They also had his text the day before saying that he was not coming on behalf of any client. The defense conceded that this was a lie, and that it was even the same lie the prosecution was arguing Sussman told to Baker the next day - the same lie he was being charged for - but because the case was about whether or not he told this lie on the 19th, it didn’t matter that he previously told it on the 18th. They even argued that it was unlikely Sussman would have told this lie on the 19th, in person, because he already told it on the 18th, in text, and to repeat it would have been redundant.