2011-2012 PROCEEDINGS IN CLEVELAND
BEFORE JUDGE DAN AARON POLSTER

How is it that the evidence by which Mr. Demjanjuk was stripped of his United States citizenship (twice), extradited (once), deported (twice), convicted (twice), and imprisoned (multiple times) was forged — does not appear to have surfaced in any of the materials produced to date? — Michael E. Tigar, Dennis G. Terez, Vicki Werneke

12 Apr 2012   ON APPEAL FROM THE UNITED STATES DISTRICT COURT

Yet even as this Court was issuing its opinion, individuals in the largest investigative arm of our Department of Justice had in their file cabinets classified and non-classified documents relevant and material to the case against John Demjanjuk.  In those documents, federal agents questioned the very item of evidence about which this Court was holding hearings and writing opinions.  And yet no one from the government shared that evidence with anyone on the defense team or on this Bench. — Michael E. Tigar, Dennis G. Terez, Vicki Werneke

20 Jan 2012   MEMORANDUM OF OPINION AND ORDER

The Court has reviewed the Reconsideration Motion, the opposition brief and the reply, and concludes that there is nothing in Demjanjuk’s Motion which warrants the Court changing its December 20, 2011 decision denying his Motion without a hearing.  Accordingly, the Court DENIES the Reconsideration Motion. — Judge Dan Aaron Polster

19 Jan 2012   REPLY IN SUPPORT OF MOTION TO RECONSIDER

At a hearing, for the first time someone could be questioned about recently declassified documents that have never been subjected to any scrutiny of any kind.  The government instead has pulled back, allowing nothing to be challenged.  That is not a just way to discover the truth, but instead reinforces the lack of trust in the ultimate disposition of this litigation. — Michael E. Tigar, Dennis G. Terez, Vicki Werneke

12 Jan 2012   GOVERNMENT’S OPPOSITION TO DEFENDANT JOHN DEMJANJUK’S MOTION TO RECONSIDER

Demjanjuk’s meritless request for this Court to revisit matters it has conclusively decided is nothing more than an effort to prolong this litigation by any means necessary, and it should be denied. — Steven M. Dettelbach and Lanny A. Breuer

05 Jan 2012   JOHN DEMJANJUK RECONSIDERATION MOTION

A determination as to whether the contents of a report about an FBI investigation are merely speculative cannot be made without a hearing where the evidence supporting and challenging that finding can be presented. — Michael E. Tigar, Dennis G. Terez, Vicki Werneke

20 Dec 2011   COURT DENIES THE MOTION OF JOHN DEMJANJUK

Despite numerous opportunities, Demjanjuk has never provided a single, consistent accounting of his whereabouts during the war years 1942 to 1945.  On the other hand, the Government has provided clear, convincing and unequivocal evidence that Demjanjuk not only lied about his whereabouts during the war, but that he served as a guard at the Sobibor, Trawniki, Majdanek and Flossenburg concentration camps.  Such service during the war made him ineligible as a matter of law for a displaced persons visa, rendering his naturalization illegally procured and subject to revocation. — Judge Dan Aaron Polster

06 Dec 2011   TUVIAH FRIEDMAN WRITES TO KURT WALDHEIM

I had to watch this on the 9 o'clock news, but was not allowed myself to speak out until after I had testified in court.  Upon inquiring when that would be, I was told maybe in six weeks.  In the meantime, I could spit blood and hold my mouth shut. — Tuviah Friedman

07 Nov 2011   ALBERTO MORAVIA: PORTRAIT OF A UKRAINIAN COLLABORATOR

It was only a question of months, he said, before the Germans would be completely defeated, and then it would be all up with him, and at this point he made a gesture that froze my blood, putting his hand up to his neck, as much as to say that the Russians would cut his throat. — Alberto Moravia

27 Feb 1998   ANNE MCLELLAN: AUXILIARY POLICE AND CAMP GUARDS BLAMELESS?

However, recruiting has, for the time being, come to a complete standstill ever since the population of Latvia has learned that the volunteers who were previously recruited were not satisfied.  This is because they were given faulty weapons and are to be employed for guard duty in the Ukraine, even though at the time of their recruitment they were promised to be used to fight Bolshevism at the front. — Einsatzgruppen Report

05 Nov 2011   AN EMAIL FROM LUBOMYR PRYTULAK TO ALLAN A. RYAN, JR.

Dear Professor Ryan:

In your book Quiet Neighbors, you describe your elation in January 1980 at the KGB supplying you with a photocopy of the John Demjanjuk Trawniki ID Card: "You son of a bitch, I thought.  We've got you" [p. 107].

01 Nov 2011   FIVE DEMJANJUK FILINGS IN CLEVELAND

This is one of those highly unusual cases where the government was already found to have lied to federal judges at both the district and appellate levels, and to federal judges in another country.  Those lies put a wrongfully accused man on another country’s death row to await execution.  Government lawyers then promised not to break the rules again after a finding of fraud on the court was made.  The government chose to act contrary to its promises. — Michael E. Tigar, Dennis G. Terez, Vicki Werneke

18 Oct 2011   GOVERNMENT’S OPPOSITION TO DEFENDANT JOHN DEMJANJUK’S MOTION FOR RULE 60 RELIEF

In the legal proceedings that began in 1999 and culminated in his removal to Germany a decade later, he has received more and fairer process from this nation than he could possibly have received from any other legal system in the history of humankind. — Steven M. Dettelbach and Lanny A. Breuer

18 Oct 2011   AFFIDAVIT OF FBI SPECIAL AGENT THOMAS C. MARTIN

He explained the Soviets enjoy having the Demjanjuk trial take place because it takes attention away from atrocities in the Soviet Union, and may drive a wedge between Jews and Ukrainians who are strong allies in the human rights campaign there.  He said, "What is taking place is a Soviet trial in an American court.  The Soviets are doing their work with American hands.  Why doesn't the American government spend their money looking for Soviet spies in the U.S.?" — FBI Special Agent Thomas C. Martin quoting Ukrainian dissident Valentyn Moroz

19 Aug 2010   EVEN THE CREASES ARE WRONG

Also, a soldier will be unlikely to erode the inner crease of his card because he will never pocket the card folded in the wrong direction. — Lubomyr Prytulak

04 Aug 2010   THE KARL STREIBEL SIGNATURE

Streibel did not merely darken the path of his original "e" by retracing it, but rather added a patch which digressed beyond his existing-but-faint loop so as to expand the area enclosed. — Lubomyr Prytulak

10 Jul 2010   BAZILEVSKAYA'S REVENGE

The top of the capital "O" in "Okzow" is in brown ink resembling the brown in the Sobibor line written supposedly six months later. — Lubomyr Prytulak

17 Jun 2010   LARRY STEWART'S COUNTERCLOCKWISE SOLUTION

Move vertically, horizontally and 1^o counterclockwise and you get perfect alignment. — Larry Stewart

15 Jun 2010   WHY IS THE JOHN DEMJANJUK PHOTOGRAPH DOG-EARED?

The inference which the observation of a dog-eared Demjanjuk photograph invites is that it had acquired its wear prior to being attached to Trawniki Card 1393. — Lubomyr Prytulak

03 Jun 2010   TWO LETTERS FROM ILIUKHIN TO ZIUGANOV

This question is extremely important.  It is linked with the utter discreditation of the significance of the Russian archives, the documents stored in them, and, above all, with the discreditation of our national history. — Viktor Iliukhin

26 May 2010   A CLOSER LOOK AT A STAMP-IMPRINT

The chief conclusion that the above evidence invites is that two varieties of ink contributed to producing the upper-right stamp-imprint on the Demjanjuk photograph which is currently glued to Trawniki Card 1393 — one variety of ink producing a relatively clean and sharp edge, and the other variety of ink beading, from which it follows that this particular stamp-imprint could not have been produced by the normal application of a stamp-tool which obtains its ink by being pressed into a stamp-pad. — Lubomyr Prytulak

13 Apr 2010   GERMANY IS GUILTY: JOHN DEMJANJUK DECLARATION TO THE MUNICH COURT

Germany is guilty of creating prisoner of war camps where through purposeful denial of enough food rations I and millions of other Red Army prisoners were sentenced to die of starvation and only with God's help did I survive. — John Demjanjuk

13-го квітня 2010 р.   НІМЕЧЧИНА ВИННА: ДЕКЛАРАЦІЯ ПІДСУДНОГО ІВАНА ДЕМ'ЯНЮКА ПІДЧАС СУДОВОГО ПРОЦЕСУ В МІНХЕНІ

Німеччина винна в тому, що створила табори для військовополонених, де я й мільйони інших червоноармійців було засуджено на голодну смерть, яку я оминув тільки з волі Всевишнього. — Іван Дем'янюк

14 Apr 2010   FOUR STAMP TYPES, FIVE STAMP PATTERNS: ANOTHER INSTANCE OF DEMJANJUK 1393 CARD UNIQUENESS

The first seven instances of uniqueness were taken to be indicative of forgery. And so when we discover that Demjanjuk 1393 has yet another unique feature, that its outside and inside stamps differ, what are we to make of it? — Lubomyr Prytulak

30 Mar 2010   LETTER FROM DEATH ROW

I don't know if you heard that when Judge Levin read the verdict, he proclaimed that if Ukrainians had not helped the Germans, the Germans would never have killed six million.  From all this it is evident that I was tried and convicted out of revenge against the Ukrainian nation, and not for any particular crimes, as they well know that I am not guilty of any. — John Demjanjuk

19 Mar 2010   WHO GLUED THE DEMJANJUK PHOTOGRAPH TO TRAWNIKI CARD 1393?

I have criticized the three-judge panel for refusing to allow the defense document expert, William Flynn, to examine the underside of the photograph contained on the alleged Trawniki identity card, and for other rulings.  As a lawyer, I see it as absolutely incredible that in a capital case a defense expert would not be allowed to do whatever testing he deems appropriate to test the authenticity of the evidence. — William J. Wolf

18 Feb 2010   FORGED AND OBLITERATED: THINGS YOU WON'T READ IN WIKIPEDIA ABOUT THE TRAWNIKI ID CARD'S DEMJANJUK SIGNATURE

In my kitchen in Phoenix, I created four types of inks that, from their components, could have existed in the early 1940s.  Using these, I forged the signatures of the two German officers which appear on the Trawniki card. — William J. Flynn

01 Feb 2010   BLURB BIOGRAPHY OF JOHN DEMJANJUK, SO FAR

Everything written below has been compiled from the accounts of living witnesses, from the testimony of people who worked in Treblinka from the first day of the camp's existence until 02 August 1943 when the doomed prisoners rose up, burned the camp to the ground, and fled into the woods. — Vasily Grossman