and then Discuss the following hypothetical: WDefendant's (D) wife, was caught smuggling drugs and in her case made a deal with the prosecution whereby in exchange for testifying against D would not be prosecuted. Does the Adverse Testimony privilege apply? so, not. 2. Does it make a difference that the was to testify? 3. Is marital harmony important or essential to assert the privilege? or not4.Does it make a difference that Wis testifying about her actions and not any confidential communications that took place between her and her husband?