Those remarks and Bobo’s from yesterday read ‘no go’ on the Federal case, at least to me. Bobo knows a Fed case would go into 2014 and polarize both the white vote and potentially a slice of the Hispanic vote against the Democrats. This in a lame-duck mid-term election that electoral history destines Bobo to lose seats in both houses anyway.
My further educated guess is that Bobo’s Holder is ‘encouraging’ the Martin family ‘attorneys’ (facepalm) to get the civil suit in gear pronto, so the DoJ can sidestep their non-case, and point to the civil suit for the ever-present regime agitprop.