Under the circumstance you described, the history attack could be succeed. But if you can't control the time of your attack, what's the point of the attack?
Besides, if there is a chain with the ability of finalization, I will not confirm my transactions untill the final state is established when I am going to make an important deal.
Don't forget about bootstrapping nodes - this attack is also a bootstrap poisoning attack, as well as an attack against already up to date nodes and bootstrapping nodes cannot use your re-org depth limit.