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OF,
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A division of the Meade Group
M-59 (Hall Rd) at Schoenherr
across from Lakeside Mall
1-313-726-7900
1-1300-4136-11–AKE (5253),
Extradition Order
Overturned By Court
Washington (JTA) — Disap-
pointment and dismay
greeted a federal appeals
court's decision to overturn
the 1985 court order under
which John Demjanjuk, who
was tried in Israel as the
Nazi guard "Ivan the Terri-
ble," was extradited to
Israel.
The appellate court in Cin-
cinnati also ruled Wednes-
day that Justice Department
prosecutors had committed
fraud when obtaining the
extradition order.
The court did not address
the earlier proceedings that
had removed Mr. Demjan-
juk's U.S. citizenship.
Rep. Charles Schumer,
D-N.Y., called Attorney
General Janet Reno to urge
an immediate appeal of the
verdict to the Supreme
Court.
Nathan Lewin, president
of the International Associ-
ation of Jewish Lawyers and
Jurists, American Section,
said the decision must be re-
viewed.
It is a "tragedy of major
proportions, he said.
The Justice Department
said it was reviewing its op-
tions and "intends, as it
previously stated, to effect
Demjanjuk's prompt
removal from the United
States as soon as his legal
status is resolved," accor-
ding to a statement from
Reno's office that was for-
warded to the Jewish Tele-
graphic Agency.
Alan Dershowitz, a law
professor at Harvard Uni-
versity, said that "if the
standard applied to John
Demjanjuk's extradition
order were applied univer-
sally to all criminal cases,
prison doors around the
United States would be
flung wide open and tens of
thousands of convicted
prisoners would be freed.
"This decision applies a
double standard to Nazi war
criminals that is almost
never applied to other
criminals," he said.
"'Why this court has such a
special solicitude toward a
Nazi collaborator still needs
to be explained," Mr. Der-
showitz added.
A three-judge panel of the
6th U.S. Circuit Court of
Appeals issued the ruling
that targeted prosecutors
working in the Justice
Department's Office of Spe-
Pho to by RNS/ Reu ters
At
ews
John Demjanjuk holds his release papers following his acquittal.
cial Investigations, which
investigates and prosecutes
suspected war criminals liv-
ing in the United States.
According to the decision,
prosecutors working with
the OSI committed
"prosecutorial misconduct"
in stripping the Ukrainian-
borli Mr. Demjanjuk of his
U.S. citizenship and sending
him to Israel, where he was
sentenced to death for being
a Treblinka death camp
guard known as "Ivan the
Terrible."
Mr. Demjanjuk, 73, was
freed by Israel after the
court there ruled that it
could not be proven beyond a
doubt that he had not been a
victim of mistaken identity.
Escorted by family mem-
bers, he returned to the
United States on Sept. 22
and has been living in seclu-
sion at his home in suburban
Cleveland.
At the time, the Justice
Department allowed Mr.
Demjanjuk into the country
on a temporary basis under
the attorney general's parole
authority.
He was allowed to return
to this country so that he
could be present at a trial to
determine whether he
should once again be
deported for having lied
about his past when he first
applied for American
citizenship.
Mr. Demjanjuk was
extradited to Israel from the
United States in February
1986 to stand trial for war
crimes committed as the
sadistic gas chamber
operator at Treblinka. He
was convicted and sentenced
to death in 1988.
But on July 29 of this year,
the Israeli Supreme Court
overturned the conviction.
However, the Israeli court
found that there was com-
pelling evidence that Mr.
Demjanjuk had served as an
SS guard at the Sobibor
death camp and the Flossen-
burg and Regensburg con-
centration camps.
It was on these grounds
that Holocaust survivors
and others, including the
World Jewish Congress,
called for a new trial.
On Sept. 19, the Israeli
Supreme Court upheld the
recommendation of Attorney
General Yosef Harish, who
had argued that a new trial
would not be in the interest
of the state and that a con-
viction was uncertain.
Earlier this year, two
former U.S. Justice Depart-
ment lawyers defended their
actions in an investigation
into the handling of the
Demjanjuk case.
Bruce Einhorn, one of the
lawyers, testified in Los
Angeles on Feb. 5 that he
knew of no documents that
would have cast doubt on
Mr. Demjanjuk's identity.
One week earlier in
Boston, Allan Ryan Jr.,
former head of the OSI,
testified that his office had
not withheld any ex-
culpatory evidence in the
case.
Both former prosecutors
appeared in a court-ordered
review of whether lawyers
for OSI suppressed evidence
that might have cleared
Demjanjuk during the nine-
year investigation leading to
his extradition to Israel. L