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Mr. ALLEN. Oh, yes. I will just refer to them as cases 1 through 12 because I think that in each and every case there is very substantial evidence of third agency involvement and I want to bring that out at these hearings because I think this is what will be most useful to you and most useful to the American people in judging this issue.

The second part of the FOIA request and also my presentation here this morning deals with individuals who have been utilized by the U.S. Government agencies, particularly from abroad-particularly in the Federal Republic of Germany-whose war criminality is a matter of record and these include one of the cases I have already discussed here, and particularly their usage by Government agencies.

The third part, which I call-deals with organizations, units, and operations.

Now let me explain that. You cannot appraise this issue, Nazi war criminals in the United States, without taking it like a jeweler would, a raw gem and cracking it into its constituent and component parts. You must examine what this issue consists of. It not only consists of individuals so accused; it not only consists of transient noncitizens, so utilized; but also, there is evidence of various organizational aspects to this question.

There have been transplanted here, in our own body politic, so to speak, Fascist organizations from the late twenties, thirties, and the war period which have been transplanted here in the United States by many of these Nazi war criminals and by other individuals. Also, there are certain governmental operations and organizations which have made such utilization. I am going to touch on that too.

The other annex which I will discuss is an astounding thing; namely, the listing which was given by a 1946 U.S. Senate Committee on 680 U.S. citizens who had, during the period as early as 1924 through 1941, been dues-paying and secret members of the NSDAP, that is National Sozialistische Deutsche Arbeiter Partei, the Nazi Party of the Third Reich, who were American citizens in what they called the AO or Auslands organization.

I will deal with them, because these lists as recently as 2 or 3 weeks ago consist of viable contacts between Nazi war criminals and these former members of the Third Reich's Nazi Party.

Then the fourth section which I would present to the committee are specific documented instances of U.S. Government harassment of myself in my efforts to investigate and research and write on this subject, which I think is relevant to the question of Government interest and Government activity in this area. I will now return to the first, or the list of individuals. If I


off the beaten path in terms of your proscriptions, please stop me and I will try and do my best in that regard.

Mr. EILBERG. This is of course a House rule, and we have to make every effort to abide by it.

Mr. ALLEN. Yes, I understand, I understand.

This case deals with that of a Crotian extreme nationalist, an early member of the terrorist organization called the Ustashi, which was a fascist assassination bureau founded in the twenties. He was Minister of Interior during the Nazi occupation of Yugoslavia in 1941 to 1944. He was accused of a prominent role in the decimation of 600,000 Yugoslavs, mostly Serbians and Jews. He is specifically charged with 1,239 murders which he personally committed or directed.

I have the dates and so forth regarding his entry and date of birth, that type of thing I am sure you do not particularly want. There is presently an open deportation warrant out on him. He resides in California; as early as 1951, the extradition was requested of this individual and the basis for such request was upheld by the U. S. Supreme Court, but later, because of "political persecution” being the basis for the judgments, his deportation was denied.

The evidence which I have developed shows unarguably that he has enjoyed right from the beginning the support of politicial, judicial, and congressional figures now identified as members of the extremely right wing John Birch Society.

Further evidence indicates systematic use of this individual from the fifties through the sixties by Government intelligence agencies. What was that use? The use was for purposes of serving as an informant, so-called; I prefer the term "informer,” among emigre groups and communities in the United States. I have written about this, as you know, quite extensively, Mr. Chairman, and that use is palpable and provable.

I might add this, that in this case the Immigration and Naturalization Service asked if I would inquire of the country showing an interest in this case whether or not, this was-this was back in 1974—whether or not they were still interested, and of course the answer was yes. As a matter of fact, I went to the Ambassador to the United States, from this country, and had a long talk with him and he assured me that the U.S. media would be invited to any processes which would follow the alleged Nazi war criminal's successful extradition to stand trial.

Mr. EILBERG. Let me interrupt here.

Mr. Allen, are your assertions and compilations of facts based upon your own independent investigation or are they hearsay based upon the investigations of others? That is one question.

The second question is, we have within the last year visited Yugoslavia and have received assurances from that Government that the individual evidently referred to here would indeed receive a fair trial. So I just wanted to make that information available to you.

Mr. ALLEN. Thank you.

Yes; I can tell you that the documents I have gathered, for example, relationships with the extreme right wing in our own body politic, are based on independent evidence.

Mr. EILBERG. My concern is more with what evidence you have, independently developed by you, of his having committed wartime atrocities, and being a war criminal in the sense we are describing and subject to denaturalization and deportation.

Is this original research on your part or are you relying on the findings of other investigators?

Mr. ALLEN. I am relying primarily on the documents that I have studied, and also primarily on the first-for example, the first Immigration and Naturalization Service hearing which ruled on

the evidence, and their ruling on the evidence as you know, Mr. Chairman, were positive; they supported the bid for deportation.

I am also relying on further evidence, new evidence by the way, developed over the last 3 or 4 years, of additional eyewitness testimony that is novel since the start of this case.

Is that responsive, sir?

Mr. ALLEN. No. 2-I really find it very difficult to refer to them as cases 2 and 3 and so forth, but I am obeying the injunctions of

your rules.

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Let me describe this case. Again, please stop me if I utter any first names or anything like that. In fact, this sort of reminds me, if I can throw a little light on this right now, the great radio programs of Henry Morgan in which he was called up before a congressional committee, he was forbidden to use any first names, any proper names. He said during the course, “I am going down tonight to work out at the gym.” The chairman said, “Please, no first names.” So the witness said, “I am going down to the J.” So I am going down to No. 2.

Now a resident of New York State, has lived in New Jersey and New York between 1956 and 1960's. Charges against him, chief of police of the administrative section of the Latvian police, collaborated with and decorated by Nazi invaders of his own country. In 1949, as police chief in the Arbene district in Latvia, he is charged with committing atrocities against 300 Jewish men, women, and children.

Mr. EILBERG. Mr. Allen, I have to interrupt again. I had not perhaps done all the legal research necessary perhaps to sustain a burden of proof in a denaturalization or deportation proceeding, but I have to assume that the evidence required would be that of eyewitnesses to atrocities committed.

I am fearful that what you are telling us about, as in case No. 1, are summaries or materials that you have read about rather than that you have obtained directly from people who could identify the individuals involved or who witnessed atrocities. I wonder if we could have your comment on that.

Mr. ALLEN. Well, you want me to just generalize?

Mr. EILBERG. Well, I would like to have all the materials that you have but I just want to know to what extent you went out into the field and spoke to the eyewitnesses.

Mr. ALLEN. I see; fine.

Well, survivors and eyewitnesses involved with this specific case have come here to this country and testified. I have been at some of those hearings, and also I have talked with some of these eyewitnesses myself as well as exchanged materials with colleagues in journalism who have been there and have been prominent, bylined reporters and journalists on their story. So this is the source of my material.

I think it is as good, perhaps even better than what the U.S. Government has today, particularly in some of these 12 cases that I choose to talk about this morning.

Shall I continue?

Mr. EILBERG. Yes. I am concerned now about the time element; and I am wondering if you could generalize about the remaining 10


or 11 that you have and then whether you could when our hearings adjourn, stay this afternoon and speak further to our staff about those 12 cases at least.

Would you do that?

Mr. ALLEN. Well, I can-you see, in this particular case, while the accusations against this individual are very, very serious, the material that I would like to present to the subcommittee on this particular case is third agency involvement, which is pretty powerful.

Mr. EILBERG. Go ahead with that. I am just suggesting that we cannot conduct the hearing for an indefinite period.

Ms. Holtzman.

Ms. HOLTZMAN. Just as a suggestion perhaps. As the subcommittee is concerned about other agency involvement, if the witness would not go into the allegations against the people but just refer to the agency involvement or at least some of the agency involvement, that would be helpful.


Mr. ALLEN. In other words, you want me to just briefly indicate the accusations or-mostly you are concerned with third agency involvement?

Mr. EILBERG. At this time; yes.

Mr. ALLEN. All right, fine. Again I defer to your rules of the House

Mr. EILBERG. This is not a rule. This is a matter of trying to expedite.

Mr. ALLEN. I understand. In this case, his admission to the country was in 1956. The GAO report I do believe in this particular case, because although it is unidentified by name, refers to it, it is clear to me it is this case. There was an indication that there was no knowledge of this individual background and the charges against him prior to his administration in 1956. This is false. As early as 1954, there was such knowledge.

I am quoting from the admissions of the individual himself. “The Government had a full and fair opportuity to investigate these charges before giving me a visa.”

Then from an FBI report, an excerpt from it, “Files of the Office of Security, U.S. State Department, noted that [name] was accused in 1954 of murder and persecution.

Thus this knowledge was on the record before he was admitted. And thus the attempts to minimize or to deny any such knowledge are false.

I would like to go on to another case.
Mr. EILBERG. That is all right for the time being.

Mr. ALLEN. This case involves again an individual accused of mass murder in occupied Soviet Union by the Nazis as a collaborator. This is taken from an interview conducted in 1968. I will indicate the questions and answers.

Question and incidentally, this interview was tape recorded, typed, and also transcribed, and it is also part of my new book.

Question. I am under the understanding that one of the reasons you have nothing to fear or hide today in the United States is that you are under the protection of the FBI. Is this true?

Answer. Yes.

Question. Why?

Answer. Well, they were notified about me after the war and also a few newspapers in Canada and Chicago in 1963 or 1964. I have these articles and I will show them to you when we have more time. The articles were against us, 15 or 18 of us who now live in America.

Mr. ALLEN. This is part of the original 16 and 17 that you were referring to, Ms. Holtzman.

Question. Have you anything to fear?
Answer. I have nothing. I no think I go to trial.
Question. For what reason? Did you ever work for our government?
Answer. No.

Question. We have information that you did work for our government following the war, you worked for the State Department?

Answer. Who said so?
Question. I said so.

Answer. Well, no. Well, I did file an application in 1951 to fly as a parachutist over my country and some of my friends did went there."

Question. I don't understand; repeat.
Answer. In 1951 I made such application.
Question. Would you go, yourself, on such a mission?
Answer. Well, if they ask me.
Question. Did they ever ask you?
Answer. No.
Question. I have information to the contrary.
Answer. I only was contacted by the FBI two times.
Mr. ALLEN. He named the name of the agency; do you want that?
Mr. ALLEN (reading].
In Chicago, FBI agent.
Question. And from Newark?
Answer. Yes. I forget his second name- -his first name.
Question. How old are you now?
Answer. I am exactly 46.
Question. You look in good health to me.
Answer. I feel good; I have no fears.

Mr. EILBERG. This case that you have just summarized, obviously we should have the information that you are talking about in detail. I wonder if you would be able to stay beyond our hearing this morning to meet with our subcommittee staff so that we may receive all of the information which you have.

Mr. ALLEN. I think we can discuss this. I would like to just merely put the proviso on it that I must further discuss this with my attorneys and publishers.

Mr. EILBERG. All right, sir.

Mr. ALLEN. I will go on to the next position, which is case No. 4. This is from the Philadelphia area.

The charges against him are of the usual participation in genocidal acts during the occupation of the Soviet Union, in this case Lithuania, in the period between 1941 and 1943. Documented. He was the subject of an extradition request. Of course there is no extradition agreement between the United States and the Soviet Union.

I found several things back in my original investigations that I think are of relevance. I found that within a 10-square block area, within a 10-square block area, this individual, as well as 6 individuals, the documents about which proved they belong to the same Lithuanian punitive detachment, were living as neighbors of this individual.

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