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He is not being charged.....NOT....because of cognitive abilities.
Rather, he is not being charged as the prosecutorial staff believes they could not get a conviction of a senior man who has exhibited some senior moments.
In short, a jury would be sympathetic and would likely not be convinced there was the necessary mens rea. They apparently do not have evidence or at least, sufficient persuasive evidence that would buttress any assumption of a criminal intent by Joe Biden.
In contradistinction, the case against Don Trump involving a similar possession of government documents is seemingly replete with such evidence, e.g., denial that such documents even exist; ordering staff to move the docs ahead of DOJ visits; instructing staff to erase videos of such movements; deceiving his own attorneys; defying a lawful subpoena, etc.
I suppose if I was a defense attorney (note: I ain't even a lawyer).....but if I was such an attorney I would much prefer to defend a defendant like Joe Biden on these facts, than one like Don Trump.
ps....for the sake of this post, let's not even address which one would likely stiff me on my fees. That's for another thread.
“Some senior moments”
Haahhahahhahahahahaahahhahahahaaa!