Decision not to pursue criminal charges was made by Bush DOJ, not Obama
Bush DOJ, not Obama, made decision not to pursue criminal charges. Before President Bush left office, the Department of Justice filed a civil complaint asking for an injunction against the New Black Panther Party and some of its members. In his May 14 testimony before the Commission on Civil Rights, Assistant Attorney General Thomas Perez explained that the Bush administration's Justice Department "determined that the facts did not constitute a prosecutable violation of the criminal statutes" but did "file a civil action on January 7th, 2009." From Perez's testimony:
PEREZ: Moving to the matter at hand, the events occurred on November 4th, 2008. The Department became aware of these events on Election Day and decided to conduct further inquiry.
After reviewing the matter, the Civil Rights Division determined that the facts did not constitute a prosecutable violation of the criminal statutes. The Department did, however, file a civil action on January 7th, 2009, seeking injunctive and declaratory relief under 11(b) against four defendants.