Not being disagreeable, but at this point I don't think that Nifong has a safe path. He is effectively destroying his credibility with the group that is most important to his future, the legal profession. What defense attorney will ever believe him again when he says he has turned over the "entire file"? He now has to take a path that gives him some hope of restoring his credibility.
Yeah, she probably will bail out. Most false accusers do. But he still has to find a way to overcome the blight on his reputation. What better way then to blame everything on the DPD and then investigate them.
That's going to create a big rift between DPD and Nifong, and this motion will begin driving that wedge. This may come down to Baker v. Nifong.