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10

DEBRA NUSSBAUM COHEN SPECIAL TO THE JEWISH NEWS

ew York (JTA) — The de-
cision by Israel's
Supreme Court clearing
John Demjanjuk of
charges that he was "Ivan the
Terrible" did not exonerate the
ex-Nazi of having served as a
death camp guard.
But Holocaust historians and
activists are concerned that the
court's decision to free Mr.
Demjanjuk may be used by
Holocaust revisionists as a vin-
dication of their version of his-
tory.
"The Holocaust denial move-
ment just got a booster shot,"
said Charles Allen Jr., an au-
thority on Nazi war criminals.
"The results of the trial are
fueling the revisionists, who say
that this didn't happen," agreed
Eva Fogelman, founding direc-
tor of the Anti-Defamation
League's Jewish Foundation for
Christian Rescuers. "It's an-
other example of them saying
`the Jews put someone to trial
and he didn't do anything.' "
The Israel Supreme Court
ruled there was reasonable
doubt about Mr. Demjanjuk's
identity as the sadistic Nazi
guard at the Treblinka death
camp known as "Ivan the
Terrible." But the justices also
noted clear evidence exists that
Mr. Demjanjuk trained to be a
Nazi guard and that he may
have served as a guard at
Sobibor.
"I find it morally, if not legal-
ly, disturbing that somebody
who was working actively as a
guard in death factories should
simply be seen as having been
an innocent victim of a justice
system that somehow went
awry," said Walter Reich, senior
scholar at the Woodrow Wilson
Center, a Washington-based
think tank.
Activists are also concerned
that the Israeli court's ruling
will have a negative impact on
other countries' willingness to
prosecute Nazi war criminals.
It will be used by "govern-
ment bureaucrats in Canada,
Australia and Iceland who have
been dragging their feet on this
issue for years," according to
Rabbi Marvin Hier, dean of the
Simon Wiesenthal Center.
"They'll use it as an opportuni-
ty to argue that they should not
proceed" with cases against
Nazi war criminals who have
found refuge in their countries.
Mr. Reich agreed. "It may
make government authorities
more wary of pursuing cases,
and may put into question, to a

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greater extent, the whole effort'
at trying to prosecute Nazi war
criminals," he said.
The ruling will have special
resonance for the U.S. Office of
Special Investigations, the arm -(
of the Justice Department that
prosecutes war criminals. It =<
was this office that originated
the case against Mr.
Demjanjuk.
Opponents of OSI "are going
to run with it," Mr. Allen said.
The verdict could have an "ex-
ceedingly dangerous impact" <
on the future of prosecutions.
Sheldon Klein, general sec-
retary of the International
Association of Jewish Lawyers
and Jurists, added, "The dan-
ger is that groups and people
who sought to shut OSI down
in the past will take comfort in
the ruling."
But Rep. Tom Lantos, D-
Calif., himself a Holocaust sur-
vivor, said the verdict would
have "no bearing whatsoever"
on the prosecution of Nazi war
criminals.

Will other
prosecutions be
ended?

If anything, he said, those
wanting the "monsters to be
brought to justice will have
their determination steeled by
this exercise." 0

Lary Smith
Is Sentenced

Washington (JTA) — Former
U.S. Rep. Larry Smith, D-
Fla., known as a strong sup-
porter of Israel during his
years in Congress, was
sentenced this week to three
months in federal prison for
tax evasion and campaign
reporting violations.
Mr. Smith, who served six
terms in Congress represent-
ing a Miami-Fort Lauder-
dale district, pleaded guilty
in May to charges of filing a
false campaign report and
evading taxes.
He was sentenced and or-
dered to begin his prison
term Nov. 1. 71