The problem with this is it would break the independence of the judiciary and make convictions and trials into tools for political benefit. https://twitter.com/BMStudebaker/status/1268563771791937539 …
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It doesn't, actually. It's accurate but deceptive to say they "raised the level," because the third degree charge is included in the second degree charge and the jury can still decide to convict on it even if they don't buy the case for second degree.
The net effect of raising the level of the charge was to add a new charge without foreclosing the old one. Ellison will still argue both charges.