You keep mischaracterizing what the Hur and Durham reports stated, and I keep correcting you, yet I'm the one guilty of spin.
Hur speculated about a fictitious scenario, and it was inappropriate. In fact, the DOJ principles he referenced as the basis for his decision actually shows his supposed reasoning was dead wrong and in no way a justification for declining to prosecute based on any potential sympathy from the jury.
From the article I posted above:
"Hur justifies his put-down of Biden’s mental acuity and memory by invoking the Department of Justice’s
Principles of Federal Prosecution, but those regulations do not support Hur giving his “I’m not a doctor but play one on TV” opinion about Biden’s mental acuity. Hur is suggesting that the “sympathetic” nature of Biden’s supposed age-related infirmities will make jurors unlikely to convict him.
But the DOJ regulations cited by Hur actually cut against this as a reason for declining prosecution:
“Where the law and the facts create a sound, prosecutable case, the likelihood of an acquittal due to unpopularity of some aspect of the prosecution or because of the overwhelming popularity of the defendant or his/her cause is not a factor prohibiting prosecution. For example, in a civil rights case or a case involving an extremely popular political figure, it might be clear that the evidence of guilt—viewed objectively by an unbiased factfinder—would be sufficient to obtain and sustain a conviction, yet the prosecutor might reasonably doubt, based on the circumstances, that the jury would convict. In such a case, despite his/her negative assessment of the likelihood of a guilty verdict (based on factors extraneous to an objective view of the law and the facts), the prosecutor may properly conclude that it is necessary and appropriate to commence or recommend prosecution and allow the criminal process to operate in accordance with the principles set forth here.”
In other words, a prosecutor should not decline to prosecute just because he is worried about losing due to the defendant looking sympathetic to the jury."