The prosecution never presented evidence that the thumb drives he purchased on 9/13 were the ones given to Baker. Just that he purchased some thumb drives six days before Sussmann lied to Baker during the meeting.
The prosecution’s billing witness confirmed that Sussmann billed the firm, rather than Clinton, for the taxi ride he made to the FBI meeting on 9/19. That was a bit harder for them to overcome since the assumption would have been that he would have billed Clinton or Joffe if he was going on behalf of them.
The jurors requested the taxi ride billing records during deliberation so it was evidently a key part of their decision making process.
Had Durham subpoenaed Baker’s personal cell phone records, he would have charged him for the text on 9/18 and he likely would have been convicted. Instead, he ran up against the statute of limitations.
Durham flat out threw the case.