Richard Rashke - Useful Enemies

480 “Had I known that such a thing”: A composite quote taken from Haberman, “Acquittal in Jerusalem,” and from Friedman.

480 “I…. I… Czarny Yosef”: Haberman, “Acquittal in Jerusalem.”

480 “I lost my whole family”: Ibid.

480 “Why should a survivor come forward”: Ibid.

481 “It’s a great day”: Ibid.

481 “I am not looking for justice”: Kuropas.

481 “In retrospect, perhaps it would have been better”: Haberman, “Acquittal in Jerusalem.”

481 “The Israeli Supreme Court showed”: “What Now for Ivan the Acquitted?”

481 “The decision was impressive”: Lesie.

481 “His nationality is enough to make him guilty:” This and following quotes are from Kuropas, Lesie, Fletcher, and McIntyre.

482 “On a technicality”: Labaton.

483 “Reasonable is not the same as correct”: Gordon.

483 “We have no choice but”: Ibid.

484 “You bring shame to the Jewish people”: Ibid. 484 “I had two acids”: Reine and Gordon.

484 “We will make justice”: Gordon.

484 “As far as I am concerned”: Haberman, “Acquittal in Jerusalem,” is quoting Hagai Merom.

484 “I am very sad”: Parks.

484 “[Israelis] are fed up”: Haberman, “Demjanjuk is Free to Return to U.S.”

484 “Preposterous”: Hoffman and Haberman, “Israeli Judges Hear Demjanjuk Charge Conspiracy.”

Bernard J. Dougherty, Jr., to Arthur Sinai, Deputy Director, OSI. Subject: Horn, Otto—Report of Interview. Undated OSI memo.

Excerpt of the KGB interrogation of Nikolay Petrovich Malagon, March 18, 1978, and Oct. 2, 1979. From the “Fedorenko Protocol.” English translation.

Excerpt of the KGB interrogation of Pavel Vladimirovich Leleko, Feb. 20, 1945. From the “Fedorenko Protocol.” English translation.

Feigin, “John Demjanjuk—An Appropriate Prosecution Initially Brought, in Part, Under the Wrong Factual Predicate.” The Office of Special Investigations.

Garland, George W., Historian, to Arthur Sinai, Deputy Director, OSI. Subject: Horn, Otto. Report of Interview. Undated OSI memo.

Memorandum To: Walter J. Rockler and Allan A. Ryan, Jr., Deputy Director, Litigation. Date: February 28, 1980. #146–2-47–43 SI. From: George Parker, Trial Attorney. OSI memo.

United States Court of Appeals for the Sixth Circuit. John Demjanjuk, PetitionerAppellant, v. Joseph Petrovsky, et al., Respondents-Appellees, No. 85–3435. Argued September 3, 1993, decided November 17, 1993. And Judgement Entry…Supplemental Opinion…Findings of Fact. Case No. 1:99CV1193.

United States Court of Appeals for the Sixth Circuit. United States of America v. John Demjanjuk, 367 F. 623. Argued December 10, 2003, decided April 30, 2004.

United States District Court for the Northern District of Ohio, Eastern Division. United States of America v. John Demjanjuk a/k/a Iwan Demjanjuk, Case No. 1:99CV1193. May 29, 2001. Transcripts.

Wiseman. Report of the Special Master.

Zazak, W. W. Critique of Wiseman’s Report, October 12, 1993.

487 The Cleveland mistrial petition is based on Battisti, Memorandum Decision and Order.

489 The first was a cable about: The cable read: “Embassy has received material from MFA [Ministry of Foreign Affairs] concerning Fedorenko under a cover note dated August 11. Among these materials are excerpts from the minutes of interrogations of…” Sheftel has reproduced copies of this and other cables, 382–89.

490 The author of the Polish list of former Treblinka guards was Stanislaw Wojtczak.

493 “Deceived the court by being intentionally false”: Wiseman, 151.

493 “Failing to ask questions regarding”: Ibid., 165.

493 Quotations and analysis of the Sixth Circuit Court of Appeals are from: John Demjanjuk, Petitioner-Appellant v. Joseph Petrovsky, et al., Respondents-Appellees.

494 The American Bar Association reviewed: Feigin, “John Demjanjuk,” 165–67.

495 OPR overturned the findings: Ibid.

Much of the Munich trial testimony is based on trial summaries provided by Dr. Margrit Grubmüller. They are used with her permission.

“As Demjanjuk Trial Opens, Defense Presents Him As a Victim,” Deutsche Welle, Nov. 30, 2009.

Author’s interviews and correspondence with German defense attorney Maja von Oettingen.

“Demjanjuk Presents German Law With An Almost Impossible Problem.” Deutsche Welle, December 12, 2009.

“Nazi Crimes on Trial (West German Trials) Defendants.” Justiz Und NS-Verbrechen, June 9, 2011.

Wittmann, Rebecca. “Q & A—Rebecca Wittmann… A Front Row Seat at Demjanjuk’s Nazi War Crimes Trial,” CBC News, December 12, 2009.

——. “The West German Judiciary and the Prosecution of Nazi War Criminals.” Atrocities on Trial: Historical Perspective on the Politics of Prosecuting War Crimes. Edited by Patricia Heberer and Jügen Matthäus. Lincoln: University of Nebraska Press, 2008.

508 “By 1949”: Wittmann, “The West German Judiciary and the Prosecution of Nazi War Criminals,” 212.

509 “They were loath”: Ibid., 215.

509 “Befehlsnotstand… Exzesstäter”: Wittmann, “Q & A.”

509 “We criminal prosecutors have sometimes felt”: “I Have Never Seen Remorse: Interview With Nazi War Crimes Prosecutor Ulrich Maas.” Spiegel Online, May 5, 2011.

510 “Islands of knowledge and ignorance”: Yitzhak Laor, “Germany Shouldn’t Have Tried Ivan the Miserable.” Haaretz, Jan. 14, 2010.

513 “[Demjanjuk] has a vested interest”: “‘Justice Takes a Long Time,’ Says Plaintiff at Start of Demjanjuk Trial,” Haaretz, Jan. 22, 2010; “As Demjanjuk Trial Opens, Defense Presents him as a Victim,” Deutsche Welle, Nov. 30, 2009; and “Demjanjuk Presents German Law With an Almost Impossible Problem,” Deutsche Welle, Dec. 12, 2009.

518 The Samuel Kunz story is from: Georg Boensch, “Witness in War Crimes Trial Could Face Indictment,” Spiegel Online International, Nov. 6, 2009; Zeev Avrahami, “The Man Next Door,” Haeretz.com, Aug. 13, 2010; Allan Hall, “Nazi Death Camp Guard Who Died Before Answering Charges of Killing 430,000 Jews ‘May Have Been Assassinated,’” Daily Mail, April 4, 2011.

518 The Alex Nagorny story comes from “Alex Nagorny Under Investigation in Germany for Nazi Killings,” Huffington Post, Feb. 18, 2011.

519 “It’s him…I know him”: Megan Stack, “For Elderly Russian, Man Accused as Camp Guard is Vivid Memory,” LAT, Feb. 6, 2010. The name of the Czech radio correspondent was Kbrhelova.

519 Sobibor survivor Esther Raab told the Atlantic City Press (Dec. 1, 2009) that she recognized Demjanjuk as the Sobibor guard who came into the armory building where she worked cleaning captured Soviet weapons and ammunition. She said Demjanjuk would bring in the empty machine gun ammo belts and refill them. She told the Press that she would testify if asked. She was never asked. German prosecutors noted that she was shown a Demjanjuk photo spread in the early 1980s and failed to identify Demjanjuk. At that time she also said that she did not recognize the name Demjanjuk.

522 Four SS officers were acquitted: See Blatt, Sobibor, chap. 15, “Fate of the Sobibor Nazis.”

526 “One doesn’t need to like”: Gisela Friedrichsen, “Families of Sobibor Victims Value Memories over Malice,” Spiegel Online, May 5, 2011.