As everyone knows, there is, of course, a spousal privilege in that a hu cannot be forced to testify against their spouse about confidential communications in a criminal trial.

But there is a key word in that description that people often overlook. Everyone knows that the attorney-client privilege disappears if the client speaks to anyone else about their communication. Few people know that it works the same with every other privilege.

Good rule of thumb: all privileges can be waived – poof – if one talks to a third party about it.

Thus, when people talk about Melania possibly testifying at Trump’s trial, it is only with two assumptions. One, Trump could call her as a witness to talk about how furious she would have been had she known, backing up a claim that Trump paid Stormy Daniels to keep Melania from learning of the affair through the media. (Thus making it a non-federal crime).

Or, two – people just assume that Melania has talked and talked and talked to others about Donald Trump’s trial. If so, she can be called by the prosecution or the defense. And guess who is on the possible witness list, according to Newsweek. 

During the first day of trial, Judge Juan Merchan read the names of possible witnesses, instructing prospective jurors on Monday to advise the court if any of those individuals might affect their ability to be fair and impartial. That list included three of Trump’s adult children, Donald Jr., Ivanka, and Eric, as well as his wife, former first lady Melania Trump. 

Judge Merchan read a list of names to potential jurors that could figure into the case. The names included:
Rudy Giuliani
Sharon Churcher
Dan Scavino
Keith Schiller
Donald Trump, Jr.
Ivanka Trump
Melania Trump
John McEntee
Kellyanne Conway
Jared Kushner

— Kyle Griffin (@kylegriffin1) April 15, 2024

Hmmm.

But there would be a possible downside for the prosecution to call Melania which would make it dangerous. Former federal prosecutor and elected state attorney Michael McAuliffe explains why it might be risky:

McAuliffe said that was because Melania has no involvement in the underlying allegations that Trump had an affair with Clifford. “In fact, she’s the putative victim in the illicit sex part of the story.” 

Technically, no.

Hillary Clinton is the actual victim in the story because Trump allegedly made illegal payments to keep the affair from coming out and hurting her chances in the election. The other victim is Michael Cohen, who always paid to do Trump’s dirty work and was the conspirator who spent time in prison for his role in the matter. It is hard for us to see Melania as a victim, but Trump’s team could sure make her seem like one.

But it would be simply delicious to see Melania on the witness stand because, in the end, most people don’t find her that charming. Indeed, we have used the word “selfish brat” in describing her. The fact that she complained that Daniels got a Vogue cover shoot by Annie Liebowitz somewhat seals the deal.

That said, the very possibility must have Trump reeling. Former White House Press Secretary Stephanie Grisham gave an interview to CNN late last week and she revealed that Donald Trump is most likely very worried about how this could affect Melania.

“I would imagine that she is pushing him to make this stop. I would imagine that she would push him to go on the stand and defend himself because this is very, very embarrassing for her,” Grisham said. “It’s humiliating for her, and I can guarantee you that she’s not happy right now and that he’s quite worried about that.”

Man, imagine seeing fancy-schmancy Melania on the witness stand. It is a privilege if a jury likes you… Melania might not qualify for a whole host of reasons.

And you gotta love The Drudge Report’s cover:

Here is Stephanie Grisham revealing how Melania is taking all this:

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Jason Miciak is Executive Editor of Political Flare and Editor at Large of Occupy Democrats. He can be reached at [email protected]