- I was asked to pass this information along, courtesy
of Dr. Butz. My only comment is that the story of the "missing interview"
was exactly the stunt pulled with Ernst. Even though we had an original
return receipt from the INS that a rescheduled hearing had been requested,
it made absolutely no difference.
- It cost Ernst a 20 year ban on return and endless court
cases in three countries on two continents.
- I feel for this young couple.
- Arthur R. Butz
- Here is a summary of Germar Rudolf's situation, based
on my telephone conversations with him from jail. This is, up to my abilities
to transcribe accurately, his account, not mine. He wants it to propagate
widely as an e-mail and web postings.
- On Oct. 19 Germar and his wife had a marriage interview
at the Chicago office of the INS (Immigration and Naturalization Service).
It went well and ended with the INS certifying that their marriage was
real. As they were about to leave two officers of the INS appeared and
claimed that Germar had been sent a letter instructing him to appear at
their Chicago office for photographing and fingerprinting, and that he
had not complied. Neither Germar nor his lawyer received such a letter,
and they have still not been shown a copy of it. The failure to appear
would not in itself, however have brought any drastic action; in fact,
the INS had had him photographed and fingerprinted long ago at the FBI
office in Huntsville. What exacerbated the situation was that recently
the German government had made its second request for his extradition and
some clerk at the INS, assuming the matter involved a real criminal case,
flagged his file. I commented that that is the charitable interpretation.
In any case, Germar was detained and sent to a jail about 50 miles from
- A 1960 law specified that marriage to a US citizen is
a valid basis for an adjustment of status for somebody involved in deportation
proceedings, even if the marriage takes place during the proceedings. However
since 1999 the government has been trying to act as though the law does
not exist and has succeeded in this to some extent, getting a favorable
ruling in one federal circuit and adverse rulings in three others (a "circuit"
is a geographical sub-division of the US, defined only for purposes of
administration of federal law). The 11th circuit court in Atlanta, which
has Germar's case, has not yet ruled on this legal issue. Normally such
a situation results in the matter being appealed to the Supreme Court,
which is there to resolve contradictory lower court decisions. However
subjects in deportation cases have been poor people who could not begin
to mount a challenge in the Supreme Court. That is why the government has
not been challenged on this since 1999. The government knows that it would
lose in the Supreme Court.
- The 11th circuit court wants to hear this case to its
conclusion but the highest levels of the executive branch in Washington,
in the Department of Homeland Security and the Department of Justice, have
now intervened and taken over the case from the INS. How the matter passed
from an anonymous clerk at the INS to the highest levels of the executive
branch is unknown. In view of developments this past week the court has,
apparently only verbally, given the INS until Oct. 26 to file its arguments
on why it should be allowed to take over Germar's case, presumably to deport
him forthwith. Germar's lawyers then have until Nov. 2 to file his arguments.
The court will probably rule later in November.
- The November ruling will be on whether the court's process
will remain in place, or the executive branch will take over. Therefore
it appears likely that Germar will win in November, as the court has expressed
a wish to follow this case all the way to its conclusion. Why would it
rule that its own deliberations are unimportant or irrelevant?
- Assuming the November ruling is favorable, there is still
likely a court hearing around January, which will decide two questions.
First, is Germar entitled to political asylum? Second, if Germar is not
entitled to political asylum, then is he entitled to an adjustment of status
based on his marriage?
- I commented on the question of publicity, which Germar
is skeptical of but which I believe may be necessary to effectively raise
funds in the US. He does not have any name recognition here. Above all,
Germar and his lawyers do not want angry denunciation of the INS and/or
government. Public demonstrations outside the INS or the court could be
- At present his business operation is shut down and it
is not possible to buy books from his website. However the website is still
functioning. Germar has arranged for certain others to take over some of
the publishing and business operations if he is deported.
- The jail Germar is staying in is not an unpleasant place
for a jail, and has an atmosphere resembling an army barracks. It has the
lowest level of security and there are TV and games for the inmates' amusement,
and books for their study. Food is decent.
- Best regards,
- Arthur R. Butz