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Originally Posted by DaneMcCloud
I viewed it as "We're in this together now and let's keep it going" because Kim gets her thrills from cons, not from Pro Bono Work.
Also, if they're married, they're not required to testify against each other in a court of law, meaning that Mesa Verde would never be able to prove collusion.
It's a scheme, IMO.
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Spousal privilege only applied to communications made DURING the marriage. Could hide behind the testimonial privilege, though. That says that spouses, while married, can't be forced to testify against their spouse at all.
But A) witness holds that privilege (so Kim or even Jimmy could waive it and elect to testify against the other spouse) and B) it ends when the marriage does.
Spousal communication is nice because it is theoretically indefinite and either party can enforce it. So any schemes they concoct
during the marriage are going to be protected. But Mesa Verde came before the marriage and in the event the marriage ends or either party gets pissed off, they can choose to testify anyway.
My first thought was marital privilege as well, but ultimately if it gets to that point, they're pretty much boned anyway. Especially Kim.