It ain't getting that far, Jez. The case won't even get to Feb 5 hearing.
If the charges aren't dropped by that time, even if the hearing on the motion to suppress the identifications because Mangum can't make it, this will be useful in the change of venue because Nifong knows he can't get a conviction anywhere but Durham. If venue goes, it's another huge blow to Nifong.
What filing now with the commission does, among other good things, is pressure the court to dump Nifong and allow the AG to take over or appoint someone.