That's what Hur stated.
A special counsel investigating President Biden’s handling of classified materials concluded his case, determining that Biden “willfully” retained classified documents but stopping shor…
thehill.com
"Based on our direct interactions with and observations of him, he is someone for whom many jurors will want to identify reasonable doubt. It would be difficult to convince a jury that they should convict him — by then a former president well into his eighties — of a serious felony that requires a mental state of willfulness.”