They mean he won’t be charged CRIMINALLY.
WithHolder is there to help with a civil rights lawsuit - which I have no doubt will happen.
The Obamareich doesn't want a criminal prosecution, which will surely exonerate the cop, because that will make the civil rights case harder to pursue (e.g. George Zimmerman).
A "no indictment" situation will be the green flag for the Reich to intrude into a state affair with the full power of the Federal Government.
If it is true that the officer has an orbital blowout fracture of the eye, it would be difficult to claim a racial profiling case or any other claim of discrimination.