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On an early summer day in 1986 in a federal building in Newark, my father, Michael Bernstein, sat across a conference table from an elderly man named Stefan Leili. Then a young prosecutor at the Department of Justice, my father spent the previous day and a half deposing Leili, who emigrated to the United States from Germany three decades earlier. While applying for an entry visa, the U.S. government claimed, Leili concealed his service in the Totenkopfverbände — the infamous Death’s Head units of the SS, which ran the Nazi concentration and extermination camps. In 1981, the Supreme Court ruled that such an omission was sufficient grounds for denaturalization and deportation. If my father could prove that Leili lied, the United States could strip him of his citizenship and kick him out of the country.
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In an earlier interview, Leili repeatedly denied guarding prisoners at Mauthausen, one of a cluster of work camps in Austria, notorious for a stone quarry where slave laborers spent 11-hour days hauling slabs of granite up a steep rock staircase. But my father and a colleague sensed that this time around, the weight of hundreds of detailed queries might finally be causing Leili to buckle. Leili had begun to concede, bit by grudging bit, that he was more involved than he first said. My father had been waiting for such a moment, because he had a piece of evidence he was holding back. Now he decided that it was finally time to use it.
Leili sat next to his college-age granddaughter and a German interpreter. Earlier in the deposition, the young woman said her grandfather was a sweet man, who couldn’t possibly have done anything wrong. Indeed, it would have been hard to look at this unremarkable 77-year-old — bald, with a sagging paunch — and perceive a villain.
Certainly, the story Leili first told my father was far from villainous. Born in a small town in 1909 in Austria-Hungary, present-day Romania, Leili was an ethnic German peasant, who like millions of others had been tossed from place to place by the forces convulsing Europe. In 1944, Leili said, the Red Army was advancing toward his village. He had to choose whether to join the Hungarian Army or, like many ethnic Germans from his region, the SS. The Schutzstaffel promised better pay and German citizenship, plus money for his family if he was killed. And besides, if he hadn’t gone along with what the SS wanted, Leili said, he would “have been put against the wall and shot.”
Leili told my father he spent much of his time in the SS pretending to be ill so he wouldn’t have to serve. Then he guarded some prisoners working in a Daimler munitions factory. These were soldiers, not civilians. They had friendly relations, he told my father. They worked short days. They were well fed, even “plump.”
