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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