Right. You're fine with the SC's decision because it helps your side.
Let me ask you: when this case fails, what will you say? That it should never have been brought because there was no chance to proven it beyond a reasonable doubt? No, you'll do what you said above and whine that it got dismissed "on a technicality."
The crime is possessing classified material. Biden knew head it back in 2017 and never gave it back. So while he didn't "obstruct," he still broke the law. Saying "well, he's too senile to remember/admit it" is a cop out and you know it. But again, it helps your side so you're fine with it.