That is actually fair and balanced. The transcript captured something of what I'm guessing was actually the pathos in the courtroom however. So, in his cross the Balrog begins by pointing out that Baker and Sussman had been friends (past tense here). The Balrog then walks Baker through his....how shall we say....evolving recollection of his meeting with Sussman. About how Baker found himself in a bit of hot water based on previous Congressional testimony, after which Gandalf comes knocking. And up to the point where Baker's memory was refreshed and he found the Sept.18 text that supposedly meant Sussman lied to Baker. That was Gandalf's big smoking gun.
the transcript went something like this. Q: Is there something you want to tell the jury about that recollection? A: I gave my testimony yesterday. Q: And your testimony here today is already inconsistent with what you said yesterday, right? A: If that's what it says. Q: When Mr. DeFellipis asked you to to refresh your memory, did he threaten you? A: No, they never threatened me. Q: But they told you your situation with respect to the investigation could change? A: Yes. Q: That instead of a being a witness you could be prosecuted? A: Yes.
Baker has a tissue moment and the Balrog asks if they should break for the day. The judge says jury looks like they have your attention, let's get this done. The Balrog finishes Baker off. Gandalf gets a redirect but the damage is done. His witness looks like he's had the screws put to him and everything Gandalf says just reinforces that. to my read, whatever the Outrage Machine spits out, Gandalf lost the case on that cross.
And here's the thing. Gandalf jumped on a plane with Billy Barr and went chasing off after Milfud's phone or something in Italy, looking for this big conspiracy. But he never bothered to do the basic investigative steps to check Baker's phone records--just sitting in DOJ---for anything relating to his supposed star witness interactions with Sussman. If he had, Gandalf would have found the Sept 18 text message that Baker went and found on his own to get Gandalf out of his life. Gandalf could have found that before he charged Sussman with lying on the his meeting with Baker on Sept. 19, 2016. But he didn't. Just too comfy or something. And so in jury instructions the jury was instructed to find whether Sussman lied on the 19th, where it was just Baker's recollection vs. Sussman's. The text on the 18th to set up the meeting was irrelevant because Gandalf did not bother to find out about it before he indicted Sussman. Whoops. And Gandalf agreed to those jury instructions. Because he had too. Because he had no game. So all his 8 x 10 color exhibits with circles and arrows and a paragraph on the back saying what each one meant counted for nothing with repect to materiality. If the earlier text had mattered he probably could have got Sussman to take the stand. But now he has to keep shuffling off to Bethlehem, hoping some political change comes about that allows him to be born. Sad.
Doing lawfare to win media cycles is one thing, doing lawfare to count coup is another.
