Prosecution Embarked on ‘Dicey’ Strategy in Donald Trump Trial: Lawyer

Prosecutors took a big risk in having a former aide of Donald Trump testify in his hush-money trial in Manhattan, a New York attorney has said.

Janos Marton, who previously ran for Manhattan district attorney, told Newsweek that Madeleine Westerhout’s testimony “didn’t move the needle much” for prosecutors, but it was needed to connect Trump to the others involved in an alleged hush-money conspiracy.

Westerhout, Trump’s former personal assistant, broke down in tears on the witness stand as she gave evidence against the former president on Thursday.

Newsweek contacted Westerhout and Trump’s attorney for comment on Saturday outside of normal working hours.

She smiled at him several times, including when she finished giving evidence and testified positively about Trump’s marriage to his wife, Melania.

However, Marton said that prosecutors had to call her to connect the dots between Trump, his then-lawyer Michael Cohen, and National Enquirer publisher David Pecker, who paid off people who had negative stories about Trump.

“It’s always dicey to put a witness on the stand who is sympathetic to the defendant, but the prosecution has been doing everything they can to cement the ties between Donald Trump, David Pecker, and Michael Cohen, a witness they are likely dreading having to call next week,” Marton said.

“Westerhout ultimately didn’t move the needle much for the prosecution, and Trump’s lawyer, Susan Necheles, smartly cross-examined her to paint a picture of a Trump operation where he might not have been involved in all of the details around how letters were sent and payments were made.”

Trump, the presumptive Republican presidential nominee, is the first former president in U.S. history to stand trial in a criminal case. He has pleaded not guilty to 34 counts of falsifying business records. He has continually said that this case and other criminal and civil challenges involving him are politically motivated.

The prosecution seeks to prove that before the 2016 presidential election, Trump paid, or discussed paying, two women—adult film star Stormy Daniels and former Playboy model Karen McDougal—to not disclose his alleged affairs with them. He denies affairs with both women.

Marton said that Westerhout was likely called on Friday so that prosecutors could begin next week with the testimony of Michael Cohen, the chief prosecution witness.

“Overall, the ho-hum end to the testimony this week was probably to avoid the possibility of watching a chaotic Michael Cohen cross-examination right before breaking for the weekend,” he said.

“He remains their most important witness, which has always been a tension in this case due to his past history and unpredictable behavior.”