Washington, DC -- (SBWire) -- 02/01/2012 --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.”

In this instance, in the Court pleadings Sibley has alleged that Obama may have violated a Federal criminal law, to wit, 18 U.S.C. §1343, “Fraud by wire, radio, or television”. That statute makes it a Federal felony offense to: “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.”

Sibley alleges in the Court case that the particular event which may constitute wire fraud is Obama’s posting on the Internet at whitehouse.gov of the his putative “Certificate of Live Birth” on April 27, 2011.

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.