establishing the element of willfulness. SC also used as a reason not to pursue that the trial will be in a few years and that Biden will be "well into his 80's" which clearly acknowledges a progressive mental decline is occurring that they witnessed. SC essentially said "His memory is markedly affected now - he can't even remember things important to him like when his son died or when he was VP, or who his allies are (thought his ally Eikenberry (sp?) was an enemy) now, just imagine how bad this will be by the time we reach trial! A jury will just see a confused old man and won't send him to prison".
So really, it is not an important distinction since it has the same implication.
PS - In those same few years down the road, when the SC doesn't think a jury will believe that Biden is aware enough to meet the component of willfulness, Joe Biden will be POTUS if he wins in '24. In such a scenario, we will have an unelected person(s) running our country in his stead behind a curtain - will have lost our democracy because our voters will not have chosen our leader - if we haven't already.