US attorneys work for the US DOJ, but obviously some of these were appointed by Bush. They can be fired by the current president at his will, but if Obama is at his last gasp politically its not impossible for a fearless Bush appointed US attorney to attempt to prosecute Gibbs.
Since we are talking about the COLB, here is the relevant Polarik vid from his youtube channel, start at 1:30 to get to the point:-
http://www.youtube.com/user/TheDrRJP#p/c/C2281523DF8C0230/6/BbpjYeZXaVs
Mr Gibbs has publicly admitted his hand at putting this on the Internet. This would all be too late to assist Lt. Col Lakin, but at least it would force Obama to act, possibly in a way that will expose him.
Just ID? Like a library card or parking garage stamp? Nope, not necessarily. We're talking about a state document, not a federal document. It only becomes a federal case if that state document is used in a scheme to assume a person's identity, and that conspiracy to assume someone's identity involves interstate commerce, or some other plainly federal jurisdiction.
Just creating a false image of a birth certificate isn't necessarily a federal crime - in fact, it's not necessarily any crime at all - as I said, it's dependent entirely on the circumstances. Did the person who "mocked up" the document to so with the intent to commit crime?
"US attorneys work for the US DOJ, but obviously some of these were appointed by Bush. "
All but one or two of the current USAs were appointed by Barack Obama. Assistant US attorneys are career positions. They are not appointed. They are hired and they do not serve at the pleasure of this president, or any president. They are civil servants. Some were hired by Obama, Bush, Clinton, Bush and Reagan (maybe even Carter).
"Mr Gibbs has publicly admitted his hand at putting this on the Internet. "
Tell me counselor, what crime are you going to charge Gibbs with? And, before you answer that, look up the definition of "mens rea".