He is washing his hands of the case so he can go back to those bigots who elected him and say "Look I didnt want to turn them loose, I was forced to recuse myself.
This is just a sneaky way out for Nifong.
Whoever gets the case will dismiss all the charges and Nifong gets home free on it.
What I want to know is when do charges get preferred against the person who started all this crap. Crystal Mass.
Dismissing the charges doesn't remove Nifong from legal jeopardy, no matter who dismisses them. If the AG gets the case, I don't look for criminal charges to be pursued through that course. The only recourse would then be the feds, and of course civil suits.