This argument to use Priestap and Gardner's verification that Baker said "Sussman said he's not representing a client when he submitted this info to the FBI, not insurmountable to Durham, according to Kash, and in many cases another gov employee verifying that info that Baker gave them is credible and many times accepted by the jury, butThank God Durham got the text message the Sussman sent to the Baker the night before their meeting, saying he's not representing a client again.
Even if Durham had not gotten the text he would have prevailed but he would take longer, whether Durham got it from the IG shortly before or was holding it for them to make this argument, doesn't matter. Durham with all other evidence could have overcome it. Especially since the Primary Counsel of the FBI documented it.
Sussman's argument is moot at this point, and again he's throwing shit at the fan, to see if he can distract from his obvious guilt.
Sussman's pleading in this case only shows that he knows he's on his own and they have all scapegoated him, he never expected this I suppose.