But it is up to prosecutors to present a case to a grand jury.Maybe you should investage more before you make such statments.
From: Biden won't be charged in classified docs case; special counsel cites instances of 'poor memory'
WASHINGTON — Special counsel Robert Hur has declined to prosecute President Joe Biden for his handling of classified documents but said in a report released Thursday that Biden’s practices “present serious risks to national security” and added that part of the reason he wouldn't charge Biden was that the president could portray himself as an "elderly man with a poor memory" who would be sympathetic to a jury.
“Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen,” the report said, but added that the evidence “does not establish Mr. Biden’s guilt beyond a reasonable doubt.”
It would be up to an Grand Jury to determine if it was beyond a reasonable doubt.
So do you think both Biden and Trump should be tried on having documents? Trump will also face obstruction charges since he deliberately lied about documents, and hid them. Biden cooperated.