HOME   DEMJANJUK   CLEVELAND  


CLEVELAND 2011 INDEX


SOME KEY PLAYERS IN CLEVELAND 2011

Demjanjuk judge Dan Aaron Polster John Demjanjuk judge Dan Aaron Polster

Sixth Circuit Court biography  


Michael Tigar John Demjanjuk attorney Michael E. Tigar

Duke University biography  
Washington College of Law biography  
Washington College of Law curriculum vitae  


Dennis G. Terez John Demjanjuk attorney Dennis G. Terez

Thomson Reuters biography  


John Demjanjuk on forged Trawniki ID Card John Demjanjuk photo attached by the KGB to forged Trawniki ID Card 1393

Blurb biography


SOME KEY DOCUMENTS IN CLEVELAND 2011


Most-recent documents are at BOTTOM of page


19 Jul 2011   MOTION OF JOHN DEMJANJUK

John Demjanjuk, by his undersigned counsel, moves this Court pursuant to Fed. R. Civ. P. 60(b)(6) and 60(d)(1) and (3) for relief from the final judgment and order in this case, and to set aside that final judgment that ultimately led to Mr. Demjanjuk’s denaturalization and deportation to the Federal Republic of Germany where he now resides.  As more fully set out in the supporting memorandum of law, this motion rests upon the persistent failure of the government to comply with orders and other unambiguous obligations requiring disclosure of discovery materials to the defense.  It also rests upon what the undersigned believe support a finding of fraud on the court for a remarkable third time — once as previously found by the United States Court of Appeals for the Sixth Circuit, once by this Court in prior proceedings, and now the circumstances that give rise to this motion.       READ MORE


19 Jul 2011   MEMORANDUM OF JOHN DEMJANJUK IN SUPPORT OF MOTION

John Demjanjuk, by his undersigned counsel, files this memorandum in support of his motion pursuant to Fed. R. Civ. P. 60(b)(6) and 60(d)(1) and (3) for relief from the final judgment and order, and to set aside that final judgment that led to his denaturalization and deportation to the Federal Republic of Germany where he now resides.       READ MORE 

Exhibit A   28 KB   Timeline (see notice of manual filing)
Exhibit B   28 KB   U.S. v. Demjanjuk, Case No. 99CV1193, Transcripts, Volumes 1-7 (see notice of manual filing)
Exhibit C   1.4 MB   Newspaper Article: “AP Exclusive: FBI thought Demjanjuk evidence faked,” Associated Press, April 12, 2011
Exhibit D   932 KB   Withdrawal Notice of January 21, 2010 from NARA, with FBI Memorandum dated March 4, 1985 attached
Exhibit E   604 KB   FBI Transmittal Communication of March 4, 1985; From SAC Cleveland To Director FBI (blue version)
Exhibit F   804 KB   FBI Memorandum dated March 4, 1985
Exhibit G   472 KB   FBI Transmittal Communication of March 4, 1958
Exhibit H   460 KB   AP Newspaper Article: “Demjanjuk’s lawyer asks to delay trial over authenticity of old Nazi ID card,”, Cleveland.com, April 13, 2011
Exhibit I   348 KB   Memorandum Communications: Demjanjuk FOIA requests; from Bruce Einhorn to Martin Sachs; from Martin Sachs to Neal Sher; dated June 1986
Exhibit J   2.4 MB   Declaration of Michael E. Tigar of July 13, 2011
Exhibit K   2.1 MB   Declaration of John Broadley Pursuant to 28 U.S.C. 1746 of July 14,2011
Exhibit L   724 KB   Newspaper Article: “Public defender in Cleveland seeks to help John Demjanjuk, says case may have been tainted,” Cleveland.com, April 29, 2011
Exhibit M   380 KB   Certificate of Translation of September 16, 2002; re: Soviet Card for Ivan (Andreevich) Dem’Yanyuk
Exhibit N   5.3 MB   Certificate of Translation of April 29, 1996; re: Interrogation Protocol of Vasiliu Nikiforovich Litvinenko
Exhibit O   996 KB   Translation from the German Language; dated April 12, 1987; Service Memo to Prof Dr. K. Konikol
Exhibit P   1.7 MB   Withdrawal Notice of January 21, 2010 from NARA with FBI Transmittal Communication dated March 16, 1981; From SAC Cleveland, To Director FBI
Exhibit Q   1.4 MB   Withdrawal Notice of January 21, 2010 from NARA with FBI Transmittal Communication dated March 27, 1981; From Director FBI to SAC Cleveland Joseph Griffin, Jr.
Exhibit R   2.2 MB   Withdrawal Notices of September 7, 2004, from NARA; Re: John Demjanjuk
Exhibit S   4.1 MB   Withdrawal Notices of September 7, 10, and 15, 2004, from NARA; Re: Judicial Assistance: War Crimes Investigations
Exhibit T   2.7 MB   Withdrawal Notices of September 7, 15, 18, 20, and 21, 2004, from NARA; Re: Justice Dept. Is a dupe of Communist propaganda
Exhibit U   68 KB   FOIA Request submitted to NARA on May 20, 2011, by Vicki Werneke, with 7 withdrawal notices
Exhibit V   68 KB   FOIA Request submitted to NARA on May 20, 2011, by Vicki Werneke, with 25 withdrawal notices attached



21 Jul 2011   SCHEDULING ORDER OF JUDGE DAN AARON POLSTER

The Court hereby GRANTS the motion for an order scheduling briefing on this motion.  Accordingly, the Government shall file a response memorandum no later than 4:00 p.m. on Friday, August 19, 2011, and Demjanjuk shall file a reply memorandum no later than 4:00 p.m. on Friday, September 2, 2011.       READ MORE 


18 Oct 2011   TWO DOCUMENTS FILED BY THE GOVERNMENT

READ MORE   268 KB   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

READ MORE   1.6 MB   AFFIDAVIT OF FBI SPECIAL AGENT THOMAS C. MARTIN
Moroz said, "The Soviets don't need (to get) Demjanjuk. He is not a political force. But what they are looking for is a precedent. If it works, they will try it again and again and again." He contended the Soviet Union cannot be trusted because it faked evidence and has forged documents in the past. He said he and many others have been victimized. 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


01 Nov 2011   FIVE DOCUMENTS FILED BY JOHN DEMJANJUK

READ MORE   160 KB   REPLY BRIEF OF JOHN DEMJANJUK IN SUPPORT OF MOTION PURSUANT TO FED.R.CIV.P.60
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

READ MORE   90 KB   EXHIBIT A: Time Line II
The contents of this CD-ROM are not currently available.

READ MORE   5.3 MB   TRANSCRIPT OF HEARING BEFORE THE HONORABLE THOMAS A. WISEMAN, JR.  29 JAN 1993
ALLAN A. RYAN, JR.  The Trawniki card, if I may say so, is the most analyzed document in the 20th century.  I mean that in a literal way, between here in the trial and Israel.  It has been examined so many different ways by so many scientific tests that I can't imagine what possibly more could be disclosed from the Trawniki card that hasn't been.

READ MORE   741 KB   FORMERLY SECRET INTERNAL FBI COMMUNICATION TO DIRECTOR DATED 08 JAN 1985
JEROME BRENTAR is a longtime activist in the East European emigre community in Cleveland, who has taken up DEMJANJUK's cause, pursuing the theme that DEMJANJUK is being victimized by a persecutorial DOJ, KGB inspired documents falsely indicating he was a guard at the Treblinka concentration camp, and a corrupt Judge.  (Cleveland has advised that Judge Frank J. Battisti has been the subject of a Grand Jury investigation concerning corruption and judicial misconduct.)

READ MORE   388 KB   FORMERLY SECRET INTERNAL FBI REPORT DATED 24 APR 1986
This particular segment attempted to put DEMJANJUK in the most possible bad light by showing different photos that were not photogenic yet left one with the impression that DEMANJUK was crazed and an ogre.



20 Dec 2011   COURT DENIES THE MOTION OF JOHN DEMJANJUK

READ MORE   67.4 KB   MEMORANDUM OF OPINION AND ORDER, DECEMBER 20, 2011
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



05 Jan 2012   JOHN DEMJANJUK RECONSIDERATION MOTION

READ MORE   9.6 MB   MOTION OF JOHN DEMJANJUK TO RECONSIDER MEMORANDUM OF OPINION AND ORDER OF DECEMBER 20, 2011
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



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

READ MORE   53 KB   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



19 Jan 2012   REPLY IN SUPPORT OF MOTION TO RECONSIDER

READ MORE   69.9 KB   REPLY BRIEF OF JOHN DEMJANJUK IN SUPPORT OF MOTION TO RECONSIDER MEMORANDUM OF OPINION AND ORDER OF DECEMBER 20, 2011
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



20 Jan 2012   MEMORANDUM OF OPINION AND ORDER

READ MORE   12 KB   MEMORANDUM OF OPINION AND ORDER, JANUARY 20, 2012
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



12 Apr 2012   VERA DEMJANJUK, EXECUTRIX, BECOMES THE APPELLANT

READ MORE    312.2 KB   ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
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



15 May 2012   UNITED STATES MOTION TO DISMISS

READ MORE    78 KB   UNITED STATES’ MOTION TO DISMISS FOR LACK OF JURISDICTION
Given Demjanjuk’s death, this appeal should be dismissed as moot. — Steven M. Dettelbach, Lanny A. Breuer, Carole S. Rendon, John D. Buretta, Michelle L. Heyer, Susan Masling, Joshua S. Johnson



15 May 2012   UNITED STATES BRIEF

READ MORE    254 KB   BRIEF FOR THE UNITED STATES
Moreover, there is no reason to believe that further discovery would provide any meaningful support for the thoroughly discredited theory that the numerous captured Nazi documents identifying Demjanjuk were Soviet forgeries.  Since his first denaturalization trial, Demjanjuk has argued that the Soviets fabricated evidence against him, but over the course of more than three decades, he has been unable to produce any material support for that claim. — Steven M. Dettelbach, Lanny A. Breuer, Carole S. Rendon, John D. Buretta, Michelle L. Heyer, Susan Masling, Joshua S. Johnson



15 May 2012   UNITED STATES APPENDIX

READ MORE    1.5 MB   APPENDIX FOR THE UNITED STATES
Containing Docket Sheet, Complaint (R. 1), Certification, Certificate of Service — Steven M. Dettelbach, Lanny A. Breuer, Carole S. Rendon, John D. Buretta, Michelle L. Heyer, Susan Masling, Joshua S. Johnson



01 Jun 2012   APPELLANT REPLY BRIEF

READ MORE    188 KB   REPLY BRIEF OF APPELANT
This appeal deals in part with a most remarkable contention.  Once the government is satisfied it has focused this Court’s attention on only two withheld FBI-authored documents, it proceeds to characterize them as something more akin to the work of the Keystone Kops rather than our country’s leading law enforcement agency. — Michael E. Tigar, Dennis G. Terez



   Index finger points up   Most recent




HOME   DEMJANJUK   CLEVELAND