As someone who does this on a professional level, we now know Biden acted wilfully and consciously, in terms of his mismanagement of classified documents undoubtedly the basis for a charge.
Now he may very well be incapable of taking responsibility because of his mental state. Typically, that is not left to the prosecutor... it is usually left to a person such as myself to formally evaluate a person's cognitive capacity and capacity.to plead or be fit for trial.
So for example, in Queensland, measure him against what are called the Presser Principles in terms of his capacity to plead, advise Counsel, participate in his own defense etc etc etc
That the special counsel chose unilaterally to let him off the hook is just a perfect example of the dual system of Justice that America has in place in their Department of Justice.
