What is the adverse testimony spousal privilege in the context of contempt for an abuse of abuse of power?

MultiRegion, United States of America

The following excerpt is from Grand Jury Proceedings, In re, 19 F.3d 27 (9th Cir. 1994):

We review the district court's adjudication of civil contempt for an abuse of discretion. United States v. Grant, 852 F.2d 1203, 1204-1205 (9th Cir.1988).

The adverse testimony spousal privilege differs from the confidential marital communication privilege in that the latter protects specific information privately disclosed in the confidence of a marital relationship while the former is a broader privilege that seeks to prohibit the government from compelling one spouse to testify against the other regarding criminal acts and communications made in the presence of a third person. Trammel v. United States, 445 U.S. 40, 51-53 (1980). We have previously held that the marital communication privilege does not apply when both spouses are involved in the criminal activity. United States v. Marashi, 913 F.2d 724, 731 (9th Cir.1990). In determining whether a testimonial privilege may be overcome by a grant of immunity, the question is whether the immunity granted is coextensive with the privilege asserted by the testifying witness. Kastigar v. United States, 406 U.S. 441, 449 (1972) (finding use immunity, granted pursuant to 18 U.S.C. Sec. 6002, sufficient to overcome privilege against self-incrimination). "While a grant of immunity must afford protection commensurate with that afforded by the privilege, it need not be broader." Id. at 453.

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