In Re Witness Before the Grand Jury. United States of America v. Witness Before the Grand Jury

LUMBARD, Circuit Judge:

The government appeals from an order of the District of Connecticut, Warren W. Eginton, J., allowing Geneva Carter, a witness before the federal grand jury, to refuse to answer questions that allegedly violate the “confidential communications” marital privilege she purports to share with her estranged husband, Robert Carter. Although the district court accepted Mrs. Carter’s assertion of the confidential communications privilege, the court rejected her assertion in the alternative of the “adverse testimony” marital privilege; the court noted that the Carters have now…