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Defendant is charged in federal court with mail fraud. Defendant's spouse, Taylor, is called by the government. Defendant and Taylor are still legally married, though separated.
The government asks Taylor about four matters. First, Taylor saw Defendant load boxes of fake invoices into a car. Second, during the marriage and while they were alone at home, Defendant told Taylor, "I mailed the fake invoices before the auditors arrived." Third, Defendant made the same statement to Taylor while their adult neighbor was sitting at the kitchen table. Fourth, Taylor found a note Defendant wrote to a business partner instructing the partner to hide records. Taylor does not want to testify at all, but if ordered to testify, Taylor is willing to describe the private confession.
How should the court analyze spousal privileges? Discuss adverse spousal testimony, confidential marital communications, observations, third-party presence, and who may assert each privilege.