It seems to me that this is a prosecutor, risking the course of her career, very cunningly presenting a charge which must be dismissed at the arraignment (or failing that, at the trial), thus satisfying the sociopolitical desire of one population in that an arrest the maximum charge imaginable and imaginative has been placed; whereas another population will be satisfied that the charges have been finally and summarily laid to rest by the judge as a satisfaction of proper jurisprudence.
Personally, if this is the underlying objective for this procedure, it would be kindness to George in a Machiavellian move, thus protecting him from further harm.
But I'm not a lawyer or politician -- just an interested observer. Obama and Holder will have fits in both areas, eh?
I think she is counting on no judge having the fortitude to throw the case out being as the judge will be subjected to death threats, mobs and possible race riots as a result of doing the right thing.