But other prominent legal analysts argued that Hur’s decision not to hold Biden responsible for years of violating the Presidential Records Act was far too lenient. Jonathan Turley, a constitutional law professor at George Washington University, said the depiction of Biden as too feeble to stand trial reminded him of the defense of mob leader Vincent Gigante, who often showed up in court in robes and pajamas. His lawyers successfully delayed his prosecution for years through arguments that he was mentally unfit to stand trial. Gigante was eventually convicted and sentenced to 12 years.

“Here the special counsel is saying, ‘You know what? It’s just going to break the jury’s heart to see an elderly man with such a faulty memory and diminished faculties being charged,’” Turley said on Fox News after the report’s release. “There’s going to be a lot of questions about that.”

When it comes to Trump, Turley argued, it seems prosecutors “hit him with any possible crimes stretching every possible definition.” But when they’re dealing with figures like President Biden, they are “far more cautious and resistant to charges,” he added.

Former Assistant U.S. Attorney Andy McCarthy, a conservative commentator and regular contributor to Fox News, said the report’s conclusions about Biden’s mental health are far more damning than the determination that Biden willfully stored classified documents in his Delaware home.

“Well, my first impression was that this is supposed to be about whether there’s enough evidence to indict, and as you read the report, I can’t help but say it sure looks like there’s enough here to invoke the 25^th Amendment,” McCarthy said on Fox News. “And I know that’s not what he’s looking at, what his purpose is, but [Biden’s] fitness for office is a major issue here.” 

The White House and Democrats on Thursday immediately pushed back at the report’s conclusions about the president’s mental fitness even as other Democratic members privately acknowledged the grim political reality – that the report confirmed what many Americans had suspected for months, making it far more difficult for Biden to remain the nominee in November.

Before the report was released, top White House aides were already struggling to defend Biden’s decision to skip the traditional pre-Superbowl presidential interview and explain away his gaffes from earlier this week. Biden, during a fundraiser, wrongly identified dead European leaders as having expressed concern to him about the events of the attack on the Capitol on Jan. 6, 2021.

The politics of the situation are daunting for both major political parties. It seems increasingly clear that the Republicans are stuck with Donald Trump as their nominee whether they like it or not – and most rank-and-file voters seem fine with it even though Trump doesn’t poll as well against Biden as challenger Nikki Haley. On the Democrats’ side, if Vice President Kamala Harris becomes the president under the 25^th Amendment, she would choose her own running mate. Under such a scenario, it would be far more difficult for the party to dump Harris, who is even less popular than the president, as the presumptive nominee during the remaining primaries or at the convention. There has been talk of Biden trying to replace Harris as his No. 2 since early last year. Massachusetts Sen. Elizabeth Warren endorsed Biden in February, but equivocated when it came to whether or not he should boot Harris from the ticket. 

“I really want to defer to what makes Biden comfortable on his team,” said Warren, who shortly afterward tried to undo the damage by issuing a statement “fully” supporting the reelection of Biden and Harris “together.” 

That hasn’t stopped the speculation about other would-be presidential contenders. There are plenty of Biden alternatives already waiting in the wings, including such possibilities as former first lady Michelle Obama, California Gov. Gavin Newsom, Colorado Gov. Jared Polis, and Michigan Gov. Gretchen Whitmer.

“Republicans should be careful what they wish for when talking about the 25^th Amendment,” Kalt warned. “It could mean they won’t have Biden to run against in November.” 

This article was originally published by RealClearPolitics and made available via RealClearWire.

Susan Crabtree is RealClearPolitics' national political correspondent.