count 3 is the false statement charge, not 2. this isn't a civil defamation case. what the defendant knew is irrelevant.
your last statement is wrong.
You're right, I didn't notice the first count was identity fraud and the second was attempt to commit identity fraud. In a false statement, I'm pretty sure lots of laws, including the first amendment, protect your right to make a statement that might not be true. What you know is definitely relevant.
Finally, your excess of concern for this seemingly trivial case really confuses me. Who are you? Why do you care? What do you know that we don't? On the face of it, that indictment looks ridiculous but you claim there's more to there story. Can you back that up with anything?
They presented just as poor of an argument against the article as they claim the article itself did.