John Demjanjuk v. Joseph Petrovsky
United States Court of Appeals
for the Sixth Circuit (1994)
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
|JOSEPH PETROVSKY, ET AL.,|
On Appeal from the United States District Court
for the Northern District of Ohio
MOTION OF THE INTERNATIONAL ASSOCIATION OF
JEWISH LAWYERS AND JURISTS (AMERICAN SECTION)
FOR LEAVE TO FILE MEMORANDUM
IN SUPPORT OF REHEARING EN BANC
Pursuant to Rule 29 of the Federal Rules of Appellate Procedure,
the International Association of Jewish Lawyers and Jurists (American
Section) (hereinafter "IAJLJ") hereby moves, by undersigned counsel
who is a member of the Bar of this Court, for leave to file the
attached memorandum amicus curiae. The grounds for the filing of
this amicus memorandum are as follows:
- The IAJLJ is a membership organization consisting of attorneys
and judges in more than 32 countries around the world. Its
founder was retired Justice Haim Cohn of the Supreme Court of
Israel, and its Honorary President, until his death, was former
Justice Arthur J. Goldberg. The American section was organized
in 1983 by members of the American Jewish legal community to defend
Jewish interests and human rights in the United States and abroad.
- Among the IAJLJ's concerns has been the identification and legal
prosecution of those who participated in the genocide of the
Jewish people during the Second World War. Our interest extends
beyond the punishment of particular guilty individuals. The
IAJLJ believes it essential that history acknowledge the
culpability of the guilty and record their punishment so that
mankind will never again experience such unbelievable brutality
and wanton murder.
- It is appropriate that the Court hear in this case not only from
the immediate parties to the controversy before it but also from
counsel who can attempt to speak on behalf of the victims of the
criminal conduct that underlies these proceedings. In the
enclosed memorandum, counsel has endeavored to describe some of
the concerns expressed by survivors of the Holocaust.
- The American Section of the IAJLJ filed an amicus curiae brief
in this case in August 1992, but we could not know until the
Petition for Rehearing and for Rehearing En Banc was filed and
reviewed whether the concerns expressed in the enclosed amicus
memorandum would be presented to the Court by the parties. on
reviewing the briefs as filed, we determined that it would be
appropriate to submit the enclosed memorandum on behalf of the
American Section of the IAJLJ.
- Since the Federal Rules of Appellate Procedure do not provide
for the filing of any response to a Motion for Rehearing En
Banc except upon order of the Court, Demjanjuk would not be
prejudiced by the Court's consideration of the memorandum at
this time. If the Court deems a response appropriate, Demjanjuk
will have the same amount of time to respond to this memorandum
as he has to respond to the government's Motion.
For the foregoing reasons, we respectfully request leave to file the
enclosed Memorandum Amicus Curiae.
OF JEWISH LAWYERS AND
JURISTS (American Section)
1828 L Street, N.W.
Washington, D. C. 20036
LARROCA & LEWIN
2555 M Street, N.W.
Washington, D. C. 20036
Attorney for the Amicus Curiae