Still, in determining that Biden would prompt sympathy from jurors that would leave prosecutors unlikely to score a conviction, the report offers a raw assessment of the president’s mental state at a moment he is battling assertions on the campaign trail that he is too old to seek reelection.
“We have also considered that, at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory,” the report states.
“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.”