Special Council can either recommend that the Justice Department either file charges on Biden or not, BASED UPON HIS GUILT!
He is certainly not entitled to suggesting Biden has memory problems, and that because he may seem to some that he has, and to others, he does not, is somehow innocent because of that reason!
If it has been determined that Trump, Biden, and Pence all are guilty, then all the facts in all the cases should also be considered as to what the punishment for that crime should be on them as individually based!
You know, things like cooperation with the proper authorities, telling the truth vs. lies, and any evidence of covering up the crimes and etc.