The nuance escapes you.
The video shows the conversation, that part is not circumstantial, it is hard evidence the judge had a conversation. The circumstantial aspect is that pertaining to what was said in the conversation.
If a video shows you at the scene of a store robbery the video is hard evidence but can circumstantial if it doesn't show you committed the crime and is just part of the overall case.
The video I saw didn't have any audio, if the video did have audio and it catches what was said then it isn't circumstantial.
Wrong!!
The video shows much, much more than a conversation. it shows everything the judge did in sequence, and the court reporter has everything that transpired regarding the cases called. It shows her distracting the agents by moving them to another judge's chambers while she had a conversation with the defense attorney after which the attorney and defendant tried to flee. There was no case called for that defendant, and the prosecutor was not involved. That's evidence that the conversation was NOT related to the domestic violence charges he went to court to address. It's not circumstantial. it's a fact.
So, yeah, you want everything to be according to your definitions, but a video tape is actually physical recorded evidence. It's not circumstantial.
If you can find a case where a video tape was labeled
circumstantial evidence where it showed the actions of the defendant even though there was no audio, I'd be happy to take a look. What I found is video is NOT considered circumstantial.
Circumstantial evidence for example would be you walk into a bathroom and see the defendant standing over a dead body holding a bloody knife. Then you find a blackmail letter from the victim to the suspect demanding money for their silence in some matter.
Since you didn't see the actual killing, everything i just stated is circumstantial evidence.
If there was a video camera outside the bathroom showing nobody other than the victim and suspect entered that bathroom before you walked in, are you still going to call the video circumstantial? It's DIRECT evidence showing only the suspect could have committed the murder. Period.
Direct Evidence Examples
1. Video Evidence: This is one of the most clear-cut forms
of direct evidence. If a surveillance camera catches a person
entering a restricted area, the footage serves as direct
evidence of that person’s trespass. Unlike second-hand
accounts or fingerprints, video evidence typically doesn’t
require interpretation or inference—it shows what happened
in a straightforward manner.
In my example, the video showing the 2 actors enter the restroom is direct evidence directly proving only the suspect could have had the opportunity to commit the crime. It doesn't have to be evidence of the charged crime itself -- that being the murder -- to be direct evidence.
Evidence stacks one piece upon the next to create a case proving the suspect committed the crime. That doesn't mean if there are no direct witnesses or video of the killing that all the evidence is circumstantial. Each element of a crime requires evidence. Some elements like means and opportunity are where video is powerful. Motive would be based on the blackmail letter. Nothing in the video is needed to prove motive.
By the way, a photograph is also direct evidence. It isn't a video tape or audio recording of the crime, but it can be used to place the parties together just prior to the crime, useful for countering an alibi.
Do some more reading and get back to me. You don't get to argue any further unless you can show credible sources to back you up.
If you bother to read this link, you'll see the conclusion -- "Direct evidence leaves no room for doubt. It directly proves an assertion – there’s no “connecting the dots” or “reading between the lines.” Remember, direct evidence isn’t about what’s likely, it’s about what IS."
You don't have to prove verbatim what the judge said to the lawyer. Her actions and the resulting attempt by the lawyer and defendant to flee from the agents serving a valid warrant are all that's needed. Of course, maybe another explanation is the defendant was able to read minds (like you) and became aware that he was going to be arrested by ICE. So, nothing the judge said to his lawyer caused what happened?
https://helpfulprofessor.com/direct-evidence-examples/