A Special Counsel’s report prepared for the Attorney General (by Special Counsel Robert K. Hur) regarding Joe Biden’s potential mishandling of confidential documents, contained a passage which described Joe Biden as an ‘elderly man with poor memory’. This description was one reason used to explain why charges would not be brought against him in a jury trial.

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. 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.

We conclude the evidence is not sufficient to convict, and we decline to
recommend prosecution of Mr. Biden for his retention of the classified Afghanistan
documents.