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A U.S. Army intelligence file on Breyer, obtained by the AP, from a 1951 immigration background check also lists him as being with the SS Totenkopf in Auschwitz as late as Dec. 29, 1944 — four months after he said he deserted. The Army Investigative Records Repository file was obtained by the AP from the National Archives through a Freedom of Information Act request.

“Clearly we can’t say what the result will be at the end of a long presentation of evidence to a court — that’s not our job,” Walther said. “But our contention is with this evidence the state prosecutors must file charges.”

Matt Moore contributed to this story from Philadelphia. Herschaft reported from New York.