http://www.optimum.net/News/AP/Article?articleId=558149
SEVEN HILLS, Ohio, Sat May 09, 12:47 AM
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Immigration agents served suspected
guard John Demjanjuk on Friday with a notice to surrender to an immigration office in Cleveland, his son said — the latest volley in a more than 30-year legal battle over Demjanjuk’s citizenship.
Demjanjuk, of Seven Hills in suburban Cleveland, faces deportation to Germany. An arrest warrant in Munich accuses him of 29,000 counts of accessory to murder at a death camp in
-occupied Poland during World War II.
The notice was served one day after the U.S. Supreme Court declined to hear the 89-year-old suspect’s appeal to stop the deportation.
Demjanjuk Jr. did not say how his father would respond or whether the government set a deadline for surrender.
Anyone subject to a deportation order would be considered a fugitive by federal authorities if he or she failed to surrender by the stated time, according to Julie Myers, assistant secretary of Immigration and Customs Enforcement during the latter part of the Bush administration.
Khaalid Walls, a spokesman for the immigration agency, said ICE was working with Germany on the deportation but would not comment on a timetable.
A Cleveland immigration attorney not connected to the case, David Leopold, predicted Demjanjuk would surrender by Monday, with agents determined to get him on a plane to Germany promptly so they would not have to keep him in custody. The order gives Demjanjuk a chance to avoid a repeat of the spectacle last month when he was carried from his house in a wheelchair as his wife sobbed, Leopold said.
In Germany, Demjanjuk lawyer Ulrich Busch challenged the Munich arrest warrant on Friday, citing 1979 testimony given by a Sobibor camp guard who says he does not remember Demjanjuk from either Sobibor or a training camp where he is also alleged to have served.
The hope is that if the arrest warrant is deemed invalid, then there will be no reason to deport Demjanjuk, his son said.
A separate attempt to block the deportation in Germany failed this week, when a Berlin court ruled the decision lies with U.S. authorities. That decision has been appealed.
Busch, who could not immediately be reached for comment, conceded Thursday, that there was nothing that could be done on the German side to force the U.S. not to deport Demjanjuk.
Demjanjuk, a native of Ukraine, says he was never a death camp guard and maintains he was held by the Germans as a Soviet prisoner of war.
The new motion in Germany to block deportation cites testimony given by a Sobibor camp guard that Demjanjuk Jr. said he found in U.S. prosecutors’ case files.
In the seven-page typewritten statement, dated 1979, the guard, Mikhail Razgonyayev, said he did not remember Demjanjuk from either Sobibor or the Trawniki training camp where he is also alleged to have served.
Razgonyayev, a Soviet soldier taken prisoner by the Germans who then went to work for them, maintains further in the testimony that guards who did not participate in the killings were threatened by their German overseers with being sent to concentration camps themselves.
“Under these circumstances, I find it hard to imagine upon which basis the arrest warrant of the court was issued,” Busch argues in the written filing.
It was not clear when there might be a ruling on the motion, and the court was closed by the time the AP received it.
Justice John Paul Stevens refused Thursday, without comment, to step into Demjanjuk’s case.
Demjanjuk Jr. said Friday there were no plans to appeal to any of the other eight U.S. Supreme Court justices. He said such a move might be seen as a delay tactic, a claim made by the U.S. government about other Demjanjuk appeals.
On April 14, immigration officers went to Demjanjuk’s one-story brick home and carried him out in a wheelchair to take him for a deportation flight to Germany.
Within hours and while Demjanjuk was still in an immigration office at a federal building in Cleveland, his attorney won from an appeals court a stay of deportation that lasted until May 1.
The fight over that appeal featured dueling videos.
The family’s showed Demjanjuk moaning in apparent pain while an immigration officer examined him at home to check on his fitness to travel.
A government surveillance video showed him walking slowly but without assistance. The government said its video proved Demjanjuk was fit to travel.
Demjanjuk was tried in Israel after accusations surfaced that he was the notorious
guard “Ivan the Terrible” in Poland at the Treblinka death camp.
He was found guilty in 1988 of war crimes and crimes against humanity, a conviction later overturned by the Israeli Supreme Court.
A U.S. judge revoked his citizenship in 2002 because of U.S. Justice Department evidence showing he concealed his service at Sobibor and other
-run death and forced-labor camps.
An immigration judge ruled in 2005 he could be deported to Germany, Poland or Ukraine. Munich prosecutors issued an arrest warrant for him in March.
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Associated Press writers David Rising in Berlin, Eileen Sullivan in Washington and Thomas J. Sheeran in Cleveland contributed to this report
Replies
"A government surveillance video showed him walking slowly but without assistance. The government said its video proved Demjanjuk was fit to travel."
They have shown that video repeatedly on the local news. It was from the week before they came to get him. In the video, he walked out of his doctor's office to the paasenger door of a car, opened the door, and got in. All on his own.
"Preach the Gospel at all times; if necessary, use words." - St. Francis of Assisi
No, I didn't vote for him; but he IS my president. I pray for the his safety, and the safety of his family every day. And I pray that he makes wise decisions.
Spose that means he can make it to the plane door. When's he leaving?
http://www.cliffordrenovations.com
http://www.ramdass.org
Article in the paper this monring said he will not contest extradition.
"Preach the Gospel at all times; if necessary, use words." - St. Francis of Assisi
No, I didn't vote for him; but he IS my president. I pray for the his safety, and the safety of his family every day. And I pray that he makes wise decisions.
FYIhttp://www.u-s-history.com/pages/h1685.html"The Einsatzgruppen Trial brought to justice members of the Einsatzgruppen, or death squads, operating behind the front lines in eastern Europe. They killed Jews and other civilians in large numbers. From 1941 to 1943 alone, they murdered more than one million Jews and tens of thousands of political commisars, disabled persons, and gypsies. The 24 defendants in that trial were all officers and faced mass murder charges. The trial lasted from September 29, 1947, until April 10, 1948. The tribunal found them guilty on all counts, except two who were found guilty on only one count. Fourteen were sentenced to death, but only four were carried out. The others were commuted to prison terms of varying lengths. In 1958, all inmates were released from prison."
bobl Volo, non valeo
Baloney detecter WFR
"But when you're a kibbutzer and have no responsibility to decide the facts and apply the law, you can reach any conclusion you want because it doesn't matter." SHG
To further your education, look up "Sonderkommando."
People will do most anything to stay alive in the horrific conditions found in those camps...
I'll chip in for an escalator at the gallows.
The awful thing is that beauty is mysterious as well as terrible. God and the devil are fighting there, and the battlefield is the heart of man.
- Fyodor Dostoyevski
If this is indeed the guy, put him on my plane and I'll fly him back to Germany.
Though it would be a pity if I accidentally dumped him out the door somewhere around 30 west.
how did this escape from the Tavern?
Welcome to the
Taunton University of Knowledge FHB Campus at Breaktime.
where ...
Excellence is its own reward!
Thats what i wuz wonderin
Ya, isn't that a wild thing.
be cellphone taverned
Must be a trick to draw Pete out!!!!
how did this escape from the Tavern?
It is Mother's day, and I know most on here have called the Moderators mothersomethings.
After I posted it I was wondering why I posted it in GD...or did I???
Subconsciously I guess I didn't want Pete to see it.
http://www.cliffordrenovations.com
http://www.ramdass.org