An Ohio Judge denied convicted Nazi war criminal John Demjanjuk's appeal to regain his US citizenship Tuesday. Demjanjuk hoped that newly discovered documents, which suggested that some incriminating evidence was fraudulent, would overturn his deportation orders.
US District Judge Dan Aaron Polster rejected Demjanjuk's citizenship claim because he lied about his whereabouts to gain entry into America.
"John Demjanjuk has admitted that he willfully lied about his whereabouts during the war on his visa and immigration applications to gain entry to the United States," the judge wrote. "Despite numerous opportunities, Demjanjuk has never provided a single, consistent accounting of his whereabouts during the war years 1942 to 1945."
Demjanjuk's lawyers argued that the government did not disclose exonerating information, including a 1985 FBI report that indicated that a Nazi ID card may be a Soviet fake.
To rebuke these claims, the government included an October 12 affidavit by retired FBI agent Thomas Martin, which stated that the 1985 report written by him was speculative, not investigative.
Demjanjuk has been confined to Germany since he was stripped of his US citizenship in 2009. There, 91-year-old Demjanjuk was convicted of thousands of counts of accessory to murder for his time spent as a death camp guard.
Demjanjuk's public defender Dennis Terez wouldn’t definitively promise an appeal, but said, "We're evaluating our various options at this point."
Mike Tobin, a spokesman for the US attorney's office in Cleveland, explained prosecutors were pleased with the ruling. "All along the issue in this specific aspect of the case was really just the uninformed or misinformed speculation of one FBI agent, as I think the ruling makes clear," he said.