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Memorandum to the Attorney General

As the investigation of Klaus Barbie has shown, officers of the United States government were directly responsible for protection a person wanted by the government of France on criminal charges and in arranging his escape from the law. As a direct result of that action, Klaus Barbie did not stand trial in France in 1950; he spent 33 years as a free man and a fugitive for justice, and the fact that he is awaiting trial today in France is due entirely to the persistence of the government of France and the cooperation of the present government of Bolivia.

It is true that the obstruction of the efforts to apprehend and extradite Barbie were not condoned in any official sense by the United States government. But neither can this episode be considered as merely the unfortunate action of their official duties. Their actions were taken not for personal gain, or to shield them personally from liability or discipline, but to protect what they believed to be the interests of the United States Army and the United States government. Under these circumstances, whatever may be their personal culpability, the United States government cannot disclaim responsibility for their actions.

Whether Barbie is guilty or innocent of the crimes with which he is charged will be decided by a French court. But whatever the verdict, his appointment with justice is long overdue. It is a principle of democracy and the rule of law that justice delayed is justice denied. If we are to be faithful to that principle - and we should be faithful to it - we cannot pretend that it applies only within our borders and nowhere else. We have delayed justice in Lyon.

I therefore believe it appropriate, and I so recommend, that the United States government express to the government of France its regret for its responsibility in delaying the due process of law in the case of Klaus Barbie. We should also pledge to cooperate in any appropriate manner in the further investigation of the crimes for which Barbie will be tried in France.

This is a matter of decency, and of honorable conduct. It should be, I believe, the final chapter by the United States in this case.

Honorable William French Smith
Attorney General of the United States
United States Department of Justice
Washington, D.C. 20530

Dear Mr. Attorney General:

On March 14, 1983 you directed that I conduct an investigation of the relationship between Klaus Barbie and the United States government from the end of World War II to the present.

That investigation has been completed, and I submit herewith my report, including my conclusions and recommendations.

I would like to bring to your attention the dedicated and professional assistance in this investigation of my colleagues in the Office of Special Investigations, Criminal Division. Richard D. Sullivan was my chief attorney advisor. David G. Marwell was my chief historian and archival researcher. Edward G. Bourguignon and Bertram S. Falbaum were the investigators.

In addition, George Garand, Diane Kelly and Nancy Whisenhunt provided valuable support services. Susan Adams, assisted by Anita Washington, Janine Scoville and Linda Faulk, typed this report and the several drafts the preceded it.

The contributions of those who assisted me far exceed this brief description of their duties, and they share the credit for the accuracy and completeness of the report. For whatever in accuracies or omissions may exist, the responsibility is mine.

(Original page numbers retained.)

INTRODUCTION p. iv

SECTION I. KLAUS BARBIE
A. Introduction p. 1
B. Early Career p. 3
C. Barbie in France p. 8
D. Sources of Information p. 9
1. The Personnel File p. 10
2. Operational Records p. 11
3. Postwar Evidence p. 12
E. Barbie in Lyon, 1942-1943 p. 14
F. Barbie in Lyon, 1943-1944 p. 19
G. Conclusion p. 20
H. The Listing of Barbie in CROWCASS p. 22

SECTION II. BARBIE'S RECRITMENT AND USE BY THE U.S. ARMY, 1947-1949
Introduction: The United States Army Counter Intelligence Corps p. 23
A. Operation Selection Board p. 28
1. Barbie is Targeted for Arrest p. 28
2. Barbie Evades the Selection Board Dragnet p. 33
B. Recruitment and Use of Barbie by CIC: April-October, 1947 p. 37
C. Arrest and Interrogation of Barbie: October 1947-May 1948 p. 41
1. Arrest p. 41
2. Interrogation p. 51
D. Barbie's Renewed Use: 1948-1949 p. 57
1. Reconstruction of the Merk Net p. 57
2. Dissolution of the Merk Net p. 62
E. Interrogation of Barbie by French Intelligence p. 67

SECTION III. FRANCE REQUESTS EXTRADITION

A. Public Accusations of Torture Against

Barbie and CIC's Response……………………………………….. 71

B. French Requests to HICOG to Obtain

Barbie's Surrender………………………………………………….. 82

1. Initial Inquiries by the French

Through Official Channels, 1949-1950……………………….. 83

2. The French Request for Extradition

of Barbie…………………………………………………………. 89

C. CIC's Decision that Barbie "Should Not

Be Placed in the Hands of the French"…………………………… 94

D. Response by HICOG to the French Government………………. 98

E. Discussion Between HICOG and EUCOM/CIC…………………. 119

F. CIC and HICOG Response to State's

Approval of Extradition……………………………………………... 126

SECTION IV. ESCAPE TO BOLIVIA, 1951

A. The Rat Line…………………………………………………………. 135

B. Putting Barbie in the Rat Line……………………………………… 141

1. Preparation………………………………………………………. 141

2. Decision………………………………………………………….. 146

C. Barbie's Travels in the Rat Line…………………………………… 150

D. Epilogue……………………………………………………………… 156

E. The Question of CIA Involvement with

Barbie Through 1951………………………………………………. 157

SECTION V. BARBIE IN BOLIVIA

A. The Absence of Any Relationship

with the CIA………………………………………………………...... 165

B. The Army's Interest in "Reactivating"

Barbie in 1965-1967………………………………………………… 168

C. Barbie's Entries to the United States……………………………… 179

1. Dates and Documentation of Visits……………………………. 179

2. Purpose of Visits…………………………………………………. 182

3. INS' Notification to CIA of Altmann's

Entries…………………………………………………………….. 183

D. State Department Response to 1972

Extradition Request…………………………………………………. 185

E. Allegations of Barbie's Involvement

in Criminal Activities…………………………………………………. 187

1. Drug Trafficking………………………………………………….. 188

2. Weapons Trade………………………………………………….. 188

F. Conclusion……………………………………………………………. 190

SECTION VI. CONCLUSIONS AND RECOMMENDATIONS

I. CONCLUSIONS

A. Recruitment and the Use of Barbie,

1947-1949……………………………………………………….. 191

1. The Competing Considerations……………………………. 191

2. The Absence of Evidence of War

Crimes……………………………………………………….. 195

a. The Facts Known to CIC……………………………….. 195

b. The CROWCASS Listing……………………………….. 198

3. Conclusion…………………………………………………… 203

B. CIC's Response to HICOG, 1950…………………………….. 203

1. Discussion………………………………………………….. 203

2. Conclusion…………………………………………………… 208

C. The Escape of Barbie Through the

Rat Line………………………………………………………….. 209

1. Use of the Rat Line in Cases

Other Than Barbie's………………………………………… 209

2. Use of the Rat Line in Barbie's Case……………………… 212

II. RECOMMENDATIONS

A. Criminal Prosecution…………………………………………….. 214

B. Legislation or Regulatory Reforms…………………………… 215

APPENDICES

List of Abbreviations

CIC - Counter Intelligence Corps, United States Army

ECIC - European Command Intelligence Center, in interrogation and detention facility in Oberusel, near Frankfurt

EUCOM - European Command, the U.S. military occupation authority in the U.S. Zone of Germany (replaced USFET, U.S. Forces European Theater, March 1947)

HICOG - U.S. High Commission for Germany, the U.S. civilian authority in Germany, 1949

HQ - Headquarters

ID - Intelligence Division, EUCOM, the parent organization of the CIC in Germany

OMGUS - Office of Military Government for Germany (U.S), replaced by HICOG, September 1949

USFA - United States Forces, Austria, the U.S. military occupation authority in the U.S. Zone of Austria

• Introduction
  Wannsee Conference Proceedings
  Allied knowledge about Auschwitz
  
  
• Chapter 1: The Phases of History
  Occupational Employment and Wages, 2001
  
  
• Chapter 2: Elites
• Chapter 3: Revolutions
• Christian Conversions
• The 1930s


Appendices:

• Klaus Barbie and the United States Government
• Dating Systems