Demjanjuk update: 6th Circuit asks both sides to file briefs by next Thurs
By Tom Teicholz at 16 April, 2009, 3:28 pm
The 6th Circuit Court of Appeals asked both sides to file new briefs by next Thursday - They ask the US Justice Department to
address on the merits each of the four factors governing a stay of removal. In so doing, the government should inform the court of its plans for the transportation of the petitioner to Germany and provide the court with the report of the doctor which forms the basis for its conclusion that the petitioner’s medical condition is such that he is stable enough to travel safely.
and they ask Demjanjuk’s attorneys
to address the jurisdictional issues raised by the government.
The briefs as mentioned are due next Thursday and it is not clear how long after that it will take the Court to issue its decision.
One could argue that the Courts are making sure that every possible legal concern has been addressed and are bending over backwards to do so, before deporting Demjanjuk — or, as the Justice Department argues, that given that the 6th Circuit have no authority (jurisdiction) in this matter, one could be concerned that the 6th Circuit which has in the past issued opinions critical of the Justice Department’s prosecution of Demjanjuk and issued decisions whose net effect was to allow Demjanjuk to continue residing in the US — is doing so again.
My feeling is that it is not surprising that Demjanjuk’s defense explore every avenue possible, but it will be surprising if in the long run they succeed (although given Demjanjuk’s age, every delay may be as good as win).
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