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Government POWs
Hammer's Expulsion
DAVID ZEMAN STAFF WRITER
T
he tumultuous trial of ac-
cused Nazi concentration
camp guard Ferdinand
Hammer, slated for Feb-
ruary, may end before it begins.
The U.S. government has asked
that Mr. Hammer be deported
without a trial, contending he has
raised no legitimate defense to
the charges against him.
"It is a bedrock concept of the
American judicial system that we
do not waste the time and mon-
ey of the court system ... when
there is no dispute about the
facts," said Eli Rosenbaum, who
heads the U.S. Justice Depart-
ment's Office of Special Investi-
gations.
U.S. District Judge Horace
Gilmore in Detroit has not yet
ruled on the request. Defense
lawyer William Bufalino II did
not return two telephone calls
seeking comment.
The government's request un-
derscores the difficulty in mount-
ing a successful defense strategy
in deportation cases. Unlike crim-
inal cases, a defendant in a de-
portation proceeding has no
absolute right to a trial, or to a
trial by jury.
Instead, as in any civil lawsuit,
Mr. Hammer must present
enough evidence in the pretrial
phase to challenge the allegations
of the other side. Absent such ev-
idence, Judge Gilmore can find
in the government's favor, with
no trial needed.
In the government's view, Mr.
Hammer, a retired blacksmith
from Sterling Heights, has failed
.to rebut the charge that he lied
about his Nazi past when he
gained entry — and eventual cit-
izenship — into the United
States following World War II.
Mr. Hammer obtained a visa
in 1955 by swearing he merely
served in the German army dur-
ing the war. He later gained cit-
izenship after telling immigration
agents he had been "drafted" into
the "German army SS," but in-
sisting that he "never worked in
a concentration camp, sent any-
one there or tortured anyone."
In fact, the Waffen-SS was
never a part of the German army
and its members were not forced
into service, the Justice Depart-
ment says. The government also
has amassed war documents that
it says points irrefutably to Mr.
Hammer as a guard in the
Totenkopfsturmbann, or Death's
Head Battalion, of the German
SS.
Mr. Hammer and other mem-
bers of this elite corps guarded
inmates and administered bru-
talities at the Auschwitz, Sach-
e
senhausen and Flossenburg
death camps in Poland and Ger-
many and on a transport to Mau-
thausen in Austria, government
lawyers claim.
If true, Mr. Hammer's ties to
the death camps would consti-
tute an act of persecution that
would disqualify him from U.S.
citizenship. Moreover, it would
prove that he lied to immigration
officials to gain entry into the
United States, which itself would
warrant deportation, government
lawyers say.
Indeed, the government has
filed the sworn statement of Earl
Mandel of Southfield, who claims
that he was one of two immigra-
tion examiners assigned to han-
dle Mr. Hammer's naturalization
in 1963. Mr. Mandel said in his
statement that if he had known
The judge will make
a ruling.
Mr. Hammer had been affiliated
with the Totenkopfsturmbann he
"would have recommended de-
nial of citizenship."
Until recently, the list of ex-
pected defense witnesses has
been long on Mr. Hammer's
friends and other "character wit-
nesses," but devoid of anyone
who can contest the records ty-
ing Mr. Hammer to death-camp
duty.
But in a Dec. 1 court filing, the
defense lists an expert who will
purportedly challenge the au-
thenticity of records linking Mr.
Hammer to the infamous camps.
Such testimony, if allowed, could
help corroborate Mr. Hammer's
claim that he is a victim of mis-
taken identity. El
Hey Campers!
Were you ever surprised by a
delicious (or edible) camp
meal? If so, we at The Jewish
News want to know about it
for our upcoming supplement,
a guide to camps and family
fun. Mail or fax us the name
of your favorite camp dish and
the name of the camp along
with your name, age, phone
number and why you liked the
meal. The Jewish News will
attempt to get that secret
recipe so that you too can cook
a gourmet camp meal. Please
send all nominations to Jen-
nifer Finer at The Jewish
News, 27676 Franklin Rd.,
Southfield, MI 48034 or fax it
to (810) 354-6069.
I