Lee Spielmann’s article, “Denaturalization of Nazi Perpetrators: What Have We Learned?” (Sept. 17) references two U.S. Supreme Court decisions emanating from these cases. However there were in fact three and the one omitted is arguably the most far-reaching. The Fifth Amendment privilege against self-incrimination applies only to those facing criminal prosecution. There are no criminal statutes under which an alleged Nazi war criminal can be prosecuted in the United States; the only options are denaturalization and/or deportation.
However, some alleged Nazi collaborators who emigrated to the United States argued that they need not respond to questioning because they face the prospect of criminal prosecution overseas. In United States v. Balsys, 524 U.S. 666 (1998) the court ruled that a subject in this country may not invoke the Fifth Amendment based on fear of criminal prosecution abroad. Thus, the United States can compel the testimony of recalcitrant witnesses.
