady himself. He says, "I'm not losing you."

He bends at his knees to make them eye level as she is much shorter than he is without any shoes on. He pointedly looks her in the eye, not giving her enough wiggle room to continue to protest him any longer. She nods slowly and he offers her a smile.

"Where are your bags?" He asks. She points to her closet and he turns to get her bags down and start packing for her. "You get dressed. I'll start packing."

"Harvey-"

"Go. Now."