Here’s why such a hearing hasn’t taken place.
Letter from Maricopa County Attorney Bill Montgomery to a concerned citizen, named Brian Reilly about why the prosecutor has not launched an investigation under Arizona Revised Statute, Chapter 23, Sec. 13-2311 which states in part, “…any person who, pursuant to a scheme or artifice to defraud or deceive, knowingly falsifies, conceals or covers up a material fact by trick, scheme or device or makes or uses any false writing or document knowing such writing or document contains any false fictitious or fraudulent statement or entry is guilty of a class 5 felony.”
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.
Sincerely,
Bill Montgomery
Maricopa County Attorney
Per Maricopa County Attorney Bill Montgomery on 9/22/12:
“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.”
See this link for a source and date of the letter posted by NG:
That letter is out of date because it was BEFORE Arpaio and Zullo obtained the report from a court certified digital document expert confirming the forgery of the BC beyond any doubt.
Montgomery was exercising prosecutorial discretion in not going forward back in September 2012 and being GOP-e he could still be holding back using his discretion.
If Montgomery or another state AG or county AG has decided to turn this into a live criminal investigation, that could very well be confidential at this point.
As Arpaio and Zullo state in their affidavit in AL, they strongly advocate a congressional investigation of what they regard to be a certified fraudulent document.