How have courts interpreted the argument that the defense does not have access to the defence's testimony?

United States v. Wasserteil, 641 F.2d 704, 709 (9th Cir.1981). The court observed this argument could be interpreted as being directed at the defendants' lack of testimony but, "considered within the context," the argument was such that it was unlikely that the jury drew such a conclusion. In context, the argument could be understood as a reference to the lack of the explanation requested of the defense. The argument was, therefore, not in violation of the constitutional privilege. Id. at 704-10.