I think this is presumptive. Isn't Obama already be accused of not being Black enough. Nifong is secondary to this case IMO. Not many are talking of the real villan, the female accuser. Just because she's female and Black does not mean she gets a free ride in all this.
Turn the proposition around, i.e. have a psycho DA meet with klansmen and agree on some election for three lynchings of innocent black kids kind of deal and then have the guy get reelected with 95% of the white vote, and the FBI would be straight down on top of it like flies on ****.
But the biggest villains in the picture are the black leaders and the people of Durham.
Duke is in big trouble. They're looking at legal liabilities big enough to shut the place down, and the whole world now knows not to send kids to school in or even near Durham NC.