This puts Graland in a very difficult position. The recommendation from the special counsel’s office is not binding on DOJ. They’re required to make their own determination and then state that for the record. When Loretta Lynch told the press that the AG would accept the FBI’s recommendation on prosecuting Hillary Clinton for her email cluster before actually seeing the report, she set a precedent by allowing DOJ to pretend it doesn’t have a brain. Notice how all of these trends float between “someone” and “DOJ” at large being noted as the authority of record. Biden’s level of age and awareness doesn’t matter. The facts are clearly there. He’s not covered by the Presidential Records Act. Garland will likely just sit on this for a while to run out the clock.