IV

103D CONGRESS

1ST SESSION H. CON. RES. 132

Concerning the case of John Demjanjuk, Sr.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1993

Mr. TRAFICANT submitted the following concurrent resolution; which was

referred to the Committee on the Judiciary

CONCURRENT RESOLUTION

Concerning the case of John Demjanjuk, Sr.

Whereas John Demjanjuk was denaturalized and extradited

to Israel to stand charges as ‘‘Ivan the Terrible’’;

Whereas the Israeli Supreme Court recently overturned the

conviction and death sentence of John Demjanjuk,

charged with being Ivan the Terrible;

Whereas Demjanjuk was denied due process when the United

States Department of Justice withheld critical evidence

from Demjanjuk’s defense during his denaturalization

trial, as was determined in the investigative report of

Special Master Judge Wiseman, appointed by the United

States Sixth Circuit Court of Appeals,;

Whereas the United States Department of Justice contends

that Demjanjuk lied on his immigration application to

conceal his involvement in Nazi war crimes and should be
2

•HCON 132 IH

denied entry to the United States and the restoration of

his citizenship;

Whereas Demjanjuk contends that he lied on his United

States immigration application to avoid repatriation to

the Soviet Union and subsequent execution, not to cover

up war crimes;

Whereas the United States Sixth Circuit Court of Appeals

stated that the United States Government must allow

Demjanjuk to enter the United States as soon as he is

free to leave Israel;

Whereas the 3-judge appeals panel serving the United States

Sixth Circuit Court of Appeals unanimously denied the

Justice Department’s request to stay the ruling while the

Government is in the process of their possible appeal to

either the full 14-judge appeals court or to the United

States Supreme Court;

Whereas the United States Sixth Circuit Court of Appeals ordered the United States Government not to interfere with

John Demjanjuk’s return to the United States while the

court investigates the Government’s handling of his extradition to Israel; and

Whereas Demjanjuk is 73 years old and has been incarcerated in solitary confinement and separated from his family for over 71⁄2 years: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of the Congress that—

3 (1) the United States Attorney General should

4 parole John Demjanjuk back into the United States

5 whereby he shall be reunited with his family and
3

•HCON 132 IH

1 confined with the appropriate security at the family

2 residence pending further process;

3 (2) an appropriate court of law with proper ju4 risdictional authority be convened to resolve the

5 United States citizenship status of John Demjanjuk

6 by accepting evidence and testimony to determine

7 whether Demjanjuk was guilty of any Nazi war

8 crimes;

9 (3) if Demjanjuk is found by such process to

10 have participated in Nazi war crime activities, his

11 citizenship should remain permanently revoked and

12 the matter should be subject to and open to further

13 judicial process;

14 (4) if Demjanjuk is found by such process not

15 to have participated in Nazi war crime activities, but

16 to have lied on his immigration application to avoid

17 repatriation under terms of the Yalta Agreement,

18 Demjanjuk’s citizenship should be reinstated regard19 less of the concealment of his Soviet citizenship on

20 his immigration papers; and

21 (5) the United States Justice Department

22 should commence an immediate investigation into

23 Ivan Marczenko, now identified to be ‘‘Ivan the Ter24 rible’’ of Treblinka and bring Marczenko to justice

25 or verify to Congress the death of Marczenko.
4

•HCON 132 IH

Æ