Federal Discipline Unlikely for Ryan

Despite a federal appeals court ruling that he engaged in prosecutorial misconduct, University Attorney Allan A. Ryan Jr. is unlikely to be disciplined, government officials and legal experts say.

The Sixth Circuit Court of Appeals in Cincinnati ruled last month that Ryan, who was director of the U.S. Justice Department's Nazi-hunting unit from 1980 to 1983, "acted with reckless disregard for the truth" in the prosecution of John Demjanjuk as the Nazi death camp guard Ivan the Terrible.

While the court's ruling could do much to sully the reputation of Ryan, who joined Harvard's Office of the General Counsel in 1985, legal experts say the chances of state or federal authorities pursuing sanctions against him are slim.

"I suspect that the chances of there being a disciplinary matter are very small," says Geoffrey Hazard, a professor at Yale Law School. "If there was such an action, it would likely be only a reprimand by a state bar somewhere."

Ryan has not commented on the Sixth Circuit's proceedings other than to say that while he accepts full responsibility for the court's findings, he disagrees with them.

Legal experts say that any punitive actionwould have to be prompted by a complaint fromDemjanjuk's attorneys.

So far, there are few indications thatDemjanjuk's supporters will pursue such acomplaint.

The two men leading Demjanjuk's legalfight--his son-in-law, Ed Nishnic, and Demjanjuk'sson, John Jr.--say they have not yet consideredasking for disciplinary action against Ryan andother Justice Department lawyers.

Demjanjuk's supporters say they are moreconcerned with securing the former Clevelandautoworker's return to the U.S. Demjanjuk has beena man without a country since being found notguilty of murder by the Israeli Supreme Court thissummer.

"I don't think that at this point we've givenmuch consideration to disciplinary action,"Nishnic said in an interview yesterday. "Anythinglike that is a sideshow to the central issuehere."

Legal experts say any discipline against theattorneys might come from state bars in thelawyer's home states, Washington D.C. or Ohio,where Demjanjuk was prosecuted. Bar groups inOhio, Massachusetts and the District of Columbiaall said yesterday that they are not pursuingaction against Ryan.

"I think a disciplinary body would take accountof the extreme pressure on the lawyers handlingthe Demjanjuk case," Hazard said. "I don't think Iwould file a grievance if I were the Demjanjukpeople. You're already vindicated. It would begratuitous in a way."

Any attempt to discipline Ryan could raiselarger questions of law and Justice Departmentpolicy. Reno's predecessor as attorney general,William J. Barr, argued that government lawyersshould not be subject to discipline by state bars.

Reno has not weighed in on the issue, butBarr's opinion represents a departure fromprevious policy. In fact, former Attorney GeneralJohn Mitchell and former President Richard M.Nixon were stripped of their licenses to practicelaw by their state bars after Watergate.

There has already been an attempt to secure afederal investigation of the Office of SpecialInvestigations. U.S. Representative James A.Traficant Jr. (D-Ohio) sent a letter last month toPresident Clinton and Reno requesting that aspecial prosecutor be appointed to investigate theconduct of Ryan and other attorneys.

"It is abundantly clear that there wasprosecutorial misconduct and possible illegalactivity on the part of OSI," Traficant wrote inthe letter.

But john Russell, a spokesperson for theJustice Department, said yesterday that Reno andClinton would likely not comply with the request

Legal experts say that any punitive actionwould have to be prompted by a complaint fromDemjanjuk's attorneys.

So far, there are few indications thatDemjanjuk's supporters will pursue such acomplaint.

The two men leading Demjanjuk's legalfight--his son-in-law, Ed Nishnic, and Demjanjuk'sson, John Jr.--say they have not yet consideredasking for disciplinary action against Ryan andother Justice Department lawyers.

Demjanjuk's supporters say they are moreconcerned with securing the former Clevelandautoworker's return to the U.S. Demjanjuk has beena man without a country since being found notguilty of murder by the Israeli Supreme Court thissummer.

"I don't think that at this point we've givenmuch consideration to disciplinary action,"Nishnic said in an interview yesterday. "Anythinglike that is a sideshow to the central issuehere."

Legal experts say any discipline against theattorneys might come from state bars in thelawyer's home states, Washington D.C. or Ohio,where Demjanjuk was prosecuted. Bar groups inOhio, Massachusetts and the District of Columbiaall said yesterday that they are not pursuingaction against Ryan.

"I think a disciplinary body would take accountof the extreme pressure on the lawyers handlingthe Demjanjuk case," Hazard said. "I don't think Iwould file a grievance if I were the Demjanjukpeople. You're already vindicated. It would begratuitous in a way."

Any attempt to discipline Ryan could raiselarger questions of law and Justice Departmentpolicy. Reno's predecessor as attorney general,William J. Barr, argued that government lawyersshould not be subject to discipline by state bars.

Reno has not weighed in on the issue, butBarr's opinion represents a departure fromprevious policy. In fact, former Attorney GeneralJohn Mitchell and former President Richard M.Nixon were stripped of their licenses to practicelaw by their state bars after Watergate.

There has already been an attempt to secure afederal investigation of the Office of SpecialInvestigations. U.S. Representative James A.Traficant Jr. (D-Ohio) sent a letter last month toPresident Clinton and Reno requesting that aspecial prosecutor be appointed to investigate theconduct of Ryan and other attorneys.

"It is abundantly clear that there wasprosecutorial misconduct and possible illegalactivity on the part of OSI," Traficant wrote inthe letter.

But john Russell, a spokesperson for theJustice Department, said yesterday that Reno andClinton would likely not comply with the request