In Re Grand Jury Investigation of William B. Hugle. William B. Hugle v. United States of America, Real Party in Interest-Appellee

Appellant William Hugle is the apparent subject of a grand jury proceeding investigating possible charges of espionage. During the course of the investigation, Hugle discovered that his estranged wife, Bevalyn Iverson, had been interrogated by FBI agents, and that the United States Attorney was preparing to call her to testify before the grand jury. Thereupon appellant, asserting the privilege for confidential marital communications, sought a protective order from the district court. In response, the Government represented that such an order would be premature and speculative. The court denied the requested relief, agreeing with the Government that the application for a protective order was premature and additionally doubting appellant’s standing to object to questions in a proceeding in which he was not a witness. We disagree. Appellant has standing to assert the marital privilege, and the case must be remanded for further proceedings.

The privilege for confidential marital communications, like other privileges, is dependent upon common law processes for its doctrinal development. Fed.R.Evid. 501. In re Grand Jury Investigation (Hipes), 603 F.2d 786, 788 (9th Cir.1979). So…