He wouldn't have to recuse himself to do that. All he'd have to do is reassign it to someone else. As I understand it, he's asking to have a SPECIAL prosecutor assigned, which takes it completely out of his office.
I think he would lose support in his own office, among the ranks, if he tried to foist responsibility for the case (and its dismissal) off on one of his underling deputy DAs. What he's doing here has the look of being less cowardly.
I just wonder who he has in mind to take over the case. Nifong being out doesn't ensure anything right will happen. He may have prearranged a volunteer to "suggest" to the court, which of course is not binding on the court. It could be reassigned to the AG which probably isn't a whole lot better than Nifong keeping it, as far as the boys are concerned, that is. Cooper isn't going to want to alienate blacks because he wants to be governor, and he will protect Nifong because they are both rats. He might dismiss, but I doubt he would then file charges against Nifong or Mangum.
I can hardly wait to see who is assigned.
Look for a black female to be appointed.