Not surprising. The judge said the jury couldn’t consider the text from Sussman the day before the meeting with Baker because it wasn’t part of the indictment and introduced late in the process. So basically it came down to a he said, he said case. The various note takers that confirmed he wasn’t was doing it for a client all had amnesia. Sussman’s defense was even if it was a lie it wasn’t material. The 7th floor ran with it even though agents debunked the hoax right away. Discusting.
Heck of an oversight.