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Ivanka Trump must testify in civil fraud trial, judge says. Spousal testimonial privilege not applicable.
By Curt_Anderson
October 27, 2023 5:05 pm
Category: Law

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The spousal testimonial privilege precludes one spouse from testifying against the other spouse in criminal or related proceedings, however it is not applicable in this case.

NEW YORK (AP) ó Donald Trump is set to testify Nov. 6 at his New York civil fraud trial, following his three eldest children to the witness stand in a case that threatens to disrupt their familyís real estate empire, state lawyers said Friday.

It was already expected that the former president and sons Donald Jr. and Eric would testify. The timing became clear Friday, after Judge Arthur Engoron ruled that daughter Ivanka Trump also must appear, rejecting her bid to avoid testifying.


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Comments on "Ivanka Trump must testify in civil fraud trial, judge says. Spousal testimonial privilege not applicable.":

  1. by oldedude on October 30, 2023 8:43 pm
    You never posted the "why" in this case. I found the exceptions to be rare. So you need to cite the law that says this is different. Otherwise you're just throwing disinformation around.


  2. by Ponderer on October 31, 2023 6:16 am

    olde dude, you're demanding that Curt needs to post why a daughter is not the same thing as a spouse...?


    😲


  3. by Curt_Anderson on October 31, 2023 11:42 am
    Ponderer,
    I wondered about ODís question too. I chuckled too. Maybe he thinks that Trump deserves extra cspecial treatment and an expansion of the spousal privilege.


  4. by Ponderer on October 31, 2023 5:18 pm

    He and Hate both do, Curt.


  5. by oldedude on October 31, 2023 8:24 pm
    You never posted the "why" in this case. I found the exceptions to be rare. So you need to cite the law that says this is different. Otherwise you're just throwing disinformation around.

    jjpo- olde dude, you're demanding that Curt needs to post why a daughter is not the same thing as a spouse...?

    Not unless it's pedojoe BIDEN. He's the one that showers with his daughter. And they may be technically "wed" if they have a child together. Of course, if you're worried about the 12 year olds Epstein was "showering" with and you're involved, that may be a question also.

    Since you two obviously can't answer this fucking question (meaning you don't understand the question. Maybe too stupid to understand "why" Ivanka is being forced to testify is beyond your reach.

    Cornell Law School
    spousal privilege
    Spousal privilege, also known as marital privilege and husband-wife privilege, includes two types of privileges: the spousal communications privilege and the spousal testimonial privilege.

    The spousal communications privilege applies in civil and criminal cases. It shields communications made in confidence during a valid marriage. The purpose of the privilege is to provide assurance that all private statements between spouses will be free from public exposure. In order to invoke a spousal communications privilege, the party must establish that (a) at the time of the communication, the spouses were in a valid marriage; (b) the communications were intended to convey information between spouses, and neither spouse has disclosed the communication to a third party; and (c) the communications were intended to be confidential. The spousal communications privilege generally survives the end of a marriage, but communications made after the marriage ends are not protected. This privilege does not apply if the spouses are suing each other in a civil case or one of the spouses initiates a criminal proceeding against the other.

    The spousal testimonial privilege precludes one spouse from testifying against the other spouse in criminal or related proceedings. Either spouse can invoke the privilege to prevent the testimony. This privilege does not survive the dissolution of the marital relationship or if the spouses are suing each other in a civil case, or if one of the spouses initiates a criminal proceeding against the other spousal, spousal testimonial privilege does not apply.




  6. by Curt_Anderson on October 31, 2023 8:40 pm
    "And they may be technically "wed" if they have a child together." ---OD

    OD makes a good case for Trump getting the advantage of spousal privilege. Couples don't need to have children together to be considered "married".








  7. by oldedude on October 31, 2023 9:00 pm
    Do you have any proof of what you said? Or are you just full of bullshit as usual. I do see pictures. Which anyone could explain away or some old skinny fucker with a wild imagination that can't get laid (with a human) and with a filthy mind could make something up.


  8. by Curt_Anderson on October 31, 2023 9:19 pm
    "Do you have any proof of what you said?" --OD

    Proof of what that I just said? This?
    OD makes a good case for Trump getting the advantage of spousal privilege
    That's just my opinion. Others may disagree.

    Or this?
    Couples don't need to have children together to be considered "married".
    That's obvious. Many married couples never have children. They are nonetheless married. That goes for common-law marriages too.

    Why do you think that spousal privilege should apply to Ivanka and Donald Trump?


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