If Taitz has a document (or if the hoaxster gave a document to anyone), then this law may apply. But a PHOTO of a document is not an identification document and so, if all the guy did was take a photo and send a photo to Orly, then this law does not apply.
Or, I should say, I don’t see how this law would apply.
If the forger produced a forged identity document consisting of a birth certificate purportedly issued by a foreign government, then sent a copy of the document (whether a scan or a photograph, doesn’t matter) by electronic means or in the mails, the section will apply. Even merely “possessing” the document in a way that affects “interstate commerce” brings the activity within federal law.
"including the transfer of a document by electronic means"
Because, the photo is evidence that the document was produced, that is sufficient.
wouldn’t the copy have been made, then photographed and either electronically transmitted or mailed? even if it was scanned, or generated in photoshop or some other image editing/graphics software, it was still made in one of those forms and transmitted somehow.
That to me seems to fit the bill, but I’m not a lawyer - I just have read an awful lot of legal garbage, so my brain may be stew as it is...