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Case 1:20-cr-00330-PAE Document 497 Filed 11/23/21 Page5of11 evidence presented, and you must base your decision only on the evidence in the case and my instructions about the law. What Is and Isn’t Evidence What, then, is evidence? Evidence consists only of the testimony of witnesses, documents and other things admitted as evidence, or stipulations agreed to by the parties. Some of you probably have heard the terms “circumstantial evidence” and “direct evidence.” Do not be concerned with these terms. You are to consider all the evidence given in this trial. Certain things are not evidence and must not be considered by you. The following is a list of what is not evidence: First, arguments, statements, and questions by the lawyers are not evidence. Nor are statements I make or questions I ask of a witness. Second, objections to questions are not evidence. The lawyers have an obligation to make an objection when they believe evidence being offered is improper under the rules of evidence. You should not be influenced by the objection or by my rulings on them. If the objection is sustained, ignore the question and any answer that may have been given. If it is overruled, treat the answer like any other. If you are instructed that some item of evidence is received for a limited purpose only, you must follow that instruction. DOJ-OGR-00007457