Hāzners leads the pack
Two years prior to the proceedings against Hāzners, the INS reached out to the West German government (FRG) with a list of 52 names including Hāzners'. The response (October 10, 1975)? Lack of evidence to tie anyone on the list to a war crime. Hāzners appears at the top of the list:
2. FRG HAS PROVIDED US WITH ADDITIONAL DOCUMENTATION RE THE FOLLOWING INDIVIDUALS
A. HAZNERS (TEXTS OF PRELIMINARY PROCEEDINGS AGAINST HAZNERS SUSPENDED IN DORTMUND ON JANUARY 1, 1970 FOR LACK OF EVIDENCE);
Germany terminated possible proceedings against Hāzners in 1970 for lack of evidence. Yet only two years after German authorities confirmed a lack of evidence against Hāzners, the INS filed its motion to deport Hāzners. Declassified cables confirm that the INS had in its possession Hāzners's complete and exculpatory war records, provided by the German authorities. What, then, was the origin and nature of this newly found evidence?
Insofar as identification of Hāzners as a war criminal is concerned, given this previous confirmed lack of evidence against Hāzners, we are left with the inevitable conclusion that, per reporter Fred Dicker's original breaking of the Hāzners "story," it was KGB prepared and delivered propaganda and the KGB's specific mention of Hāzners by name to Gertrude Schneider which persuaded the INS to pursue Hāzners as a war criminal.
Targeted by the Soviets — high-value asset
Hāzners had already been in Soviet cross-hairs for at least a decade before the KGB's fruitful propaganda hand-off to Schneider. The USSR published its propaganda pamphlet, Daugavas Vanagi, Who are They? (featuring Hāzners prominently) in 1961 and translated it into multiple languages over the course of 1962 and 1963. In truth, the Soviets had been aware of Hāzners since the early 1950's as a result of his role in a number of anti-Soviet organizations. That attention multiplied exponentially as Hāzners wrote for Radio Free Europe and after the CIA had retained him in 1960 to report on events and media in the Latvian SSR through his contacts and to interview visitors to the U.S. from the Latvian SSR.
Along with publishing Daugavas Vanagi, Who are They? in English in 1963, the Soviets also released a documentary movie accusing Vilis Hāzners, Vilis Janums, and Boleslavs Maikovskis of wartime atrocities, and the Latvian ambassador and head of the Latvian government in exile in London, Kārlis Zariņš, of fraternizing with these known war criminals, per this declassified CIA document ("VILIS HAZER"[sic.] is hand-annotated with his CIA cryptonym):
FBIS 55
LATVIAN FILM
MOSCOW TASS IN ENGLISH TO EUROPE 1906 19 FEB 63 L
(EXCERPTS) RIGA--A FULL LENGTH DOCUMENTARY ABOUT THE ATROCITIES OF HITLERITES AND THEIR HENCHMEN IN LATIVA DURING WORLD WAR II WAS RELEASED BY THE RGA FILM STUDIOS.
THE FILM PROVIDES IRREFUTABLE EVIDENCE OF BRUTAL CRIMES COMMITTED BY SOME OF THE PRESENT LEADERS OF LATVIAN EMIGRE ORGANIZATIONS WHO FOUND REFUGE IN SWEDEN, WEST GERMANY, BRITAIN, THE UNITED STATES, AND OTHER COUNTRIES. AMONG THEM IS BOLESLAV MAYKOVSKIY, (NOW RESIDING IN NEW YORK) (BRACKETS AS RECEIVED), AND FORMERLY AN OFFICER OF THE HITLER POLICE AND ONE OF THE MASTERMINDS OF THE MASSACRE IN AUDRINI AND THE EXTERMINATION OF JEWS IN THE SUBURBS OF REZEKNE.
THE FILM ALSO INDICTS VILIS JANUMS, THE PRESENT CHAIRMAN OF THE CENTRAL COUNCIL OF THE LATVIAN EMIGRE SOCIETY, WHO FOUND ASYLUM IN FEDERAL GERMANY, VILIS HAZER, THE LEADER OF THE LATVIAN LIBERATION COMMITTEE IN NEW YORK, AND PAUL KOVALEVSKY, WHO LIVES IN VEST GERMANY AND PUBLISHES HIS WRITINGS UNDER THE NAME OF PAVILS KLANS. THE FILM ALSO EXPOSES THE CLOSE CONNECTIONS BETWEEN WAR CRIMINALS AND HARLIS ZARINSH, "AMBASSADOR IN EXlLE" IN LONDON.
19 FEB 1148A FTB/NRR
The aforementioned cable indicating lack of evidence regarding Hāzners nevertheless goes on to state:
THE FONOFF1 HAS ALSO PASSED US AN ENGLISH LANGUAGE COPY OF "DAUGAVAS VANAGI" PUBLISHED BY THE LATVIAN STATE PUBLISHING HOUSE IN RIGA IN 1963. THIS PUBLICATION INCLUDES ACCUSATIONS DIRECTED AGAINST SOME OF THE INDIVIDUALS INCLUDED IN THE US REQUEST (LAIPENIEKS, MAIKOVSKIS, KARKLINS, SPROGIS, DETLAVS, TRUCIS, DANCIS, MACS, VASERIS, AND HAZNERS; THE FONOFF NOTE POINTS OUT THAT "THE ACCUSATIONS CONTAINED IN THE PUBLICATION DAUGAVAS VANAGI ARE, NEVERTHELESS, BASED ON STRONG SUSPICIONS IN THE OPINION OF THE CENTRAL AUTHORITY2."
Ominously, the State Department indicates the KGB's propaganda has gained traction with Germany's Nazi hunters. Note that 10 of the 52 individuals on the INS list appear in Daugavas Vanagi, Who are They?; however, rather than conferring legitimacy on the KGB's propaganda, this only confirms that the names of the Latvian suspects came from KGB propaganda.
We have not been able to uncover the original full list of 52 names the INS submitted to German authorities. Nonetheless, Hāzners's name at the top the list confirms his prominence in Soviet efforts to discredit the troublesome exile Latvian community and its leadership — and American efforts to oblige.
Moreover, the INS reached out to Soviet authorities multiple times regarding Hāzners's and other cases. Three cables of particular interest we have identified:
- October 15, 1976 — The INS maintains it launched actions on October 13th against multiple Latvians solely on the basis of western, not Soviet, evidence; however, the INS's October 14th announcement intentionally fails to mention reaching out for evidence from the USSR. The cable goes on at length, also including fresh new allegations against Hāzners:
as well as noting the Soviet Foreign Ministry can be notified verbally of the launch of proceedings. However,B) VILLIS ARVEDS HAZNERS BORN JULY 23, 1905 IN VIRCACA, LATVIA, ALLEGEDLY RESPONSIBLE FOR EXECUTION OF 300 CIVILIANS WHILE POLICE CHIEF IN ABRENE DISTRICT.
EMBASSY SHOULD OF COURSE CONTINUE TO BE CAREFUL NOT TO GIVE MFA IMPRESSION THAT EMBASSY IS LEADING THEM TO BELIEVE THAT ANY OF THESE INDIVIDUALS WOULD BE PHYSICALLY REMOVED TO THE USSR IN THE FORESEEABLE FUTURE.
- October 19, 1976 — The message was delivered verbally to the Soviet MFA, including the part about no extradition to the USSR. USA Division First Secretary V. I. Trifonov confirmed requested evidence on individuals including Hāzners would be forthcoming via diplomatic pouch. Lastly, if we had any doubts about Soviet motives:
It appears that the Soviet Ministry of Foreign Affairs was upset that they weren't getting more severe persecution of Latvians out of their propagandist efforts. Recall, it was now 15 years since the publication of Daugavas Vanagi, Who are They?.3. REFERRING TO TEXT OF NOTE3, TRIFONOV ASKED WHY IT IS NOT POSSIBLE TO TAKE STRONGER ACTION THAN "DENATURALIZATION OR OTHER ADMINISTRATIVE PROCEEDINGS" AGAINST WAR CRIMINALS. CONSOFF REPLIED THAT HE WAS UNABLE TO PREDICT OUTCOME, BUT NOTED THAT SINCE ALLEGED WAR CRIMES HAD NOT OCCURRED IN US, PROCEEDINGS WERE NECESSARILY LIMITED TO WHETHER OR NOT ENTRY TO US HAD BEEN ILLEGALLY EFFECTED BY CONCEALING OR LYING ABOUT CRIMINAL RECORDS.
- May 21, 1977 — The following spring, the Soviet authorities finally come through with evidence on Hāzners. If there were any doubt as to its fabrication, simply note Hāzners's Russo-patronimicized name and erroneously transliterated alias:
FM AMEMBASSY MOSCOW
TO SECSTATE WASHDC PRIORITY 7688
INFO AMCONSUL LENINGRADLIMITED OFFICIAL USE MOSCOW 7118
E.O. 11652: N/A
TAGS: CGEN, CFED, PFOR, UR, US (HAZNERS, VILIS DAVOVICH)
AKA KHAZNERS4)
SUBJECT: SOVIET WAR CRIMES EVIDENCEREF: (A) STATE 55628, (B) 76 STATE 256272, (C) 76 MOSCOW 16435
1. EMBASSY RECEIVED WAR CRIMES MATERIAL FROM MFA UNDER COVER OF NOTE DATED MAY 19, CONCERNED ALLEGED WAR CRIMINAL VILIS DAVOVICH HAZNERS AKA KHAZNERS CITED IN REFTELS.5
2. EMBASSY POUCHING MATERIALS AND COPY OF NOTE TO EUR/SOV UNDER REGISTRY NO. 3222092.
3. WITH INFORMATION PROVIDED ON HAZNERS, MFA HAS NOW SENT REPLIES IN 20 CASES OF 29 REQUESTED BY DEPARTMENT.
MATLOCK
Targeted by the INS — naïve, willfully blind, or malicious?
At the very least, the above trail points to incredible naïveté at the INS:
- Believing its list of names was from "western" sources — This is akin to European Union regulations which brand country of origin according to country of export. So, butter from Spanish cows grazing Spanish grass sent to Ireland for packaging and export becomes (premium) "IRISH BUTTER." (We understand that regulations have been tightened since.) That the last Nazi-hunter holding the list was "western" indicates nothing of the list's true origin and confers no legitimacy.
- Believing anything the Soviets had to offer — Considering that the Soviets were the perennial champions at hard-ball diplomatic "linkage"—never giving anything without getting something in return—why would anyone believe the Soviets would freely provide evidence for U.S. authorities and not expect something back? Of course they expected something, per the Soviet Foreign Ministry's grousing that the INS wasn't going to inflict more severe punishment on the KGB's victims. We can't begin to imagine the Kremlin's utter delight at Congresswoman's Elizabeth Holtzman's declaration that "all Latvians are Nazis."
Having gathered their Soviet-fabricated evidence which
- confirmed their belief Hāzners was a Nazi, besides which they also had Wiesenthal's list from 1949 naming Hazners; and
- fulfilled their need under political and activist pressure to show progress in pursuing war criminals;
the INS went in search of witnesses to corroborate the charges against Hāzners.
The hunt for witnesses
The method by which the INS found Soviet and Israeli witnesses differed only in the manner by which the accused's guilt had already been pre-ordained. Soviet authorities were completely unencumbered by facts, for example, accidentally publishing the complete transcript of the Karl Linnas trial including conviction and sentencing in absentia before the trial ever took place.
While the Israeli authorities' hunt for Holocaust witnesses did not fabricate evidence, it was nevertheless conducted on the basis of presumed guilt. Survivors were asked to come forward to assist in the search for Arājs Kommando members and to look through albums of photographs—including Hāzners's. Photos were labeled with the individual's name, each was introduced to potential witnesses as a known "war criminal", who were then asked if they recognized them as having participated in the Holocaust. One of Hāzners's photos even had his name written on the front.
Eighteen identified
In the context of pre-determined guilt, it is not unsurprising that two years after German authorities informed the INS that possible proceedings against Hāzners were dismissed for lack of evidence, the INS's Israeli and Soviet partners identified at least eighteen possible witnesses.6
Per a declassified cable regarding judicial assistance in the VILLIS [sic.] HAZNERS matter, sent to the INS office in Burlington, Vermont, the following individuals were flown in from Israel (our numbering, witnesses appearing in the Hāzners proceedings records highlighted — Ed.):
- SARAH LEICHTER;
- M ROSENWALD;
- DAVID GELBHAUER;
- M ROSANSKI;
- E GLICKLICH;
- J KOENIGSBERG;
- B NEUHAUS
- ABRAHAM LIPCHIN
- BORRIS ZESMAN ... "ZESWIN [sic.] PREFERS TO
TRAVEL ON OCTOBER 14 IN ORDER THAT HE MAY VISIT RELATIVES
IN TORONTO PRIOR TO HEARING."
ALL WITNESSES PREFER TO TESTIFY IN YIDDISH.
U.S. authorities also solicited witness assistance from the USSR—recall Trifonov was the Soviet official who complained the U.S. wouldn't punish the KGB's victims beyond deporting them (witness #10):
COUNSELOR V.I. TRIFONOV DECEMBER 8 TO CHECK WHETHER SOVIET AUTHORITIES CAN LOCATE LEIB WAGENHEIM7 AND DETERMINE WHETHER HE WOULD BE WILLING AND ABLE TO COME TO U.S. TO TESTIFY IN DETLAVS AND HAZNERS CASES
The INS had earlier requested, in September via cable to Tel Aviv and Moscow, a number of individuals for testimony against both Vilis Hāzners and Kārlis Detlavs, the Hāzners witnesses including (our numbering, continued):
- IDA TRAEGER;
- CHAWA LJAK;
- JAKOB WAGGENHEIM;
- MEIR LOWENSTEIN;
- SHABTAI DOLGIZER;
- JAKOB NOY;
- MENDEL WULFOWITZ AND
- BERL MENDELKORN. FIRST THREE [i.e., Traeger, Ljak, Waggenheim] ALSO NEEDED AT DETLAVS HEARING.
Also appearing for the OSI was Maria Radiwker, the Israeli investigator who found and prepared the witnesses, and William Strasser, who handled the Hāzners case prior to Martin Mendelsohn.
Fishing expedition
The extent of the net the INS threw out in its quest to incriminate Hāzners is exemplified in this cable (January 10, 1978) to the INS's Mendelsohn from Menachem Ruse, director of Israel's police unit investigating Nazi crimes:
1. EMBASSY NOTIFIED BY RUSEK'S OFFICE THAT ISAAC NIEDEL'S STATEMENT WAS NOT SENT TO ATTORNEY MENDELSOHN ON JANUARY 1. FOLLOWING LETTER SIGNED BY RUSEK WAS SENT TO MENDELSOHN ON JANUARY 2:
DEAR MR. MENDELSOHN.
THE STATEMENT OF MR. ISAAC MIEDEL REFERS SPECIFICALLY TO THE ACTIVITIES OF THE NAZI CRIMINAL VICTOR ARAJS DURING THE PERIOD OF THE NAZI OCCUPATION. THE NAME HAZNER WAS INDEED MENTIONED BY THE WITNESS BUT ONLY IN CONNECTION OF PARTICIPATION IN ACTIVITIES AGAINST JEWS, TOGETHER WITH ARABS. THE WITNESS HAS NEVER SEEN HAZNER AND THEREFORE IS NOT ABLE TO GIVE ANY GENERAL DESCRIPTION OR EXPLANATION CONCERNING HIS FUNCTION WITHIN THE FRAMEWORK OF THE SERVICE TO THE NAZIS. HE HEARD THE NAME HAZNER FROM ONE OF HIS FRIENDS WHOSE IDENTITY HE CAN'T REMEMBER. THE STATEMENT OF MR. NIEDEL WAS RECORDED WORD FOR WORD AS IT WAS TOLD TO ALL INVESTIGATORS MR. ORBACH, BUT AFTER A PERSONAL TALK I HAD WITH THE WITNESS I WAS CONVINCED THAT HE WON'T BE ABLE TO CONTRIBUTE ANYTHING IN ORDER TO ADVANCE THE JUDICIAL PROCEEDINGS AGAINST HAZNER. IN CASE YOUR OPINION IS DIFFERENT, PLEASE LET ME KNOW AND I WILL BE GLAD TO ACT ACCORDING TO YOUR DIRECTIVES. SINCERELY YOURS, MENACHEM RUSEK, SUPERINTENDENT
The witness knows nothing about Hāzners, has never seen Hāzners, but if hearsay is useful for the deportation hearing, Israeli authorities are willing to oblige.
Ready for trial
With witnesses in hand—Soviet witnesses (via depositions) provided by the very occupational authorities8 who fabricated Hāzners's propagandist guilt, and Israeli witnesses harvested by authorities through prejudicial and questionable practices, the INS was now ready to go to trial. But not in a court of law. Rather, a "trial" in which the accused has no right to representation, nor will they be appointed a lawyer if they cannot afford one, and in which hearsay is admissible as evidence. Lastly, and most damning with regard to Soviet witnesses and documentary evidence, is that there was no access to relevant archives to verify the accuracy and completeness of evidence, or any possibility to search for exculpatory witnesses within the occupied Latvian SSR or the USSR proper.9
1,400 pages
According to the government's post-trial brief, that is how many pages of transcripts were generated during the course of the case.
Filings by the government and by Hāzners defense have been published in the second volume of Hāzners's memoir, Varmācības Torņi ("Towers of Tyranny"). We have reproduced in full:
- the OSI's post-trial brief—annotated to point out the government shilling Soviet propaganda as history and lying about the content of German reports, et al; and
- the judicial review of the proceedings and denial of the OSI's motion for appeal—Alan A. Ryan, Jr. insisted Hāzners was a war criminal for not other reason than having been a Latvian Legion officer and awarded the Iron Cross for bravery—signed by Hitler.
We have not included the defense's response to the OSI's brief because the final judicial review covers all salient points including those made by Hāzners's defense. Owing to archival materials now available on the Internet, we have been able to construct a far richer annotation of the OSI's brief than possible at its issuance forty-four years ago.
Alan A. Ryan, Jr. has vehemently denied Soviet influence, yet the INS featured Soviet propaganda throughout its post-trial brief
- by stating it as fact;
- through witness testimony to events which never happened; and
- by misconstruing and lying about Nuremberg trial transcripts and German reports.
"All Latvians are Nazis"
Rabbi Paul Silton, who led students parading with a coffin and wearing "DEATH TO HAZNERS"
No less than Congressional Representative Elizabeth Holtzman declared "All Latvians are Nazis."
| 1 | U.S. State Department short-hand for Foreign Office |
| 2 | Refers to Germany’s Central Office of the State Justice Administrations for the Investigation of National Socialist Crimes located in Ludwigsburg. |
| 3 | Regarding Detlavs evidence |
| 4 | "Hāzners" transliterated into Russian is "Хазнерс." However, in transliterating back to English, both "Hazners" and "Khazners" are valid. This means that any materials quoting "Khazners" are Soviet fabrications created by individuals with no connection to Hāzners or to actual records concerning him. |
| 5 | REFTEL is State Department nomenclature for Reference Telegram. |
| 6 | One might get the impression that dozens of Israeli witnesses got on the INS-will-pay-to-fly-you-to-the-U.S.-feel-free-to-bring-your-spouse-and-visit-relatives-while-you-are-here bandwagon. Not included among the names here are Schalom Kohn, Josef Czarny, and Eugen Turowski, whose travel arrangements are also listed under the Hāzners case—"TAGS: CGEN (HAZNERS, VILIS)." We found them mentioned regarding presentation of "medical notes" that they needed to have their wives travel with them. We should make clear we have no information on how many witnesses actually came to the U.S. with their spouses or conducted extra-curricular travel. |
| 7 | We assume this is a relation to Jakob Waggenheim in the list, following. |
| 8 | The Latvian SSR was illegally annexed to the USSR for the duration and was considered occupied until the USSR fell. |
| 9 | For a detailed discussion of issues regarding the DOJ (INS, later OSI)–Soviet partnership, viz. THE LITHUANIAN-AMERICAN COMMUNITY OF THE U.S.A., INC., National Executive Committee Public Affairs Council. MEMORANDUM OF CONCERNS REGARDING THE CONDUCT OF THE OFFICE OF SPECIAL INVESTIGATIONS, LITUANUS, LITHUANIAN QUARTERLY JOURNAL OF ARTS AND SCIENCES, 1985, accessed 18 May 2016. LINK |
| 10 | Silton himself admitted to his obsession over Hāzners, even hallucinations, in an interview with Rochelle Saidel in June, 1980. |