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Will Zuzak; DEMANUK.027 = OSI Corruption within DOJ; 1996-03-26
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Dear readers:
	Over the past several weeks, I have noted the following people
posting DISINFORMATION concerning the John Demjanjuk case on various
newsgroups:
E.H. Agustsson		[eha@itn.is]
larxpur			[larxpur@aol.com]
Mark van Alstine		[mvanalst@rbi.com]
Charles Power		[karlpov@access5.digex.net]
William Anderson	[libwa@larry.cc.emory.edu]
Mike Ross		[mross@dcc.com]
Jaun Rodriguez		[jars@halcyon.com]
Dan Spiegel		[dspiegel@oucsace.cs.ohiou.edu]
Danny Keren		[dkeren@world.std.com]
gera			[sgerman@iil.intel.com]
pgroff			[pgroff@txdirect.net]

	I have no way of knowing if these are professional hate mongers
deliberately spreading disinformation to fan the flames of hatred
against Mr. Demjanjuk or psychologically disturbed individuals who have
become so convinced of Mr. Demjanjuk's guilt that they are incapable of
accepting the fact that Mr. Demjanjuk is innocent. Whatever their proper
categorization, I feel that it would be pointless and counterproductive
to respond specifically to their allegations. They (and the reader) are
referred to the Demjanjuk files (presently)archived at
http://meltingpot.fortunecity.com/pakistan/83/demjanjuk/demjanjukfiles.html
which summarizes much of the information concerning the Demjanjuk case.

	Nevertheless, I do wish to make the following observations:

(1)	By definition, Mr. Demjanjuk is (and will remain) innocent of
all war crimes charges, unless (and until) he is found guilty of some
specific charge in a criminal court of law before a jury of 12 of his
peers.

(2)	To my knowledge, no credible evidence exists indicating that Mr.
Demjanjuk is guilty of any war crimes whatsoever. None of the
KGB-supplied evidence will stand up in a criminal court of law.

(3)	The Jerusalem Lower Court did, indeed, convict and sentence Mr.
Demjanjuk to hang in the spring of 1988 in a classic show trial
orchestrated by judges Levin, Dorner and Tal. Their written verdict is
a complete misrepresentation of the testimony of the witnesses as
recorded in the transcripts. Yoram Sheftel, "The Demjanjuk Affair: The
Rise and Fall of a Show-Trial" accurately describes the shameful conduct
of the court.

(4)	It is now perfectly obvious that the eyewitnesses (Eliyahu
Rosenberg, Gustav Boraks, Pinchas Epstein, Czarny, Chil Rajchman), who
identified Mr. Demjanjuk as being in Treblinka either deliberately lied
or were appropriately conditioned by inappropriate identification
procedures as so well described by Willem Wagenaar in his book,
"Identifying Ivan".
(see http://meltingpot.fortunecity.com/pakistan/83/demjanjuk/DEMANUK.017 )
(and http://meltingpot.fortunecity.com/pakistan/83/demjanjuk/DEMANUK.003 )
	Similarly, in his original interview with OSI agents, Otto Horn
did not identify Mr. Demjanjuk and stated that he had never seen "Ivan
beating, shooting or otherwise abusing any Treblinka prisoner".
( see http://meltingpot.fortunecity.com/pakistan/83/demjanjuk/DEMANUK.006 
and also DEMANUK.011)

(5)	The famous author/historian Nikolai Tolstoy testified on behalf
of Mr. Demjanjuk on Nov. 2 to 5, 1987 (pages T8904 - T9448 of the
English language transcripts). He stated that Mr. Demjanjuk's contention
that he was digging peat moss in Chelm, Poland during 1942-43 was
possible and reasonable under the circumstances of WW2. He became so
incensed with the character assassination and blatant bias that he
refused to testify further unless he received an apology. In urging the
prosecution to curtail cross-examination of Count Tolstoy, judge Levin
was prompted to state: "For the fewer days we have to keep this witness
here in Israel better for everyone concerned for a variety of reasons."
[T9384]

(6)	The maiden name of Mr. Demjanjuk's mother was Juliana Nikonievna
Tabachuk.

(7)	By no stretch of the imagination can prosecutor Michael Shaked
be credited with uncovering new Soviet evidence exonerating Mr.
Demjanjuk. The evidence associated with the Fedorenko trial in
Simferopil was uncovered by the defense (particularly Jaroslav
Dobrowolski) as explained on pages 296 - 308 of Yoram Sheftel's book.
Indeed, the files were being examined by Ukrainian authorities in Kyiv
when they were suddenly transferred to Moscow (after Sheftel informed
Shaked of their existence). Shaked made a secret trip to Moscow to
confirm their existence and corroborate the evidence. (Once again the
infamous KGB - OSI - Israeli connection.)

(8)	The Israeli Supreme Court had little choice but to acquit Mr.
Demjanjuk on July 29, 1993. Just a month previously, Thomas Wiseman had
documented the prosecutorial misconduct of the OSI. His report clearly
indicated that Mr. Demjanjuk had been wrongfully accused of being Ivan
of Treblinka even when the OSI knew that he was innocent. Several major
U.S. TV networks had highlighted stories indicating that Marchenko was
the real Ivan. The Semitimes ran a full issue proving that the Trawniki
ID card was a fake. The whole world was convinced that Mr. Demjanjuk had
been railroaded.
	And the Supreme Court of Israel ruled that Mr. Demjanjuk should
not be prosecuted on other war crime charges, because another trial
would have further revealed the criminal misconduct of both the Israeli
and the American justice systems.
	Sadly, the Supreme Court of Israel compromised itself forever in
the annals of history by attempting to justify the shameful show trial
orchestrated by Levin, Dorner and Tal which had originally condemned
Mr. Demjanjuk to death. This act places Israeli justice on the same
level as the infamous Soviet show trials of the 1930s which condemned
people like Zinoviev, Kamenev, Radek, Bukharin to death.

(9)	This brings us full circle back to the the Office of Special
Investigations (OSI) of the U.S. Department of Justice (DOJ), which
remains guilty of "prosecutorial misconduct constituting fraud on the
court" in obtaining the denaturalization and extradition of Mr.
Demjanjuk.
	Over the years, I have been extremely critical of the OSI. (See,
http://meltingpot.fortunecity.com/pakistan/83/demjanjuk/DEMANUK.004 )
Although the OSI is division of the DOJ, it has nothing to do with
justice at all. On criminal issues, justice can only be meted out in a
criminal court of law by a jury of 12 of the accused's peers (under
rigorous rules of evidence). The OSI does not even attempt to utilize
this process. Instead, although it accuses its victim publicly of
criminal acts, it utilizes civil proceedings (under lax rules of
evidence) to try to prove its victim is guilty of some technicality on
his immigration papers and then attempts to denaturalize and deport him.
	It is high time that the OSI be investigated and disbanded.

(10)	To conclude, I would like to refer Demjanjuk hate mongers to
http://meltingpot.fortunecity.com/pakistan/83/demjanjuk/DEMANUK.007
which is my 16 August 1992 letter to the International Association of
Jewish Lawyers and Jurists in response to their crude attempt to
dissuade the Sixth Circuit Court from re-opening the Demjanjuk case.
	If these people are truly interested in justice, they would be
at the forefront in demanding that the criminals within the OSI be
brought to justice.
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Will Zuzak; DEMANUK.027 = OSI Corruption within DOJ; 1996-03-26
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