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Federal prosecutor
Eli M. Rosenbaum, 54, is on the trail of mass murderers, but you
won’t see a story like his on CSI. There is no crime scene to study,
the witnesses are long dead, and the evidence is scattered worldwide.
The director of the U.S. Department of Justice’s Office of Special
Investigations (OSI), Rosenbaum is America’s chief Nazi hunter. Sixty-five
years after the end of the Second World War, he is still tracking
down its last surviving criminals.
With time finishing the job of the Nuremberg trials—the
last judgment on Hitler’s henchmen—t he U.S. government plans to
merge the OSI into a broader war-crimes effort. Yet Rosenbaum won’t
rest until the last Nazi is brought to justice.
Photos: See 21 Nazis Captured in the United States
For him, peeling back the past and reviving horrific
memories in Holocaust survivors has been a heartbreaking process.
“I can always tell when the next question will lead them to start
crying,” he says. Why does he find it so important to spend government
resources going after elderly enemies who surely represent no further
threat? “American families sacrificed 200,000 sons and daughters
to end Nazi tyranny,” Rosenbaum says. He learned about the horrors
of the concentration camps from his G.I. father, who reported on
Dachau after its liberation. The young Eli once asked, “What did
you see?” The elder Rosenbaum didn’t answer, but his eyes—a quarter-century
after he entered the place where more than 30,000 prisoners were
murdered—welled with tears.
Federal prosecutor Eli M. Rosenbaum
Hundreds of Nazi war criminals and collaborators are believed to
have infiltrated the U.S. after 1945, and by some calculations,
the Nazis sought by the OSI were linked to the murders of as many
as 2 million (of the 6 million) Jews killed under Hitler’s orders.
Most of the criminals have died, or as Rosenbaum puts it, “aged
out.” He guesses that a few dozen at most may remain here alive.
For many years following the war, U.S. officials were
lax in tracking down wanted Nazis. For example, even after a tip
from Austrian Nazi hunter Simon Wiesenthal led The New York Times
in 1964 to expose a local housewife, Hermine Braunsteiner Ryan, as
a former guard at Poland’s Majdanek death camp, U.S. authorities
showed little interest in further investigation. There was no coordinated
approach until the 1970s, when the press and Rep. Elizabeth Holtzman
(D., N.Y.) aired a slew of embarrassments. Notably, Croatian Nazi
leader Andrija Artukovic, implicated in up to 700,000 killings, turned
up in California. He was extradited to then-Yugoslavia and convicted
of war crimes. (He died in 1988 while on death row.)
Finally, in 1977, the U.S. government set up a Nazi
crimes unit. Rosenbaum, whose paternal grandparents lost relatives
in the Holocaust, joined it after graduating from Harvard Law School
in 1980. He left in the mid-’80s to work at a law firm and then at
the World Jewish Congress, where he played a key role in exposing
the Nazi past of former U.N. Secretary General Kurt Waldheim. He
returned to the OSI in 1988 and became its head in 1994.
Since the U.S. has no criminal jurisdiction over World
War II crimes committed abroad, it cannot prosecute those murders.
However, the OSI has won denaturalization and deportation cases against
107 accused Nazis and lost only six. While most murder investigations
begin with the crime and work backwards to find a suspect, OSI’s
cases go in reverse. They result from the painstaking matching of
Nazi records to immigration rosters by the unit’s lawyers, historians,
and support staff.
“My specialty is questioning suspects,” Rosenbaum
says. As a young investigator, he confronted Juozas Kisielaitis,
a suspected member of a Lithuanian murder battalion, in his tailor
shop in Worcester, Mass., in 1981. No, Kisielaitis insisted, he had
no ties in that country. In response, Rosenbaum took out a wartime
wedding portrait from Nazi-occupied Lithuania that showed the man
had been married there and also mentioned the couple’s son, who still
lived in that country. Faced with such damning evidence, Kisielaitis
abandoned his denials and fled to Canada.
See More Nazis Who Were Captured in the United States
Also finding sanctuary up north was Helmut Oberlander, decorated
for service in a death squad that executed 91,678 people in southern
Russia. When Canadian authorities began prosecuting him, he vanished.
Rosenbaum tracked him down in Florida and brought him to the airport
to be returned to Canada. “It was May 8, 1995, the 50th anniversary
of the day that victory was declared in Europe,” he remembers. The
airport’s overhead TVs were showing the ceremonies. “It was surreal.”
One of Rosenbaum’s strangest cases was that of Elfriede Rinkel, who had been
a guard at the Ravensbrück camp in northern Germany. A San Francisco
resident, Rinkel had been married for 42 years to a German Jew who
died shortly before her unmasking. After she was deported to Germany
in 2006, she admitted she’d never told her spouse about her past.
In 2007, the OSI triumphed in a case that Rosenbaum
calls the oldest killing proved in any U.S. court. John Kalymon,
88, a former Ukrainian auxiliary policeman and suspected Nazi collaborator
who lived in Michigan, ended up being nailed by his own record-keeping.
Investigators found Nazi documents from Ukraine in which Kalymon
reported he “fired four shots while on duty,” killing one Jew and
wounding another. The reports also said his unit delivered 2128 Jews
to an assembly point in Lvov where 12 were “killed while escaping”
and that Kalymon used four rounds of ammunition. Kalymon was stripped
of U.S. citizenship, and a deportation case is proceeding against
him.
“It’s chilling when you read something like that,
the matter-of-fact reporting of shooting and murder,” Rosenbaum says.
The OSI’s actions have raised some criticism. Retired
Ohio autoworker John Demjanjuk, 90—now on trial in Munich, Germany,
as an accessory to the murders of more than 29,000 Jews at a Polish
concentration camp—was originally charged as another man called “Ivan
the Terrible.” Conservative commentator Pat Buchanan has long derided
the OSI as a group of “hairy-chested Nazi hunters” and questioned
why the U.S. is devoting money to “running down” aged camp guards.
But the Simon Wiesenthal Center, a Jewish human-rights
organization, has given the U.S. alone its highest grade of A every
year in its report card on efforts to bring Nazis to justice. David
Marwell, the director of New York City’s Museum of Jewish Heritage,
says of Rosenbaum: “He’s stamped OSI with his passion and absolute
expertise.” Yet some of the prosecutor’s most prized tributes have
come from victims. A survivor of Lithuania’s Vilna Ghetto who was
dying of cancer still managed to testify at the trial of war criminals
Algimantas Dailide and Kazys Gimzauskas. “He gave me an unforgettable
hug afterwards,” Rosenbaum recalls.
The OSI’s nine pending cases could very well be the
end of Nazi-hunting in America. The list includes Vladas Zajanckauskas,
94, of Sutton, Mass., a Lithuanian linked to the liquidation of Poland’s
Warsaw Ghetto in 1943, when some 7000 people died; and Osyp Firishchak,
90, from the Chicago area, a former Ukrainian auxiliary policeman
who allegedly served in Lvov.
Later this year, the OSI will be merged with another
human-rights enforcement unit targeting modern-day war crimes. Rwandan-American
Lazare Kobagaya, 83, accused of covering up his role in the 1994
Hutu-led genocide of Tutsis, is set for trial in Wichita in October.
The Nazi cases have paved the way for these new ones, Rosenbaum says,
and he has no plans to leave. “We’ve vindicated the rule of law.
We’ve sent a loud, clear message that the U.S. is not willing to
be the sanctuary for perpetrators of crimes against humanity.
“Part of me,” Rosenbaum continues, “believes we obtained
more justice in our last years because pursuing these cases at such
a late date sends a powerful message: If you’re guilty, you can reasonably
expect to be pursued for the rest of your life.” parade.com
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