This is an utterly silly article. The headline on the Taitz web site says:
8 days left for Sheriff Arpaio and Investigator Zullo to file a criminal complaint against Obama in regards to his 100% forged birth certificate. If a criminal complaint is not filed, donors will will start asking for a refund of all donations.
That was posted May 26, making the deadline June 3. I left a comment:
Seriously, refunds? Since when did a failed birther effort, or a broken birther promise, ever result in a refund? While I don’t expect to see such a thing, imagine the chagrin if there were a birther class action lawsuit against the Maricopa County Cold Case Posse, claiming fraud, and asking for a refund as damages, or an injunction to force Zullo and Arpaio to take their fake evidence to court. That would be great birther theater!
Update:
In case any birther still has hopes that Arpaio will file a criminal complaint, let me introduce a bit of reality from the Maricopa County Attorney, via Obama Release Your Records:
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, fi (sic) the evidence is there, I will prosecute regardless of who the suspect/defendant may be.
Sincerely,
Bill Montgomery
Maricopa County Attorney