There was an American witness. Melania.https://twitter.com/joshtpm/status/1003689031199313922 …
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No. Unfortunately, if the privilege applies (and it may not), a defendant can assert it to prevent testimony from a spouse willing to testify. Part of our long history of men terrified by women's speech ("they're afraid we'll laugh at them") vs women fearing male violence.
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Incorrect. See Trammel v. US, "the witness spouse alone may choose to waive the privilege, regardless of the defendant spouse's objection."https://www.law.cornell.edu/wex/marital_privilege …
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Yup, parity is right!
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Oh wait. What if ICE has her to prevent her from talking to Mueller and that's why they called the cops on Senator Merkey in TX when he tried to visit the ICE detention center?
#sarcasm But I'll admit I'm curious about where she's been. - 1 more reply
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That's correct, if she wants to she can testify.
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It is her privilege (although some states also have something like a "marital communications" privilege that binds both spouses to the conversation).
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you’re mixing up two different things: she can unilaterally waive testimonial privilege to appear at all, but he can object to her revealing the contents of his confidential conversations with her. However, if the conversation included another person, then no privilege
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The Supreme Court held in Trammel v. U.S. that under the federal rules, spousal privilege lies with the testifying spouse alone https://www.oyez.org/cases/1979/78-5705 …
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