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. It would be difficult to convince a jury that they should convict him of a serious felony that requires a mental state of willfulness.
This is a special counsel who decided not to charge the president, who also said, I think it's important for you guys to know part of the reason why I'm not charging him, because he wouldn't even be able to stand trial.
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