Ed Nishnic via Will Zuzak; DEMANUK.016 = Nishnic Nov 1994 update; 1994-11-06
Dear UKES and s.c.u netters:

    This is an update on the John Demjanjuk case since the last posting on
April 22, 1994.

(1) In late May 1994 the U.S. Department of Justice filed an appeal to the U.S.
Supreme Court asking the court to consider arguments against the finding of
fraud by the Sixth Circuit Court of Appeals.In support of the government's
appeal, amicus briefs were submitted by Congressman Gerald Nadler (written by
Elizabeth Holtzman), the World Jewish Congress and other Jewish organizations.

(2) The U.S. Supreme Court denied the Justice Department's (OSI) appeal without
comment on October 3, 1994.

(3) On October 6, 1994, it was announced that Federal Judge Frank Battisti (who
presided over Mr. Demjanjuk's denaturalization and extradition cases)  was in
the intensive care unit of Cleveland Clinic allegedly suffering from Rocky
Mountain spotted fever that resulted from a tic bite obtained while fishing a
month earlier in Montana. Judge Battisti died about 2 weeks later.

(4) On October 31, 1994, the Demjanjuk defense filed a motion to dismiss the
denaturalization case against Demjanjuk with prejudice based upon the fraud
that was established by the Sixth Court of Appeals and affirmed by the U.S.
Supreme Court.

(5) On November 1, 1994, the Cleveland Plain Dealer reported that Senior
Circuit Judge Robert Krupansky assumed Judge Battisti's docket which includes
the Demjanjuk matter.

(6) Defense lawyer Yoram Sheftel's book titled The Demjanjuk Affair was
released in England on Nov. 1, 1994. ISBN 0 575 05795 5
Publisher: Victor Gollancz Ltd.
    The French edition is scheduled to be released Nov. 7, 1994 in Paris.

(7) On November 6,1994, Ed Nishnic and his wife Irene updated Montreal's
Ukrainian community on the latest developments in the John Demjanjuk case. One
of the primary concerns discussed was the suggested use of denaturalization and 
deportation proceedings in Canada. Mr. Nishnic strongly suggests a swift
opposition to such a notion.  The current Canadian war crimes legislation
provides the necessary legal safeguards required for these complex cases
prosecuted some 50 years after the fact. The United States is the only country
in the free world that DOES NOT provide criminal trials for those accused of
war crimes.  Denaturalization trials are civil in nature and DO NOT provide
the rigorous rules of evidence or due process afforded to criminally accused
defendants.  The sad irony is that the accused in a denaturalization trial is
in essence accused of criminal activity, yet forced to defend themselves
against a misrepresentation on immigration applications.  The Demjanjuk case
is an example of what can go wrong in a denaturalization case.  This matter
should not be the concern of only Ukrainians or other ethnic communities but of
all free thinking people interested in due process. To lower the standards of
due process now afforded to all accused is a step backwards.   

Ed Nishnic via Will Zuzak; DEMANUK.016 = Nishnic Nov 1994 update; 1994-11-06