Well, a Birther wrote one of those “Open Letters” to the Maricopa County Prosecutor Bill Montgomery, and here is the answer. The original letter, and other information is at the link below.
Dear Mr. Reilly,
Thank you for taking the time to write and for the concerns you have expressed. There are a couple of points of analysis, though, in determining whether a criminal charge can be filed, regardless of the charge or who the suspect might be. The first is whether I have jurisdiction over the case. That requires that some conduct had to have occurred in Maricopa County for me to have jurisdiction. From the Sheriff’s Office investigation into suspect documents produced by the White House to date, that investigation has not revealed any evidence that conduct occurred in Maricopa County. I have discussed this with the Sheriff. As for any issues regarding qualifications or information provided regarding the Presidential Election itself, that is a statewide election. Under Arizona law, the Secretary of State and the Attorney General have jurisdiction over statewide elections. I do not.
I will share with you, as well, that the criminal statute you cited in your message requires additional evidence that the MCSO investigation to date has not uncovered. Specifically, we would need evidence to affirmatively prove that Mr. Obama is not a US citizen. To date, there has been evidence presented leading to speculation that documents have been forged and other documents do not exist. That alone, though, is not sufficient evidence to present to a grand jury and actually have a reasonable likelihood of conviction. I cannot speak for other prosecutors at the state level around the rest of the country or for prosecutors at the federal level but Arizona?s ethics rules do not permit prosecutors to file a charge they can only hope to be able to prove beyond a reasonable doubt at a later stage.
I stand ready and willing, however, to review any case submitted for charges and, if the evidence is there, I will prosecute regardless of who the suspect/defendant may be.
Maricopa County Attorney
Birthers should not be surprised that there is insufficient evidence for prosecution. I patiently explained this to them in a previous Internet Article:
Others, like Dr. Orly Taitz, Esq. and numerous Freeper Birfers, are filled with indignation because the saner part of the universe simply ignores Arpaio and the Cold Case Posse’s claims of forgery. Sooo, I have decided to deconstruct the issue and get down to specifics. First, let us get a workable definition offorgery. This one, from the Free Legal Dictionary, seems typical:
The creation of a false written document or alteration of a genuine one, with the intent to defraud.
Forgery consists of filling in blanks on a document containing a genuine signature, or materially altering or erasing an existing instrument. An underlying intent to defraud, based on knowledge of the false nature of the instrument, must accompany the act.
Since the word defraud is used twice, let’s define that word also, from the same source:
[T]o use deceit, falsehoods, or trickery to obtain money, an object, rights or anything of value belonging to another.
Legally, any erroneous information would have to have been put in, or altered, with the intent to defraud, so that simple clerical errors or harmless mistakes would not constitute forgery. For example, if a clerk penciled in the number “9″ for the Father’s Race, when the correct code should have been “2″, there is no forgery. Mainly, because there was no evil intent and no one is being defrauded of anything.
I would submit that Sheriff Joe, Deputy Zullo, The Cold Case Posse, Jerome “Jerry” Corsi, and other Birthers have completely and utterly failed to prove any of the elements of a forgery claim. Not only have they failed to substantially prove any of the forgery elements, they have not even made a credible allegation of any element of forgery.
In other words. . .
Note 1. The Image. This is Tyrone Power and Marlene Dietrich from the 1957 film, Witness For The Prosecution. Wiki says, in part:
Witness for the Prosecution is a 1957 American courtroom drama film based on a short story (and later play) by Agatha Christie dealing with the trial of a man accused of murder. The first film adaptation of this story, it stars Tyrone Power (in his final screen role), Marlene Dietrich, and Charles Laughton, and features Elsa Lanchester. The film was adapted by Larry Marcus, Harry Kurnitz and the film’s director Billy Wilder.
Note 2. Bio. Mr. Montgomery’s bio can be found here:
Note 3. The Image Easter Egg. Marlene Dietrich became famous in the 1930 film, The Blue Angel. Arpaio blew (messed up) his angle ( a biased way of looking at or presenting something) by failing to find any false information on the long form image.