In our division-of-power political system there are a zillion prosecuting authorities: local "district" prosecutors offices, statewide prosecution authorities, and federal United States Attorney's offices who are under control of the Justice Department. One entity does not control all of them. In the overwhelming majority of local prosecutions the Justice Department has no say. It can try to control federal inquiries to protect political allies as the Trump Justice Department did but its writ simply does not run to the Cambria County Pennsylvania D.A.'s office or the rural Alabama or Texas office. Federal charging guidelines do not apply at the state and local level. There is nothing to prevent a local D.A. from charging Joe Biden, even in complete bad faith, without evidence or law, for any crime the local D.A.'s conscience can sustain. All to state the obvious: a prosecution of a politician is by definition a political prosecution. Political considerations have to be taken into account and political consequences estimated soberly. Both considerations and consequences rise exponentially with the height of the office the defendant-politician attains. That's just keeping it real. 

Therefore, legally, I adopt the Weissmann Test [a) a crime that is not unusual to charge, and b) the proof is as strong as one would normally have — i.e. that one wards against the problem of selective prosecution] and hold  that these charges should not have been brought. Similarly, politically, I agree with Peggy Noonan, Bill Kristol, et al that the charges should not have been brought.