Court Halts Deportation Of Nazi Suspect

Retired Autoworker And Accused Death Camp Guard Removed From Ohio Home In Wheelchair

(CBS/AP)  The return of alleged Nazi death camp guard John Demjanjuk to Germany for trial on war crimes was delayed again Tuesday by a federal court, shortly after six immigration officers removed the retired autoworker from his suburban Cleveland home in a wheelchair.

A three-judge panel of the 6th U.S. Circuit Court of Appeals granted a stay until it could further consider Demjanjuk's motion to reopen the U.S. case that ordered him deported, in which he says painful medical ailments would make travel to Germany torturous.

An arrest warrant in Germany claims Demjanjuk was an accessory to some 29,000 deaths during World War II at the Sobibor camp in Nazi-occupied Poland. Once in Germany, he could be formally charged in court.

Citing the need to act because of the possibility of Demjanjuk's imminent deportation, the court issued the stay without addressing the U.S. government's argument that the court had no jurisdiction to rule on Demjanjuk's appeal.

The Ukrainian native moved to this country in 1951 and became a U.S. citizen. But that citizenship was stripped 30 years later for lying about working in Nazi concentration camps, reports CBS News correspondent Cynthia Bowers. In 1986 he was deported to Israel, where he was sentenced to death for war crimes.

That conviction was stunningly overturned by the Israeli Supreme Court based on a misidentification of Demjanjuk and he was set free and returned to suburban Cleveland, reports Bowers. The new German arrest warrant was issued last month.

"The irony here is fantastic," said CBS News legal analyst Andrew Cohen. "Israel would pass on sentencing someone and it would be Germany that would come in and essentially try to get justice against this man."

Former son-in-law and family spokesman Ed Nishnic said the family was relieved the stay was granted.

"We're delighted. We're prepared to make our arguments with the 6th Circuit, and it's just a shame that Mr. Demjanjuk had to go through the hell that he went through once again this morning," he said as he walked into a federal building in Cleveland where Demjanjuk was being held.

Later Tuesday, his son said Demjanjuk had been released from federal custody.

As Demjanjuk's wheelchair was loaded into a van at their home, his wife, Vera, sobbed and held her hands to her mouth. As the van moved down the street, Vera turned and waved, sobbing in the arms of a granddaughter.

Vera Demjanjuk, wife of John Demjanjuk, left, and his grandaughter Olivia Nischnic wave goodbye as a van carrying John Demjanjuk, leaves their home in Seven Hills, Ohio, April 14, 2009.

Several family members, including a 10-year-old grandson, were in the home when the officers removed Demjanjuk.

Nishnic said Demjanjuk, a native of Ukraine, told his family, "I love you," in Ukrainian and was aware that the officers were there to take him to Germany.

Nishnic said his former father-in-law moaned in pain as he was placed in the wheelchair.

"It was horrendous. He was in such pain. I wouldn't want to see anyone go through something like that," said granddaughter Olivia Nishnic, 20.

John Demjanjuk Jr., who filed the appeal with the 6th Circuit earlier Tuesday, said the government hadn't lived up to earlier understandings of how his father would be removed.

"They told me that they would have an ambulance. They told me we would have three to five days' notice, and obviously you can't believe everything the government tells you," he told The Associated Press by phone while headed back to Cleveland from the federal appeals court in Cincinnati.

He predicted his father would not survive long enough in Germany to stand trial.

"If he is deported, if this madness and inhumane action is not stopped by the 6th Circuit, he will live out his life in a (German) hospital. He will never be put on trial," he said. "It makes absolutely no sense that the Germans, after nearly killing him in combat, would try to kill him once again."

His family has said he is in constant pain from several ailments and that being deported to Germany amounts to torture.

[sharon25booker]

I agree with one person that posted a comment earlier..

"John Demjanjuk was tried in Israel years ago in the 1980s and sentenced to death
and after the Soviet Union collapse then sealed KGB files were revealed, showing
another guy was "Ivan The Terrible" and more likely was dead and the USSR knew this.
The US Govt department of the OSI after JD relatives shifted through their garbage, found
documents that questioned and had serious doubts that they had the right guy and went to
great lengths to keep this information from Demjanjuk lawyers at the time.

What is the US Government going to do, try to send him in every country
of the world till they get a conviction?

What happens if he is found not guilty in Germany?..I am sure the German government
does not want him in their country. The US has made statements saying if
he is found not guilty he is not allowed back into the USA.

[pensacola8-2009]

I am in favor of blocking all extraditions for former NAZI military personel. The war has been over for 63 years. Enough is enough. Those who keep hunting for WWII NAZI's are simply sick and sick-hearted. My own grandfather lost all his family to NAZi's, but nothing will bring them back. There are better uses for our courts.

Attempting to extradite a sick old man is simply cruel.

[barbaram99]

Presigent Obama was born in this nation. His father was not. . I am 54. I say leave him be. This nation has to deal with bush and his war crimes. He sent the troops in the middle east. bush's family supported the nazis. That was before i was evwr bornrd.
War is wrong.

They want to mess with an old man who is of poor health.

[MeToo7]

I'm not talking about killing anyone, I'm talking about a trial. And it is 'alleged' until their is a trial, which he is doing everything to avoid. What is he so frightened of? Taking accountability for his actions??

[MeToo7]

"...it's just a shame that Mr. Demjanjuk had to go through the hell that he went through once again this morning"

Ohhhh... poor little nazi... Being carried out in a wheel chair was hell for you?? I'm sure all the victims of the concentration camp would have preferred that 'hell' over what they went through...

[Dgunner]

I am a absolute man. one who has killed for this country, from the door of chopper indiscriminatly. They should not have bee crowding my LZ. WE never hear of the north vietcong wanting to extradite our soldiers . Maybe they do and the paper work got lost.I am not a God less man but can be very vengeful. I have a great deal of animosity toward people like the baby killers and kidnappers and rapist. The difference between the bible thumpers and myself , I want to vengeance even thogh God says it his.I will work that out later. Maybe maybe not. F---k this clown shove his a---s off a balcony.

[clamedia2]

I think someone halted the flow of oxygen to your brain, Psycho Charle!
Posted by davicar2 at 4:58

yeah but he still knows his way around a caps lock button

[whatever567]

OK all of this

is he or is he not this person they think he is
think is not correct you either are or not are
we need this settled
before they deport him
i understand he may not be this person
apparently they dont know because they tried him already as someone else
i believe in justice but you dont want to commit an innocent person to the rest of their life in jail or die because they are really not who they say they are

i understand the hollocast and i have jewish relatives that came to this country to have thier own religionious freedom but we also need to remember we need to know he really is this person
this is not fair to his family

[quapawsix]

The punishment waiting for him in the after life if there is one will be far worse than anything the human race could do. Leave him alone, we all pay for our sins in the end.
Revenge is sweet but it can go sour.

[rajska]

This old man is a small potato compared to usurper from Kenya at the white house. The usurper is causing more damage to our country than this old man. The usurper wouldn't even prove he was natural born and eligible to be POTUS. He's the one who should be deported.