No, before anyone says it, it is not smart to stoop to their level
While it’s a bit disappointing, I understand that one perspective is that it is a defensive move. I don’t think it is unreasonable to assume that Trump is going to abuse his power and weaponize the Justice Dept to extract everything he can, politically, from the resulting show.
I don’t know whether or not Biden would have done the exact same thing if it was a more reasonable Republican administration coming in. That would be far more telling. It might have been that Biden was making a show of it with the assumption that he’d be overseeing and influencing it all as president and if that weren’t the case he’d be abusing his authority to spare his son.
Yes, it’s frustrating because of the message it send but frankly, I don’t think it’ll cause much trouble. Everyone who’d see it as an admission of the guilt of the “Biden crime family” wasn’t going to change their mind, even if Hunter was publicly drawn and quartered by the Biden administration. Those folks would immediately move the goal post - “Yeah, whatever, but what about…” or just insist Hunter’s death was fake and it was all sham.
The only time precedent ever matters to conservatives is if it works in their favor.