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02 December 2005 |
The Canadian Jewish Congress (CJC) web site reproduces a Globe and Mail letter to the editor written by R. Burstyn which names Lubomyr Prytulak. However, the Burstyn letter was in response to two earlier Globe letters which the CJC web site fails to reproduce, the first by Len Rudner and the second by Lubomyr Prytulak. The left column below shows these three letters in chronological order from top to bottom: Rudner-Prytulak-Burstyn. The right column below shows the Prytulak letter as it was submitted to the Globe, with two passages deleted by the Globe presented in bold:
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The Demjanjuk trial |
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Demjanjuk 'evidence' |
"Today we know," says Merritt, "that they � the OSI, the prosecution in the case and the State Department � lied through their teeth. Even then they knew without a doubt that Demjanjuk was not Ivan the Terrible, but they hid the information from us. I am sorry that I did not have the information at the time. If I did, we would never have ruled in favor of his extradition to Israel." Merritt claims that what happened in his courtroom was "nothing short of a witch hunt. In retrospect, it reminds me of the witch trials in Salem, Massachusetts 300 years ago. The prosecution, counseled by the OSI, presented documents and witnesses whose testimony was based on emotions and hysteria, but not hard evidence. To my regret, we believed them. This instance is a prime example of how justice can be distorted." [Yossi Melman, "Who Lied About Demjanjuk?", Ha'aretz, 14-Nov-1997]
Second, the Israelis never discovered any evidence that exculpated John Demjanjuk. What they did do was to respond to overwhelming pressure from many directions to release an obviously-innocent John Demjanjuk, and their "discovery" was one that saved them from embarrassment. That is, they "discovered" that Ivan the Terrible of Treblinka was really some other Ukrainian, Ivan Marchenko, who being dead was in no position to object. This expedient spared the Israelis the embarrassment of having to admit that the expression "Ivan the Terrible," with corresponding deeds, were invented in the 1970's, and had been unheard of prior to that time. |
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Not misinformed |
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THE GLOBE AND MAIL SUPPRESSES THE UKRAINIAN PERSPECTIVE
The first Globe and Mail deletion marked in bold font above reveals Judge Merritt finding an adequate counterpart to Demjanjuk only by casting back three centuries to the Salem witch trials. The Globe and Mail, however, refuses to publish a description of a Ukrainian suffering a wrong of historic proportions at the hands of Jewish leadership even when that description is recommended by a distinguished American Judge and is quoted by a Jewish writer and is published in an Israeli newspaper.
And the second Globe and Mail deletion marked in bold font above to the effect that "Ivan the Terrible of Treblinka" is a fiction created more than three decades after the end of WW II for the special purpose of persecuting John Demjanjuk is also news that is not fit to print on the pages of the Globe and Mail. However, to this day, the "Ivan the Terrible of Treblinka" that was imagined in the series of John Demjanjuk show trials continues to be systematically excluded from scholarly accounts of the Jewish holocaust, as is documented in my letter to Neal Sher at
15-Oct-1998 Lubomyr Prytulak to Neal Sher The Ivan who never was
www.ukar.org/sher07.html.
The "Ivan the Terrible of Treblinka" story is disbelieved not only by all scholars, but also by the vast majority of Treblinka survivors, and can be depended upon to be believed mainly by Jewish leadership, who began believing it only in the 1970s, and who rest their belief on nothing better than a mere handful of "witnesses whose testimony was based on emotions and hysteria."
THE RUDNER-BURSTYN DEFENSE OF ISRAELI JUSTICE IS MERITLESS
Any comment that the United States Court of Appeals for the Sixth Circuit made concerning the quality of Israeli justice expressed an opinion on a question that the court had not been asked to decide, and concerning which it sought no evidence or argument, and that the Court made without full deliberation. The comment, in other words, was obiter dictum � a casual, off-the-cuff, by-the-way, not-highly-relevant, incidental impression that carries small weight:
A remark made, or opinion expressed, by a judge, in his decision upon a cause, "by the way," that is, incidentally or collaterally, and not directly upon the question before him, or upon a point not necessarily involved in the determination of the cause, or introduced by way of illustration, or analogy or argument. Excerpt from "obiter dictum" in Black's Law Dictionary, Revised Fourth Edition, West Publishing Company, St. Paul, Minnesota, 1968, p. 1222. |
Dicta are opinions of a judge which do not embody the resolution or determination of the court, and made without argument, or full consideration of the point, are not the professed deliberate determinations of the judge himself. Obiter dicta are such opinions uttered by the way, not upon the point or question pending, as if turning aside for the time from the main topic of the case to collateral subjects. Excerpt from "dictum" in Black's Law Dictionary, Revised Fourth Edition, West Publishing Company, St. Paul, Minnesota, 1968, p. 541. |
The question before the court is whether attorneys in the Office of Special Investigations (OSI), a unit within the Criminal Division of the Department of Justice, engaged in prosecutorial misconduct by failing to disclose to the courts and to the petitioner exculpatory information in their possession during litigation culminating in extradition proceedings, which led to the petitioner's forced departure from the United States and trial on capital charges in the State of Israel. For the reasons stated herein we conclude that 0SI did so engage in prosecutorial misconduct that seriously misled the court. John Demjanjuk v Joseph Petrovsky, United States Court of Appeals for the Sixth Circuit, 17-Nov-1993, pp. 1-2 www.ukar.org/sixthc00.htm |
Our sole concern in these proceedings, which began with entry of our order of June 5, 1992, has been to determine whether any acts or omissions of Department of Justice attorneys resulted in the district court and this court improvidently approving extradition of Demjanjuk to Israel in this habeas corpus action. John Demjanjuk v Joseph Petrovsky, United States Court of Appeals for the Sixth Circuit, 17-Nov-1993, p. 40 www.ukar.org/sixthc00.htm |
For the reasons set out herein we vacate the judgment of the district court and the judgment of this court in the extradition proceedings on the ground that the judgments were wrongly procured as a result of prosecutorial misconduct that constituted fraud on the court. John Demjanjuk v Joseph Petrovsky, United States Court of Appeals for the Sixth Circuit, 17-Nov-1993, p. 40 www.ukar.org/sixthc00.htm |
28-Feb-1990 James Traficant in the Congressional Record The Case for John Demjanjuk, Sr.
www.ukar.org/trafic03.htm#E
17-Jun-1990 UABA in The Ukrainian Weekly 60 Minutes finds Maria Dudek, OSI suppresses Pilichowski letter
www.ukar.org/uaba01.html
25-May-2000 Lubomyr Prytulak to Martin Mendelsohn Three questions
www.ukar.org/mendel02.html
It was the American OSI that spoliated the Pilichowski letter, but if the Israelis were not complicit in that spoliation, then they can at least be faulted for having benefitted from it, and for never having discovered and protested it themselves, and for never having publicly rebuked the OSI for it after it had been discovered by others.
But on top of reaping the fruits of OSI fraud, the Israelis piled on fraud of their own, of which it would be a needless digression to cite more than two examples.
The first of the two examples of Israeli suppression of exculpatory evidence that will suffice relates to the only documentary evidence which placed John Demjanjuk in German uniform � the Kremlin-supplied Trawniki ID card www.ukar.org/idcard.html. The Kremlin was so fearful of being called upon to vouch for the Trawniki ID card's authenticity, and to disclose its chain of custody, that it refused to hand the card over to the Israelis directly, but only allowed it to be transported to Israel by American citizen Armand Hammer who came with the advantage of presenting the appearance of lacking Kremlin membership, and of presenting the appearance of lacking qualification to comment on the card's authenticity, as would befit a disinterested party performing no more than the work of a courier. On top of participating in this cover-up of the Trawniki ID card's chain of custody, Israel can be faulted for its suppression of the BKA opinion, as explained below. That is, Israeli Police Superintendent Amnon Bezaleli, having received the Trawniki ID Card from Armand Hammer, transported it to the world's leading forensic laboratory for authenticating Third-Reich documents � the Bundeskriminalamt (BKA), or Federal Criminal Police Office, in Wiesbaden, Germany. Upon the BKA informing Bezaleli that the card appeared to be an amateur forgery, Bezaleli demanded that the BKA terminate its analysis and return the card to him, and the Israelis proceeded to convict John Demjanjuk and sentence him to death � relying heavily on the authenticity of the card � without informing the defense of the BKA opinion. An account of the BKA matter can be found in my letter to Alan Dershowitz in the section titled Where Were the Experts? at
14-May-2001 Lubomyr Prytulak to Alan Dershowitz The Trawniki Identification Card
www.ukar.org/dersho09.html#Experts.
It is a measure of the relentless mendacity of Jewish leadership that it continues to this very day to rely on the Trawniki ID card in its persecution of John Demjanjuk, while also continuing to this very day to keep that card from being handed over to the BKA for a definitive analysis, as has been protested to Russian President Vladimir Putin, who houses the card within Kremlin walls, at
16-Dec-2004 Lubomyr Prytulak to Vladimir Putin You must allow the BKA to examine the Trawniki ID card
www.ukar.org/putin/putin22.html
The second of the two examples of Israeli suppression of exculpatory evidence that will suffice was Israeli prosecutors extracting from Richard Glazar his promise not to testify at the Demjanjuk trial even though Glazar was believed to have been at Treblinka ten months, and even though he was at the time of the Demjanjuk trial writing a book on his Treblinka experiences:
08-Sep-1979 Richard Glazar to Norman Moscowitz I could see you in your office
www.ukar.org/glazar02.html
27-Sep-1988 William J. Wolf tapes Richard Glazar Maybe, maybe, maybe, maybe
www.ukar.org/glazar.html
11-Dec-1988 Roma Hadzewycz interviews William Wolf Wolf says Glazar mum
www.ukar.org/wolf02.htm
24-Dec-1988 John Broadley to Richard Thornburgh Broadley demands interview reports
www.ukar.org/broadl01.html.
Len Rudner claiming that "it was the Israelis who discovered the evidence that eventually led to Mr. Demjanjuk's acquittal" is Israeli spin on the reality that when they found themselves unable to pin the title of "Ivan the Terrible of Treblinka" on John Demjanjuk, they turned around and pinned it on another Ukrainian, Ivan Marchenko, whose acquiescence was guaranteed by his being dead. The Israelis were forced to acquit John Demjanjuk on the strength of the evidence and the arguments presented by the Demjanjuk defense, all of which the Israelis had long been privy to. The Israeli "discovery" of Marchenko served the purpose of continuing to defame the Ukrainian people by perpetuating the myth of a Ukrainian "Ivan the Terrible of Treblinka," and which fresh fabrication being even flimsier than the one against Demjanjuk, would be incapable of exculpating Demjanjuk in any court adhering to Western standards of justice.
THE CANADIAN JEWISH CONGRESS STRANGLES THE FLOW OF INFORMATION
As neither you, the National President of the Canadian Jewish Congress, nor any other CJC representative, is elected, none of you is able to lay claim to representing the Jewish people, as you have already seen documented at
26-Jul-2004 Lubomyr Prytulak to Ed Morgan Jewish Complaints of Canadian Jewish Congress Authoritarianism
www.ukar.org/morgan/morgan09.html.
What the CJC web site publishing only the last of the three Globe and Mail letters above adds to the picture of unelected CJC leadership is the detail that the unelected CJC leadership suppresses dissenting views, which is fully compatible with spoliation having been the chief tactic relied upon by CJC wunderkind Steven Rambam (former collaborator with Irwin Cotler in the 60 Confessions Hoax, and particularly beloved of Irving Abella) in his recent failed attempt to shut down UKAR using the venue of the Los Angeles Superior Court. The CJC modus operandi of suppression of information is evident as well in the wholesale spoliation of Prytulak documents in the ongoing Canadian Human Rights Commission (CHRC) case of CJC v Prytulak, as is manifested most clearly in the CHRC confession of Mary M Gusella having withheld the 29-Jul-2005 Prytulak Comment from Disposition Committee member Aimable Ndejuru for the purpose of obtaining his anti-Prytulak vote fraudulently.
The CJC intolerance of dissent contrasts startlingly with the Prytulak practice of publishing alongside his own views all CJC documents, as for example the original CJC complaint which is available for all the world to examine at www.ukar.org/chrc/cjc01.html. Reciprocity would require the CJC publishing on its web site not only its own submissions to the CHRC, but Prytulak submissions as well, which reciprocity is unlikely to be realized given that over the two years of CHRC proceedings to date, the CJC hasn't so much as mentioned the existence of CJC v Prytulak proceedings on its web site, or in fact in any public forum.
Another instance of the CJC suppression of information, then, is the CJC going so far as to deny its web-site visitors not merely Prytulak submissions, but all information relating to CJC v Prytulak. Such total silence is compatible with the interpretation that CJC leadership is aware that its persecution of Prytulak is meritless and vexatious, and aware that its misconduct in the persecution is reprehensible, and that it is afraid to disclose any of it even before the very community that it claims to represent and that may be expected to receive the information with the greatest sympathy. CJC absolute silence on the matter of CJC v Prytulak is indicative of consciousness of a wrongdoing that the CJC is anxious to hide not only from Canadians generally, but even from the Jewish community.
It does not escape notice that in the persecution of both John Demjanjuk and Lubomyr Prytulak, Jewish leadership proceeds not by relying on law, but by discovering pockets of corruption, which can be relied upon to subvert the law, hidden within otherwise reputable justice systems. Steven Rambam had been able for a time to vex Prytulak only by relying on the pocket of corruption which he found in Los Angeles Judge James R. Dunn's courtroom. The Canadian Jewish Congress has been able to vex Prytulak for a time only by relying on the pocket of corruption which it has found in Mary M Gusella's Canadian Human Rights Commission. The method used against Lubomyr Prytulak in these two cases has been the same unsubtle method used against John Demjanjuk � the spoliation (suppression or destruction) of documents.
These three instances of Jewish-leadership corruption of justice, as well as others, cannot be blamed on Jews collectively, as Jews collectively did not implement them and did not support them, and in fact were as little aware of them as were non-Jews. These instances of corruption of justice can only be blamed on a Jewish leadership which is unrepresentative of the Jewish people and which acts contrary to their interests, and which fears the Jewish people discovering the wrongdoing that their unelected leadership practices, and fears above all else the Jewish people replacing its unelected and lawless leadership with democratic leadership that sets as its first task the elimination of the integrity deficit which cripples and disgraces such organizations as the Canadian Jewish Congress.
Lubomyr Prytulak
cc:
Irving ABELLA, National Honourary President, CJC, Department of History, York University, 4700 Keele Street, Toronto ON M3J 1P3
Hon. Irwin COTLER, Minister of Justice and Attorney General of Canada, 284 Wellington Street, Ottawa ON K1A 0H8
Phillip CRAWLEY, Publisher and CEO, The Globe and Mail, 444 Front Street West, Toronto ON M5V 2S9
Mark J FREIMAN, CJC lawyer, McCarthy Tetrault, Suite 4700, Toronto Dominion Tower, Toronto ON M5K 1E6
Mary M GUSELLA, Chief Commissioner, CHRC, 344 Slater Street, Ottawa ON K1A 1E1
Rt. Hon. Paul MARTIN, Prime Minister, Office of the Prime Minister, 80 Wellington Street, Ottawa ON K1A 0A2
J. Grant SINCLAIR, Chairperson CHRT, Suite A100, Floor 11, 160 Elgin Street, Ottawa ON K1A 1J4
Giacomo VIGNA, CHRC lawyer, 344 Slater Street, Ottawa ON K1A 1E1