Question about Spousal Privilege Re: Mateen's wife

[aikoaiko]

I thought spouse's could not be compelled to testify against their spouses even if the communication involved illegal behavior. And I thought this extended to reporting criminal behavior. Looks like I was wrong.

Sources: Grand jury to investigate Orlando shooter's widow

(CNN)Federal investigators digging for clues in the Orlando nightclub massacre are zeroing in on Noor Salman, the widow of gunman Omar Mateen.

What did Salman know of his plans and what might she have done to stop him? Authorities have been trying to pin her down after she apparently gave conflicting statements about what she knew of his intentions in the hours before the attack.

A U.S. attorney plans to bring evidence before a federal grand jury to determine whether charges will be brought, according to two law enforcement officials.

[anoNY42]

1. The lawyer's answer is always "it depends", right?

In this instance, since Omar is dead, there is no "spousal privilege", which is really just an option not to testify against your spouse at trial. The wife might not be able to be prosecuted merely for her knowledge of the crime prior to its occurrence, but they will likely get her on conspiracy and aiding and abetting, since she helped him scout the location of the crime.

Also, the feds have a statute, and I bet terrorism is covered: https://www.law.cornell.edu/uscode/text/18/4

[aikoaiko]

2. Thank you. I'm surprised spousal priv ends with death.

I didn't think patient Doctor priv or confessional priv ended at death but I can see how those are different.

[rug]

3. In her case, her Fifth Amendment right to remain silent is more pertinent to her.

Although the last thing I read is that no charges are contemplated against her, I don't believe that for a second.

[Lee-Lee]

4. In this case it looks like she is a co-conspirator if not an accomplice

So her Fifth Amemdment rights are more applicable since she stands a good chance of facing charges.

Conspiracy charges are a web that you can easily get caught in if you are aware of a criminal plot and don't act to stop it.

[aikoaiko]

5. I can see the co-conspirator - 5th amendment being better.

Originally, it sounded as if she knew of the attack because he told her and I wondered why spousal privilege didn't protect her from having to call the police. It didn't make send to me that she couldn't be compelled to say what he said in court, but could be compelled to report what he said to police before the action.