The Military Rules of Evidence, unlike the Federal Rules of Evidence, codify the privilege rules. 501 with Mil. The husband-wife privilege under Mil. The privilege may be claimed by the spouse who made the communication or by the other spouse on his or her behalf. The authority of the latter spouse to do so is presumed in the absence of evidence of a waiver.
Credibility is an important component of factfinding.
The military judge had the responsibility to determine whether the testimony of appellant s wife and SA Penland was credible. Indeed, the factfinder at the trial level is always in the best position to determine the credibility of a witness. There is sufficient evidence in the record to support a finding that someone else was in the room at the time of the conversation. Because we defer to the military judge s assessment of the credibility of the witnesses, we hold that the judge did not abuse his discretion in finding the privilege inapplicable. The decision of the United States Army Court of Criminal Appeals is affirmed.