What happened: The Department of Justice (DOJ) chose not to prosecute President Joe Biden over his handling of classified materials as vice president, citing his declined mental state.

The evidence: The decision comes despite the DOJ concluding that Biden “willfully retained and disclosed classified materials after his vice presidency.” These included documents on Afghanistan and “sensitive intelligence sources and methods.”

• The reasoning: The DOJ said it would have difficulty convincing a jury that Biden intentionally broke the law: “Mr. Biden would likely present himself to a jury … as a sympathetic, well-meaning, elderly man with a poor memory,” the report concluded.
• Remember: Biden’s DOJ raided the home of former President Donald Trump and charged him in a similar case. Biden didn’t have presidential authority to declassify documents as Trump did.

Why it matters: The report has angered conservatives, who see it as further proof of double standards in the justice system. While the report clears the 81-year-old president of legal problems, it raises concerns about his mental acuity ahead of the November election.

• Embarrassing details: Biden couldn’t remember the years that he was vice president or the year he lost his son, Beau, according to the DOJ.
• Not helping: Addressing the report, Biden told the press his “memory is fine” — and then proceeded to confuse Mexico and Egypt in his remarks on the Middle East. Hours later, Biden said he’s “a president for everybody, whether you live in a red state or a green state.”

No mercy from media: Even legacy media are describing Biden’s mental “blunders” as “a profound and growing problem” and the report as “devastating.” The New York Times ran brutal opinion pieces calling his cognitive decline dangerous for Democrats in November and pushing for him to step aside.