But does that have to be for the same crime charged against both? IOW, if the fix is in, could a prosecutor who wants his married defendants to both be able to assert privilege charge them in such a way to make that possible?
I would think so but I don’t know for sure. But my guess is if it’s not a spousal conspiracy, then the privileged is enforceable for both. If spouse A commits crime X and spouse B commits crime Y, and neither helped or assented with the other on either crime, you don’t have conspiracy and I would think the privilege would hold.