Baker’s follow-up deposition on Oct. 18 is more explicit on the relevant point.
At one point (pp. 122-123), Jordan asks specifically, “And was he representing a client when he brought this information to you? Or just out of the goodness of his heart, someone gave it to him and brought it to you?” This leads to the following exchange:
Baker:
n that first interaction, I don’t remember him specifically saying that he was acting on behalf of a particular client.
Jordan: Did you know at the time that he was representing the DNC in the Clinton campaign?
Baker: I can’t remember. I have learned that at some point. I don’t—as I think I said last time, I don’t specifically remember when I learned that. So I don’t know that I had that in my head when he showed up in my office. I just can’t remember.
Jordan: Did you learn that shortly thereafter if you didn’t know it at the time?
Baker: I wish I could give you a better answer. I just don’t remember.
https://www.lawfareblog.com/special-counsels-weird-prosecution-michael-sussmann
Suddenly he now remembers. Also, Sussman told the CIA that he was working on behalf of a client who didn't want to be named - you think he's going to turn around and give his buddy at the fbi a different story? Good luck proving that one.