United States v. Lileikis
In late 1982, Lileikis was mentioned in a cable from Berlin as a potential war criminal and head of the Lithuanian Security Police, who had possible connections to
Einsatzkommando 3, part of the
Einsatzgruppen. The same week, another Lithuanian-American named him as a Nazi collaborator in an interview. This attracted the attention of
Eli Rosenbaum, who was working as an investigator for the OSI. After gathering information on Lileikis, Rosenbaum went to his residence to question him. Lileikis admitted his leadership of the Lithuanian Security Police, but denied his involvement in the killings, stating that he had only done routine security work. Lileikis claimed that he heard rumours that the Germans killed Jews at Ponary but that it was done without Lithuanian participation. In late 1994, the OSI opened civil
denaturalization proceedings against him, seeking to strip Lileikis of his United States citizenship under Section 340(a) of the
Immigration and Naturalization Act, which requires United States district attorneys to open civil proceedings against naturalized citizens suspected of lying on their immigration paperwork. At the time, Lileikis was the oldest person to be subject to such an action. The CIA tried to stop the case from being filed, threatening not to allow the disclosure of some of the classified records in court. Describing Lileikis as "one of the most important Nazi collaborators" to be investigated by the United States, OSI accused Lileikis of lying about his World War II activities on his immigration paperwork. Lileikis refused to comment on the allegations to the
Associated Press and invoked the
Fifth Amendment when questioned by prosecutors. Lileikis refused to state even simple details on his life, such as his date and place of birth. Under federal law, the Fifth Amendment applies only to criminal proceedings; the prosecution argued that Lileikis should not be entitled to Fifth Amendment protection because he was not subject to criminal prosecution in the United States. The defense argued that Lileikis had a legitimate fear of prosecution in Lithuania, and should therefore not be compelled to testify. In 1995, Judge
Richard Stearns of the
United States District Court for the District of Massachusetts ruled that Lileikis was not entitled to Fifth Amendment protection because the government had a "legitimate need for a witness's testimony" in enforcing "the organic laws of the United States". On 16 November, he granted the prosecution's motion to compel Lileikis' testimony; since he still refused to testify, the prosecution filed another motion on 18 December seeking that allegations which Lileikis refused to answer be admitted as if Lileikis had confessed to them. This motion was granted by the court on 9 January 1996. The Holocaust historian
Yitzhak Arad and several other experts submitted affidavits along with more than a thousand pages of archival documents relating to the Nazi occupation of Lithuania, the Holocaust in Lithuania, and Lileikis' activities. On 24 May 1996, Stearns found him responsible for the deaths of tens of thousands of Jews. The judge noted that Lileikis was "attempting to turn the classic
Nuremberg defense on its head by arguing that 'I was only
issuing orders.'" Lileikis was immediately denaturalized with the judge stating that he should never have been allowed into the United States. ==Genocide trial in Lithuania==