Being useless at trial doesn’t make someone incompetent to stand trial. Nor does having a faulty memory, as far as I know.* And by the way, he could be useful at trial acting all avuncular and confused. Jury would eat that up (until he sniffed one of the juror’s daughter’s hair).
Serious question: ever watch a run of the mill criminal trial or sit through a criminal cattle call, like bond hearings? Most are the dumbest of the dumb. They don’t “help” in the slightest.
The question: can he understand charges against him for taking documents? As in, he can understand what the words of the charge mean, what the process entails, and the consequences, knows he’s in danger of going to jail. That’s just about it. (I’ve had experience with this with a pro bono assignment for a guy found incompetent to stand trial and held in a mental-health facility for years. Sovereign citizen/ Nation of Islam type. Dude would lecture me about it for 20 minutes at a time on phone calls.)
Read that article I added to my post. It’s really, really difficult to get a finding of incompetence for a criminal trial.I’ve sat through a ton. It’s not just the understanding of charges etc it’s to be able to participate in the defense and memory and recollection is a vital part of the psych evaluation. His is toast. Last week he was getting kohl all screwed up in Germany on top of the public messes etc. the prosecutor characterized his limitations as significant
On the plaintiff side you’d need a next friend. You couldn’t let a guy with a memory like that run wild to his detriment
If Biden couldn’t remember that he was VP, you could win. But not based on him not being able to recall the dates.