The Nizkor Project: Remembering the Holocaust (Shoah)

"May it please the Court..."
David Irving's Closing Remarks

(Part 3 of 7)

The Second Defendant's discovery -- lower down that page -- which included such correspondence with, and items from, the Anti-Defamation League as she has seen fit to provide, throws some interesting lights on the ADL. When a local newspaper, The Daily Pilot, published in Orange County, south of Los Angeles, a report on a function of the Institute of Historical Review, about which we have heard much from the Defence in the last few weeks. The anti-Defamation League was horrified as the regional office reported, to find that the reporter in the newspaper, and I quote "seems to find an air of legitimacy surrounding the group". That word "legitimacy" again; remember they were going to destroy my legitimacy? The reporter, MR Bob Van Eyken, who had evidently not got the message, even described the IHR members as "neatly dressed ... evoking a sense of reasoned dignity". This clearly clashed with the skinheaded, jackbooted extremist stereotype that the ADL, like the expert witnesses in this case, wished to promote for the IHR and other "right-wing" groups. This material, though clearly discoverable in this action, was withheld from discovery by the Second Defendant until a summons was issued to produce all her correspondence with the ADL.

We know that the Second Defendant has had extensive dealings with the Anti-Defamation League, the ADL, this American body. Even from her own limited discovery, about the deficiencies in which I still have more to say, we know that Professor Lipstadt was provided with smear dossiers by them. She thanks them in her Introduction. She made not attempt to verify the contents of this material with me as the victim (or, so far as this court knows, with any others), but she recklessly published it raw and unchecked. A 25-cent phone call to me would have saved her endless trouble. Instead she preferred to rely on these sheets like the "confidential" and defamatory four-page item dated October 23rd 1986, headed: "Profile on Dave Irving", evidently coming from another Canadian body. Characteristically, the "profile" was disclosed to me by her solicitors without any covering letter from its author or custodian and shorn of any identifying material; I wrote more than once in vain asking for the missing pages to be provided.

It is quite evident that the Anti-Defamation League, who were in cahoots with the Second Defendant, set itself the task of destroying my career, in consort with other similar organisations around the world, many of whom, if not all, collaborated with the Second Defendant in writing her book. The pinnacle of their achievement came in 1996, when the Second Defendant, as she herself boasted to The Washington Post, was among those who put pressure on St Martin's Press Incorporated, who had been one of my United States publishers for some 15 years, to violate their publishing agreement with me and abandon publication of Goebbels, my Goebbels biography, "Goebbels, Mastermind of the Third Reich".

For a few days, these enemies of free speech stepped up the pressure. They publicised the private home addresses of St Martin's Press executives on the Internet. They staged street addresses in Manhattan. They organised a walkout by the publisher's staff. When SMP refused to be intimidated, Professor Lipstadt wheeled out the rhetoric: To Frank Rich, a syndicated columnist of The New York Times, she accused me of being a repeat killer, if I can put it like that: "What David Irving is doing ... is not the destruction of live people, but the destruction of people who already died. It's killing them a second time. It's killing history". This was not far distance from the outrageous claim on page 213 of her book, to which no justification has been pleaded to my knowledge, that I justified the incarceration of Jews in Nazi concentration camps. Quoted by The Washington Post on April 3rd 1996, Professor Lipstadt stated:

"They ... don't publish reputations, they publish books", referring to St Martin's Press."But would they publish a book by Jeffrey Dahmer on man-boy relations? Of course the reputation of the author counts. And no legitimate historian takes David Irving's work seriously."

We have heard quoted in this Court two tasteless remarks I am recorded as having made, about Chappaquiddick and about the Association of Spurious Survivors, and I do not deny that those words were tasteless. But bad taste is not what is in the pleadings, while express malice is: and the odiousness of Professor Lipstadt's comparison, in a mass circulation newspaper of record, of a British author with Jeffrey Dahmer, a madman who had recently murdered and cannibalised a dozen homosexuals in the mid-West of the USA, in surely compounded by the fact that Lipstadt had at that time not read a single book that I had written, let alone the manuscript of Dr Goebbels that she had joined in trying to suppress. It is clear that neither she nor the ADL was concerned with the merits, or otherwise, of the Goebbels biography. They wanted it put down, suppressed, ausgerottet: And me with it.

Having, like St Martin's Press, thoroughly read it, the major US publisher Doubleday Inc. had selected this book as their May 1996 choice for History Book of the Month. But that deal depended on the SMP contract, and thus it too collapsed. The financial losses inflicted on me by this one episode in April 1996 were of the order of half a million dollars, which might seen proper reward for the eight years' hard work that I had invested in writing this box, and hauling it through its five draft versions. The book never appeared in the United States.

From the publication of Hitler's War onwards, the attitude of the print media to me changed. A strategically placed review written in one afternoon, by one man furnished with the appropriate dossier on me, could go a long way to destroy the product of six or eight years' research, as we have just seen. That was why these dossiers had been created.

To the right journalists or writers, such as the Second Defendant, these dossiers were on tap. A fax from Professor Lipstadt to the Institute of Jewish Affairs in London, or to the ADL in New York, or to the Simon Wiesenthal Centre in Toronto, and we have got these faxes from her discovery, released to her a cornucopia of filth, which she had no need to check or verify, because in the United States such writings are protected by the authority of the First Amendment to the US Constitution, the laudable name of the freedom of speech, or by the authority of New York Times v. Sullivan, which effectively declares to libellers that it is open season on any public figure.

I turn the page, my Lord.

This Court will surely not take amiss of me that I refused to be intimidated by these truly "Nazi" methods, and that I have on a few occasions used perhaps tasteless language around the world about perpetrators. The violence against me spread around the world, and always it was orchestrated by the same organizations.

Turn the page.

In England, a parallel campaign was launched by the Board of Deputies, and by other organizations which we know to have collaborated with the Defendants in producing this libellous book. This kicked into high gear after my own imprint published an abridged edition of the Leuchter report in 1989. Pressure was put on the World Trade Centre in the City of London to repudiate our contract for the press conference. A picket, a muscle man picket, was staged outside our own front door to prevent journalists from attending when the conference was switched to my own harm. The Board arranged an early day motion in the House of Commons, as a privileged way of smearing my name -- publishing a smear on my name. On June 30th of that year the Jewish Chronicle, which is one of the newspapers that has reported this entire proceedings most fairly, in my view (and I wish to put that on record) revealed that representations had been made to my principal British and Commonwealth publisher, Macmillan Limited, to drop me as an author.

Macmillan had already published several of my books and they were under contract to publish several more. I had no fears that they would succumb to this intimidation. They had informed me that Hitler's War was running so successfully that they intended to keep it permanently in print. I am entitled to mention this background, as I have mentioned the Board's other clandestine activities against me, because it was said by MR Rampton that I later made one tasteless remark in public about the Board of Deputies. If somebody attacks, using secret and furtive means, the very basis of the existence of my family then it may be at least understandable that I speak ill of them.

Lower down the next paragraph: Secretly, on July 17th 1991, the Board of Deputies wrote to the President of the German Office for the Protection of the Constitution (which is their MI5), a body of which we heard greatly admiring words from Professor Funke in the witness box; this English board urged that they take steps to stop me, a British citizen like no doubt the members of the Board, from entering Germany.

Germany is a country on whose publishers and archives I have been heavily dependent, as this Court is aware. We have only the BfV's reply, dated August 9th 1991, to the Board of deputies. I retrieved a copy of this letter. If your Lordship is wondering how I come into possession of documents like that, I retrieved a copy of this letter from the files of the Prime Minister of Australia; so the same Board in London had evidently also sent its dossiers to its collaborators in Canberra and, no doubt, other countries, in its efforts to gag me worldwide. That is an indication of the worldwide networking that went on, this secret common enterprise, of which the Second Defendant is a party, to destroy my legitimacy as an historian and to deprive me of free speech, of which the Defendants have made themselves the willing executioners.

As is evident from a letter from the Austrian Ambassador dated June 22nd 1992, the Board also applied pressure on that country to ensure that I did not enter, or that if I did I would be arrested. The same kind of thing happened in Argentina.

Lower down the page towards the end: On December 6th 1991, an Internal Office Memo from Macmillan's files -- my own publisher in London -- records that "quite a number of people" had commented unfavourably to Macmillan's about them publishing my books, and one person, who was an unnamed Professor of Politics at Oxford, who had evidently learned nothing from the book burning episodes of Nazi Germany, stated "that they would be more inclined to publish with us [Macmillan] if we were not publishing Irving".(The Oxford professor of politics was probably, in my view, Professor Peter Pulzer, identified by Professor Lipstadt in her books as such and quoted by The Independent at the time).

This campaign had been coordinated. In some of its members, it seems that the illiberal spirit of Dr Goebbels lived on behind the Board of Deputies' facade. Meeting behind locked doors at their headquarters in December 1991, December 12, a body identified as the "Education and Academic Committee of the Holocaust Educational Trust, registered as a charitable body, held a conference, including point 6:

"David Irving: Concern was voiced over the publication of the second edition of Hitler's War". This is 1991, 14 years after the first edition."There was debate over how to approach Macmillan publishers over Goebbels Diary". That was the other book they were going to publish of mine. "It was agreed to await new[s] from Jeremy Coleman before deciding what action to take."

We know more of this meeting from the statement to this Court by my witness Dr John Fox, who was present at this cabal in his capacity as editor of The British Journal of Holocaust Education. He testifies as follows:

"As an independently-minded historian, I was affronted by the suggestion concerning MR David Irving [...] At a certain point in the meeting, attention turned" -- do you wish to suggest I move on?

MR JUSTICE GRAY: No. I am reading around what you are reading out to me.

MR IRVING: Yes."At certain point in the meeting, attention turned to the subject of MR Irving and reports that the publishing company of Macmillan would be publishing his biography of Goebbels. MR Ben Helfgott ... turned to me, the only non-Jew present at the meeting, and suggested that 'John'", John Fox, "'could approach Macmillan to get them to stop publication'. I refused point-blank to accede to that suggestion, arguing that in a democracy such as ours one simply could not do such a thing. That amounted to censorship ...

Nevertheless, as the Committee minutes make plain, it was planned by some to consider further action about how best to scupper MR Irving's publishing plans with Macmillan".

The clandestine pressure on Macmillan's began at once. My editor at Macmillan's, Roland Philipps, noted in an internal memorandum of January 2nd 1992 that they should reassure prospective authors that they had turned down many other book proposals from me, and had no plans to continue publishing me after Goebbels. It was not the bravest of postures to adopt, you might think. The memorandum continues: "If this helps you to reassure any prospective authors we are happy for you to say it (although not too publicly if possible)". The desire of Macmillan's to stab in the back, for this stab in the back to be secret from their own highly successful author, myself, is understandable. In fact, their ultimate stab in the back was to come in the summer of 1992.

In May 1992, meanwhile, we find Deborah Lipstadt providing a list of her personal targets, victims, including now myself to the US Holocaust Memorial Museum in Washington; she advised the Museum to contact Gail Gans at the Research Department of the ADL (about whom we have heard) in New York City for additional names, and to "tell her I told you to call her". This establishes that the Defendants consider that that museum, which is a US taxpayer-funded body, was actively participating in their network, and the museum duly provided press clippings from London newspapers relating to me, which have now turned up in the Defendants' files.

The attempts to suffocate my publishing career continued. I mention a second arm of this attack. Since my own imprint, my own publishing imprint, which I had set up myself some years earlier, would not be intimidated as easily as Macmillan's, or indeed at all, the hostile groups applied pressure to major bookselling chains throughout Britain to burn or destroy my books and in particular the new edition of Hitler's War. Some of the press clippings reporting this nasty campaign are in my discovery. They include reports of a sustained campaign of window smashing of the branches of Waterstone's bookstores in the biggest Midlands cities, after complaints were made by local groups.

Waterstones informed one Newcastle newspaper that they were taking books off public shelves "following a number of vandal attacks on book stores across the country". The Nottingham Waterstones took the book off display after a brick was thrown through its window. The campaign clearly coordinated from London. None of this was reported in the national press, but one would have thought that these groups would have recognized the bad karma in any campaign of smashing windows or burning books.

I wrote privately to Tim Waterstone, the head at that time of Waterstones, guaranteeing to indemnify his chain for their costs of any uninsured claims. But he refused to be intimidated by the campaign and, my Lord, that is one reason why I took the names of four Waterstones branches off the list of Defendants in this action at a very early stage.

I am turning the page now, my Lord: Demonstrations organized outside by property, violent demonstrations, police were frequently called. The same newspaper reported -- this is halfway down that following page -- that the Anti-Nazi League and its parent body, the Board of Deputies, were applying pressure to The Sunday Times to violate its contract with me which was the contract to obtain the Goebbels diaries from the Moscow archives. Again, the reason why I mention all of this may be apparent, it is when I make remarks about by my critics, occasionally using vivid language, I sometimes had reason. As an indication of the pressure ----

MR JUSTICE GRAY: MR Irving, I am just wondering, and I am sorry to interrupt you and I am not going to stop you at all, but reading on to about page 54, you describe, do you not, the continuation of what you see as being this really worldwide attempt to close you down as an historian and attacks on your house and pressure of various kinds being brought to bear all over the world. I just wonder whether there is any particular benefit -- tell me if you there is -- in reading out the next seven or so pages? If there is any particular point you want to make, do, but I feel myself we could probably move on to the middle of page

MR IRVING: I will move on to 51, my Lord. When I found out - too late - that this fake evidence had been planted on Canadian files, which resulted in my being deported from Canada in handcuffs on November 13th 1992, I was angered and astounded that a British organisation could be secretly doing this to British citizens. It turned out from these files that academics with whom I had freely corresponded and exchanged information, including Gerald Fleming, had been acting as agents and informants for this body. I submit (which is why I am reading this out) that these are the bodies that collaborated directly or indirectly with the Defendants in the preparation of the book and that the Defendants, knowing of the obvious fantasy in some of what they said, should have shown greater caution in accepting their materials as true.

There was an immediate consequence of this fake data planted on Canadian files. One data report recorded the "fact" that I had written 78 books denying the Holocaust which, of course, is totally untrue. In August 1992 a docket was placed on Canadian immigration files about me saying, among other things, this is a secret file, "Subject David Irving is Holocaust denier, may be inadmissible" to Canada with the result, of course, that precisely that happened. I was arrested on October 28th at Vancouver, making a speech on freedom of speech, deported permanently from Canada on November 13th causing me great financial damage and loss. Access to the Public Archives of Canada was as essential for my future research as access to the PRO in Kew or to those archives in Italy. My Lord, this goes, of course, to the damage that has been caused to me by this general libel at being called a Holocaust denier. That is one proof of the direct and immediate cost of the pernicious label "Holocaust denier". And the same thing, they made the same attempt to get me banned from the United States but failed.

Page 54, my Lord. I now come to Macmillan's final stab in the back. The hand on the blade was Macmillan's but the blade hade been forged and fashioned by all the Defendants in this courtroom, and by their hidden collaborators overseas.

On July 4th 1992, as this Court knows, I had returned Moscow with the missing entries of the Goebbels Diaries exclusively in my possession, having gone there on behalf of The Sunday Times. This hard-earned triumph caught my opponents unawares. Newspapers revealed that the Anti-Defamation League and its Canadian collaborator, the League of Human Rights, sent immediate secret letters to Andrew Neil at The Sunday Times demanding that he repudiate their contract. On Sunday, 5th, the London Sunday newspapers were full of the scoop - and also with hostile comment. On Monday, July 6th, The Independent newspaper reported under the headlines "Jews attack publisher of Irving book", that a UK body which it identified as "the Yad Vashim Trust" with which we, of course, were we familiar, was piling pressure on to Macmillan's to abandon its contract with me to publish Goebbels, failing which they would urge booksellers not to stock or promote it.

Macmillans finally took fright that same day, as I only now know. After their directors inquired, July 6th 1992, in an internal memo, how many of my books were still in their stocks, and having been given totals of several thousand copies of all three volumes of my Hitler biography, representing a value of several hundred thousand pounds, my own editor, Roland Philipps, on July 6th issued the secret order reading: "Please arrange for

the remaining stock of [David Irving's Hitler biographies] to be destroyed. Many thanks". Book burning. They prepared a "draft announcement", but it was not released. Although still a Macmillan author, I was not told. The royalties due to me on the sale of those books were books were lost and destroyed with them. The Defendants' campaign to destroy my legitimacy as an historian, of which the book published by the Defendants became an integral part, had thus reached its climax.

My Lord, I now pass over the next pages to page 57.

The same thing happened in Australia. I spoke in the Munich. Final paragraph: Opponents released -- I am sorry, yes. Opponents released to Australia television the heavily edited version of Michael Schmidt's 1991 video tape of me addressing the crowd at Halle about which we have heard from MR Rampton this morning, the Sieg Heils and the rest of it. As edited, it omitted my visible and audible rebuke to a section of the crowd for chanting Hitler slogans. Grotesque libels about me swamped the Australian press, printed by various organisations including the New South Wales Board of Deputies and various newspapers. One example was an article by a lecturer in politics. He wrote: "Irving has a history of exciting neo-Nazi and skinhead groups in Germany which had burned migrant hostels and killed people ... Irving has frequently spoken in Germany at rallies... under the swastika flag ... himself screaming the Nazi salute..."This is how these stories begin. Unsurprisingly, Australia then banned me too. I was to be refused a visa, they announced, on February 8th 1993 as I was a "Holocaust denier". They had thus adopted the phrase that the Second Defendant, Professor Lipstadt, prides herself in having invented.

This new and very damaging ban on visiting Australia made it impossible for me to work again in the National Library of Australia in Canberra. At great personal expense I appealed to the Australian Federal Court. The Court declared the Minister's refusal of a visa illegal. The government in Canberra therefore changed the law in February 1994 to keep me out. We note from Professor Lipstadt's own discovery that the immigration minister faxed the decision to keep me out direct to one of her source agencies that same afternoon. The same kind of thing happened.

In July 1994, as the resulting fresh legal actions which I started against the Australian government still raged, the Second Defendant was invited by Australian organisations, all expenses paid to visit their country; she was hired to tour Australia, and to slander my name and my reputation and add her voice to the campaign to have me refused entry. The court, my Lord, you will probably remember the Australian TV video which I showed entitled "The Big Lie" in the early days.


MR IRVING: Broadcast in July 1994, it showed both the expert witness, Professor van Pelt, and MR Fred Leuchter. It showed Fred Leuchter standing on the roof of crematorium No. II, about which we are going to hear more, crematorium No. II at Auschwitz which van Pelt declared to be the centre of the Nazi genocide, and the Second Defendant being interviewed while still in Australia (and refusing once again to debate with the revisionists, just as she has obstinately refused to go into the witness stand here and be questioned). Thus I found myself excluded from Australia. We have had now Germany, Canada, South Africa, Australia, New Zealand as well, I lost the ability to visit my hundreds of friends down under and my own daughter too, who is an Australian citizen; and I lost all the bookshop sales that this ban implied in Australia - where my Churchill biography had hit the No. 1 spot in the best seller lists earlier.

Over the page: My lecturing engagements in the British Isles came under similar attack. I had often spoken to universities and debating societies, including the Oxford and Cambridge Unions, in the past, but now in one month, in October 1993, when I was invited to speak to prestigious bodes at three major Irish universities, I found all three invitations cancelled under pressure and threat of local Jewish and anti-fascist organisations. The irony will not elude the court that these Defendants, on the one hand, have claimed by way of defence that I speak only to the far right and neo-Nazi element, as they describe it, and yet it turns out that their own associates are the people who have done their damnedest to make it impossible for many others to invite me.

The Second Defendant, Deborah Lipstadt, had meanwhile made progress with her book. She told her publisher that she had written a certain statement with the marketing people in mind. In other words, sometimes money mattered more than content, in my submission.

She had revealed in September 1991 in a letter: "I have also spoken to people in England who have a large cache of material on David Irving's conversion to denial". We do not know who the people are, but we can, of course, readily suspect who in this case those people were. She is once again not presenting herself for cross-examination, so there are many things we cannot ask her about, including and I would have asked her, in fact, most tactfully the reasons why she was refused tenure at the University of California and moved downstream to the lesser university, in my submission, in Atlanta where she now teaches religion.

In the light of MR Rampton's strictures on my now famous little ditty -- your Lordship will remember the little ditty which I am supposed to have hummed to my nine month old daughter, the racist ditty, which went around the press because MR Rampton issued a press release -- supposedly urging my nine month old little girl not to marry outside her own people, I should also have wanted to ask questions of Professor Lipstadt's views on race had she gone into the witness box. We know that she has written papers, and delivered many fervent lectures, on the vital importance of people marrying only within their own race. Quotation: ("We know what we fight against...", she wrote, "intermarriage and Israel-bashing, but what is it we fight for? ")She has attracted, in fact, much criticism from many in her own community for her implacable stance against mixed marriages, marrying outside their own race. In one book Professor Lipstadt quotes a Wall Street Journal interview with a Conservative rabbi, Jack Moline, whom she called "very brave" for listing 10 things that Jewish parents should say to their children: "No. 1 on his list", she wrote (in fact it was No. 3) "was 'I expect you to marry Jews'."She considered that to be very brave. My one little ditty which I hummed to my nine month old daughter, Jessica, was a perhaps tasteless joke. Professor Lipstadt's repeated denunciation of mixed marriages addressed to adults was deadly serious.

Professor Lipstad accuses me of error or falsification, but is apparently unable to spot a fake even at a relatively close range. She admitted (in a recent interview with Forward) that she used memoirs of the spurious Auschwitz survivor Benjamin Wilkomirski in her teaching of the Holocaust to her defenceless students, according to Professor Peter Novick who has written a book on this. Those "memoirs" have now been exposed, worldwide, as fraudulent. Wilkomirski was never anywhere near Auschwitz. In fact, he was in Switzerland. When it turned out that Wilkomirski have never been near the camp or in Poland for that matter, but had spent the war years in comfort living with his adopted Swiss family, she acknowledged that this "might complicate matters somewhat", but she insisted that the Wilkomirski "memoirs" would still be "powerful" as a novel. It may seem unjust to your Lordship that it is I who have had to answer this person's allegation that I distort and manipulate historical sources.

We have Professor Lipstadt's handwritten notes, however, in the rather meagre discovery, evidently prepared for a talk delivered to the Anti-Defamation League in Palm Beach, Florida, in early 1994, which again is meagre but substantive evidence of her connection with the Anti-Defamation League. In these, if I read her handwriting correctly - and she appears to be relying on something Lord Bullock had just said - she states that my aim seems to be to de-demonize Hitler; and that I had said that Roosevelt, Hitler and Churchill were all equally criminal. This is hardly "exonerating" any of them. Summarising Hitler's War (the 1977 edition) she calls me merely an "historian with a revisionist bent" which is rather like AJP Taylor - and she adds, and this seems significant - "Irving denies that Hitler was responsible for the murder of European Jewry. Rather, he claims that Himmler was responsible. But he does not deny its occurrence. Had she stuck with that view, of course, of my writings, which is a very fair summary of my views, both then and now, she and we would not find ourselves here today.

But she was led astray, my Lord. She fell in with bad company, or associates. These things happen. We know that, in conducting her research for the book, she spoke with the Board of Deputies, the Institute of Jewish Affairs, the Anti-defamation League and other such worthy bodies, since she thanks all of them in her introduction.

My Lord, I have given a list of the bodies she thanks in an affidavit which is contained in my bundle based on the introduction to her book.

Some time in 1992 her book was complete in its first draft, and Professor Lipstadt sent it to the people who were paying her, the Hebrew University of Jerusalem. We do not know what was in the book, since I cannot question the second Defendant and she has not disclosed the early draft, with Professor Yehuda Bauer's scribbles on it, as he said, in her sworn list of documents. The early draft was clearly discoverable but it has not been

provided to us. We do know however what was not in it. We know that there was no mention of his Hizbollah and Hamas and Louis Farrakhan and the November 1992 terrorists in Stockholm, or of the lie about my speaking on the same platform with them. In fact, we also know that in this first draft I was merely mentioned in passing. This is a book about denying Holocaust and I am only mentioned in passing. This is evident from the letter which Professor Yehuda Bauer wrote back to her, congratulating her on November 27th 1992. Bauer complained that the book lacked the "worldwide perspective" and said, "Irving is mentioned, but not that he is the mainstay of Holocaust denial today in Western Europe" which is where all the misery then began of course.

Somehow therefore I had to be shoe horned into the text before publication. Professor Bauer urged her too not to write things inadvertently that might convince the reader that there was something to what revisionists or deniers said, although that is hardly a true scholar's method, to suppress mention of opposing arguments. In a letter to Anthony Lerman, of the Institute of Jewish Jewish Affairs, (the same MR Lerman who would spread later the lying word that I had supplied the trigger mechanism for the Oklahoma City bomb) Lipstadt revealed that there was an earlier incarnation of the book.

Now, that earlier incarnation, to use her words, has also not been disclosed in her sworn list of documents. She had been ordered to swear an affidavit on her list, my Lord, which is why there is a sworn list, because of discrepancies previously. When I made a subsequent complaint about deficient discovery, her solicitors reminded me that I could not go behind her affidavit under the rules until she presented herself for cross-examination, which I think is, if I may say so, my Lord, deceptive. Had they intended not calling this witness to the witness stand, they should not have written that to me. This chance of cross-examining the witness has been denied to me.

Professors Lipstadt spent of that last month of 1992 therefore putting me into the book, whereas I had only previously been mentioned, and thus putting herself into this court room today. They were the weeks after the spectacular success of the global campaign to destroy my legitimacy, which culminated with getting me deported in manacles from Canada on November 13th, 1992. [Transcription note: The Canadian Immigration adjudicator found that Mr. Irving had fabricated his testimony. See http: //]

"I am just finishing up the book" she wrote to Lerman on December 18th "and, as you can well imagine, David Irving figures into it quite prominently". She pleaded with Lerman to provide, indeed to fax to her urgently, materials from "your files". Your Lordship may think that this haste to wield the hatchet compares poorly with the kind of in-depth years long shirt sleeved research which I conducted on my biographical subjects. "I think that he (in other words Irving) is one of the most dangerous figures around", she added, pleading the urgency. It was a spectacular epiphany, this court might think, given that only three weeks earlier the manuscript barely mentioned me, as Bauer himself had complained.

From being barely mentioned to being one of the most dangerous figures around.

Lerman faxed his materials to her from London a few days later. We do not know precisely what, and it is a complete extent, as here too the defendants' discovery is only fragmentary, and these items were provided to me, again only in response to a summons.

That is an outline of the damage, and the people, including specifically the Defendants in this action, who were behind it. MR Rampton suggested at a very early stage that I had brought all of this on my myself, that I even deserved it. He was talking about the hate wreath that was sent to me upon the death of my oldest daughter. We shall see.

My Lord, I now come to Auschwitz Concentration Camp.

Auschwitz has been a football of politicians and statesmen ever since World War II. The site has become, like the Holocaust itself, an industry, a big business in the most tasteless way, the Auschwitz site. The area, I am informed, is overgrown with fast food restaurants, souvenir and trinket shops, motels and the like. As MR Rampton rightly says, I have never been to Auschwitz and MR Rampton knows the reason why. The Auschwitz authorities said they would not allow me to visit the site and they would not allow me into their archives, and they have every reason to know why they do not want to allow a David Irving to get his hands on their papers. Under Prime Minister Josef Cyrankiewicz (who had been prisoner number 62,993) it was known at its opening in 1948 as a monument to the martyrdom of the Polish and other peoples.

Auschwitz was overrun by the Red Army in January 1945. The last prisoner had received the tattooed number 202,499. Informed by Colonel General Heinz Guderian, the chief of the German Army general staff, that the Russians had captured Auschwitz, Hitler is recorded by the stenographers as saying merely "yes". The court might find it significant that he did not prick up his ears and say something like, "Herr Himmler, I hope you made sure the Russians will not find the slightest trace of what we have been up to".(Or even, "I hope you managed to get those holes in the roof slab of crematoria No. II cemented over before you blew it up".)I will shortly explain the significance of that. When the name of SS General Hans Kammler, the architect of the concentration camps, was mentioned to him a few days later by Goebbels, it was evident that even Kammler's name meant little to Hitler because Goebbels commented on the fact.

How many had died at Auschwitz? We still do not know with certainty, because the tragic figure has become an object of politics, too. Professor Arno Mayer, the Professor of European history at the University of Princeton, a scholar of considerably greater renommee than Professor Evans, and himself a Jew, expressed the view in one book that most of the victims of the camp died of exhaustion and epidemics. He said: "From 1942 to 1945 more Jews died, at least in Auschwitz and probably everywhere else, of 'natural' causes of death than of 'unnatural'."

The Russians who captured the camp did not at first make any mention in their news reports of gas chambers. There is a famous report published in the first day or two in February 1945 in Pravda. Moreover, as we saw on the newsreel, which I showed on the first day of this trial, even the Poles, with access to all the records, claimed only that "altogether nearly 300,000 people from the most different nations died in the Auschwitz concentration camp". This is the news reel trial of the trial of the Auschwitz officials."300,000 people from the most different nations died in the Auschwitz concentration camp". It concluded that the camp now stood as a monument of shame to the lasting memory of its 300,000 victims. In both cases gassing was not mentioned. The New York Times quoted the same figure 300,000 when the trial began in 1947. The figure gradually grew however. The Russians set up an inquiry including some very well-known names, including the experts who had examined the Nazi mass graves at Katyn, and even the notorious Lysenko. They announced that 4 million had been murdered at Auschwitz. Under the Polish communists, a monument to "4 million dead", with those words on it, was duly erected, a number which was adhered to until the 1990s even under Franciszek Piper, one of the later (but still communist) directors of the Auschwitz State Archives. After the communist regime ended that figure was brought down to 1.5 million, and then to 750,000 by the acknowledged expert Jean-Claude Pressac. The Defendants' own expert Peter Longerich spoke of one million deaths there from all causes, and then in response to cross-examination by myself and to your Lordship's enquiries, Dr Longerich confirmed that he included all non homicidal deaths, deaths "from other causes", including epidemics and exhaustion in that overall figure of 1 million.

Perhaps I should pause there and say that these figures seem appalling figures but, if it is one million or 300,000 or whatever the figure is, each of them means that many multiples of one individual. I never forget in anything I have said or written or done the appalling suffering that has been inflicted on people in the camps like Auschwitz. I am on the side of the innocents of this world.

As for the overall death roll of the Holocaust, what meaning can one attach to the figures? The International Military Tribunal at Nuremberg found that the policy pursued resulted in the killing of 6 million Jews, of which 4 million were killed in the extermination institutions, but the 6 million figure derives, as the American chief prosecutor Jackson recorded in his diary in June 1945, from a back of the envelope calculation by the American Jewish leaders with whom he met in New York at that time. Professor Raul Hilberg puts the overall Holocaust figure at one million or less. Gerald Reitlinger had the figure at 4.6 million, of which he said about 3 million were conjectural, as it was not known how many Jews had escaped into the unoccupied part of the Soviet Union. The Israeli prime minister's office, we are told by Norman Finkelstein, recently stated that there were still nearly one million living survivors.

There are doubts not only about the precise figures but about specific events. The same Nuremberg tribunal ruled on October 1st 1946 that the Nazis had attempted to utilise the fat from bodies of victims in the commercial manufacture of soap. In 1990 historian Shmuel Krakowski of Yad Vashem announced to the world's press that that too had been a Nazi propaganda lie. Gradually the wartime stories have been dismantled. As more documents have been found, widely stated propositions have been found to be doubtful. For a long time the confident public perception was that the Wannsee protocol of the January 20th 1942 meeting at the Interpol headquarters in Berlin, Wannsee, recorded the actual order to exterminate the European Jews. Yehuda Bauer, the director now of Yad Vashem, the world's premier Holocaust research institution in Israel -- one of the correspondents of the second Defendant you remember -- has stated quite clearly: "The public still repeats time after time the silly story that at Wannsee the extermination of the Jews was arrived at". In his opinion Wannsee was a meeting but "hardly a conference", and he even said: "Little of what was said there was executed in detail". Despite this, your Lordship has had to listen to this "silly story" all over again from the expert witnesses.

Surely, my critics say, there must now be some evidence of a Hitler order.

Back in 1961 Professor Raul Hilberg, one of Yehuda Bauer's great rivals for the laureate, one of my correspondents, asserted in "The Destruction of the European Jews", his book, that there had been two such orders, one in the spring of 1941, and the other soon after. By 1985, after I had corresponded with him and I had begun voicing my own doubts, Hilberg was back pedalling. Hilberg went methodically through his new edition of his book, excising the allegation of a Hitler order. It is not as though he did not mention the Hitler order. He actually went through a book, taking every reference to it out."In the new edition", as Professor Christopher Browning, another of our expert witnesses here for the defence, who testified before this court, said, "all references in the text to a Hitler decision or Hitler order for the Final Solution had been systematically excised. Buried at the bottom of a single footnote stands the solitary reference: 'Chronology and circumstances point to a Hitler decision before the summer ended (1941)'"."In the new edition", Browning repeats, scandalized, "decisions were not made and orders were not given". Your Lordship will find my exchange with Professor Browning as to whether he had indeed written those words in 1986 on day 17. You will find too that he regretted that he could not recall the events clearly of 15 years ago, which invited a rather obvious riposte from me about the probably similar memory deficiencies in the eyewitnesses on whom he had on occasions relied.

The director of the Yad Vashem archives has stated that most survivors' testimonies are unreliable. There is a quotation from him."Many", he writes, "were never in the places where they claim to have witnessed atrocities, while others relied on second-hand information given them by friends or passing strangers". It is the phenomenon that I have referred to as cross-pollination. Your Lordship may have been as startled as I, I confess, was, upon learning the degree to which the case for the mass gassings at Auschwitz relies on eyewitness evidence, rather than on any firmer sources. Your Lordship will remember perhaps the exchange I had with Professor Donald Watt, professor emeritus at the London School of Economics, a distinguished diplomatic historian, early on in the trial, about the value of different categories of evidence. I will just summarize that. I asked him, I said, Professor I was not going to ask you about-- --

MR JUSTICE GRAY: He said it all depends, did he not, really? Is that unfair as a summary?

MR IRVING: Well, my Lord, I draw your eyes straight down to the second line from the bottom. Professor Watt answers all of that, saying:

The Bletchley Park intercepts, in so far as they are complete, are always regarded as the most reliable because there is no evidence that the dispatcher was aware that his messages could be decoded by us (by the British), and therefore he would put truth in them".

This supports my view, my Lord, that eyewitness evidence is less credible than forensic evidence and the Bletchley Park intercepts. I do not completely ignore eyewitness evidence, but I feel entitled to discount it when it is contradicted by the more reliable evidence which should then prevail.

I mention the forensic evidence and that brings us seamlessly to the Leuchter report.

I am criticised by the Defendants for having relied initially on what is called the Leuchter report, 1988. At the time they levelled their criticism at me the Defendants appeared to have been unaware that subsequent and more able investigations were conducted by both American and Polish researchers. The tests were in other words replicated.

First, the Leuchter report. In 1988 I was introduced by defence counsel at the Canadian trial of Ernst Zundel to the findings made by a reputable firm of American forensic analysts of samples extracted from the fabric of various buildings at Auschwitz and Birkenau by Fred Leuchter, who was at that time a professional American execution technology consultant. These and his investigations at the Maidanek site formed the backbone of his engineering report. Since there have been tendentious statements about why the Leuchter report was not admitted in evidence at that trial in Canada I have studied the transcripts of that trial. It emerges that engineering reports are not generally admissible under Canadian rules of evidence unless both parties consent. In this case the Crown did not consent. As MR Justice Thomas explained, "I get engineering reports all the time (that is in civil cases). That does not make them admissible, because they have prepared reports. They (the witnesses) go in the box, they are qualified experts and they testify". So the non-admission of the report by MR Justice Thomas was no reflection on the worth of the report or on the qualifications of the witness.

My Lord, I have to go in some detail into the Leuchter report because of the criticisms levelled at me for having been swayed by it.

MR JUSTICE GRAY: Yes. I do not disagree with that.

MR IRVING: MR Leuchter testified on April 20th and 21st 1988 as an expert in gas chamber technology. He had inspected the three sites (Auschwitz/Birkenau and Maidanek) in February 1988 and he had taken samples which were subsequent sent for analysis by a qualified analytical chemist in the United States, a Dr James Roth of Cornell University, who was not told where the samples had come from. His firm Alpha Laboratories, were told on the test certificates only that the samples were from brickwork. MR Justice Thomas ruled that Leuchter would give oral evidence but that the report itself should not be filed. He held further that MR Leuchter was not a chemist or a toxicologist, which are findings, of course, that he is quite entitled to make, but he agreed that MR Leuchter was an engineer because he had made himself an engineer in a very limited field.

A summary of the rest of the judge's findings was that Leuchter was not capable in law of giving the expert opinion that there were never any gassings or exterminations carried on in the facilities from which he took the samples. For the same reasons he was not capable of testifying regarding the results of the analysis, because he was not a toxicologist in other words. He was restricted to testifying as to the actual extraction of the samples from the buildings and his own observations on the feasibility of the buildings that he had examined being used as gas chambers.

So the Defendant was wrong to write on page 164 of her book, "The judge ruled that Leuchter could not serve as an expert witness on the construction and function of the gas chambers". To give evidence in a criminal trial MR Leuchter must have been accepted as an expert witness. Further, Professor Lipstadt stated on pages 164 of her book, and 165, "The judge's finding as to Leuchter's suitability to comment on questions of engineering was unequivocal". In fact, the judge's findings referred only to his lack of qualifications to testify on the results of the laboratory tests for cyanide and iron, because that was Dr Roth's area, and he himself (Roth) gave testimony on those matters. On page 169 Professor Lipstadt insists: "The exposure to the elements lessen the presence of the hydrogen cyanide ... Nor did Leuchter seem to consider that the building had been exposed to the elements for more than 40 years so that cyanide gas residue could have been obliterated. He also took samples from a floor that had been washed regularly by museum staff". Dr Roth however testified under oath that the formation of Prussian blue, which is a cyanide compound, was an accumulative reaction, that it augmented with each exposure to the gas, and that it did not normally disappear -- in other words, could not be just washed away -- unless physically removed by sand blasting or grinding down.

Roth seems then to have changed his mind, to judge by the television film " MR DEATH" which I believe is shortly to be shown on Channel 4, and upon which film both I and learned counsel in the current action partially rely. Zundel's counsel comments, "He (Roth) obviously is frightened now", and no wonder, considering what subsequently was inflicted on MR Leuchter. Your Lordship will remember that, in order to destroy Roth's absurd argument, which was quoted to the court by MR Rampton, learned counsel, that the Prussian blue stain would have penetrated only a few microns into the brickwork. I showed a photograph of the stain penetrating right through the brick work to the outside face of one of the cyanide fumigation chambers, where it has been exposed to sun, wind and rain for over 50 years, and where it is still visible, as deep and blue as ever today. Crematorium II has been protected from these outside elements. It is possible to crawl beneath the famous roof, the one we were hearing about, the one with the no holes. You can crawl beneath it even now -- about which roof I shall have more to say -- but neither Jan Sehn, nor Fred Leuchter, nor James Roth nor Germar Rudolf, nor any of the subsequent investigations have found any significant traces of cyanide compounds present in the fabric of this building, despite the eyewitness accounts of that same chamber having been used for the gassing of half a million people with cyanide. Moreover, the wood grain of the original wooden formwork (or moulds) can still be seen on the face of the concrete, which is evidence that it has not been sandblasted or grounded down.

Now, my Lord, this takes us to the famous roof of Leichenkeller No. 1 of crematorium No. II at Auschwitz.

I referred earlier to the expert witness on Auschwitz and Birkenau in this case, Professor Robert van Pelt. He has made unequivocal statements both here and elsewhere about crematorium II at Birkenau. To him it was the factory of death, the mass gassing chamber of Birkenau. He did not mince his language. In the new television film MR DEATH we saw him and we heard him, as the film camera showed Fred Leuchter descending into the hole which was broken post-war through the collapsed concrete roof slab and reinforcing bars of Leichenkeller I (morgue No. 1) of crematorium II and we heard him uttering these words, quoting off the sound track:

"Crematorium II is the most lethal building of Auschwitz. In the 2,500 square feet of this one room, more people lost their lives than any other place on this planet.500,000 people were killed. If you would draw a map of human suffering, if you created a geography of atrocity, this would be the absolute centre."

The court will recall that on ninth day of this action I cross-examined this witness most closely about this statement and I offered him a chance to change his mind about the pivotal importance of crematorium II and its underground Leichenkeller No. I (morgue No. 1) the chamber which van Pelt alleged had been a mass gassing chamber.

IRVING: Very well. You say: This is quoting him from his report ----

MR JUSTICE GRAY: You need not read the whole of it. He confirms that it is Leichenkeller I at crematorium II where he says the 500,000 were killed.

MR IRVING: Thank you, my Lord. The expert witness could hardly have been clearer in his answer.

At page 53, I then asked him to identify the buildings referred to on the aerial photographs of Birkenau and crematorium II, so that there could later be no doubt as to which precise building he had just agreed was the factory of death at Auschwitz, Auschwitz/Birkenau.

The great problem about accepting that this building was an instrument for mass murder is that the evidence produced by Professor van Pelt relies on three "legs", if I can borrow MR Rampton's word, a handful of eyewitnesses, a few architectural drawings, and a slim file of documents.

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