those 2008 fools weren't charged.  The decision was made in Dec 2008.   Under Bush's DOJ.
This guy today - he had a camera all over him.  Smiling and saying hi.  He wasn't acting intimidating.   Anyone who is intimidated by a dude's clothes or skin color has their own issues to deal with.  I'm guessing they wouldn't be scared of a 130 pound twink white dude in that uniform, huh?
I think a white guy dressed as a Black Panther would get laughed at, yes.
I think a valid point, is if you were a black person headed to vote for Obama in a predominately pro-Romney area, and the KKK were standing out front, that would be vote intimidation. The same holds true in reverse, it can sway a persons decision to vote.