My understanding is that investigators must talk to the players' attorneys before contacting the players. With the spotlight on the DA and Durham PD, I wouldn't think any investigator would dare try to get around that rule. I think he's blowing smoke.
Well, they already did it once - to the team.
Nifong could be planning to make the argument that it's their right, but they have to exercise it. No harm in asking.
I don't know the applicable North Carolina laws, but nothing much came of Baker's and Nifong's first attempt.
These are state laws too, so it's possible there's wiggle room in approaching witnesses out of state.
I think many things are in play here. For instance, things have changed to a degree. Nifong has said no charges are expected - signalling the end of the investigation for 44 of them. They aren't suspects any longer, just witnesses that are out of state - maybe.
Would anything surprise you in this case?
I don't.
They haven't respected the attorney-client relationship in the past, so why would they start now as they become increasingly desperate?