Prosecutors filed documents late Tuesday in U.S. District Court in Cleveland about the card, the lack of investigation by the FBI that went into examining it and how an attorney for Demjanjuk may have known about the FBI's concerns in 1985.

The 91-year-old former Seven Hills man was convicted in May in Germany of being an accessory in the deaths of more than 28,000 people for his role as a guard at a Nazi death camp. The guard pass has been a key document that authorities say places Demjanjuk in Nazi service.

Attorneys for Demjanjuk want him returned to the United States because they say prosecutors withheld documents that could have helped his defense. They want U.S. District Judge Dan Aaron Polster to order hearings on why prosecutors' failed to turn over documents.

They cited a Cleveland FBI agent's memo in 1985 that said the Nazi card could be a type of document that "was quite likely fabricated by the KGB." They stressed the report was not turned over to the defense, and its impact in Demjanjuk's case "is incalculable."

But prosecutors said in court documents Tuesday that they didn't know about the Cleveland FBI's monitoring of Demjanjuk, as the information was never turned over to them. They included another FBI agent's note that said "the Cleveland case on Demjanjuk was not for [federal prosecutors'] consumption since complaints received at the Cleveland office indicated KGB handling of evidence in the Demjanjuk trial and other wrongdoing" that could develop into a counterintelligence investigation.

Prosecutors also filed a report that contained hundreds of pages of documents and interview notes that previously had been sealed. The prosecutors' filings included an affidavit of former Cleveland FBI agent Thomas Martin, who worked counterintelligence and wrote the report Demjanjuk's defense team has highlighted. He said he never saw the original identification card and never did any investigation on his suspicions.

In 1984, the Cleveland FBI interviewed Rudolf Reiss, who served as an administrator at the Trawniki guard camp, where U.S. judges have ruled that Demjanjuk received his training. Reiss pointed out inaccuracies on the card, including its seal. "Reiss indicated that the Trawniki card was not legitimate," the FBI report said. Prosecutors say his criticism has been proven false.

Prosecutors have stressed that Reiss went to the FBI with Jerome Brentar, a Cleveland travel agent who sought to prove Demjanjuk's innocence by suggesting the likelihood of Soviets forging Nazi documents. Prosecutors have said Brentar, who died in 2006, was a Holocaust denier.

The card has been tested several times in Demjanjuk's three-decades-long legal fight and U.S. judges found it to be authentic. He was first accused of being a Nazi guard in 1977, when authorities identified him as being a sadistic guard at the Treblinka death camp. He was extradited to Israel, convicted, sentenced to death and released after another man was identified as being the guard.

Dennis Terez, the federal public defender in Cleveland who is representing Demjanjuk, declined to comment.

Facts:

RESULTS of "Criminal" proceedings in Demjanjuk case:
- US Extradition to Israel proceeding permitting Demjanjuk to be forced to Israel was overturned by US 6th Circuit Court of Appeals due to fraud on the court perpetrated by US DOJ. No sanctions against US prosecutors but new rules set in place throughout DOJ on how to deal with evidence and discover obligations. So Demjanjuk should have never been sent to Israel and never spent 7 yrs in prison and 6 yrs in a death cell.
- Israeli indictment of Sobibor and Treblinka result in conviction and death sentence later overturned on appeal by Israeli Supreme court and any new case based upon Sobibor alone rejected by Israeli Attorney General as unsubstantiated based upon same body of evidence used in Germany. Decision upheld by Israeli Supreme Court.
- Country of Poland conducts criminal investigation since that is where Sobibor was located and concludes no evidence Demjanjuk committed a crime.
- Germany conducts political show trial with family of Sobibor victims outnumbering media reps and does not permit ID card to be fully analyzed, specifically they did not analyze the alleged "Demjanjuk" signature on the card. (nor did US "experts"). Huge cache of KGB derived evidence related to subject still held in Russia (File 1627) and Germany refused to even ask for it. DECISION ON APPEAL

RESULTS of "Civil" (US Immigration) proceedings in Demjanjuk case:

- Original Denaturalization case (1981) overturned by US Federal District Court due to DOJ Fraud (unrelated to Treblinka Ivan the Terrible Fraud previously found by 6th Circuit). Demjanjuk's citizenship restored. Decision was made "without prejudice" allowing DOJ to go after Demjanjuk again.
- Second Denat case results in Demjanjuk losing citizenship again. (this and the case mentioned above now under review by Federal District court due to evidence being withheld by DOJ AGAIN.)
- Second Denat case results in Demjanjuk being found deportable again. Rather than request extradition to Germany like in the Israeli case (proper legal route but difficult for DOJ and Germany), Germany accepts him as a deportee as if he were being sent home.

If you find this to be an example of justice being served, that is your opinion. I believe the history of this case shows he has been a victim of the Germans and the DOJ which has been a black eye on our judicial system while for over 30 yrs, Demjanjuk was nothing but an excellent citizen, employee (Ford Motor), tax payer, friend, neighbor, and family man. US prosecutors should be held to a higher standard than a former Red Army soldier with a 4th grade education who was nearly killed fighting the Nazis, became a German POW and against whom there is no credible evidence to prove he ever harmed a single person.

The fact that there are highly respected attorneys and distinguished law professors that have been representing Demjanjuk pro bono and a Federal Public Defender (not to mention D's family) that continue to fight for justice in the Demjanjuk case should invoke some common sense notions of an injustice in need of correction. If Demjanjuk were truly guilty of nazi crimes, nobody would care and he would have swung by the Israeli gallows long ago.