New witness could prove crucial element at the heart of hush money case: expert

NEW YORK, NEW YORK - JANUARY 11: Former U.S. President Donald Trump sits in the courtroom during his civil fraud trial at New York Supreme Court on January 11, 2024 in New York City. (Photo by Michael M. Santiago/Getty Images)

Prosecutors are expected to call Donald Trump's former White House "gatekeeper" to testify against him in his hush money trial, and MSNBC's Lisa Rubin explained the key evidence she could deliver.

The former president's longtime aide Hope Hicks testified last week about the Trump team's concern about the "Access Hollywood" tape and its impact on his 2016 election chances, and she told the jury about conversations she had afterward with Trump and his then-lawyer Michael Cohen about his affairs with adult film actress Stormy Daniels and Playboy model Karen McDougal.

"I can tell you thematically, it feels like Hope Hicks is the last witness, at least for right now, to testify to the formation of the conspiracy to get Donald Trump elected by paying off these women," Rubin told "Morning Joe." "And that we should be moving into the real heart of the matter here, which is the falsification of business records in order to conceal that conspiracy to elect Donald Trump through unlawful means."

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Madeleine Westerhout, who served as the former president's personal secretary from the start of his administration until 2019, has been subpoenaed to testify, and Rubin said she might be able to help prove crucial elements of Manhattan district attorney Alvin Bragg's case.

"Who are we likely to see here in this phase?" Rubin said. "A number of Trump Organization employees who are involved in the invoices and general ledger statements. We also might hear from Madeline Westerhout, Trump's executive assistant in the White House. What does she have to do with this? she had to place the nine checks that Donald Trump signed in front of him. We've already seen, through Rhona Graff's testimony, where they were discussing, 'How can I send this back and forth? I'm sending checks for him to sign.' Madeline Westerhout can be a critical witness to know Donald Trump had knowledge and participation in this portion of the crime which, as I said, the heart of what the Manhattan D.A.'s office has to prove."

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