- The Washington Times - Friday, February 22, 2002

CLEVELAND (AP) John Demjanjuk's citizenship was revoked for the second time yesterday by a federal judge who agreed with government charges that he was a Nazi death camp guard during World War II.
In a ruling eight months after Demjanjuk's trial, Judge Paul Matia said there was enough evidence without eyewitness corroboration to prove he guarded Nazi death and forced-labor camps.
"The government had the burden of proving its contention to the court by clear, convincing, and unequivocal evidence," Judge Matia said in a supplement to the ruling. "It did so."
The ruling means that Mr. Demjanjuk could be detained and deported, but the Justice Department was still deciding whether it planned to order him from the country, according to a department official who spoke on the condition of anonymity.
Demjanjuk, a Ukrainian who went by the name Ivan in his homeland, has insisted he was a prisoner of war.
Ed Nishnic, Demjanjuk's son-in-law and family spokesman, said Demjanjuk would appeal.
"We tried our case and continue to believe the government is wrong," Mr. Nishnic said.
The evidence included World War II documents such as work records and citizenship papers. Demjanjuk denied the papers were linked to him.
It was the Justice Department's second attempt to strip Demjanjuk of his U.S. citizenship. In the latest case, federal prosecutors argued that he fraudulently became a citizen by covering up his past as a guard at several Nazi concentration camps.
Demjanjuk, now 81, formerly lost his U.S. citizenship in 1981 on evidence that he was the sadistic Nazi guard "Ivan the Terrible" at Treblinka, in Poland, from 1942 to 1943.
The 1981 case resulted in a trial in Israel, where Demjanjuk was convicted and sentenced to death in 1988. However, his conviction there was overturned in 1993, mainly on new evidence that someone else was Ivan the Terrible of Treblinka.
The latest case did not include accusations of him being the Treblinka guard.
Ephraim Zuroff, head of the Israeli branch of the Simon Wiesenthal Center, which monitors attacks on Jewish organizations and people, said: "Justice has won the day."
Mr. Nishnic said the ordeal has been difficult on his father-in-law. "It's been a very stressful 25 years for him. The wear of this relentless prosecution by three superpowers has taken a toll on his health.
"It is true that judges have ruled against us in the past and public opinion has been against us in the past," Mr. Nishnic said. "Nevertheless, we have proven them wrong before and have been vindicated."
Demjanjuk, a former Ford Motor Co. factory worker, lives in the Cleveland suburb of Seven Hills, but he did not attend his recent trial.
A deposition Demjanjuk gave to government lawyers in July 2000 was his last comment on his past. He denied aiding the Nazis.

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