©2012 drkate
Title 18 U.S.C. § 1343 provides, in part:
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both.
Write-in Presidential candidate Montgomery Blair Sibley asserts that by knowingly submitting a forged certificate of live birth and ‘long form birth certificate’ on line to the American public,
the “scheme” that President Obama appears to have intended is to obtain a job that he is not eligible to hold given his lack of “natural born Citizen” status. See, e.g., United States v. Granberry, 908 F.2d 278, 279 (8th Cir. 1990)
Initially, it is well-settled that the “use of the Internet for transmission of images or messages satisfies the requirement of interstate commerce.” See, e.g., United States v. Carroll, 105 F.3d 740, 742 (1st Cir. 1997). Moreover, to seek to obtain public money – here the salary of the President of the United States – has been recognized as satisfying the “money” element of §1343. See, e.g., Pasquantino v. United States, 544 U.S. 349, 356-57 (2005) (recognizing that money in the public treasury is the government’s “money” for purposes of the mail fraud statute.)
Candidate Sibley submitted a certified petition for Writs Quo Warranto and Mandamus to the U.S. District Court for the District of Columbia, requesting a jury trial, setting forth outcomes (a) that Obama be ousted from office and/or prevented from being placed on the ballot for the 2012 presidential election, (b) a directive to the U.S. Attorney to comply with 18 U.S.C. § 3332 and reveal to the Grand Jury the alleged offense of Obama, with the right of Sibley to inform in writing each and every one of the jurors of the offenses of Obama and other criminal acts of federal actors in the District of Columbia.
As with other cases of Quo Warranto seeking to compel proof of natural born citizenship, the politically-influenced Department of Justice has refused to forward any case or respond to it, just like Jablonski’s contemptuous and ill-fated attempt to go around the judiciary to quash any action against Obama.
However, Candidate Sibley will not go away quietly, and in a press release issued January 31, 2012 takes the following action:
WASHINGTON D.C. – Coming on the heels of the sworn testimony taken in the Georgia Administrative Law hearing at which expert witnesses testified under oath as to the indications of forgery in Barack Obama’s putative certificates of live birth, POTUS Write-In Candidate Montgomery Blair Sibley has this day amended his Quo Warranto lawsuit pending in the U.S. District Court for the District of Columbia to demand that the Court enforce 18 U.S.C. §3332.That section requires, upon request of a citizen, that the United States Attorney present information concerning such an alleged offense to the grand jury.
On January 12, 2012, Sibley made such a request. In so much as the United States Attorney has refused to acknowledge the request, Sibley has moved for a writ of mandamus from the Court to compel U.S. Attorney Machen, Jr., to comply with §3332.
Though several individuals have requested state police and/or the F.B.I. to investigate Obama’s putative COLBs, this is the first instance where an individual has invoked 18 U.S.C. §3332 to removed the matter from the discretion of the politically-influenced Department of Justice. Instead, Sibley is taking the allegations of Obama’s wire fraud directly to a federal Grand Jury which has the unfettered power to indict Obama if it finds “there is sufficient evidence of probable cause to justify bringing the accused to trial.”
~snip~
Citing not only the evidence attached to the First Amended Complaint, Sibley also now has required the assigned Judge – John D. Bates – to take judicial notice of the proceedings in the Georgia Administrative Law matter. In that Georgia case, two expert document examiners testified under oath on January 27, 2012, that the certificates of live birth released by Obama appear to be forgeries.
The ball is now in the Court of the Honorable John D. Bates who must decide whether to enforce the law or allow the questions of: (i) Obama’s eligibility to be President and (ii) his alleged criminal behavior to be shielded from determination by his judicial inaction on these questions.
The battery of lawyers Obama must hire now have to fight fires on all fronts, including the ballot challenges being taken in six (6) more states against Obama, are costing taxpayers and Obama a fortune…the ill-gotten gains of Obama’s entire life of lies.
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