Jul. 20, 2000 ACTION REPORT 1 July 20, 2000 AR#17

DISTRIBUTED FOR THE INFORMATION OF DONORS TO THE FUND InIn thisthis issue:issue: • On Jan. 11, 2000 the Trial of the Century Began in Britain’s historic High Court • On Mar. 15 David Irving and Defence Counsel make dramatic Closing Speeches • On Apr. 11 Judge Gray hands down his scathing Judgment ... and the next stage begins • Read these dramas here in A Radical’s Diary:-

Spielberg, Bronfman, AJC gave Six Million Dollars to the Lipstadt Liars BY DAVID IRVING ROUND TWO TO GO TO January 9, 2000 LL DAY TODAY, SUN- day, on final pre- parations. Head UK COURT OF APPEAL swimming. At 2:45 Into Battle ... Astonishing Post-Trial Revelations in U.K. Press p.m. a phone call Afrom The Daily Express: The LONDON – Author David Irving is to challenge the unfavour- German government is asking able Judgment handed down in the British High Court in his for my extradition. “Is this the defamation action against Atlanta scholar Deborah Lipstadt first you have heard of it?” the and her UK publishers, Penguin Books Ltd. The two-month journalist asks. “Yes,” I say. “If trial was followed with intense curiosity by the international that’s the quote you want, – ‘It is www.fpp.co.uk/online.html media, but in the words of Mr. Irving cast more noise than the first I have heard of it’.” for regular updates on Because of a speech I made in Sept. the libel appeals and illumination on one of the greater mysteries of World War II. 1990! views on the other news Many journalists commented on tism are not alleged in the Lipstadt I sarcastically point out that (a) the the courtroom spectacle as Mr. Irv- book (which Penguin admitted was Germans will have to get a move ing battled single-handed against enjoying “negative sales” – more on, as the “crime” expires after A letter from David thirty leading lawyers and experts. returns than sales), the defence ten years; and (b) I have lived at Lipstadt herself is Jewish, and dragged these topics in to distract Irving to his supporters this same address for 32 years, has written extensively attacking from arguments on the Holocaust, Jews who marry outside their own the death figures, Adolf Hitler’s per- with the same phone number, My Dear Friends: race and religion; but while most of sonal involvement, and the exact and they know where to find me. Round One is behind us. the Six Million Dollars used to fight nature of the Auschwitz death camp. As the Polish government agreed Mr. Irving came from Steven Mr. Irving scored several direct in 1995 that what I said in 1990 We fought hard, relying on Spielberg, Edgar J Bronfman Jr., hits during the action. Lipstadt’s is true, I am astonished, I say, naked intellect and the and the American Jewish Commit- chief architectural witness admitted that the German government is truth. The enemies of free tee (as the press revealed), the De- he was an unqualified, unregistered “still trying to brazen it out.” fence team, led by star attorney charlatan who would be arrested if When he asks, “Do you still de- speech used money . . . we Anthony Julius, went to great pains he stepped outside the courtroom had no idea, until the very scribe yourself as a ‘fascist’,” I to preserve a “non-Jewish” image. and called himself an “architect”. say: “I really am very busy, good- Julius even had a Black paralegal This witness was also forced to last day, just how much bye,” and hang up. Twerp! sit briefly in the well of the court, admit that the Auschwitz gas cham- was being poured in, to after Mr. Irving made a withering ber story rested on a handful of six Six p.m., Jessica and I walk a bun- enable the witnesses to attack on Defence Counsel Richard “eye witnesses” who saw SS offic- dle of documents (on Hamas, testify in the way they Rampton for having a wholly White ers pour cyanide pellets through four etc.) down to [Penguin Books team while accusing him of “rac- large holes in the roof. There are Ltd’s lawyers] Davenport, Lyons. did. The Judge did his job ism” (Mr Irving has often employed 10,000 survivors, Mr. Irving pointed Work on revising my opening state- conscientiously, but in a minorities as his personal staff). out, but only these six are ever ment until two a.m. Courtroom awash with Although racism and anti-Semi- Court PAGE 13 Diary PAGE 2 torrents of dirty money I believe he found it We still counsel). Her publisher Penguin Books Ltd urgently THE LIPSTADT CASE difficult to separate the also decided not to venture onto the witness need sup- stand. History from the Histri- port to She is now touring the world at , a onics. The press left the carry on Putting their Money the fight pop, addressing audiences in Los Angeles, Judge in no doubt of his through Chicago, Miami, Tel Aviv, and elsewhere, fate if Judgment went the Court on the Table on how she single-handedly “slew the against Deborah Lipstadt of Appeal. dragon.” And good luck to her, I say; I hear by David Irving she’s complaining about three months’ loss and her publisher — Use the en- velope pro- IN MY British High Court libel action of income, though Emory University, it neither of whom had the vided, or against her, Emory University professor seems, gave her three months’ paid leave of courage to testify. You will mail to Deborah Lipstadt “took the Fifth”. While I absence for the trial, during which she lived in a luxury London hotel. see from my Trial Diary P O Box offered myself for cross examination, and something of the nature of 1707, was put through the hoops by Britain’s Of course, nobody pays me for the three Key West, most fearsome and highly paid (fee: years I lost preparing the trial. the battle.— Which FL 33041 ,) counsel for three weeks, she I had no choice, given that Lipstadt’s continues...! easiest of all, ducked out of testifying on the witness allies had for ten times as long spearheaded go online at David Irving, www.fpp.co.uk/ stand, even though she would have had help only me facing her (I could not afford London Money BACK PAGE 2 ACTION REPORT Jul.20, 2000 The Defamers Penguin Books the KGB archives in Moscow); David Irving v. Penguin Books Ltd and managing director and author n     Prof Deborah Lipstadt Deborah Lipstadt, right, arrive at the courtroom effort primarily on restat- High Court on Day 1, Jan. 11, 2000 ing in exhaustive, tedious and confus- ing detail the historical Under the new Civil Procedure Rules in the calls the “Holocaust de- U.K. each of the parties provides to the Court record, as it is known a 500-word summary of the issues. This was niers”, an odious phrase today, on the persecu- David Irving’s Summary. which she herself claims to tion of the Jews by the have coined; until thus in- Nazis and their collabo- structed by those paying her, rators.     ,   Prof. Lipstadt had not even author of about thirty works of history, mentioned Mr. Irving in her What is known today (most of which is not published by respected mainstream UK completed book. The First and international publishers since , Defendants published the and has never been dis- puted by the Plaintiff) is and accorded the widest attention in work. the popular and serious press. He has not however what is at The work attacks the Plain- issue in this part of these been called one of the most widely read tiff both ad hominem and as an histo- historians in the English language. His proceedings: the issue here is solely rian, depicting him as a neo Nazi who whether the Defendants (upon whom books are widely quoted as references has knowingly distorted and manipu- by others including HM Government’s the burden of proving their pleaded lated the historical record in pursuit of defence of justification lies) can show official historians. Until about  he a political agenda. had access to every country in the world that the Plaintiff manipulated histori- and their archives, including the former The collateral attempt by the Defend- cal evidence i.e. what matters is what communist countries. ants to blacken further the name of the the Plaintiff knew at the time, yet wil- Plaintiff, while risky in itself, is one fully and perversely disregarded in pur- Disaffected by his findings, various which is permitted for the purposes of suit of his alleged agenda. British and international organisations, mitigation of damages only, and can be primarily of the Jewish communities, The Plaintiff will resist any attempt to dealt with readily by the normal proce- use the court room to refight World began in the  to make overt and dures of court. covert attempts to destroy the plain- War II, or to rewrite the history of that tiff’s career by robbing him and his It is appears however, from the De- war. The issues are those pleaded in the works of their legitimacy. They also fendants’ pleadings, that they: statement of claim, which is already secretly sought to have him physically n       wide enough. n barred from other countries and their libels which they, but not the Plaintiff, archives. The Second Defendant [Prof. regard as lesser (e.g., the allegation Lipstadt] made herself the willing ex- that the Plaintiff consorted with Louis Penguin Books later complained to the press about the ecutioner of this campaign, accepting a Farrakhan and the Hizbollah terrorist millions of pounds they spent to defend themselves in this action. In Jan. 1998 and again in Aug. 1999 Mr. fee to insert Mr. Irving’s name and leaders, and that he deliberately Irving offered privately to release them from the action if works into a manuscript that she had cheated a colleague out of the credit they paid a token sum of £500 to a charity for the disabled written analysing the people whom she for finding the Goebbels Diaries in in memory of his daughter.

Diary FROM PAGE 1 January 10, 2000 national paper, sounds silky and friendly. The worst kind. (Monday) Last pre-trial day. I Benté feeds answers to her be- take Jessica to school; what a fore she realises it is a journal- bright little bird she is. . . ist. A useful item is faxed to me from I ask the cab driver to stop a hun- Her mother has read the Danish Australia: today’s Australia/Is- dred yards short of the Court’s newspapers: “Why has he got rael Review reveals that Debo- main entrance, so I can pay the grey hair?” she asks. Benté rah Lipstadt pressured St. Mar- fare; but as we then cover the points out that her mother has tin’s Press (New York) not to last hundred yards a throng of grey hair too. publish my Goebbels biography. pressmen mobs me. I settle in for another long night’s I shall add that to my opening The wall of silence has probably work. speech. been broken through. I am 10:06 a.m. Helen Demidenko of trained for an hour on the January 13, 2000 Style (Rupert Murdoch press, Courtroom computer system. Australia) phones; she is in At midday the public and press (Thursday) During the night an London, wants an interview. are allowed in. Every chair and anonymous e-mail advises me I visit the Courtroom. It is a bee- every inch of standing room is that Stuttgarter Zeitung has re- hive of activity as my oppo- taken. The heat in the room ported today that Germany has nents are installing their feet of gradually rises during the day. applied for my extradition; it’s shelving and documents. [I deliver my opening state- getting nasty! The report adds: 5:15 p.m. New York Times, a Miss ment all day]. WEINHEIM – Weinheim Magis- Sarah Lyall, phones for an in- In the evening Robert Treichler trates Court has requested the terview; she’ll be covering the and a young reporter, Eva Me- British government to extra- case. When she gets, after ten nasse of Frankfurter Allge- dite David Irving. minutes, to: “Are you an anti- meine Zeitung, come over to Against the “self appointed Semite?” I am afraid I put the Duke Street for an interview. historian,” as the Mannheim Ready for Battle David Irving ar- public prosecutor in question phone down. Lyall is all lies. The latter is bitchy, but not bad rives at the High Court for the first calls the 61 year old, there has 5:38 p.m. CNN television phones looking (and of course Jewish). day of the action on Jan. 11, 2000. been since 1996 an indictment to ask which High Court en- for racial incitement. It goes trance am I using tomorrow, January 12, 2000 back to a lecture which Irving and when? coverage is exceptionally level. delivered in Weinheim at the invitation of the then chair- Work all day on tomorrow’s The morning press is filled with I write a note to Judge Gray man of the NPD Günter speech. 150 e-mails arrive. trial photos. With the shoddy about the editorial, which in Deckert, in the mid 1990s. [*] exception of The Independent, my view borders on contempt. The 61 year old had made a January 11, 2000 which runs an editorial calling In the evening I collapse onto a name for himself on that occa- sofa and fall asleep repeatedly, sion among the circles con- me “loathsome,” and bemoan- cerned because he challenged (Tuesday) I work through the ing the fact that libel actions waking with a worsening head- Hitler’s blame for the war and night until 5:45 a.m., and am can take place in an arena ache each time. among other things main- up again at eight to take Jessi- where free debate should reign Lady Olga Maitland phones for a tained that the Holocaust had ca to school. Not good policy. (ho-ho! Free debate!), the press * In fact on Sept. 2, 1990 Jul. 20, 2000 ACTION REPORT 3 not occurred. ry entry in Goebbels Diary ashen-faced and hardly able to tion, no doubt, I have the sense While Deckert was sentenced [Dec. 13, 1941], that does not walk. What a worry. that things are sliding against to prison long ago for these mean that I have read the en- 3:33 p.m. G. says the Frankfurter me; I must restore the balance events, the planned Court hearing against Irving in the tire entry for that day in the Allgemeine Zeitung ran a fine as soon as this ordeal [cross-ex- summer of 1997 had to be can- Moscow archives. They evident- article about me (and Jessica) amination] is over. celled because the accused did ly have not appreciated that, on Thursday. Thank you, Eva not appear on the trial date. for when I get back, during the Menasse. Around four p.m. he HE JUDGE IS NOT BEING The attempt to summons him evening, a fax comes from [Pen- phones again, to donate helpful about my need to in- via the German embassy also T failed. guin’s lawyers] Davenport, Ly- DM5,000 to the fighting fund. troduce my own bundles of doc- The accused had travelled to ons: can they have a look at all Fierce attack on the Los Angeles uments in evidence. the United States. the Goebbels diaries I brought Times by the L.A. Jewish Jour- Worse, he is reading the daily As has just been made back from Moscow. nal. They are fighting back press reports on the trial, as he known, Weinheim magistrates I collapse exhausted on the sofa with snakelike venom and ad admits when I ask point blank. Court thereupon commenced extradition proceedings. in the evening, but am repeat- hominem attacks on the jour- But he avers that he pays no After the British government edly wakened by the phone. nalists who do their duty prop- attention to them; is that how- in lengthy preliminaries de- I wish Benté would come to Court erly – in this case, Kim Murphy ever truly possible? The press clared their basic readiness to just for an hour. But she is not of the Los Angeles Times. contain so many lies about me, support the German authori- well. . . She is looking very that some are bound to stick. ties, in August last year the of- beautiful: or is it just that I am ficial extradition request was January 16, 2000 Back at 4:30 p.m., and I get some served, as the Court director very fond of her. shut-eye during the evening, has stated in response to an Around ten p.m. I start work: A (Sunday) I having turfed R. and Dragan inquiry. HUGE backlog of paperwork. work out early. Benté is I am It seems however doubtful glad to say in better spir- that there will be any trial of late, and Irving as the allegations January 14, 2000 finally its after a visit to the doc- against him will run out of get to bed tor. But I am at a loss to time in September this year. (Friday) Finally to bed suggest how things may at 2:48 a.m., and up go from now. What a worry . . . Bed around 4:30 a.m., and up again at eight to take ○○○○○○ again at eight to take Jessica to Jessica to school. The school. Rocking on my feet and Times says I looked January 18, 2000 feeling distinctly bad. tired in the box yes- Fine press coverage of the trial to- (Tuesday) Taxi gets caught in bad terday: small wonder! jams. We just make it again. day. Every newspaper reports Newspapers today are Judge Gray listens with interest my comment, yesterday, that muted. The Times re- to the item on the Dec. 1942 “no British soldier would have ports Germany’s ex- Himmler document (LEFT), a gone 50 yards up the Nor- tradition attempts, mandy beach in 1944 if they Meldung, and another Meldung The Telegraph has had known what England that was twice “vorgelegt”; but I nothing at all. At 9:45 would look like at the end of don’t know if he really gets the the century.” a.m. Jessica Berry of point or agrees with me. [Many British national newspapers The Sunday Tele- Rampton cross-examines; I am on repeated this a few days later as graph phones. I warn their Quote of the Week.] straight away, “I know my feet for six hours again. Tough going, and there are plau- Taxi to Court. I hand the Judge a who you are and I dits from the public. I am not so letter about the Stuttgarter Zei- know the people you sure, the Judge is sliding into tung, asking if I may cross-ex- are operating with his old friend’s camp. amine the defendants’ solicitors [i.e. the Board of Dep- Hope I can recoup this when I on this. He says he will not per- uties of British Jews]. take back the trial [i.e. start mit my arrest during the trial I may not answer Submitted (“vorgelegt”) to Hitler Or was cross-examining]. The Judge (or words to that effect) and Mr. your questions.” She it? A report on the execution of 363,211 Jews agrees that we should present Richard Rampton QC [Defence asks: “Are you pre- as partisans and accomplices (Bundesarchiv). arguments on the relevance of Counsel] volunteers the infor- pared to consider call- Auschwitz on Thursday. mation that his instructing so- ing Germar Rudolf for Back home at five p.m. I sleep a licitors are not involved in the your Defence.” around 3:30 a.m. lot on the sofa, then work until extradition application. I say: “No, I am not going to an- More good reports in the Frank- two-thirty a.m., solving some I accept this of course, though as swer that.” “Okay.” furter Allgemeine Zeitung. bad computer problems (caused the Judge said, it is obviously Let’s leave the [–] in the dark. As My e-mail correspondent (code- I think by Jessica’s CD Roms of “no coincidence.” I told Rudolf some days ago, I name “Polina”) arrives: turns am not calling him and could out to be that old rogue Dr. Mir- Anastasia). not if I wanted to, as the lists go Dragan, from Connecticut T ONE POINT RAMPTON RE- closed months ago. What does (he says he has been in the January 19, 2000 A fers to the “waffle” contained she mean, anyway – “For your USA for 37 years, but he still in some document, and I say Defence”? Lapsus linguae! speaks a tortured English – al- (Wednesday) A lethal day; I feel that there is as much waffle as 10:10 a.m. I send a fax to Daven- most wholly unintelligible). He tired and heavy. I went to bed there is coming from Counsel’s port Lyons suggesting they con- has brought superb large-scale around three a.m. finally, and bench in this action. tact Mönchen-Gladbach city ar- vertical photos of the historic am up again at 7:45 a.m. to The Judge is not amused. Ramp- chives if they’re curious about sites at Auschwitz, taken re- take Jessica to school. ton sticks to his view that Ver- the Dec. 13, 1941 Goebbels dia- cently from a helicopter; and The Pole comes back again (he nichtung means only extermi- ry entry; it is in the set I donat- they are not without their uses. left after lunch for the airport, nation. I press him to look at ed to them in June 1993. Work solidly all day, and sleep a finds it is the wrong day, and the Langenscheidt Dictionary 10:40 a.m., a long waffling phone bit too; bed around 2:30 a.m. comes back!) that I glimpse on his desk. I call from M.; he says that A. [a The Judge agrees that we argue happen to know that this gives legal friend] tells him that January 17, 2000 Auschwitz tomorrow: “Roughly, extermination as only the third counsel always put their best is the history of the Holocaust or fourth possible meaning, not points in their opening speech; (Monday) To Court with the luna- relevant to this trial or not?” the primary meaning. if that was the Nov. 30, 1941 tic Pole around ten a.m.; the I phone A. at 9:58 p.m. for a long When he asks me for the distinc- episode [Himmler’s talk with whole of the Strand is closed for talk on the law. Huge press cov- tion between annihilation and Heydrich, PAGE 18] I have roadworks, so we just scrape in erage is beginning around the extermination, I say: “Mr. blown them out of the water. at 10:28 a.m. The Judge allows world – there are entire pages Rampton, I have been annihi- I work until three a.m. tidying up me to argue for half an hour on in Germany, South Africa, Aus- lated by these books. But I have the battlefield. various points before I go back tralia, Israel, and France. Le not been exterminated. Is that into the witness box. Monde says I call myself an “in- sufficient for you?” January 15, 2000 He allows me one or two minor tellectual fascist” – where do I also point out that because I victories during the day, but as they get these stupid quotes, have quoted from a certain dia- (Saturday) Benté is in a bad way, in all periods of cross-examina- which are pure inventions? 4 ACTION REPORT Jul.20, 2000 The Judge does not like the Schle- work in German aircraft fac- letter to a British newspaper him printed alongside: He gelberger Document (PAGE 15): tories and Rüstungsfabriken. which is broadly speaking claims not to have had the Hal- Do we not have a document very supportive of me? he goes for the narrow defini- ifax Diaries, on which he based about the construction of spe- Great help on the other hand tion – that it concerns only cial Auffanglager for the Jews his biography, from me. mixed-race Jews. I point out it in Germany at about this time, from Michael Mills, a history My diaries prove he’s lying (May says die Lösing der Judenfrage, not an Eichmann document? I expert, in Australia, to whom I 12, 16, 31, Aug. 3, 30, 1989; dieser Judenfrage, i.e. the Mis- have asked to come back to reply: Apr. 9, 1990; Jun. 12, 1991, this point on Monday, and I chling question. I dictate notes I have purchased over the Jun. 4, 1992; and Oct. 28, 1997) would like to nail this story last year a dozen wartime Ger- for my closing speech. down quite firmly with a little but I leave it at that. I deal with 100 e-mails in the man dictionaries, and shall This morning I say to Jessica, dossier of documents. take the 1935 Routledge dic- evening; there is now around 2. At the end of today’s hear- tionary to Court, which gives “You’re not an only child – five or ten percent of pure hate- ing, before the weekend ad- as primary meanings all the you’ve got four sisters. Well, journment, the Defence coun- and threat-mail; noteworthy meanings that I need for ver- three,” I correct myself. She sel read out a speech in which nichten, abschaffen, etc. Let us that, to judge from their names, I stated that the Jews use the says, “I’ve got four,” and points the only ones resorting to foul see how Rampton likes that, up to Heaven. We all miss Jose- Holocaust as a means of insu- using his 1998 Langenscheidt language, obscenities and death lating their community from dictionary! phine badly. threats are the usual suspects, criticism whenever there is a 1:54 p.m. Fred Toben phones from scandal like Boesky, Milken, Long phone call in the evening, I am afraid. I ignore them. Australia, worried about the Maxwell, etc. (“Yes, but they some 45 minutes from Dennis The Internet and mail bring of- “97,000” figure in the gas truck have suffered haven’t they!”) B. Roddy of the Pittsburgh fers of financial support, includ- letter. He has Richard Craig He is of course using this as an Post-Gazette. Then I work until ing a $2,000 cheque yesterday. example of my anti-Semitism. with him; they’re breaking the 2:30 a.m. I would like to put to the story of their ground penetrat- Judge Chapter and Verse of ing radar scans of Treblinka to- January 20, 2000 leading Jewish commentators making precisely the same January 22, 2000 morrow. I say, Good luck. [The (Thursday) Several hours during point: e.g. Peter Novick, criti- press appears to have ignored cising the uses to which the (Saturday) Up at 10:20: that was them]. the night on the Website, then I Holocaust industry is now put. a good sleep. A long phone call look for our clippings to put to This message goes to an unknown No hearing tomorrow, Friday. in the evening from Mrs Ruth correspondent, Pat: Prof. Donald Watt in the box Tz., a pensioner and one of my Macmillan Ltd. did not “pulp (our select file has vanished); January 21, 2000 most indispensable supporters and then I also look for the full an out-of-print book”, as you in Bavaria. Work hard all day put it; their secret internal (Friday) I deal with e-mails far Schlegelberger file. A letter long, preparing for next week; memos show they came under goes to the Judge at 3:38 a.m. into the night. Bed around 2:45. no time for the diary. Bed outside pressure from named To bed finally at four. Up at ten to eight to take Jessica around 2:30 a.m. organisations and “an Oxford Up at ten to nine and I find Jessi- to school. Today’s Australian professor of politics” to dump ca still sitting watching televi- Jewish News in Melbourne re- me as an author. Otherwise – the professor hinted – their sion! Taxi to rush her to school. ports that the Jewish communi- January 23, 2000 supply of academic authors In Court at 10:30 a.m. I have tak- ty has put pressure on the Her- would suddenly dry up. en in all the new Auschwitz ald Sun not to publish the re- The Sunday Telegraph publishes I have copies of those memos, photographs. Dr. Dragan is sults of a poll of its readers as my reply to Andrew Roberts, but Macmillan’s lawyers made there, as incomprehensible as to whether they thought I was with an untruthful retort from me take them off my Website ever. Prof. Watt comes and right on the Holocaust because shakes hands as does Prof. Rob- of the distress the result will Transcript, January 12, 2000: ert Van Pelt [Dutch “professor cause the community! Ho-ho. of architecture” at a Canadian I send this e-mail to The Gang: What was actually said about that Wreath of Hate university] a baby faced little Gentlemen – Mr. Irving: The [anonymous hate message] would make fellow who looks barely twenty. There is nothing to be gained by challenging the gas vans, as more sense to your Lordship if you are aware of who Philipp I see Eva Menasse sitting in Bouhler is: Philipp Bouhler was the head of the Nazi extermi- Court dipping into the latest the evidence of these is very convincing (the Judge is con- nation programme for the mentally and physically disabled – Frankfurter Allgemeine Zeitung vinced already) and if I chal- the Euthanasia Programme. and looking abashed – even lenge that I shall certainly lose Mr. Justice Gray: Yes, I know. ashamed; I say, “That bad, is the Judge’s sympathy. it?” and she nods: “Stinking!” I want all guns trained on the Mr. Irving: My Lord, I had Back home at five p.m. The Battleship Auschwitz. If we the great misfortune in Sep- sink that convincingly, we Frankfurter Allgemeine Zeitung tember to lose my eldest have won (if not, perhaps, in daughter. After we buried her, article is truly stinking. In it, the Courts). she accuses me of lying to the I received a phone call from The Gang want me to suggest the undertakers that another Court about Josephine’s death that the “Just” letter [about the – she says I told the Court she wreath had come. When the gas vans] is a fake. I respond: wreath was delivered late that died of a brain disease when in 1. The Judge will simply ask afternoon, it was a very expen- fact she had “leapt” (gesprun- me point-blank: “Mr. Irving do sive and elaborate wreath of white roses and lilies – far more gen) out of a window. (Poor you consider the letter to be expensive than we could have afforded – with a card attached Josephine had no legs). An- genuine or a fake.” to it saying, “Truly a merciful death”, “It was truly a merciful guished, I check the actual He will not allow any equivo- cation. If we dismiss every death”, signed “Philipp Bouhler and friends”.* transcript (PANEL ON RIGHT). “hostile” document as a fake, I presume Eva Menasse has re- I should mention that my daughter was disabled in all those we lose credibility. respects. She was legless and she had been brain-damaged for ceived a bonk on the head for It is better to challenge the her first flattering articles. figures (97,000), on the basis of 18 years. I submit that this is the kind of hatred that this book natural desire to impress supe- has subjected me to – something intolerable, something riors with figures. I do not pro- unspeakable, and which I would wish no other person to be SEND THIS TO THE GANG: pose (or want) to challenge the subjected to it. . . I Gentlemen – In Court today authenticity of more than 2 or the Defence put to me the Dec. 3 documents: that is powder Mr. Rampton (for Deborah Lipstadt): Mr. 10, 1942 Himmler conversation that we have to keep dry. Irving, there is an elegiac story that you told us with Hitler about the 600– 2. The letter was found in the just now – you blame that appalling note on the 700,000 Juden in Frankreich, right place (German Foreign wreath on Deborah Lipstadt’s book, is that after which Himmler noted Ministry files) and bears all the right? “abschaffen” (in the typed ver- hallmarks of authenticity. sion: “abzutransportieren”) 3. Its language is pretty Mr. Irving: The book has generated a climate of hatred. and another document stating transparent. Mr. Rampton: . . . It would not – perhaps you would agree that 10,000 were to be sent to a n Sonderlager im Reich. A Mr. M. of Orlando, Florida, has – be the book’s fault but yours, would it not? I stated: 600–700,000 is a written an anti-Semitic letter * A well-dressed White male had purchased the wreath anonymously at gross exaggeration. The figure in my support to the Daily Tele- Bloomsbury Florists – three minutes’ walk from the offices of Deborah Lipstadt’s lawyers – paying cash. Not many people in that area would have was closer to 240,000 Jews in graph – and copied it to me. I France. And, that aside from known of Philipp Bouhler and the Nazi euthanasia programme. “There the 10,000 Geiseln (hostages) rebuke him: was always the possibility,” said Lipstadt to The Jerusalem Post, Jun. , thousands of French Jews to Do you really think you have , “that Irving would drop out, and some of the pre-trial strategy was my knowledge were sent to helped me by sending that vile designed to keep pressure on him, in the hope that he would give up.” Jul. 20, 2000 ACTION REPORT 5 by threat of contempt proceed- trial. His coverage is good and ings. At that time (July 1992) I have complete faith in him. Macmillan’s were selling thou- He does what he can under the sands of my books, and had as- circumstances, for sured me they would keep HIT- which I have great un- LER’S WAR permanently in derstanding. print for that reason. Within He will confirm to hours of the internal exchange you that I have given of memos, the thousands of him, and will continue copies were destroyed, and I to give him, complete was never told (or offered access to my papers. them, as I was entitled to, un- I have read the first one third der contract). of his Atlantic article, and can- This circular message goes to The not and do not complain. I think the East Coast may Gang at 9:10 p.m.: wake up when we start tearing Gentlemen: – I have now re- their witnesses and documents ceived (9 p.m. Sunday) a new apart and the b/s Auschwitz long list of documents from the slowly begins to sink. Defence lawyers relating to Bed around 2:30 a.m. Van Pelt, and attaching “three new documents”, all from Polish Auschwitz archives, January 24, 2000 which I list below: (Monday) Up at 7:45 a.m. to take (1) Feb. 5, 1943, Topf to Zentral Bauleitung Auschwitz. Jessica to School. Court at 9:45 a.m. Cabby regales me with Betr Be= und Entlüftungsan-  . ,   lation anyway. A relevant lage im Crematorium II [BW unashamedly anti-Black stories 30]. No security classification. made remarks about the passage from the SS “Event all the way. Court decides to fate of the Jews, which were Report” on activities in the In summary: ventilator bits have Thursday free, not Friday; still missing, Topf lacks suffi- recorded by Bormann’s ad- rear of the eastern front, cient priority to get adequate bother. jutant Heinrich Heim. dated Sept. , , shows wagon space for such small Frankfurter Allgemeine Zeitung David Irving used the ex- that this is precisely what quantities. For the life of me I publishes a fine article about cellent and literate Weiden- was meant: can’t see the point of this docu- Donald Watt, so Eva Menasse feld translation in Hitler’s The rumour that all Jews ment’s inclusion. I shall rely on is forgiven. Neufert [the wartime German Table Talk (ed. Hugh Tre- are being shot by the Ger- architect’s building code] I am in the witness box, I nearly vor Roper). Years later he mans had a salutary effect. which accompanies me to Court write “dock,” being cross-exam- obtained the original Heim – The Jews were now flee- tomorrow for the first time. ined by Rampton all day. When document, above. ing before the Germans ar- (2) February 11, 1943, he is angry his eyes seem to The translator had given rived.3 “The rumour”! Bauleitung Auschwitz (Bisch- draw closer together. off) to Topf. Confirms Auftrag the sense of the German To accuse me of wilful for delivery for Crematorium I score a big hit with the revela- word Schrecken in this con- mistranslation and distor- III of 2 (two) permanent elec- tion that the Morgue 1 was text as “rumour”, rather tion, when (a) I used the tric Leichenaufzüge (corpse el- probably being prepared as an than using its literal mean- official Weidenfeld transla- evators) and one provisional air raid shelter cum fumigation ing (“fright”). tion, not at that time having ditto which can be delivered at room, a possibility which they short notice; and a coal and Prof. Evans accused Mr. received the original Ger- ash conveyance machine. Topf have not considered; after Irving of “distortion and man from Switzerland, and thus has [a] contract to deliver lunch I produce the documents manipulation” for having (b) the word “rumour” gives and erect Crematorium III’s listing the evidence of other air- the precisely correct nuance equipment complete, to be- used this Weidenfeld trans- raid shelter construction lation. that the surrounding his- come operational by April 10 projects in Auschwitz. tory shows the word was 1943 at latest. Bischoff re- The Judge is frosty, and when I This is Mr. Irving’s argu- meant to have, seems to be proaches Topf for non-fulfil- ment in his Closing Speech. ment of earlier delivery dates, refer to this ordeal as a “public an excessively harsh judg- says that Topf had fobbed off flogging” he is not amused.    ment on my Auschwitz with lame excuses; He does not seem to accept many for my comment on expertise. Bischoff’s double-check of the of my arguments, which is a Hitler’s Table Talk of Frachtbrief for the Feb 6, 1943   shipment shows him that a poor sign; on the other hand, at Oct. , . Your Lord- Day , Feb. , page . “  ” Gebläse Nr 450 mit 3,5 PS Mo- the end of the day he perks up ship is familiar with the De- Burrin, Hitler and the Jews, the tor wieder fehlt and that in and makes a point in my fa- fendants’ argument, and Genesis of the Holocaust: “It is a particular the Gebläse for vour, and he also seems inter- with mine. good thing we are preceded by the ominous reputation of exter- Morgue I, “welches am drin- ested on hearing that after gendsten benötigt wird” is also My extract from this minating the Jews.” missing. Ausserdem 1 Motor 7,5 Leuchter there was a string of document was based on the  Ereignismeldung No. , dated PS für das Abluftgebläse nr 550 other similar scientific tests. original Weidenfeld trans- Sept. , , page : “Günstig für L Keller II. Topf had again Despite all our best intentions, we lation, as it is known. wirkt sich das Gerücht aus, daß been warned by telegram to have had solid “Auschwitz” for von den Deutschen alle Juden In disagreement with the totgeschossen würden.” And see send these motors to Ausch- two weeks; and Auschwitz was witz, “da andernfalls Anlage Defendants’ experts, I still Ereignismeldung No.  of Sept. nicht in Betrieb genommen supposed to come second, to maintain, and others have ,  where Einsatzgruppe C werden kann”. give me time to complete my followed me in this (nota- reported, “The gratuitous evacu- Clearly I need to be able to bundles. So I never quite catch bly Prof. Philippe Burrin, ation of hundreds of thousands satisfy the Court of the harm- up. of Jews may be considered to be who translated Schrecken as an indirect success of the work less nature of these blowers And today 150 more e-mails have and motors. “the ominous reputation”) of the Security Police. As we (3) To which Topf replies on poured in – I read only half of that the appropriate trans- hear mostly from the other side Feb. 12, 1943: this ... identifies them, and reply to none. lation here for the word of the Urals, this is a consider- the temporary elevator as a Today’s mail has however brought Schrecken is indeed “ru- able contribution to the solution Demag elevator; their own of the Jewish question in Eu- over $3,800, which is helpful to mour” and not “terror”, a rope.” Translation in Arad, suppliers had failed to deliver say the least. word which makes for a the motors mentioned, so they Krakowski, and Spektor in The will now supply a 10-PS motor Back home from the High Court wooden and uncouth trans- Einsatzgruppen Reports, page . as an interim measure. at 4:30 p.m. I flop onto a sofa Again, what’s the point? It all for an hour before J. [my pri- depends on whether a normal vate secretary] comes. morgue of the size of Morgue 1 Jessica is desolate, as I have ear- ert Jan Van Pelt, their chief and 2 at Crematorium II would January 25, 2000 need a 3.5 or 7.5 HP motor to lier foolishly said I will take her Auschwitz witness, “Prof. of Ar- power its ventilator or whe- to the Disney Store again, but I (Tuesday) A great day in Court. chitecture” at a Canadian uni- ther there is something sinis- am just too tired to. Desperately tired, I carry a versity, under cross-examina- ter about that? Any ideas? I spend the whole evening with J. huge box of files in twenty min- tion. I begin with his qualifica- I send to Don Yurman, a leftie, printing out our immense Pelt utes before starting time, at tions and extract from him the this reply to a query: cross examination dossier. 10:10 a.m.; the benches are admissions (PAGE 6) that soon filled, the reserved press (a) if I am a pseudo historian, Ask Don Guttenplan about But can I make enough sense of it the New York Times; they origi- to cross-examine from? That we seats are all full. then he is a pseudo architect; nally asked him to cover the shall know tomorrow. From 10:30 a.m., I take Prof. Rob- (b) he has as an architect the 6 ACTION REPORT Jul.20, 2000

Transcript, January 25, 2000:

Mr. David Irving: My Lord, may I Prof. Van Pelt: I propose that I briefly cross-examine the do not have a degree Witness as to credit? – Prof. Van Pelt, in it, but I have been may I first of all welcome you to our confronted with the country and say what a great pleasure I architectural practice had in reading your book on Auschwitz and, apart from that, – it is one of the few books that I have I have worked for vari- read from cover to cover. . . You studied ous architects, one of at the University of Leiden, and you are them, Sir Dennis Les- now Professor of the History of Archi- ton, here in England, tecture at the University of Waterloo in when he was design- Ontario? ing the Synagogue in Prof. Van Pelt: No. I am officially a Jerusalem. I have Professor of Architecture. I would call worked with Jack Dia- Transcript, January 25, 2000: myself Professor of Cultural History be- mond in Toronto. So cause, both in my background, my PhD., I have been in archi- Mr. Irving: Prof. Van Pelt, we are wasting our time really, are and my teaching duties, I teach cultural tectural offices very we not? There were never any holes in that roof. There are no history in the architectural school. How- often and other prac- holes in that roof today. There were never four holes through that ever, when I was advised [by Defence tices. roof. They cannot have poured cyanide capsules through that attorneys] about the way I had to create Mr. Irving: And, of roof. The concrete evidence is still there. You yourself have my curriculum vitae for this proceeding, course, you are now stood on that roof and looked for those holes and not found I was told that I had to be extremely advising the present them. Our experts have stood on that roof and not found them. precise, so I put in Professor of Architec- Auschwitz authorities The holes were never there. What do you have say to that? ture. on the reconstruction, Mr. Justice Gray: So you are really a if I can put it like that, of the Auschwitz The “crematorium capacities” document: a fake? cultural historian? site? Prof. Van Pelt: I am really a cultural Prof. Van Pelt: I was advising them, historian. yes. Mr. Irving: This is a point of some Mr. Irving: Very well. So if I am called substance, my Lord. [To Van Pelt:] We “a pseudo-historian”, then you are a need to know precisely what your quali- pseudo-architect, if I can put it like that? fications are, to offer your expertise to Prof. Van Pelt: Yes, except I have the court. I do not mean this in the least never claimed to be either an architect or sense in a derogatory manner. . . In a pseudo architect. Britain, we have the Royal Institute of Mr. Irving: Except that you announce British Architects (RIBA). Are you fa- that you are a Professor of Architecture: miliar with the fact that it is illegal in you leave people with the impression England to call yourself “an architect” that you are an expert on architecture: unless you are registered with the RIBA? and yet you have never studied it. And Prof. Van Pelt: Yes, I know. you have never qualified. And you are Mr. Irving: In Holland, the equivalent not registered as such. is the Bond van Nederlandse Architecten, Prof. Van Pelt: I must say that I am I correct?. probably would prefer to be called a Prof. Van Pelt: Yes, Bond van Professor of Cultural History – Nederlandse Architecten. Mr. Irving: – but you are not giving Mr. Irving: Am I right in saying that evidence here on the culture of Auschwitz; you are not registered with the Bond van you are giving evidence on the architec- Nederlandse Architecten?. . . So you ture of Auschwitz. cannot legally pretend to be an architect, Prof. Van Pelt: I am going to give if I can put it like that? evidence I hope on the history of Ausch- The “Bischoff document” is challenged because: Prof. Van Pelt: No, I could be pros- witz and the architectural documents are (a) Letter-No.31550/Je./Ne.- lacks a year /43/. a very important historical source. (b) Je[nisch] dictated the letter; Letter-No. has ecuted. a typist working him whose initials (/Ne.) are not Mr. Irving: Rather as Mr. Leuchter Mr. Irving: I think it is important to found on any of the , documents surviving was prosecuted in Massachusetts for pre- draw his Lordship’s attention to the fact in the Auschwitz Construction Office archives. tending to be an engineer? that your qualifications as an architect (c) Kammler’s rank is given wrongly: SS-Bri- are, in fact, no greater or lesser than gadeführer und Generalmajor instead of SS-Bri- Prof. Van Pelt: Yes. mine? gadeführer und Generalmajor der Waffen SS. Mr. Irving: In other words, your ex- (d) Letter-no.31550 appears to have been typed Prof. Van Pelt: I agree that my formal in later (after a suitable in-sequence serial number pertise, as an architect, is the same as Mr. was ascertained for this fake document?) Leuchter’s expertise was as an engineer? qualifications are exactly the same as yours. (e) The figures for Crematorium II do not tally Prof. Van Pelt: I do not really know. with the manufacturers’ specifications. A letter cited by Pressac in Topf & Co archives gives a top I have been teaching in architecture Mr. Irving: So when you look at light switches or architectural drawings or rate of  per day for Crematorium II and III. school now since 1984. I have taught (f) The document includes crematoria already design courses, specially in small archi- “blueprints” – as you call them – you are out of, or due to be taken out of, commission. tecture schools, one needs to chip in no better qualified than I am? Crematorium II was in service from Mar.  to wherever one does. I have been on archi- No, but I would say,  and Jul.  to Dec. , in ; III from Jun. Prof. Van Pelt: 25 to Dec. 31; IV from Mar.  to May . II and tectural juries – your Lordship, that I have been doing IV were down on Jun. 28, 1943; and Cremato- Mr. Irving: You have never learned this for the past maybe 15 years, and so rium I was taken out of service soon after for architecture? You have never studied there is a certain practical experience, I conversion to an air raid shelter. architecture at university? You have never would say, which maybe is going to be , July : The reference “ohne” is taken a degree in architecture? relevant. n not found on any other archival documents.

same qualifications that I then carefully lay the trap, as I Crematorium II – he himself um II was an instrument of Leuchter had as an engineer; candidly inform the Judge identifies them as “tourists” – death, operating as a gas cham- (c) that he is not, and never around lunchtime; I butter Pelt which is, he agrees, the build- ber, with the SS men pouring has, studied as an architect; up as a “Rommel of the Holo- ing where the “500,000” or “mil- cyanide pellets through four (d) that if he were to describe caust historians”, I show him lions” of Jews were gassed. holes in the roof: the SS men himself as an architect in his Dr. Dragan’s giant aerial pic- I ask him to identify by name the had, said these “witnesses,” re- native Holland, he would be lia- tures of Auschwitz with the eye-witnesses on which he has moved the concrete manhole ble to arrest. “tourists” massing around the based his belief that Crematori- covers with both hands. Jul. 20, 2000 ACTION REPORT 7 roof?” establishing that the proper He says he can’t remember. consumption might have been Yesterday Pelt calculated, by us- nine tons for 1943. ing the documented coke-sup- After pointing out that neither he ply figures and reverse math nor I are disinfestation experts, from the suspect Jun. 28, 1943 I suggest (a), that nine tons are cremation-capacities document, not significantly different from that Auschwitz had managed to 12 tons, given the usual margin reduce coke consumption to for error, inefficiencies, sub-dis- 3·5kg per corpse – “about as tribution to satellite camps, He names Bimko, Broad, Tauber, I say, “Unless Mr. Rampton much coke as this water bottle etc.; I don’t think the Judge has and another. wishes to say something to re- would hold,” I challenged, pick- appreciated this. And (b), that E-mail message to The Gang: pair the damage at this point!” ing the jug up off my desk. Pelt should have relied instead Please supply what you know Van Pelt said, “My Lord, may I re- The lowest figure achieved at the on the evidence of Tesch him- of those witnesses for tomor- spond to this?” The Judge said: Gusen concentration camp for self and his Prokurist Wein- row’s hearing! They’re going to “Yes, but not until ten-thirty to- mass cremations was 25kg. bacher, who testified that those come back fighting after this morrow morning!” I ask Pelt after lunch about the amounts delivered to Auschwitz disaster! The timing could not have been Zyklon-B consumption figures would barely have sufficed for I ask him to estimate the size of better. The press benches at Auschwitz. He has figures the fumigation of the huge the wire mesh columns through empty as the reporters stream from the Tesch trial showing camp. which the pellets cascaded. out for the telephones. that roughly 7 tons were con- Van Pelt has not bothered to read Then having questioned him 100 e-mails in the evening to deal sumed in 1942 and 12 tons in the letters submitted by the quietly for nearly six hours I with. An article in Danish, in 1943. At great length he then two condemned men, Tesch and snap, “Your eye-witnesses are Politiken, by the Holocaust lob- does calculations for the Court Weinbacher, in their appeals for liars.” by, LIES AND THE HOLOCAUST. In his Expert Report [for which A long phone call from Barbara the defendants have paid Prof. K., offering Paul Fromm as a Transcript, January 25, 2000: Van Pelt $200,000], Pelt has witness (I say too late, and I claimed that the Nazis must wouldn’t have benefited really). Mr. Irving: So you would punched through in recent have filled in the holes with ce- expect that it would be un- years by people curious about likely that these panic strick- what is going on underneath, January 26, 2000 en Germans could have man- and the one place where the aged to trowel the finish on pillar has also broken (Wednesday) Not one London both the gravel covered [top] through. The holes that your newspaper has mentioned the side of the roof and the un- “eye-witnesses” refer to can- demolition of the Crematorium derside of the roof, in such a not be found for the simple II roof holes story. The Times way that nothing would show. reason they were never there. carries a piece (as, it turns out, You would now see what is There is not the slightest trace The Guardian does too) which called a drying line where the of them. I also draw your appears to be based on a P.R. hatch had once been. Is that attention, my Lord, if you go handout from somebody, as it correct? back to page  – contains evidence (eye-witness If Yes. names etc.) not stated by Van Prof. Robert Van Pelt: Mr. Justice Gray: you would have had this kind Pelt in the Courtroom. Mr. Irving: – about ten lines of concrete, but, sadly I open the day by protesting to down: enough, one does not have the Judge at this attempt to in- The showers were fitted to small that kind of concrete in the fluence public opinion. He blocks of wood sealed into the ceiling of Morgue No. 1 of concrete roof of the gas chamber. merely agrees not to read the Crematorium II. You cannot story. draw any conclusion from that Those little blocks of wood I spend an hour demolishing more are also not in the ceiling, as Expert Witness Robert Jan Van formwork of what kind of hole of Pelt’s five main “eye-witness- was located where. you can see, my Lord – I gave Pelt, who teaches as Professor of Ar- es.” He formally admits that your Lordship two colour Mr. Irving: Is it not so that chitecture at a Canadian university, the 1945 Pravda article on photographs this morning. when you have formwork admits in Court that he never quali- Auschwitz is bunkum. The made of wooden planks you Mr. Justice Gray: Yes. I Judge agrees that Bimko also fied or registered as an architect. can see the grain of the wood, am just underlining that. spoke bunkum – and that Pelt and that you could not plas- Mr. Irving: One is of the should have cited the bunkum ter over the holes in such a underside of the concrete roof ment at the last moment so bits as well as those he has re- that they would not be seen. way that “Holocaust deniers” and you can see the condi- lied on. The Judge is inclined to tion that the concrete roof I sarcastically ask him if the SS years later would not find agree with me on Tauber, too. underneath this messy slab is gave some luckless corporal a them? E-mail to The Gang: in. You can see the wood- rubber bucket of cement and a Van Pelt: Yes, but there is Can we prepare equal at- grain markings on the con- trowel, as the Red Army tanks one problem. The second tacks on Broad and Bender, on column of the crematorium crete where the formwork were thundering towards them, whom he is increasingly rely- remains. The mesh columns was, all these years ago, when with instructions to make good ing; we also need to demolish they built Crematorium II in Mula, who claims to have made were attached to the first, the the holes before they dyna- Auschwitz. You can appreci- mited the whole building! the wire mesh pipes. third, the fifth and the sev- enth. ate that if there had been After that I take him through the We revert to the roof of Morgue 1. those holes in the roof, which fact that “fair-face finish” con- Van Pelt produces the famous Mr. Irving: Fortuitously – are the cardinal linchpin of crete cannot be simply repaired picture of the building under the one that remains was the the Defence in this action, or invisibly mended, as he has construction (Nov. 1942) with a one that did not have the wire they would have been found waffled in his report, and that locomotive in the foreground. I mesh? . . . I am talking about by now. They have not found the “wooden blocks,” referred to put a powerful case for the ob- the ceiling. them. So their “eye-witness” by Tauber in his statement as jects glimpsed on the flat Van Pelt: There is a one evidence collapses, because having been set in the concrete morgue roof behind being tar little bit of ceiling only visi- these people are exposed for roof to screw the fake “shower barrels, or something similar. ble. You can crawl under the the liars that they were. My heads” onto, can also not be Anyway, if the holes in the roof roof of Morgue No. . I have Lord, it is four minutes to . seen in the roof today. are not there now, I repeat, done it. Unless Mr. Rampton wishes It is already five minutes to four what those protuberances are is Mr. Irving: The holes are to say something to repair p.m. as I finish. The Judge has unimportant. I ask him, has he not under that part? the damage at this point – earlier agreed that we shall seen a photo of the same roof Van Pelt: The roof falls back Van Pelt: My Lord, may I stop at 3:45 p.m., as I am so covered with snow? “Yes.” “Pro- into the ground. respond to this? tired. He says, “Mr. Irving, do fessor Van Pelt, have you seen Here is a map of you wish to stop your cross-ex- a photograph of that roof with Mr. Irving: Mr. Justice Gray: Yes, but the roof as it now is. The only not until : tomorrow amination there? Would that be just snow on it and no kind of holes are where it has been morning. n a good point?” protuberances at all, that flat 8 ACTION REPORT Jul.20, 2000 clemency; in these letters the balance, I am not happy about with Kevin MacDonald to the I invite the Judge to order that calculations are done in full. today. I lost a lot of points. Court. I reassure him that the Rampton first identify its I produce a clip of the well-known Defence will probably not want “anonymous” source, to enable documents re Fahrgenehmigun- January 27, 2000 to cross-examine him. The me to issue a sub-poena if need gen, travel permits, for 5-ton Judge allows me to put key doc- be for production of the sur- trucks bringing materials from (Thursday) I work until 2:30 a.m. uments of Bundle “E” to him, rounding documents. Dessau to Auschwitz, and the as usual, then up at 7:50 a.m. and compliments me on the The Judge is receptive to the idea Zyklon-B invoices; when we get to take Jessica to school. No economy with which I do so. and tells Rampton he cannot see to the “Feldöfen” permit, Pelt Court hearing today. At eleven- The portrayal by the professor of why it should not be identified. claims to have documents prov- thirty Prof. MacDonald arrives his teachings and books is In the afternoon Rampton seems ing that Rudolf Höss went to from California. sometimes not very audible, unsure of himself, and is rat- Chelmno that day to inspect Very satisfactory coverage today – given the American voice in tled when I several times catch fire grates for Blobel’s disposal one day late (why!?) – in all the which it is put, and Judge Gray out the odious Prof. Richard of disinterred corpses. One newspapers of the “no holes” seems impatient, asking about Evans (their chief expert wit- point to him. sensation. That must put the the relevance to this action. ness, who has yet to testify) in My translation of Feldöfen as Defence into a funk. I explain that my case is that the schoolboy German-language er- “field kitchens” earns a black Mishcon’s [Deborah Lipstadt’s at- Second Defendant [Lipstadt] rors in his [$200,000] Report. mark from the Judge; thank torneys] spring two ugly new has made herself part of an in- Once, this “expert” has even you, whoever fed that evidently wartime documents on me at ternational global endeavour translated a Feb. 1939 (Su- bad document to me! lunchtime; I duly put them to [what the Jewish newspapers preme Party Court) reference, We turn to the corpse-elevator The Gang but I’ll protest at this sneeringly refer to as a world “... sie müssen dran glauben”, question: Pelt has no figures, kind of evidence management. conspiracy] to destroy my as an incredible “they will have but says that the elevator even- [In one of them, a low-grade SS of- name, and that her documents to believe in it.” – Dran glauben tually used was a flatbed ficer, Kinna, reports from Zamosc come from bodies which are all is German slang for getting freight hoist, of 1,500 kg capaci- on delivering Poles to Auschwitz]. part of that endeavour. killed, like “they bought it,” or ty, with no walls. When I state I draw MacDonald’s attention to “they went for a Burton.” At 4 p.m. Eric Silver of the Jeru- that this would severely limit the affidavit served in 1996 by Rampton tries to make sense of salem Report comes; formerly the number of bodies that could Michael Whine (of the Board of the 1938 Kristallnacht in his with the Guardian. Very Jew- be stacked on it, if slippery and Deputies of British Jews) con- clients’ interests, but fails to ish, very hostile (though con- loose, and I suggest that ten firming that he has secretly fed impress – particularly when he cealing it), he bristles with rage minutes was a realistic figure produces an alternative copy of for a round trip, including load- the telegram issued by Rudolf ing, stacking, and unloading, THE TIMES Hess’s office at 2:56 a.m. Nov. he asks for time to do the calcu- London, April 12, 2000 10, 1938 forbidding arson at- lation in detail. tacks on Geschäfte etc., “on or- On the Vorwärmung (“prewarm- Jewishexpertspredictmorebattlestofight ders from the highest level.”

ing”) of Morgue 1, I make the FROM ROSS DUNN IN JERUSALEM AND ROGER BOYES IN BERLIN Rampton’s version omits the Dep- point, based on Neufert, that uty Führer’s letterhead. This ISRAELIS hailed the verdict against David Irving as a key morgues have to be maintained original the Judge now wants victory in the fight against anti-Semitism but gave warning that at a constant temperature – to see. He says, “I would like to there will continue to be battles ahead against other Holocaust neither too low nor too high). deniers. Officials at Yad Vashem, the Holocaust memorial in see what you say has been cut Pelt’s response is that (a) Neufert Jerusalem, said the case had proved the facts of the tragedy... off. . . It needs to be chased up.” is guidelines, not a building Rampton’s misery is complete code (I say: why is it in every The libel trial had a direct effect on the Auschwitz camp when he fails to find an item on where curators started to search for crematorium gas inlets to Nazi architect’s office, then – he page 851 of HITLER’S WAR to concedes that a copy was at refute Mr. Irving’s courtroom claim that none could be seen. which Evans has confidently re- The results of the search are not yet known. Auschwitz); and (b) Neufert ferred; I said, “Perhaps Evans specifies not only warming but An unholy problem This story disappeared from later editions translated the number wrong- also cooling in summer; there is ly!”, to general satisfaction in when I raise the not imperti- no evidence of any heating in- a (lying) document about me the public galleries. nent question of “Why us?” stallation in Morgue 1 before through a Canadian Jewish A member of the public congratu- the Vorwärmung document, January 28, 2000 body to the government in Ot- lates me on the flattering por- and none of cooling. tawa with the intention of get- trayal of the libel action pub- (Friday) Work until four a.m. ting me banned from that coun- lished in Saturday’s The Inde- O MY ASTONISHMENT, THE completing eight sets of photos try [as happened in 1992]; Mac- pendent. I have not yet seen it. TJudge won’t allow me to bring for today’s hearing. Bed at 4:10 Donald confirms that this is the Mr. Rampton runs out of pre- evidence that the gas chamber a.m. I expect that the Defence way these bodies work. pared material at 3:30 p.m.; he shown to tourists at Auschwitz will attempt to squelch Prof. As we come to “Document 500”, reveals that he probably will [Auschwitz I, the original camp] MacDonald and the documents the strange secret item from not call the Moscow Prof. is a fake built in 1948. that support his testimony. the Simon Wiesenthal Centre Tarasov after all (which means Having demolished, as I claim, all Supper with George S. and Nina in Toronto, with its references that the immense body of work of Pelt’s eye-witnesses, I have (latter gets on my nerves, play- to the need to “destroy Mr. Irv- I have prepared for T.’s cross- challenged him to produce the ing games with Jessica which ing’s legitimacy as a historian,” examination is now wasted). drawings on which he relies for involve Nina tearing up paper the Judge confirms that he now evidence of gas chamber use in and throwing it on the floor of appreciates its relevance to the LEAVE THE LAW COURTS Crematorium II [at Birkenau]. the restaurant.) action; the covering letter Ifeeling that today at least the Clearly in difficulties, he states warning Deborah Lipstadt to tide has changed; as Dr. Goeb- that there are “two or three” January 30, 2000 treat it with the utmost delica- bels would have written, the drawings which have to be tak- cy is also relished. Defence “can see their bear- en in conjunction; and he has pelts floating away”. (Sunday) Work until 3:10 a.m., ti- The professor states that he has prepared a slide show, with I wait twenty minutes for a No. dying papers and updating the never heard me utter an anti- computer-generated images of 23 bus, and finally take a taxi; Website. Prof. MacDonald is Semitic remark even in private. Morgue 1, which he will bring as I climb in, a No. 23 pulls up nervous about tomorrow. I hope The Defence offers no cross-exam- to Court on Friday morning. behind. Aaargh. he holds up on the stand. ination, and Prof. MacDonald is We finish at 4:15 p.m.; I am 7:20 p.m. South African radio, an I labour all afternoon and evening discharged. His air fare has drained, drained. Islamic station, phones, want- preparing seven sets of my evi- been money well spent. Terry Lloyd, our free Black-cab ing to interview me; I will not dence bundle (“E”), my bundle As they have now been mentioned driver, is waiting this time to co-operate. Benté is on her feet called “Global”; then index it or read out in open Court, these take us home. R. is jittering today, though still looking until three a.m. items come into the public do- over our posting the daily tran- main and I shall post them on deathly ill. scripts on the Internet; I reas- the Website this evening. At 9:37 p.m. ABC Radio Australia sure him on copyright, the January 31, 2000 phones for an interview. – I worst that will happen is a let- AMPTON RESUMES CROSS EX- send an e-mail about it to Beat- (Monday) Up at 7:50 a.m. Take ter from the transcribers. amination. He tries to put to rice in Brisbane, and add: “I Jessica to school, then by taxi R Two phone calls from Ruth Tz. On me the Zamosc document. now begin to suspect I may Jul. 20, 2000 ACTION REPORT 9

Threw the Book The Judgment which Animals, protesting against the ritual Sir Charles Gray QC handed down to a slaughter of animals without stunning packed courtroom on Apr. ,  in (as in schechita or halal killing). David Irving vs. Penguin Books & Gray became excited and said that the Lipstadt surprised many by its savagery, Jews were such an asset that any ban- ning of slaughter without stunning but delighted the Jewish community. would be intolerable. He was obviously a philo-Semite (as appears in his Judg- ment of the Irving action). ture of his orders because the official As the evening wore on, more drink name of the operation was . was consumed. Gray warmed to me, Keelhauling was a disciplinary measure and asked me to accompany him some- on English ships in the good old days. A where. We went on foot, and he sang seaman guilty of some misdemeanour me a song about an Irish bomber called would have a rope attached under his The Ould Alarum Clock (alarm clocks arms, and be dragged underwater all the being used in the early days as a timer way from the stern to the bow of the ship for bombs), and told me a story about a before being hauled out again. barrister in Reading who was asked by Count Tolstoy later found evidence to the judge whether his client was aware the effect that Brigadier Low was indeed of the principle of res ipsa loquitur (the still in Austria at the time when his orders thing speaks for itself), to which the were carried out, but the appeal judges barrister replied: “In the Irish village refused to re-open the case. They let the from which my client comes, M’Lud, £,, order against Count Tolstoy they speak of little else.” stand. It bankrupted him, of course. Then he sang The British Grenadiers, in which I was able to join. It struck me at the time that the Grenadiers were n     .          - more likely than most regiments to be my son’s flat in Hampstead. My son had philo-Semitic, because they were the Ntory, as barrister for former British met him in the City and told him that Army brigadier Toby Low, later Lord first Allied troops into Bergen-Belsen. Hilaire Belloc’s daughter Elizabeth had (The scenes of emaciated prisoners were Aldington, Gray won a controversial been my godmother. Gray told him that libel action against Count Tolstoy. similar to those in Andersonsville PoW he himself was related to Belloc. camp at the end of the American Civil Tolstoy, wrote Prof. Hugh Purcell When we met, I tested the water, re- War, and for the same reason: starva- in The Fortune Newsletter (May ), marking that I had written to the Royal tion – though typhus was also ram- had published a book in which Alding- Society for the Protection of Cruelty to pant). — Hugh Purcell n ton was held responsible for the repa- triation of , Cossacks and , Yugoslavs to certain death at the hands TheGuardian interviews Judge Gray of Tito’s partisans, mostly Serbs.  . , ,     , The Guardian     Gray did not deny that Aldington gave Orevealing interview of Sir Charles Gray. His role, he said in this, was not to decide what the the orders which resulted in the horri- Nazis did sixty years ago, but whether David Irving had deliberately manipulated historical ble death of these people. He did not evidence. “He can’t speak about the issues in the Irving case because it may go to appeal,” noted deny the atrocities (the evidence ad- Clare Dyer. “There was a lot of emotion in Aldington but there wasn’t in this, because it was duced by Tolstoy was overwhelming); all expert evidence and that in a way distanced you from the actual events.” He found it “very nor did he emphasise the fact that Low revealing” to discover how historians like Mr. Irving and the experts work. “You really examine was only obeying orders agreed by individual documents very minutely and the use of original source material is extremely difficult Churchill and Eden at Yalta. and taxing.” Gray said that he did not think it could have been fairly tried by a jury because there were , pages of documents. He began writing his Judgment even before the trial ended. What Gray argued was that Lord Having one of the parties represent himself was often a judge’s nightmare, he added, but Mr. Aldington had had no idea what the fate Irving was far from a typical litigant in person. “No lawyer,” The Guardian quoted Judge Gray of these people would be, and could not as saying, “could have managed such mastery over his material.” “He conducted his case in a be held responsible because he was no very impressive way,” says Gray. longer in Austria at the time when his Richard Rampton QC agreed: “Mr Irving knows his stuff, does Mr. Irving.” orders were carried out. The barrister Gray and Rampton knew each other from when they were adversaries in Aldington v Tolstoy. for the defence, none other than Rich- Having Gray as the judge in this case was, remarked Rampton without elaborating, “the one ray ard Rampton QC, appears not to have of light” in the case. “I think he has the makings of a very good judge indeed, and I think that’s pointed out that Aldington could hardly the view generally of the defamation bar. He’s not an overzealous intervener. He listens very have been unaware of the draconic na- carefully and doesn’t rush in where angels fear to tread.” Full text: http://www.fpp.co.uk/docs/trial2/Guardian170400.html

even win. – Incidentally, don’t have been supporting me for Gray for permission to cross ex- once allows. talk with any Australian media the last six years!” amine the Defence expert Prof. He agrees that it has been a use- people who contact you. That’s Robert Van Pelt again, who is ful interlude, given that this is my advice.” HE POWER THAT THESE EN- sitting with the Defence re- the only document whose integ- Midnight: the Melbourne Herald Temies of the truth have – over searchers in the public gallery; rity I seriously challenge, and Sun phones about her. I hope prime ministers of continents: I say I want to investigate fur- that it seems pivotal to the De- they don’t cause her problems. the gibbering freaks like How- ther on one specific matter, fence case on the Auschwitz fig- ard are willing to say anything. namely the authenticity of ures; Rampton now objects that February 1, 2000 All I have to do is name the date I Bischoff’s June 1943 cremation- he does not regard it as pivotal! shall submit my next applica- capacities document (PAGE 6). I think that Judge Gray now (Tuesday) At eight a.m. the Aus- tion, and already they’re plead- I add that I expect to bring seri- doubts the worth of that piece tralian Associated Press ing with me to back off! ous discrepancies in the docu- of paper, on which so much phones. The Australian prime I point out: “Australia has no ment to the Defence’s attention, rides. To my mind, it is proba- minister John Howard has this problem with the ‘character’ of which I shall invite them to ad- bly phoney, a post-war fake. morning publicly condemned an IRA terrorist and murderer dress when their remaining ex- my announcement of plans to who wants to visit; no problem- perts are in the witness box. OR THE REST OF THE DAY I visit Australia later this year. with Konrad Kalejs, indeed, Rampton then re-examines Pelt Fam back on the witness I say: “Then he’s going to have to he’s welcomed with open arms; at some length and breadth un- stand, being cross-examined on change the law a second time to no problems with the American til I finally rise and object that the 1938 Kristallnacht and the keep me out!” arsonist Ervin – but huge prob- he is examining the witness on 1945 Dresden death roll fig- Why do I want to go? “There are lems with a British historian.” matters not contained in my ures, on the basis of the report thousands of Australians whose To the High Court. As the morn- further cross-examination, put in by Prof. Evans. hands I want to shake – they ing session begins, I ask Judge which objection Judge Gray at At one stage Rampton foolishly 10 ACTION REPORT Jul.20, 2000 states that the reality is that to their June 1943 “crematori- the Dresden death roll was Transcript, Feb. 7, 2000: um capacities” document, of “only 35,000”. I respond that Bischoff (PAGE 6). Pelt has “only” is an extraordinary word brought along ten documents Two books in English stand out from to use when it concerns 35,000 the vast literature of the Second World from his portable collection to innocent human beings whom War: Chester Wilmot, Struggle for Eu- show various features: I remain rope, published in 1952, and David we British have burned alive in Irving’s Hitler’s War, which appeared firm on the missing year “/43/”, one night. three years ago? the unknown secretary “/Ne.”, I remind the Court that Rampton Sir John: Yes, and that is the typed Brieftagebuchnum- also shouted “So what!” when I my general opinion. I think mer, and the totally wrong (in- mentioned the Dresden atrocity that, taken together, they are – complete) rank for Hans two weeks ago – whereupon I if I were to recommend to a Kammler (whose full rank, as a had shown the Court the huge starter two books which would Generalmajor der Waffen SS, is black and white enlarged pho- explain the Second World War fortuitously demonstrated on tograph of the Feb. 25, 1945 from Hitler’s side and from one of these new items). Altmarkt mass cremations; I the Allies’ side, those are the They are obviously worried about had said: “That is why!” two books I would choose. that document, and I think that Rampton says today that I should Mr. Irving: This does not, their action in recalling Pelt to- “put away those ugly photos”, of course, mean that you en- day has helped to focus the and he adds for the public’s dorse or accept all the views Judge on its problem value; I benefit that he has tossed his that I might be held to propa- repeat that this is the only doc- copy of them into the wastebin. Keegan: Knighted by HM gate in them or not, or other- ument in this trial whose integ- wise? He does score one or two points. It the Queen on May , , for rity I intend to impugn. seems that in GOEBBELS I have services to history. Sir John: Indeed not, be- For the rest of the morning I am muddled one source-note, iden- cause later on in the papers cross-examined on an item in tified there as “PS-3052” (it Mr. Irving: Do you re- you have given me I reprove the Gerald Fleming [Gerhard should be 3051). I check with member writing an article for you for your lack of a moral Flehinger] book Der Führer my handwritten original: the The Times Literary Supplement point of view in your discus- und die Endlösung, which he actual source is Karl Wolff, in about April ? sion of Hitler and of his status wrote twenty years ago in an quoted by Werner Best. Sir John Keegan: I am relative to Churchill and attempt to refute Hitler’s War. Rampton finds it hard to explain quite sure that I did write Roosevelt. I say I have not read it, or – as an away the urgent 2:56 a.m. Nov. what is quoted here. Mr. Irving: Is it right to say afterthought – that I have at 10, 1938 Halt Order, issued by Mr. Irving: This was not that this opinion which you most dipped into it, in connec- Rudolf Hess as Deputy Führer, reviewing a book by me, was expressed in that review was tion with the Bruns document, if Hitler was fanatically behind it? It was reviewing some not only publicly held, but also and that my knowledge of its the Kristallnacht pogrom. He other book. Is it right that privately held, by yourself? research etc., comes only from instead makes much of the Su- you wrote the following Sir John: Yes. I often say reviews I have read by Gordon preme Party Court report dated words: you have to read Hitler’s War. n Craig and Tom Bower. Feb. 1939, commuting sentenc- es imposed on fourteen of the well prepared, thanks to The trice has become an Australian HE MORNING CLOSES ON A sixteen offenders, and compar- Gang. citizen, and I laugh out loud. heated note as they try to ing it with what I wrote in the T On Monday we shall start with I do what I can to protect her make out that I am a racist. book. Prof. Browning; followed by the from criticism, though. Told They read out from my private di- [To The Gang: Who can dig others. Judge Gray reiterates that Howard says that despite ary two poems I wrote for Jessi- out for me please in a hurry what Ingrid Weckert wrote of that I can ask for days off be- my having an Australian ca. One such private poem, the post-Kristallnacht pros- tween the experts, and I shall daughter he will still not let me written after an anti-fascist ecutions: numbers, with chap- certainly do so before Evans enter, I say that this is bad magazine published a photo of ter and verse please? I delib- come under our guns. Rampton news for millions of Australians myself with Benté and Jessica, erately did not use her book, runs out of material at 3:45 who have always imagined that with the sneering caption “The but I am told it contains sta- tistics on prosecutions for p.m.; my legs are aching from their English next of kin have perfect Aryan family,” reads: “I Kristallnacht offences.] standing five hours in the box. an automatic right of entry. am a baby Aryan / Not Jewish They now find that their prime or Sectarian / I have no plans to T LUNCHTIME I DO A FILMED February 2, 2000 minister has sold out to marry an / Ape or Rastafarian”. A interview for Australian tel- wealthy private interests and The public gallery is engrossed: I evision outside the Law Courts, (Wednesday) I work till two a.m. thinks he can trample on the compare the poem however and Tracey Hannaford of their preparing for today’s hearing. law. “He will have to change with those of Hilaire Belloc and Channel 9 asks me to go to Three hours’ sleep then up at five the law for a second time to Edward Lear, and I remind their studio in Camden for a a.m.; the fax machine is over- keep me out this time,” I say. Counsel that Jessica was nine live satellite link with Australia flowing with press clippings At 7:45–55 a.m. I phone [Dresden months old at the time (he then during the night. from today’s Australian news- survivor and author] Götz Ber- claims to have been speaking In the afternoon the public flog- papers on the trial. Then to the gander in Berlin. It’s the first perfectly at six months!). ging goes on, this time switch- Australian Channel 9 television time for about twenty years – As a real clincher, I then say ing over to the Dresden death- studios at Camden Lock, NW1 he’s still at the same phone words to this effect: Mr. Ramp- statistics issue. Here the De- at six a.m., for a live broadcast. number. He confirms that the ton, for three or four weeks now fence lawyers are on shaky The Times has a loaded article, late Herr Ehlich gave him a His Lordship and I have sur- ground, as their expert Evans headlining the fact that Ramp- copy of the genuine Order of veyed the serried ranks of bar- has suppressed a number of ton has (yet again) called me a the Day No. 47, which he had risters, solicitors, trainees and documents that are in my Dis- liar over Dresden figures. Sigh: copied from police records; but researchers arrayed on the De- covery. that’s the way the journaille he had also copied the fake one, fence side of the Court, and Fortunately I have pre-emptively works. Striking out bravely – so it is not impossible that Eh- never once have we seen a copied them for the Court, when they are “privileged” to do lich just cut off again the zeroes member of an ethnic minority which rather flummoxes them. so by the rules of Court. which the fakers had added on. working for you; whereas, as Judge Gray is evidently an- By satellite, I broadcast a fifteen I remark how odd it is that no you know, I have repeatedly noyed that (a) the documents minute interview segment for A other genuine ones survived. employed members of those mi- are German (b) they are largely Current Affair in Australia, At the High Court from 10:30 to norities. illegible (c) the Defence have about the trial, my daughter 4:30 p.m., during which I am There is, I think, appreciation omitted these highly relevant Beatrice, their prime minister again in the witness stand ex- from the public, but Judge items from the core bundles. John Howard (I say I can’t im- cept for the first half hour, Gray to my astonishment repri- It is hard to see what the score is agine why I’m not allowed to when Defence counsel Mr. mands me for the remark, call- so far. I expect that the balance enter, perhaps it’s the way I Rampton again puts his Prof. ing it “unhelpful.” will shift in my favour when I hold my pen..!) Van Pelt into the box. I repeat it, saying that I am sure- get their experts in my sights, The interviewer Mike Munro asks ly entitled to draw this compar- and start cross-examining if I have said it was “dreadful,” OGETHER THEY TRY TO RE- ison. them, for which we are now as newspapers report, that Bea- Tpair the damage I have done He reprimands me again; I again Jul. 20, 2000 ACTION REPORT 11 repeat it, claiming that it is evi- rounds, Mr. Rampton: just car- with the “Baby Aryan” ditty; this is really vexing. The Judge dence of the hypocrisy of the ry on.” The Times front-pages it, but it too seems displeased at this defendants and their counsel. is otherwise a very fair report. cavalier attitude of the Defence At this Judge Gray becomes very ACK AT DUKE STREET AT 4:45 The Daily Telegraph, which was – given that time is, for me, a angry, so I leave it at that. I be- Bp.m. The flat is in deepest si- not represented in Court yes- very scarce commodity. gin the afternoon session with lence; Benté is in her darkened terday, just repeats the Associ- By mid-day Rampton is flagging, an apology for having, as I spell room. Jessica is sitting in the ated Press report which is less and at 12:30 he persuades the out once again, drawn his at- drawing room. Benté has spent full (for instance not reporting Judge to adjourn until Monday, tention to the fact that Defence the last eight months or so in my riposte about Mr. Ramp- cutting the day short. counsel’s entire team has never bed, with only brief remissions. ton’s own pure-White staff). I raise no objection. He tells me shown one coloured face, unlike At 7:50 p.m. there is a phone call I begin by handing to Judge Gray as he walks past that he is my own private staff, and yet from “The School,” saying that my own copy of Fleming’s book, “quite knackered”, and I can be- they call me a racist. Gray ac- certain parents have objected to which shows [from its marginal lieve it: cross-examining acute- cepts this apology. my collecting Jessica and can jottings] that I read the first 22 ly is certainly as exhausting as The afternoon begins with De- not Benté do so! I am speech- pages, then stopped, and on a being examined. fence counsel showing a video less with anger; it emerges that separate date dipped into the Back at Duke Street at 1:15 p.m. of my speech at Tampa in 1995. this is the Ballet School in Har- middle to check facts on the Benté seems to be running out of They want to show only the lat- ley Street, where I have so far Bruns report. steam. She has arranged with ter half, with my remarks picked up Jessica only twice! For a while Rampton continues to the Ballet School about collect- about Jewish opponents; I say I suggest to the lady (Vicki Woolf) cross-examine me on minor is- ing Jessica in future. How un- that they should show it all, the that she should tell these “par- sues, and then on the Goebbels pleasant: Then these people Judge agrees, and for over an ents,” whoever they are, to diaries. I admit quite readily wonder where anti-Semitism hour the entire Courtroom lis- “push off” or at least firmly in- that I illicitly borrowed two mi- comes from. tens to a not-bad exposition of vite them to approach me direct crofiches or three (I frankly I collect Jessica from her infant the entire revisionist case. with their concerns and not can’t remember) from the ar- school at 3:30 p.m. At Selfridg- There is laughter at several plac- through the school like this. chives in 1992, and took two of es, we buy the Frankfurter es from the public gallery, The courage of these people! them to London for forensic Allgemeine Zeitung; it prints a which embarrasses me. Striking at me through Jessica. tests (all were later returned by truly foul article by the Me- I have no idea who comes each A fax comes from Davenport, Ly- us to the Moscow collection). nasse woman. No wonder she day. Today I speak with Chur- ons asking me to provide from Then my witness Peter Millar ar- averted her eyes from mine in chill historian Sir Martin Gil- my files copies of the Fleming rives; he was with me as Sun- the Courtroom today. bert and shake his hand – boor book reviews by Gordon Craig day Times correspondent at the Somebody is sitting on her, and it that he is, he takes mine only and Tom Bower! I spend hours time of our visit to Moscow. He ain’t Mr. Menasse. Yesterday I with hesitation – as I ask him searching for them. is an excellent and unexpected- handed to her the actual tran- to confirm that I did send him At ten p.m. I telephone tomor- ly useful witness; I have not script of the passage about the Aumeier document. row’s witness Peter Millar schooled him in any way as to Josephine and the “hate- He says he will check. That will (journalist, ex Sunday Times); what to say [unlike the Defence wreath”, to show how totally certainly be quicker than going he confirms he will come to give witnesses, who have since re- distorted was her account in through all my files, which are evidence at 10:30 a.m. vealed that they were thorough- the FAZ a few days ago; she dishevelled after their return Then a long friendly talk with ly rehearsed before they went seemed unrepentant. from the Defence lawyers. Gerald Fleming about his book. into the witness box] and he has Nevertheless, I post today’s FAZ From three until 4:30 p.m. I am He’s now 79 and too old to come good recall of the most impor- story on my Website; but now I cross-examined about that talk to Court, he says. I say: A pity, tant points; when questioned add an easy pushbutton link, so and other speeches I have made. you could watch the last hours by the Judge and by Rampton that my German-speaking of the Battleship Auschwitz! he, quite independently of me, readers can check what the T IS AN UNCOMFORTABLE I send a communiqué to my gives precisely the answers I transcript actually says, and I ninety minutes. I explain (a)I world-wide circle of experts, would have hoped for. send her, or “even better her have come under concentrated The Gang , and add: editor,” an e-mail... and vicious attack by selfap- “We are still negotiating with ICHARD RAMPTON RESUMES the [Court] transcribers about pointed Jewish community questioning me. “I am going the copyright position on the R February 4, 2000 leaders for twenty years or verbatim transcripts. I hope to to be modest about this –,” he more; (b) that those attacks resume posting them [on the says; I respond: “Mr. Rampton, (Friday) A good sleep to 7:45 a.m. have frequently been of a despi- Internet] in full. you have every justification for I send this message to Beatrice cable nature; (c) that the Jew- “We start cross-examination your modesty.” (Purloined, I in Brisbane: “Helen Demidenko ish community is not immune of Prof. Browning on Monday, confess, from Winston Church- so please have all final materi- is covering the trial for Style from criticism; and (d) that als that I need for this purpose, ill’s comment on his 1946 suc- magazine; she kindly rang me such criticism is not anti- preferably in question and an- cessor Mr. Clement Attlee – “A last night and warned me that Semitism. swer form, ready to put to him, humble man, and with every- the media are making frantic Rampton reads out from one keyed in to the paragraph thing to be humble about.”) attempts to locate you.” speech the Toronto episode number of his report at very He presses me again about rac- least, by this weekend.” The Times has a favourable ac- about Simon Wiesenthal and ism; I ask the difference be- count of yesterday’s hearing, the Halloween mask, calling it tween racism and patriotism – quoting my “747” remarks in an example of anti-Semitism. “Patriotism,” I tell him, “is the full, and putting a photo of I say, on the contrary, the word proper veneration and rever- Lord Hailsham as an illustra- “Jew” is not mentioned in the ence for the country that was tion to the “traitor” remark. entire passage; so the anti- handed to you by your parents, [The traitors who had encour- Semitism is in his mind, not and by their parents to them.” aged mass immigration]. mine. The whole passage is I explain that I miss the old Eng- Repaid him in full for his casting “Anti-Uglyism” – the basis of land that I was born into: I vote against me in the House of the anecdote being that an ugly wish I could climb into a “747“ Lords PQ.17 appeal, 1972! Die man, not a Jewish man, wore and fly for ten hours and arrive Mühlen mahlen trefflich fein. the mask. Nobody, I say, is like- in England as it used to be – Robert C. sends a fax from the ly to award Wiesenthal (right) a Halloween mask A joke told to the England of The Blue Lamp Faurisson’s, suggesting I put a pride for beauty. Jewishness a Toronto audience about Simon and Jack Warner and no chew- revisionist witnesses on the doesn’ t come into it. Wiesenthal “was anti-Uglyism”. ing gum on the pavements... stand. There is of course no The strain of this cross-examina- There is a hush as I say that, so I time, quite apart from any oth- tion tells on me, having had so know it has struck home. er considerations. I reply: little sleep, and Rampton February 3, 2000 Rampton now casually reveals, in If I were even to put one of cheekily suggests I am looking answer to a question, that he is the witnesses you suggest, let “rattled” (a word the Judge or- (Thursday) A good night’s sleep. not calling Prof. Levin or Eat- alone the last one, on the wit- ders him to refrain from using), The Macdonalds have left by well. We have expended consid- ness stand it would sink my and asks if I would like to end the time I am up, flying back erable effort in building cross- already difficult chances with- out a trace. it for the day right there. today via Tennessee. examination material for these I reply, “I am game for many more Today’s newspapers make hay experts on “extremism”, and The L.A. Jewish Journal asks its 12 ACTION REPORT Jul.20, 2000 readers to send messages of and Firearms too. wayward Frankfurter Allge- unchanged, but he disagrees support to Deborah Lipstadt. I Benté, unrecognised, gapes, lis- meine Zeitung reporting. She with my opinions on the Holo- send them this message: tens to the proclamations, then looks abashed and complains caust, which is fair enough. I thought it was a great idea says: “I believe you are talking that since I put her e-mail ad- His evidence is straightforward that your readers send mes- about Jessica’s father?” and in- dress on the Website she has and accurate. I ask him finally sages of encouragement to troduces herself. received unpleasant e-mails. why I had to sub-pœna him, if I Deborah Lipstadt – who found Mrs. Woolf is suitably embar- I promise, relenting, to take the was only asking him to repeat herself sucked into this trial, rassed, apologises profusely, address off as soon as I get in what he has so often said in having accepted the advice of Yehuda Bauer, who was paying but loftily says, “I am Jewish, this evening (and do so; but the public and private. He is flus- her, that she shoehorn me into you see,” as though this atones links to her editor remain). tered by the question, and her manuscript (in which I for such egregious behaviour. One or two such nasty e-mails are clearly gives the impression in previously did not figure, it Benté stays up and perky during of course nothing compared his answer that it was fear of seems: we do not know, as she the evening, but she is visibly with days of vicious and inaccu- the repercussions. has refused to go into the wit- ness box and testify). weak. George S. comes round. A rate reports in a newspaper of pleasant dinner, but with much the calibre of the Frankfurter T 10:45 A.M. I MAKE SEVERAL Somebody told me yesterday that talk of the Holocaust and of Allgemeine Zeitung. submissions to the Court, a Waterstones bookstore in the A lawsuits until I Can Stand No The Ottawa Sun and Toronto primarily about the lopsided Midlands have, after saying More; Benté has long fled the Globe and Mail yesterday pub- and prejudicial press coverage they would get him the Lip- room. lished libellous attacks on me, – still muted in its attacks on stadt book in three days, now written by the usual people. me in the U.K., but vicious and told him that Penguin have an- unprincipled in Canada, Aus- nounced they are withdrawing February 6, 2000 IR JOHN KEEGAN, MY WIT- tralia, Israel, and elsewhere. it from circulation. That is an ness, arrives toward 10:30 I point out that Geoffrey Wheat- interesting titbit. (Sunday) The National Post in To- S ronto [owned like The Daily Tel- a.m.; he is bent almost double, croft (who writes that he dis- egraph by Conrad Black] pub- and carries a walking stick. likes the word Holocaust, since February 5, 2000 lishes a venomous article by I assure him that I will call him “some of us” prefer to call it the British journalist Geoffrey first; he asks me to make plain Shoah) is a London journalist. (Saturday) The Guardian runs a Wheatcroft; who could not have that I have sub-pœna’d him, I add that the Guardian Newspa- whole-page review of the trial been more vicious if he were a and I tell him I will do so any- pers Ltd. articles by Neal by one Jonathan Freedland; it smearmonger of the Gerald Ga- way. (SEE BOX ON PAGE 10) Ascherson and Jonathan Freed- is well written but hopelessly ble ilk. His evidence [on my international land are deliberately prejudi- prejudicial, and I must put it reputation as an historian] is cial, in view of the company’s before the Court on Monday. February 7, 2000 short and to the point, and he is being a defendant in a related I am sure it is entirely coinciden- through in twenty-five minutes. libel action brought by me. It is tal that Guardian Newspapers (Monday) I work until 2:30 a.m. I put to him a small bundle of ten in their interest to see me go Ltd. are defendants in the next preparing for the cross-exami- documents, going back to 1980: down in this one, I submit. libel action that I am bringing. nation of Prof. Browning today; words of praise he has uttered Judge Gray now belatedly an- up at seven a.m. to take Jessica for my book HITLER’S WAR, and nounces that, whatever people EOPLE ARE WRITING ME E- to school. for Chester Wilmot’s Struggle may think, in the U.K. at least Pmail letters pleading with me In the e-mails: a Swiss gentleman for Europe, both in press re- it is not “open season” on any of not to post this diary on the In- contributes £1,000 anonymous- views and in private to [The Vi- the parties in this action, and ternet, as it reveals too much to ly to the fighting fund. Thank- king Press editor in chief] Alan he takes away the newspaper “the enemy.” I disagree: Cards ee kindly zurrr. Williams in 1981, and more re- articles concerned to read. on the table. Mit offenem Visier. At the High Court at ten a.m., I cently in his book in 1996. [Neither now nor later does he take I potter around all day, clearing admonish Eva Menasse for her He confirms that his views are any action on these contempts.] the decks for the cross-exami- nation of Christopher Browning next week. On Monday I shall examine Sir John Keegan, one of Britain’s premier historians, briefly and painlessly. Benté has to leave her sickbed to take Jessica to the dance school in Harley Street at two p.m. Her limbs are numb and almost devoid of feeling now, and she has difficulty walking. I have to thank the newspaper T ELEVEN AM PROF.CHRIS- telligence activities are more I explain; als is an equivalency. trial coverage for this mon- topher Browning enters likely to have formed the bulk I then put to Browning the Victor strous harassment. I have in- A the witness box, and I of any reports to Hitler. Gollancz book, Extermination of formed the school that Benté is spend the rest of the day teas- Besides, as Browning agrees, the the Jews, and invite him to tell gravely ill. They express regret, ing out of him the answers that document has only a geheim the Court its year of publication but send a letter asking that I I want, though they are [low grade security] rating. from the title page (it is 1936!). not enter “the propinquity” of wrapped in so much American He is more tenacious on the Nov. So Extermination, I suggested, the school, i.e. come anywhere soft talk that they are often 30, 1941 [Himmler telephone must have meant something near it! hard to interpret. log] document, insisting that it else then; which neatly brings So today Benté struggles over I have more joy when I tackle his shows that Liquidierung of us to the topic of Umsiedlung. with our little toddler to the report’s first twenty pages, par- such transports was evidently One of his documents is an Oct. dance school, and she goes agraph by paragraph, with the in the air, and suggesting that 1942 report on the Umsiedlung again to pick her up at five p.m. aid of the expert analyses pre- this phone call was cancelling a (literally: “resettlement”) of She finds Vicki Woolf, the direc- pared for me by M. and R. previous policy; he proves diffi- 20,000 Jews at Brest-Litovsk; it tor’s wife, outside the school’s I take on the Aug. 1, 1941 Müller- cult to shake on this. has that word three times in its front door, with a hand-held to-Einsatzgruppen document, When we come to the Dec. 18, first paragraph; the first two phone, explaining to arriving and I believe I have demolished 1941 Himmler visit to Hitler, umsiedelt’s are clearly homicid- parents that the door is unfor- it: he accurately translates its and the Judenfrage | als Parti- al euphemisms, but the third, tunately locked today as they reference line Betrifft: Anschau- sanen auszurotten entry, there at the end of the same para- are making sure that “a certain ungsmaterial as “re: visual ma- are audible gasps (of consterna- graph, to which I invite his at- parent” does not come; she has terials”, and since we have ear- tion, or of incredulity?) from the tention only after he has stated her phone with her, to summon lier this morning earlier estab- packed public benches as I that the word clearly means assistance if need be, as she ex- lished that the Einsatzgruppen point out that since the Ger- “killing” throughout, unambig- plains loudly to several other also had major intelligence man word used is als and not uously means only resettlement arriving parents. gathering functions, and their wie, the correct interpretation (“Half of the villagers of X were If this were the USA no doubt she killing activities took up only would be “Jewish problem | To shot, the other half were reset- and her husband would call in one of at least a dozen para- be wiped out as [the] partisans tled [umgesiedelt] to village Y”). the Bureau of Alcohol Tobacco graphs in each report, these in- [they are].” Wie is a comparison, The day flies past with such in- Jul. 20, 2000 ACTION REPORT 13 quiries and investigations in a thinks he is scoring. means that his first version documents, those within the SS spirit of mutual discovery. Early on I put to him Adolf Eich- omitted the Gerstein references are strictly geheime Reichs- The Aug. 1941 draft for Stahleck- mann’s own copy of the Rudolf to the “130 foot high mound” of sache and not of lower grade. er, proposing plans for Jewish Höss memoirs, with Eich- women victims’ clothing, the Rampton also tries to suggest ghettoes in the east, with mann’s handwritten comments: “80 foot high pile” of shoes, and that Ereignismeldung No. 80, Stahlecker’s handwritten foot- In part, Eichmann has roundly other unlikely spectacles. which talks of Gerüchte (ru- note, yields the fact that this dismissed H.’s “memoirs” as I ask him which camps he has mours) of killing, may have plan has been overtaken by ver- “falsch”. Once or twice the visited, and he says that in the reached Hitler; I ask Browning bal orders “von höherer Stelle.” Judge interrupts my questions 1990–91 period he visited if there are any notations on I ask Browning, “Could those or- impatiently; he usually does so Auschwitz, Dachau, and others. the document that it did (No), ders have been from the Füh- at the precise moment when At Auschwitz, no, the guards and it is not typed on the Führ- rer? This is our only concern in the relevance will become plain. did not tell him that what he er typewriter, is it? (No). this Court?” I start by referring to Browning’s was being shown was fake. He Browning is released, and the At this, Richard Rampton QC failed application for the pro- went into the “gas chamber”, Court decides not to sit tomor- leaps to his feet to interrupt posed Harvard University chair and did see that it was “recon- row. On Thursday I go back in with a totally irrelevant point, of Holocaust studies. This pains structed” however. I do not the stand, I believe; and on Fri- and after that has been dealt him, as he knows I am about to press the point as the Judge did day we shall hear my witness with I have to ratchet back a quote The New York Times ref- not allow me to do so with Pelt. Dr. John Fox (about “freedom of couple of lines and start again. erence to his belief that he had With Dachau it is different, as he speech matters”, sniffs Ramp- Prof. Browning states quite not been accepted as he is not agrees that the staff showed ton sardonically, as though that frankly, “No, then it would have Jewish. I suggest that the Holo- him “gas chambers” there. I ask is not what lies at the very root read von höchster Stelle.” Game caust is a subject matter awash if the Nazis ever had homicidal of this case). and set, but not yet match. in money now. gas chambers at Dachau, and Back home at 4:30 p.m. I sleep for Browning is no fool, and an hon- After lunch I bring up, as had he agrees that they did not. “So three solid hours on the sofa est witness: the sort perhaps Douglas Christie [in the Zündel what they showed you there while little Jessica jumps up that Defence counsel hate. [It trial], the $35,000 commission was fake?” and down on my stomach on turns out also that although that Browning was paid by Yad Judge Gray begins to stir in his various pretexts. Benté seems clearly the best qualified, he re- Vashem for a book he has still seat, and I explain that I have marginally better. They carried ceived the lowest fee.] to write; as that is an Israeli a valid point to make. “But out tests two days ago. [. . .] By 3:30 p.m. I have come to the state institution, does this not countless eye-witnesses de- end of my cross-examination make him an “agent of Israel”? scribed the operations of those February 9, 2000 preparations for the day, and There are titters from the public gas chambers at Dachau killing Judge Gray willingly agrees to benches, but I press this hypo- people, did they not?” (Wednesday) No Court today adjourn, complimenting me on thetical point: if he were even- Browning agrees that this is so. thank goodness. A long letter by a day’s “exemplary” cross-exam- tually to write a book that sug- Gray settles back, now grasp- express mail from France – ination, or so I am told. Home gests that Hitler did not know ing why I have asked about this Robert Faurisson offers to ac- at four p.m. [. . .] of the Holocaust, or that it was camp. I say, “Doesn’t this tell company the Court to Ausch- In the evening friends in Germa- smaller than believed, what you something about the value witz to inspect the roof of Cre- ny fax through to me the latest would be that book’s commer- of eye-witness evidence?” matorium II. That would sink Erguß by Eva Menasse: more cial prospects? Would not Yad Gray says my questioning on this me too. I reply, erstunken, more verlogen, more Vashem want their money is perfectly proper in the cir- It is unlikely that I will win, distorted than ever. back? cumstances (but he still seems but I have given them a fright. I say to her today, “Eva, I some- The Judge allows the point. unconvinced). I intend once again on Fri- times wonder if you are sitting I bring to the Court’s attention day, when we have their chief in the same Courtroom as the the deceptive way that Brown- witness [Prof. Richard Evans] rest of the people here: your ac- ing quotes the Hans Frank Re- ROM SOMEWHERE TO MY in the box, to ask him outright: left I hear Richard Rampton Why have you not accepted my count is so totally different gierungssitzung [Cabinet meet- F challenge to send a man to from the transcripts, and from ing] of Dec. 16, 1941, and even mutter out loud, “He says fake, Auschwitz to scrape the sur- what really happens.” more so his use of the Kurt but they were reconstructed.” face off just one of the holes of She looks wounded. Perhaps she Gerstein memoirs (he knows “If I give you a reconstructed $50 Crematorium II? If he finds the should umsiedeln to somewhere only of three versions, not all bill”, I challenge, “will you give hole, or traces of it, I would at me five tens for it?” once end this case. else. seven); he originally left out The press have not reported sentences which are damaging Rampton sneers, “You’re not good this controversy [the holes to the Defence, and I give him for it.” The Judge says, “Take challenge] very closely, for ob- February 8, 2000 some uncomfortable moments. your wagers outside please.” vious reasons! But it is gradu- ally reaching the Judge. Before he digs himself in too deep Rampton briefly re-examines (Tuesday) I work through the Browning, putting to him the We demolished Gerstein – on Gerstein, I remind him that and Browning, who relied on night until nearly four a.m. In suggestion that other docu- the early hours, somebody he is testifying on oath. He it [the Gerstein Report] – in ments dealing with the mass Court yesterday. sends me today’s Daily Tele- claims that I have been sent a premature version of his Expert killings are only geheim; in fur- I also obliged him to admit graph report on Sir John Kee- that what happened to [Henri] Report, and that Lipstadt’s law- ther cross-examination I elicit gan’s evidence: the report the concession (I think) that Rocques [who exposed Ger- yers Mishcon screwed things stein] and to you – the deprival makes no visible reference to while this may be so for non SS his testimony. up. But, I press, that still of academic distinctions al- ready gained – was proof of the Up again at 7:40 a.m. to take Jes- Court FROM PAGE 1 criminal methods of our oppo- sica to school. nents. E-mails have come in from The quoted. He added: “They all lied.” The roof is still there, he On Friday I shall show to the Gang during the night. I print pointed out. If Lipstadt’s lawyers could bring back “over the Court (through Evans) the two off what is needed for the cross- weekend” one photo of just one such hole, he said, he would end photographs of you in hospital, as further proof (SEE PAGE 15). examination of Browning, and the action forthwith. They secretly tried but the present Auschwitz set off to the High Court, arriv- authorities concealed the results, as The Times reported on Apr. I take photos of W. and N. [my 12. ing at 10:20 a.m. personal assistants born in Bar- There has been speculation in the UK and elsewhere on the I notice there The Daily Telegraph reason for the harshly worded judgment, which ignored or misun- bados and the Punjab] to be reporter, and I suggest to her derstood the main historical issues and concentrated on the printed. I begin drafting open- courteously that next time she seemingly unrelated issues of racism and anti-Semitism. During ing questions for Prof. Richard ought to print what is in the the trial Judge Gray had taken pains to seem to act impartially, and Evans on Friday. I phone Mark transcript rather than her own he privately even recommended Mr. Irving’s trial Website to a Bateman [of Davenport Lyons]: fantasy-version. Massachusetts legal expert who visited the Court and wrote him. he informs me that I am start- Prof. Browning resumes the The case is going to appeal, and Mr. Irving has asked that all ing the cross-examination of stand. He is a good witness, those who supported this battle see him through the next stage too. Evans tomorrow. Aaargh. professional and urbane, a bit The Bundesarchiv faxes a reply to cocky as he sits in the chair We still urgently need support to carry on the fight me: in the file named to me by (the only witness apart from through the Court of Appeal. All help is acknowledged the defendants for the Aug. 1, the ailing Sir John Keegan to Use the envelope provided, or mail to P O Box 1707, Key West, 1941 “Gestapo” Müller docu- sit) and he smirks when he FL 33041, or easiest of all, go online at www.fpp.co.uk/help ment there is no such thing. 14 ACTION REPORT Jul.20, 2000 ant, Penguin Books Ltd, is still peddling this book (we bought it two or three days ago in Ox- ford Street), and is there not a Bible passage about “casting out the mote from Thine own eye”? The Judge offers, “Pot calling the kettle Black?” – seemingly in- nocent of the racist overtone in that – but my protest is to no avail. I take Evans through the first fif- ty or so pages of his Report. He scowls a lot more, but he is a tough witness to break. Next week however we shall break him, with what we have. The Court rises at three p.m. as I have run out of prepared mate- rials for cross-examination (having been denied the use of Bundle “E”). Rampton now demands a proper Proof of Dr. Fox’s intended evi- dence on Bletchley Park and the police decodes, which I shall prepare today. I phone Dr. Fox on my return to Duke Street and reschedule him for next week. He tells me he has one very nice intercept- ed document, a Führer order, of which I never knew. Dinner at the Caledonian Club with M. Back home at 10:30 p.m., and I work until two a.m. Mass cremation of air raid victims, Dresden Altmarkt, Feb. 25, 1945 “The awfulness of that At one a.m. this message goes to night never leaves my thoughts” (  ⁄  ). Eva Menasse of the Frankfurter Allgemeine Zeitung answering a question from her. Watt and Keegan both ap- peared under sub-poena. The two others, MacDonald and Fox, appear wholly voluntarily and without payment. I have dispensed with a fifth witness, the forensic chemist. Today went magnificently, pity you weren’t here. The frightful Evans was on the to this witness; in argument, it am making is that if that ditty stand, the Judge lost patience February 10, 2000 with him x times, and snapped is decided that I should submit was indeed the only item in the at him. . . (Thursday) Four or five points to it to the Court later in my argu- diaries, that is a very small I must confess that with to- submit to the Judge, – the ments on damages. item indeed to rely upon. day’s published report you (al- Müller and Kinna documents, The high points of today include With the Judge’s permission I most) atoned for past wrongs. the IMT Apr. 1946 transcript, my challenge on the “racist” then put to a still uncompre- etc. – then Rampton calls his [Baby Aryan] ditty. Evans hending and irritable Evans NE BELLY-LAUGH FROM AUS- chief Defence witness Prof. Ri- sulks, and complains that he the photos of my ethnic-minori- Otralia. The Melbourne Her- chard Evans. does not see why I put this ma- ty staff members since 1980 ald Sun has run a readers’ poll Evans, a small, scowling Welsh- terial to him. But he has quoted (e.g., W., N., R., Ch., etc.). on the Holocaust and asked: “Is man, bristles with so much hos- the ditty himself in his report, Richard Rampton mutters out David Irving right?” tility throughout the day that and Judge Gray explains to loud about the irrelevance of The poll result has – for the first after the lunch adjournment I him that since Profs. Levin and the fact that Mr. Irving has had time in the newspaper’s history ask point-blank whether he dis- Eatwell are not going into the “Black servants,” a misplaced – been suppressed after pres- likes, loathes, nay even hates stand, that leaves Evans in “the phrase in which I rub his nose sure from the city’s Jewish com- me? Had he admitted that he hot seat.” after the lunch adjournment, munity leaders! did, I would have submitted a I therefore ask Evans whether he addressing the Court. Today a reader informs me: motion to the Court for his re- has read all of my private dia- I telephoned the newspaper moval as an expert witness ries. – “Most of them.” TRY THE SAME ARGUMENTS to ask about the result. I was from this case. told that the result wouldn’t be “That is around 30 million words? I on “anti-Semitism,” but the published as it would “offend I detect signs of panic from the Is that ditty the only such item Court will not allow me to put some of our readers”. Defence benches. that you and your staff found?” to Evans the pages of quota- I said, OK, but could a private Evans rapidly loses the Court’s Evans remarks on the speeches, tions from the unpublished dia- inquirer be told? sympathy, in my belief, with his but I bring him back to the dia- ries of Lord Halifax, Anthony I was told that the phone-in results ran “about 50–50”. stonewalling – he demands to ries: Nineteen words out of 30 Eden, and other British nota- see each document I mention or million makes only 0.00000063 bles with their unflattering pri- February 11, 2000 touch upon before he will an- percent of me “racist”, I point vate references to “the Jews.” swer my questions, etc. out, which means that some Nor will Judge Gray allow me to (Friday) I work until 2:30 a.m. Up The tactic will work if used spar- 99.99999927 percent is not rac- put to this witness a passage at 7:30 to take Jessica to school. ingly, but if used each time, as ist! I punch out the calculation from John Buchan’s Thirty Just fancy that: Today The Times Evans does, it trespasses on the on a battery-powered desk cal- Nine Steps – a book whose anti- and The Daily Telegraph both Court’s patience, which once culator, to make the point. Semitic character has shocked have identical stories, both lost is not easily recovered. Judge Gray does not approve of me – since, as Gray explains, headlined, “IRVING ‘DOES NOT Unfortunately Gray will not let the calculator, but emphasises times have now changed. DESERVE TO BE CALLED A HIS- me put my Bundle E (“Global”) helpfully that the point that I I protest that the First Defend- TORIAN’.” Jul. 20, 2000 ACTION REPORT 15 They appear to be based solely on February 12, 2000 of Mar. 30(?) 1941. then oversleep, and am up at the written Evans Report; it is 2. OKW order on militärische 8:20 a.m.; I just make it to Gerichtsbarkeit, around the as though yesterday in Court (Saturday) Up at 10:30 a.m. Hoo- same time. school in time, then on down to never even happened. ray, no Court today! With Jessi- 3. Commissar Order of May the High Court. Good P.R. work by somebody: ca to the library at 12:30 p.m. 1941. I start by reminding the Court money well spent. to change her books. I toy with Can one of you please rap- that this is the anniversary of Once more, the only paper report- idly e-mail me these docu- our Dresden air raids. the computer there, checking to ments in English to serve up ing fully and fairly is The Jew- see whether it yet has the odi- to the Judge on Monday? Mr. Justice Gray becomes impa- ish Chronicle. Only the JC re- tient with the slow pace at ports the Judge’s mild warning which I am dealing with Evans’ to the press about contempt. first 100 pages; but he admits I suppose the rest of the jour- that Evans has asked for it, by naille dare not do anything oth- taking on so much in those pre- er than toe what they imagine liminary chapters. “the line” to be. It is an odd He reiterates – as he said last phenomenon. week – that he is more interest- Another item on How They Do It: ed in the history from page 125 a leading Danish journalist, onwards. I have not prepared whose newspaper a few days adequately that far ahead, so I ago published his interview vamp until four p.m., scoring with me, has e-mailed to me in some hits all the same: particu- confidence this explanation of larly on the accidental or delib- what “went wrong”: erate omissions that Evans has Well, as you probably saw, Po- made from items he has quoted. litiken ran the interview last Once, by omitting the word “as” Sunday. from a quotation (for which he You may note that the inter- blames Prof. Eatwell – I should view as published differed sub- Schlegelberger Document March :“The Führer has repeatedly or- have chided Evans for the folly stantially from the draft I e- dered the Solution of Jewish Problem postponed until after war” (Bundesarchiv). mailed you. of one “scholar” accepting an- In particular the editor re- ous ADL-style “free speech” fil- Journalists with whom I other’s quotes without checking moved all mention of your ters installed. It has not. have spoken since then (espe- the original!) he has totally re- daughter’s funeral and the cially Don Guttenplan) volun- versed the content of a quota- “Bouhler” wreath – the editor The Los Angeles Jewish Journal teer to me that my diary ver- tion to my disadvantage. Ramp- did not like what he thought has published 100 readers’ let- sion of Thursday’s hearing is of as the pro-Irving tone of the ters to Deborah Lipstadt. One accurate (one admittedly said: ton keeps interrupting just draft. He wanted it made clear of them says, “Someone said “The only one that’s been ac- when I am about to make, or that your theories were “em- curate so far!”) as far as the have made, a telling point. barrassing” and absurd. that vermin dies when exposed to sunlight. I am convinced that Judge’s unconcealed hostility I think I have done rather better My problem was that unlike to the chief Defence witness today. Judge Gray says at one most commentators I do take the vermin you are facing now Prof. Evans is concerned. your views and your case seri- will too shrivel away when ex- My policy on Monday there- time something like, “Mr. Irv- ously and wanted to try to give posed to light.” Nice folks. fore will be to spend the day ing, you are doing very well,” a fair presentation. The result I shall put that “vermin” quote to further undermining his cred- but the Courtroom experts tell must speak for itself. I think it good use in the High Court on ibility and credentials, rather me that this is a Bad Sign. is quite far removed from the than taking up the later spe- I read an interesting article on style of [Geoffrey] Wheatcroft Monday. Prof. Evans, do you re- cific allegations in his report or Eva Menasse. But I intend gard dissident historians as (which I can also do in great the case from the Israeli news- to write more about the mat- vermin? number on later days). paper Ha’aretz; it is well writ- ter later. . . I respond to one correspondent: I may later that day simply ten and not too negative. Indeed, the interview is “My own instinct, and I may be say, “My Lord, I think Evans I work until 2:45 a.m. Mishcon shortened even from the re- is finished as useful witness have asked for further Discov- wrong, is that the Judge will and I will save the Court’s vised version. For example, I ery, but it turns out I have al- had a paragraph about the not attach importance to the time by ignoring his detailed Cossack Trial where Rampton racist label, unless he is really allegations, except for just a most none of the items they ask lost to Gray in 1989. I also out for my blood.” few points...” This may be for in my custody. wanted to leave in the part what the Judge is hoping to Their demand for some of the about your friendship with hear. items, like Heinrich Himmler’s SEND THIS QUERY TO THE Confidential: I have yester- Hochhuth, but it went. letters to his mistress Hedwig I assume you have read Don Short List (“The Gang”): day decided not to call Dr. I Potthast, appears to be moti- Guttenplan’s piece in The At- On Thursday or Wednesday John Fox . . . Pity, he is a lead- lantic which strikes me as Judge Gray expressed irrita- ing expert on the decodes. vated purely by a desire to get much the best thing I’ve read tion that the Defence have not I reassure Dr. Fox with this mes- their hands on historical docu- so far on the case, and surpris- provided English translations sage at 1:16 a.m.: “You will ments to which I have obtained ingly open-minded. A fine arti- of a number of documents. Two exclusive access, and which cle on the trial in the Evening have seen what I told The or three of them should be have no relevance to this trial. Standard by Cal McCrystal. readily available in the IMT Gang, and it represents pre- Jessica is indignant as I welch on John Fox sends me an e-mail say- files, I think: cisely my reasons for deciding my agreement to take her toy ing he can not allow his evi- 1. Richtlinien for the troops, not to call you. It would have shopping after the day in dence on the SS decodes to be been too much of a risk. Rich- Court. used for the purpose of suggest- ard Rampton QC is very ing there was no evidence of shrewd, and he would have the gas chambers, etc. trampled all over you within February 15, 2000 That is not the point of his pro- minutes. I hope we can meet (Tuesday) Bed around three a.m., posed testimony, but when he again at the PRO [Public and up at 7:45 to take Jessica phones I tell him (after discuss- Record Office] as in the old to school. ing it with B., who sits up for times. Of course your original The bundle of documents I take to half an hour in the drawing written evidence still stands the High Court at ten has inter- room with me) that I have de- and will go before the Judge.” esting items to be put to the cided not to call him. witness – I am still cross-exam- I explain to Dr. Fox that he would February 13, 2000 ining Prof. Evans. be mincemeat in Rampton’s He has evidently been lectured on hands when cross-examination (Sunday) Up at 9:20 a.m. Today not standing with both hands begins. is the 55th anniversary of the thrust into his trouser pockets I think that this academic has a air raid on Dresden; the awful- all day, a discourtesy which has chip on his shoulder after his ness of that night never leaves certainly shocked some of the removal as editor of Holocaust my thoughts. German reporters; but now he Journal, and this would also be French thugs attacked Prof. has taken to sitting down in- turned against him. Robert Faurisson, leading revision- February 14, 2000 stead of standing, and not in- ist, in Paris in 1989, poured acid frequently he turns his back on in his eyes, broke both jaws. (Monday) I work until two a.m., me as a seeming mark of dis- 16 ACTION REPORT Jul.20, 2000 pleasure with some of the re- and half of them he eventual- knowing and stating (in fact, he tactic that delays proceedings. marks and questions. ly concedes I have never met even says, “for knowing and not The Judge is infuriated by the I state at the beginning that deal- or corresponded with. stating”!) that Hoffmann was a slow progress, and blames it on ing with this witness’s Expert The “most sinister” of them all, Nazi Party member – but my me. I say, “If this witness had Report is like advancing with General Otto-Ernst Remer, he original notes taken in the been properly instructed by the Thirty Corps into a minefield at finally admits, I met only once 1980s are still at the Download- defendants’ solicitors on how to Alamein: we still have to inch – in July 1989, to interview ing company, after six weeks or write his Expert Report, there our way through, even though him for the Goebbels biogra- more, being converted from the would have been no need for every mine we have found so far phy. now illegible Xerox discs, and I these delays.” Occasionally turns out to be a dummy. I ask him why he lists not only cannot prove that Evans is Judge Gray says, “Mr. Irving The Judge does not like the com- Tony Hancock, but his father wrong. has my sympathy,” but I doubt parison, and says so. too, whom he identifies as a Thus he and Richard Rampton, that today I really have. Sir Oswald Mosley supporter. who springs up and down like a By four p.m. I have driven a 200 PROBLEM ARISES WITH THE “Mr. Justice Lawton,” I remi- jack-in-the-box all day long page bridgehead into the Evans A expert witnesses Profs. Levin nisce, “who heard the 1970 with objections and interrup- Report, and we have barely and Eatwell, whom the Defence [PQ.17] libel action against tions, make much of this point, reached Kristallnacht. will not now be calling. me, was a ‘Mosleyite’ before and the Judge seems to attach As everybody picks up their pa- Judge Gray says that he has so far the war.” importance to it as well. pers to leave, a stranger with naturally believed that this But Judge Gray has already Difficult to bring home to these staring eyes and unkempt hair means that their reports will no snapped at Evans in astonish- modern books-from-shelves pro- comes up to me, and offers longer be relied on, and when ment, “What on earth does it fessors and lawyers, that it is these words: “Mr. Irving, the Rampton differs, stating that have to do with Mr. Irving easier for them to use a print- Judge should have halted, ad- Civil Evidence Act notices have what this man’s father is or ed, bound volume, fully anno- journed, at 3:10 p.m.” been served under the old rules, was?” and Evans explains tated, with an alphabetical in- I raise my eyebrows. “Because at the Judge says this procedure that he included the father by dex of names, etc., than for a 3:10 p.m.,” he says, “it was will surely be most unusual with way of “light entertainment.” shirtsleeves historian like my- plain you couldn’t carry on. You Expert Reports, and we shall I ask if he has ever heard of self who used the original docu- were washed out. You looked have to argue this on a later Sippenhaft – the Nazi habit of ment or sat at a microfilm read- really dead.” (I thought that for date. ¡Lo que me faltaba! arresting the family members er years before those books of the last hour I had fought that At the end of the morning I tackle of an opponent. In Stalin’s theirs were printed: no page horrid little Welshman really Evans on one slur in his report Russia there was an actual numbers, no indexes, no Xerox well.) (page 170), the allegation that I criminal offence of “being re- copiers in those days . . . I tell this stranger to go away, to agree with Dr. Goebbels that lated to an enemy of the As the hours grind past, I appeal clear off, and to depart, and “they [meaning the Jews] had it state.” to the Judge to assist me in variations on those words, and coming to them.” When I ask if I ask Evans if he approves of stemming the flow of witless finally I say: “P*ss off, will he is implying that I have ap- the arrest and seven-year jail words from this professorial you!” when he will not take the plauded the Holocaust, Evans term of Dr. Günter Deckert, witness, and at one time I refer hint. snaps that he is! another of my friends, for to the famed loquacity of the “When you lose the case” – these It seems there are no libels that having “translated a lecture” Welsh race (adding, “Though are his parting words – “you this Defence team is willing to can take it from me that it be- shun in order to smear my name gan at 3:10 p.m. today!” further. Judge Gray Confirms the Absence of Have a nice day to you too, Sir. Instead of getting the short and ex- Wartime Documentary Evidence on Seventy-three e-mails waiting for pected answer, therefore, we are me this evening, and Jessica off on an endless and increasing- “Gas Chambers” cashes in the promise I made ly acrimonious and circular argu- yesterday take her to the toy ment on the difference between Transcript, February15, 2000: department. excusable and explicable, a dis- tinction which Evans pretends February 16, 2000 not to understand and the Judge Mr. Irving: If his Lordship dence for the Holocaust seems to find pedantic. is led to believe, by a care- which you deny. (Wednesday) Finally to bed at The fact that the 1941 pogroms in less statement of the wit- Mr. Irving: Are you saying 3:30 a.m. Up at 7:45 a.m. to the Baltic states are explicable nesses, that there is a vast there is a vast quantity of take Jessica to school. One (given the anti-Jewish hatreds of body of wartime documents wartime documents? more month in Court to go. [on gas chambers], this would the natives against the NKVD – What I am I begin by reminding His Lord- be unfair, would it not, be- Prof. Evans: Evans claims never to have saying is that there is a vast ship of the position as left yes- cause you are not referring heard of the 1940 Jan Karski re- quantity of documents and terday: “When we adjourned, to wartime documents? You port!) does not make them in the material for all aspects of we had left the battlefield in are referring to post-war least excusable. the Holocaust. the following condition: I had He has omitted the vital passages documents? advanced with my tanks and Mr Justice Gray: I ex- Prof. Evans: I am refer- infantry some 200 pages into from my description of the lec- pect you would accept, Pro- ring to all kinds of docu- ture at Shreveport (or was it Ba- fessor Evans, just to move Prof. Evans’ report, but he had ments. ton Rouge?), which was disrupted on, that the number of succeeded in laying several by a large party of Jewish louts, Mr. Irving: You are not overtly incriminating docu- choking and suffocating smoke- printing only my responses to referring to wartime docu- ments – wartime documents screens, confusing the issues; them, but omitting from his ver- ments? – as regards gas chambers is and I fear that some of them sion what the interrupters did, Prof. Evans: I am refer- actually pretty few and far may still be lingering across the and said, to earn these rebukes; ring to documents includ- between? scene today. I propose to deal with his points on the Kristall- and so on. ing wartime documents, the Official transcript, Day 20, Feb. 15, 2000 Each time I try to chase down such totality of the written evi- at page 91. nacht, and then to hand to the an episode, the Judge intervenes witness a bundle of documents to urge that we make forward by Fred Leuchter, as Evans Mr. Rampton will no doubt call on the ‘chain of evidence’ show- progress, although it seems plain himself quotes in his Report. that a racist remark too.”) ing Hitler intervening to stop that he has registered all the But it seems that this witness things happening to the Jews.” slurs on my name that Evans has The Welshman waffles on end- Things proceed well, although sees nothing wrong with this. lessly, wriggles out of some concocted. We are living in odd times. Evans once again waxes garru- We deal shortly with the list of questions, evades answering lous; his hands are once more names of right-wing “Holocaust OWARD THE END OF THE others, appeals to the Judge, thrust deep into his pockets, or deniers” (I point out that Evans Tafternoon, our advance is bumbles, loses himself in his he stands with his arms obsti- has used the phrase “Holocaust halted by an old morass, the own answers, refers back two nately folded. His body lan- denier” over 350 times in his one Police Sergeant Hoffmann paragraphs and reads out guage is unmistakable, and Report!); he accuses me of being testimony [at the 1924 Hitler everything before coming to the several members of the public in contact with all the world’s Treason Trial] again: it seems sentence on which I am ques- comment. leading deniers, but this turns an infuriating detail – Evans tioning him. I draw him across several little out to be a total of eleven names, has impugned me for not In short he adopts every possible minefields of my own. I start by Jul. 20, 2000 ACTION REPORT 17 putting to him the cover sheet I am dubious – Evans is a leading for the Wilhelm Brückner pa- authority on Nazi Germany. pers which I gave to the Irving But when we come to a note on Collection at the Institut für Hitler’s talk with Abetz, who Zeitgeschichte. His two re- every historian knows was the searchers have failed to find it: Nazi ambassador to France but, I say, Brückner (“Ovambo,” throughout the war, I try it out. Hitler’s chief adjutant until “These two notes are dated Aug. 1940) was a key source for the 3, 1940. They refer to a meeting events in Hitler’s residence that he had with Hitler. Who during the Kristallnacht. was Otto Abetz? I then put to him a page translat- Evans doesn’t know: “You’ll have ed from the papers of Julius to tell me, I am afraid.” Schaub, another senior Hitler “Otto Abetz was the German am- adjutant, which I gave to the bassador in France in Paris, same Collection. Finally, I show would you accept that?“ him the verbatim transcript of “Sure, yes.” the taped interview which I conducted in 1967 with Colonel It is stunning proof of Evans’ igno- Nicolaus von Below, (Hitler’s rance. I kick myself for not hav- airforce adjutant, 1937–1945), ing done this days ago. one of a dozen such interviews Mr. Irving: The first with him over the years. document – does it show Otto Abetz swearing in These officers agree convincingly an affidavit: “He [Hit- on the blazing fury of Hitler, ler] said to me that he wanted to GERMAN POLICE DECODES, NOV. 17, 1941 when he learned of the Nov. solve the Jewish question gener- 1938 Kristallnacht pogrom that ally for Europe, and in fact by a clause in the peace agreement, had begun. Evans’ response is the peace treaty”?  : SPK from DQB SSD Berlin No.    parts  predictable – these are Nazis, Evans: Yes.   SPK1 he says, pro-Hitler, trying to ex- Mr. Irving: “In which he made To Commander of Security Police Dr. Lange in Riga culpate themselves, etc., etc. a condition of the vanquished Re Evakuierung of the Jews. Nov. ,  at : hrs trans- I ask how many of Hitler’s private countries, the defeated countries, staff, all of whom I have inter- that they agreed to transport their port train No. DO  has left Berlin for Kovno [K] with viewed, were jailed as war Jewish citizens outside Europe”,  Jews. Transport escorted by two Gestapo and fifteen police is that right? criminals (answer: none); and officers. Transport commander is Kriminaloberassessor Exner, by contrast how many of the Evans: Yes, exactly. who has two copies of the transport list with him. Transport pro- witnesses he prefers (e.g. Karl Mr. Irving: So again it is a geo- graphical solution he is talking vided with following provisions:  Kg. bread,  Kg. flour, Wolff, Fritz von Eberstein, etc.) about?  Kg. peas,  Kg. nutriments,  Kg. cornflakes,  bottles served long sentences? Evans: Quite right, yes. of soup spices. . . The Judge becomes restless, and I  : SPK1 from SPÖ SSD Berlin No.    parts  explain that I rely on the inter- HE SPEECHES FROM EVANS  SPK  .... , Kg. soup-powders,  packets of .... cor- views for several reasons: to Tbecome longer; he snaps at show that Evans’ researchers me to let him finish, then he rupt groups ....  Kg. salt, .... corrupt groups ....  ..... corrupt have failed, or not troubled, to wanders off course, and he de- groups ...... and , Rm. in Reich cashiers’ credits. Gestapo uncover the sources I used, de- clines to answer questions di- HQ Berlin, IV D . spite having total access to my own Munich collection which I Public Record Office file HW16/32 of course am now unable [being banned since Nov. 1993 from Germany] to access myself; that these documents provide the materials I relied on; and that my sources are better than his. Also that with thirty-nine years of speaking German, my know- ledge is somewhat better than his five years’ of ditto ditto Evans admits that he mistrans- lated daran glauben müssen. Being the Pinko academic that he is, he hates the Nov. 10, 1938 document from Rudolf Transcript, January 13, 2000: Hess’s staff, particularly when I rectly even when asked four ask (a) is it in his view signifi- times by me to do so. Mr. Irving: ... my translation, my Lord: Himmler himself cant, given its clear reference to The Judge seems to tolerate this contacts him [Jeckeln], either in person or through his adjutant orders from Hitler (“the highest unresponsiveness, and once he Grothmann. He sends this message, at : p.m. on Dec.  level”); and, that being so, (b) instructs me, using sharp []: “To SS Obergruppenführer Jeckeln, Senior SS and Police has any other historian than I, words, to allow Evans to com- Commander, Ostland, Riga. Reichsführer SS Himmler summons before or since, quoted this doc- plete his remarks. you to him for a conference on Dec. 4. Please state when you will ument, and if not why not? That takes some five minutes of arrive here and by what means you will be travelling”. During the lunch adjournment, a rambling, tortuous reading of In other words, he [Jeckeln] has been summoned urgently to learned friend advises me that page after page of the Expert the Headquarters. The very next message explains what is the real reason why Evans Report, while I now deliberate- going to happen. “SS Obergruppenführer Jeckeln. The Jews being frantically scrabbles in his Re- ly do not intervene. outplaced to Ostland”, to the Baltic, “are to be dealt with only in port so often is that he does not The Judge sighs to me, when accordance with the guidelines laid down by myself and/or by the know the answers to even the Evans finishes, “I am sorry. I Reichssicherheitshauptamt on my orders. I would punish arbitrary simplest questions on Third did not anticipate that he and disobedient acts”, signed Himmler. A most important Reich history. His researchers would go on quite so long.” message! He’s not talking about a “Hitler Order” here. He is have done the spadework. During the lunch adjournment I saying: “The guidelines issued by me”, by Himmler, “or by the “Don’t say, ‘Albert Speer was Hit- decide to submit to the Judge Reichssicherheitshauptamt,” which is Heydrich. Jeckeln, out ler’s munitions minister, wasn’t that I must now ask for several on the Eastern front, has overstepped the guidelines. He has he?’,” advises the friend. “Ask more days to cross-examine started shooting thousands of Germans. He has been sum- moned to Himmler’s headquarters, to Rastenburg, in East him outright: Does he know this witness in view of the Prussia to account for himself. who Speer was? Show him up!” length of his answers and his 18 ACTION REPORT Jul.20, 2000 evasions. But Richard Rampton “the Wolf’s Lair” (Hitler’s head- Tomorrow, to borrow a marxist growing bluntness, several rises, from his end of the Court- quarters, the FHQ) it is not slogan, la lotta continua. times) whether he does not con- room, to express concerns about necessarily Hitler’s bunker. sider the decodes and inter- much the same likelihood. He produces a FHQ map showing February 17, 2000 cepts to be far harder evidence Rampton says it is my fault for many bunkers; I ask him its than any later statements, e.g. dwelling too long on the early date, and it is 1944! By which (Thursday) To bed at four a.m. in Nuremberg, or even the pages; the Judge interjects that time the numbers of bunkers and up again at 7:50 a.m., feel- CSDIC reports of 1945. the defendants are to blame for had multiplied manifold. ing Lethal with a capital L. He has also adduced a Jan. 1942 submitting such a vast report, Toward the end, faced with anoth- ’Mal sehen! At 8:34 a.m. I phone letter written by one Schulz Du of which the first 200 pages are er unhelpful document in the [German writer] Ingrid Weckert Bois, reporting that after Admi- quite superfluous in his view, chain, Evans suddenly launch- for the first time: What evi- ral Wilhelm Canaris conveyed but on which I have still had to es into a now familiar tirade dence is there for her “ten a.m.” protests (no doubt, those from cross-examine. about my “tissue of lies,” “ma- timing of the broadcast of Goeb- Bruns) to Hitler, Hitler made I state that I will not agree to Fri- nipulations,” “distortions,” etc., bels’ pronouncement, halting an unhelpful and dismissive day being a Court day: I am and his whole Nickelodeon the pogrom, on the morning of comment to him. alone in this battle, against record suddenly begins to play. Nov. 10, 1938 – the night after I extract from Evans the admis- some thirty barristers, lawyers, The needle is stuck. I allow him the Kristallnacht? sion that Canaris was an anti- solicitors, attorneys, trainees, to reel off his now familiar list “The time?” she repeats. “Ich habe Nazi who was hanged by Hitler and researchers, and the physi- of insults until he runs out of es doch gehört!” “I heard it!” in April 1945 for treason: hard- cal burden will not allow me to steam, without interrupting, She recalls they even had to ly a perfect source for such a sacrifice that day which I need and I then proceed to the next hear it at school. Which cer- third-hand reported remark. for preparation. question without comment. tainly fixes the time at earlier Canaris is the source of many a The Judge agrees. Evans is in- The effect on the public of his un- than four p.m., the time pre- document used in war crimes structed to rearrange his Mon- controlled hostility and puerile ferred by the Defence. trials; but not even Nuremberg day academic timetable at name-calling is as desired, as At 9:18 a.m. I phone again to ask accepted his version of Hitler’s Cambridge to allow for an extra people tell me a few minutes what were the school hours in Aug. 22, 1939 speech, ND: L- day in the box, and he has only later, as we leave. those days in Germany? – She 039 I think! himself and his silvery tongue has however gone out. For a while we look at Evans’ to thank for that. T IS ALL RATHER ODD: OUR OP- The taxi gets snared in roadworks charge that I have played down There is one Nuremberg docu- Iponents are yelping in newspa- and jams in Piccadilly. I am in the statistics of the victims shot ment, dated Nov. 15, 1941, per articles around the world the Courtroom five minutes at Riga in 1941. He complains which proves of unexpected val- that the correct way to deal late at 10:35 a.m., and apolo- that I stated in Goebbels that ue. It shows the Reichskommis- with these issues is by proper gise to the Court. the killing pits probably held sar Ostland (Hinrich Lohse), debate, and not in the Court- On the witness stand, Prof. Evans one to two thousand bodies asking Alfred Rosenberg what room (as though proper debate is back to his hostile, hands-in- each; he estimates far more. I he is to do with the Jews. Are is what is going on here); but pockets stance. Asked by me, remind him that Bruns in 1945 they to be shot? He is quite they have spent twenty years this Defence “expert” admits described the trenches as being ready to do this, but he can find using violence and pressure to candidly that he has not the twenty-five metres long, and no instructions to that effect, prevent such debates, and faintest idea of the CSDIC re- about three wide. even when looking in the “brau- when the chance for debate ports, of which some 50,000 Evans objects, “But we don’t ne Mappe” (which appears to be comes, they seize up and turn pages or more are in the PRO, know how deep!” “Look at the a high-level dossier of invasion into tinpot Andrei Vishinsky’s. and that he has never worked photograph at the end of the and occupation directives). Their no doubt powerful brains in them; nor in the Bletchley bundle which I handed you this The thus-documented lack of such find it within them only to re- Park intercept files either. (The morning, please, witness,” I re- a killing-directive is, the profes- gurgitate language and argu- CSDIC reports are transcripts spond: “Does it show a trench sor cannot avoid agreeing, sig- ments that could have come of hidden-microphone record- filled with bodies, under the nificant for any argument about straight from the marxist-len- ings of captured German pris- guard of British soldiers hold- the “systematic” nature of the inist history textbook of some oners, like the Bruns Report). ing Tommy guns? I believe it is killings up to that point. pre-1989 state school in com- We discuss the closing para- Bergen-Belsen.” The Judge asks me to go over the munist Köpenick. Every wit- graphs of the Bruns interroga- “But is this a picture of the trench Nov. 30, 1941 [Himmler/Hey- ness they don’t like is a “neo- tion, and Bruns’ 1945 recollec- at Riga?” he doggedly counters. drich] episode again – which I Nazi” and “Hitler apologist”; tion of a third-hand 1941 re- “No, it is a picture of a trench be- had proposed to skip – since every statement that cannot mark by the SS-gangster Hans ing filled with bodies by various Evans has dealt with this in his immediately explain, they de- Altemeyer (upon which the De- women.” report (SEE PANEL BELOW); mand to see in facsimile. fence heavily relies) that al- Evans refuses to answer the ques- Evans eventually agrees with The session has ended a few min- though the SS had now re- tion if it does not show the ac- most of my points on this and utes earlier than usual, as His ceived orders (Dec. 1, 1941 from tual trench in Riga to which on the related Bletc.hley Park Lordship has an appointment Führer headquarters) that Bruns is referring. The Judge decodes (PAGE 17), though he elsewhere. Taxi back to Duke these mass shootings are to rules that I may continue with rather quaintly argues that if Street. I hit the sofa, and Jessi- end, they are to be resumed my question, but even he says Himmler is on the phone to ca spends the next three hours elsewhere less publicly. at first that a trench can be of Heydrich “from the bunker” at ensuring I do not fall asleep. I ask Evans repeatedly (and with any depth, surely?

The Himmler–Heydrich episode In Hitler’s War (), Mr. Irving revealed a note by Hein- rich Himmler on a phone call to Reinhard Heyd- rich, chief of the RSHA, at : p.m. on Nov. ,  (), ordering that a trainload of Jews from Berlin was not to be liquidated. The call was put through from Hitler’s Wolf’s Lair (Wolfsschanze) bunker. But the train had arrived at Riga that morning in the midst of a liquidation of local Jews, and as described in Goebbels, Mastermind of the Third Reich the Berlin Jews were machine-gunned into pits – already dead by the time Himmler spoke with Heydrich. Himmler summoned SS Obergruppenführer Jec- keln from Riga to headquarters to account for his “arbitrary and disobedient acts” ( ). A page from the Himmler file in Moscow now reveals his actual agenda for Nov.  (). Was the original theory that Himmler discussed the matter with Hitler first wrong? Only at : p.m., did he go for lunch with Hitler. Jul. 20, 2000 ACTION REPORT 19 “My Lord,” I respond, “I worked as “17.7. Freisler”, in support my way through University as of that version, he laughed it out of Court. As I pointed out, a navvy. I have spent my early the notorious Freisler, later years digging trenches. I am an the hanging Judge Freisler, expert on trenches! If they are would hardly like a document not shored up, they cave in.” being addressed to him just as The professor says he too has ex- “Freisler”, without his rank or title. perience, as his house is having an extension built. At 11:49 a.m. I phone Ingrid I am allowed to put to the witness Weckert; she informs me that this calculation: if the trench is school hours in wartime Ger- 25 metres by three by two me- many were eight a.m. to mid- tres deep, say, for the purpose day. That fixes the time of the of this calculation, and if it has Goebbels broadcast nicely. square sides (not the sloping ones that common-sense dic- ELL HERE’S AN AMUSING tates) it will hold 150 cubic me- Wthing that I must bring tres; and if no allowance is up at the right time. Nicholas made for a fill-in layer of earth H. e-mails me: on top of the bodies, then 1,500 How deep is a pit? British soldiers force German female camp staff at I thought you might be inter- bodies can be packed in, assum- Bergen-Belsen to bury the dead (  ⁄ ). ested in some comments by ing ten bodies to a cubic metre. Lipstadt that I just caught on BBC2. Working late I had the The witness lapses into silence, responses to my cross-examina- American Jewish Committee, tion. as I am told, why should my TV on in the background – the and my one to two thousand es- BBC’s “Learning Zone” – that timate seems to have prevailed. I suspect, to be fair to Prof. own friends in that great coun- featured a programme on Jews Evans, that this particular is- try not want to shake my hand? in America. Several segments sue has not been one of his own We are still trying to raise the of an interview with Miss Lip- HE PETTY OBJECTIONS BY stadt were broadcast (from Prof. Evans have, in my view, strong points, and that if the funds needed to bring the “live” T assistant who had done the re- Courtroom transcripts back to 1.30 a.m. Thursday, BBC2). proved self-defeating. On the She began by condemning other hand I may be wrong and search on the matter had been my Internet Website. mixed marriages, with Jews this witness-tactic may be pre- on the witness stand, the De- Nine p.m. finds me already in “marrying out”, and, para- cisely what lawyers, judges, fence would have fared better; bed, and 9:01 p.m. fast asleep. phrasing, if this trend contin- ues “intermarriages could de- and Courts expect and applaud. he seems out of his depth, and his answers are notably shorter stroy everything”, with over The Schlegelberger Document February 18, 2000 “52%” of Jews in America mar- though, alas, no more to the (PAGE 15) takes up an hour of rying non-Jews. the afternoon, and results in a point for that. (Friday) Up at 7:50 a.m. after I am sure that Mr. Rampton resounding and even somewhat nearly eleven hours’ sleep, and would not look too favourably on similar comments, if, for ex- unexpected victory. N THE AFTERNOON, AFTER MR. I need it. Jessica dawdles get- Rampton mutters a loud com- ting dressed, so I have to take ample, you suggested that “it I could destroy everything” if [It quotes Hitler as ordering the ment about Hitler’s military de- her to school by cab. A ten-inch postponement of the solution of Christians mixed with Jews. feats and his ineptness, I curse high pile of correspondence to the Jewish Problem to post-war.] Yes, but I am the one they are myself for not having respond- deal with this morning. smearing as the “racist”. And At first Evans demurs, grumbles ed: “Hitler had bad counsel!” This message of thanks goes to that it is an odd document with Lipstadt is not brave enough to To my delight Rampton, who “Samuel Crowell” (a nom-de- no heading, no signature, etc.; go into the witness box. seems to be slipping today, re- plume) who has been assisting and I have attacked “docu- Around six p.m. a courier brings peats his remark in a loud sotto me with documents: ments” on that basis. I say: one an unexpected 24-page docu- voce, and “bad counsel” brings It is clearly impressing the document is under serious at- ment from her lawyers, Mish- the house down – which in a Judge that I produce transla- tack by me, the Jun. 28, 1943 con – another trick by them. Courtroom of the RCJ means a tions of the documents that the crematorium-capacities docu- It is a new paper by Prof. Peter polite ripple of laughter – and Defence has hurled at him only ment (PAGE 6). But that docu- in German. Yesterday was a Longerich, entitled “Glossary of has even Judge Gray chuckling. ment, unlike this one, has a great day. Today, thank God, is some terms used by the NS re- At the day’s end, I announce that free, I am beginning to crum- very obscure provenance, while gime in connection with the in the remaining ten minutes I ple physically otherwise. the pedigree of the Schlegel- murder of European Jews.” want to tackle briefly the issue 2. Can you e-mail to me over berger document is beyond Longerich has dipped into the of the Roman Jews and Hitler’s next 24 hours an English text doubt: an unbroken chain of for: ND: PS-3063, Report of Su- Ausrottung dossier that I was Oct. 1943 order that they are correspondence since Nov. 1945 preme Party Court, Feb. 13, required to provide by Discov- not to be liquidated, notwith- testifying to the original docu- 1939 (IMT, vol. xxxii). ery, and has attempted to swat standing that Mr. Rampton has ment’s existence, to its “vanish- A lot seems to hang on the fi- the arguments in advance. grandly declared that he no nal paragraph, which is in tor- ing act” from 1946 to 1978, and I shall ask the Judge to disallow longer relies on that episode. tuous lawyer-jargon. its present location in a file of this kind of document. But I do, I tell the Court. 3. Unlike all the exterminati- “Mar–Apr 1942” Reichsjustiz- Certainly it cannot be put to him, The matter is postponed to Mon- onist historians, the Judge has ministerium documents at the been wowed by the Schlegel- or so I hope; but it might be put day. Prof. Evans wails that he Bundesarchiv in Germany. berger document (Spring 1942) to me in cross-examination, or has hoped that we would con- The Defence in their written re- – Hitler ordering the Solution by me to him. I note that he tinue to 4:30 p.m. today, but I of the Jewish Problem post- ports have made a noisy case deals only briefly with the sev- am silently shaking my head, poned until the end of the war. for enveloping this otherwise eral words as used by Hitler, and the Judge too has taken all He refuses to accept their ver- unambiguous document in a sion that this was just the red which is all that counts in this he wants to today. smokescreen about inter-minis- tape on the mixed-marriages, trial; and he uses a 1980 dic- We return to Duke Street – the terial talks and red tape over and made this quite clear from tionary, whereas I shall insist taxi loaded now with support- his remarks and from his en- mixed marriages, half-Jews, on using a pre-war one. ers, including three who have ergetic highlighting of the pas- and related problems thrown 10:02–04 p.m. a mystery voice, come from the United States on sages that really matter (which up by the Final Solution. is always a good clue). identifying himself only as confidential missions to me. They even try to haul it out of its As for their alternative alibi, Schaefer (and sounding Jewish) Well, if Prof. Lipstadt has been 1942 context into the less homi- that it was really from 1941 (or says he has some information provided with a multi-million cidal climate of 1940 and 1941. even 1940!), and that “St S for me: “Your friend Gerald Ga- dollar Defence fund by the Freisler” should really be read The Judge has his eye on the ball ble is in the High Court next however. I suspect that this is week, on Monday, in the High because the document is genu- Court, Court 35, defending a li- ine (as even Evans eventually The trial transcripts and bel action.” He has seen the important documents can be confidential papers and knows concedes), it is short and to the read on our Website at point, and, in effect, “pure that Gable will be raising my Gold”. It allows little room for http://www/fpp.co.uk/trial name. The hearing is before the Evans’ usual evasions. Judge Hon. Mr. Justice Walker.” “You Gray is unconvinced by Evans’ should send somebody along.” 20 ACTION REPORT Jul.20, 2000

NTERESTING MESSAGE FROM she who sent the poison-pen play Hide and Seek with me! selves being subjected to cross- IDüsseldorf lawyer Hajo Herr- letter to Vicki Woolf to cause You could get loads of lawyers.” examination. mann.* He mentions the fine last week’s incident. Children! Their little ears are Judge Gray at first gives a vague reporting by Don Guttenplan in So, thank you Richard Rampton: wide open all day long, picking ruling, but I ask firmly for a di- The Atlantic Monthly. to score a cheap point, you don’t things up, and processing them. rection; which he then dictates. Herrmann includes a revealing mind what harm you cause. Contributions are coming in from I think that that knocks out remark by Otto Günsche, one of At seven p.m. American lawyer G. all over the world toward the both Levin and Eatwell, and the last surviving Hitler adju- shows up for dinner. That rips a cost of putting the daily tran- their Expert Reports. tants, amplifying Guttenplan’s three-hour hole in the evening. scripts back on line; it is the Rampton states that he expects to statement that Günsche had He talks throughout supper of only way, as the newspapers get sufficient from my state- told him one had to assume the possibility of reaching a set- are not reporting my argu- ments in speeches and the like; that Hitler knew of the liquida- tlement with the enemy: I edu- ments at all: “We are trying to I doubt it – these will explode tion of the Jews. cate him that they would not raise cash to pay the fee that in his own hands when the time Günsche [says Herrmann have thrown Six Million dollars the Court reporters are de- comes for my submissions. now] told me by phone on Feb. into this action to destroy me if manding for us to use the cur- I finish cross-examining Evans at 17 he first heard of gassing and they would entertain a settle- rent transcripts; as a punish- four p.m. on the nose. The Auschwitz when he was in the ment on any terms whatever. ment, they have ceased supply- Judge compliments me: “Well Lubyanka prison in Moscow. When the gentlemen came to I prevail upon him to drop the ing them even to me!” done. You have completed eve- interview him he, like most matter, as I do not wish to 3:52 p.m. I phone Davenport, Ly- rything just as you promised.” Germans was exposed to the spend my remaining years talk- ons’ Mark Bateman and ask During the day Gray has picked suggestive influence of the me- ing of the trial, the Holocaust, when I am cross-examining up on a number of points which dia, so that he gradually began and the Jews. I find them all Prof. Longerich. He says Tues- I consider strong elements of to believe Auschwitz was prob- ably true. If that was so, then boring, boring, boring. day. Then the German profes- my counter-attack; they in- Hitler would have had to know I work until 2:45 a.m. again. The sor Hajo Funke next week. clude: the Schlegelberger Docu- of it too. paper mountain is down to I work until 2:45 a.m. again, pre- ment (which he specifically Today, he would no longer be about one and a half inches. paring the final day of cross-ex- mentions to Evans today as de- able to say that. amination of Evans. feating one of his documents). February 20, 2000 In his re-examination, Rampton February 19, 2000 February 21, 2000 is brief, going only to the Hess (Sunday) Asleep at eight a.m., I Anordnung of Nov. 10, 1938, (Saturday) Up at nine a.m., hoo- hear the phone ringing, and (Monday) The British press re- which he seeks to limit to the ray. A good day’s work on the Jessica, six, answers. Later she porting has totally dried up Jewish “shops” [Geschäfte]; and paper-mountain. wakes me and says: “I told while I have been cross-exam- to the Heydrich 1:20 a.m. mes- 2:21 p.m. Fred Toben phones from them Mummy is sick and you ining Lipstadt’s experts. I am sage of the same night. Australia, bearing complaints are in bed asleep.” surprised. I wonder how much Here it seems that in the process from revisionists that I am sac- While I am writing this morning, money the Defence has spent of drafting GOEBBELS six times rificing positions to fight this she hides in the cubby-hole un- on public relations firms. I am over eight years a trivial slip trial. I remind him that my der the desk. Sometimes I wish not naïve about this. may indeed have occurred for head is the one on the block, I could do that too. I begin today by asking that the which I must take the blame. not theirs; and that I am not She blurts out this morning, at Judge direct the Defence to It does not in my view change the going to defend lunatic posi- 11:02 a.m., “Daddy, why don’t serve a skeleton argument on main history of the events of tions. I speak pretty sharply you get one of those ‘lawyers’ to me setting out the statutes and that night, the Kristallnacht, with him, and say that his (bla- do all the work for you, then authorities on which they rely but it is the kind of straw that tantly) “anti-Semitic Website” you would have more time to in presenting the Expert Re- drowning men clutch at in a fi- is causing part of the trouble. play games with me. You could ports without the experts them- nal delirium. A few days ago Benté showed that she is realistic about the possi- ble outcome of this trial; she has begun looking for new ac- commodation for us in [. . .] Today she repeats that she be- lieves we’ll lose Duke Street; I point out, that will not be a bad thing, as [. . .] She drags herself out of her sickbed to take Jessi- ca to the dancing school at No. February 22, 2000 February 23, 2000 quote wads of the Talmud to 43 Harley Street at two p.m., me, and earnestly advise me to since I’m “not allowed to”. (Tuesday) The day begins with (Wednesday) Laurence M., a Har- submit them to his Lordship. She comes back near to tears: one Jessica announcing that Mum- vard legal friend, phones. He Not many brownie-points to be of her old-time best friends, my is very very very sick. Yes- will come to Court today. earned there, I think. Jeannette – (a psychology terday she lay all day in her Jessica’s school has half-term. 10:20 a.m. A Channel Four film Ph.D., married to the vice darkened room, and today as She asks me to take her to her crew film me as I arrive at president of Sony UK, both of well. little friend Grace’s “on the way Court for the documentary dra- them Germans) has screamed A clear day’s work to complete to” the High Court (it is in the ma they are producing on the at her outside the school en- preparations for Prof. Long- opposite direction), so I arrange case [“The Holocaust on Trial”]. trance, shouting that she erich. . . I take Jessica over the to leave at 9:45 a.m. Rampton has one or two items; I should be ashamed to be with road to the restaurant but she I am receiving large numbers of ask the Judge if he will allow a me, etc., and that Jessica is poi- just wants ice cream. I work faxes from around the world, day clear before final speeches, soning the other children! until around two a.m. again, many from total strangers with and he says that he thinks Jeannette boasts that she has just “treading water” to keep largely useless advice, some- three or even four days should agitated against us among the afloat in the white-water tidal times fifty pages at a time. be left clear before final speech- other parents, and that it was race of paperwork. Many such helpful “friends” es, which is more like it.

BEGIN CROSS-EXAMINATION * H H was a World War II braving attempts by the Ministry of Justice to have Heinkel bomber pilot, and then a him prosecuted under their ‘anti-free speech laws’ for I of German historian Dr. Peter Luftwaffe fighter pilot, decorated with endorsing the views of his clients! Longerich around 10:40 a.m. Germany’s highest medal for valour. Herrmann is in other words the very opposite of Longerich admits that after his Mr. Irving writes: I first interviewed that cowardly defence lawyer who appeared before lecture, to the German Insti- Herrmann in 1964. Through the wilde Roland Freisler after the Jul. ,  Bomb Plot, tute in Nov. 1998, on Hitler and Sau fighter tactics which he introduced listened to the prosecution opening statement and the Holocaust, he invited ques- in , he spared Berlin a Hamburg- then announced: “I can only wholeheartedly endorse tions but then refused to an- type firestorm in Sept. , saving per- the views expressed by my learned colleague against swer mine about the Schlegel- haps a million lives – after losing  Lancaster my client.” The German Bar Association found in berger Document (or anything bombers in three raids, ‘Butcher’ Harris halted the  that Herrmann had acted impeccably, but Ger- Berlin series. From  to  Herrmann was my man public prosecutors’ attempts to jail this brave else, for that matter). He states defence lawyer in Munich. He found himself himself lawyer have not let up. that he considers this wartime Jul. 20, 2000 ACTION REPORT 21

document to be “insignificant”. AMPTON MUTTERS IN A LOUD Okay by me, but I have not had He now suggests that the reason Rsotto voce (a tactic which is that in my hands since the late that he refused to answer my beginning to irritate) about the 1960s. It is at the institute in question was that he already expense of allowing me to con- Munich. I will try and get it, I knew that he was to give evi- tinue to question Longerich say, for Monday. dence against me (in Nov. about matters that, he says, I The Judge asks the Defence solic- 1998?); when I ask him if he in- “have already conceded”. itors to use their good offices to formed the meeting’s chairman I should have pointed out yet get the document from Munich. of that reason at the time, he again, there and then, that the I cross-examine somewhat better admits that he did not. trial could have been cut short all afternoon, on the basis of He is on oath, and I do not press two or three weeks ago, when I Jessica “Why don’t you get one the brief provided by Michael the point. I take him very gen- offered to end it forthwith if of those ‘lawyers’ – then you could Mills, an expert, of Australia. A tly all day, compliment him on they could scrape away some of play Hide and Seek with me!” – very useful brief it is too, and it his English, and lay no real the gravel on the roof of Crema- She took this picture of Mummy. helps to narrow down the is- traps for him. He is relatively torium II, and find that the sues, though it lengthens the easy to corner and manœuvre Zyklon-B introduction holes de- cross-examination and I am into making useful statements scribed by their “eye-witnesses” still unfinished by four p.m. – so easy that I have to urge have been there all the time. I apologise that Dr. Longerich will him not necessarily to agree There are no holes however, and therefore have to return on with the points I make, but to we know it (apart from the hole Monday for half a day. The think carefully first, as other- that the Defence is in, in this Judge pulls a face, but every- wise any concessions he does respect). body resigns themselves to it. make are probably valueless. I ask Longerich if he is familiar Meanwhile, to my surprise, Mu- For a while I ask him about Hit- with the police decodes; he nich has already supplied by ler’s anti-Semitism. Mr. Ramp- agrees that he has studied four p.m. to the Defence law- ton is edgy, and leaps to his feet those in Washington and some yers the entire Karl Wolff docu- to protest that I have “conced- of those in the Public Record ment: it is five pages long, and ed” that Hitler was anti-Semit- Office. He has not seen the Dec. the Judge, after glancing at it, ic from the very outset. 1, 1941 decodes (PAGE 17), and invites me to agree that I stat- I ask Longerich whether Hitler clearly thinks them important. ed this morning that I rely on was indeed such an anti-Semite He tries to suggest that such in- the whole document. tor Josef Kremer seem to have if he tolerated a half-Jewish tercepts are only from the Ord- been stalled; the Rijksinstituut chauffeur (Emil Maurice: see nungspolizei, and do not con- WONDER WHAT HIS EAGLE EYE in Amsterdam does not re- Prof. Peter Hoffmann’s book on tain high-level materials; but I has spotted! Longerich is reluc- spond; the public prosecutor’s Hitler’s security), and a Jewish even the Judge knows that this tant to comment without read- office in Münster has not re- dietician, Marlene Exner? is wrong – there are scattered ing it in full, and I volunteer to plied since their first letter; the We finish this expert’s Glossary examples of messages signed by translate the whole thing this Zentralstelle in Ludwigsburg on “euphemisms” relatively Himmler himself, and to Ein- weekend. I think that will be apologises by fax that they swiftly; the Judge does not like satzgruppe commanders. worth it, as it does seem to sug- have only illegible extracts. the document, and urges me to 3:45 p.m. I finish cross-examining gest a really bizarre relation- I finish the latest bundles and speed through it. I have already Longerich on his Glossary and ship between Himmler and Hit- take them to the High Court at announced that I shall concen- on Part 1 of his report. Tomor- ler over the Holocaust – a word ten a.m. US lawyer G.’s family trate on Hitler’s usages of spe- row is the last trial day this that did not even exist in this are there, all five of them; and cific words like Ausrottung and week. context when I last had the doc- Lawrence M. from Harvard. A Vernichtung. Back home, by bus. I fall asleep ument in my hands in 1970. packed house, and twenty more Richard Rampton QC is a chain on the bus. The flat is in dark- I use up the remaining ten min- people waiting patiently out- smoker and suffers accordingly ness. Benté is curled up in bed. utes by putting to the witness side for seats to get in. in the non-smoking Courtroom. Jessica is out, still at Grace’s? first the Danneker (Aug. 1942); then the Ahnert (Sept. 1942) But he is a tough old boot; he This message goes to a barrister STRAIGHT AWAY PUT TO THE document, and finally the Föhl must have been through battles friend, A.: court the Karl Wolff document I (June 1942) document. like this a hundred times, and Judge Gray directed the de- [the confidential statement of I do not have spare copies of one with far more capable adversar- fendants to supply an Argu- Himmler’s personal adjutant, item, and I apologise for my ies than me. ment on why they should be al- made in 1952 to the Institut für lowed to table experts’ reports disorganised condition. Judge He rises once again to object that Zeitgeschichte]. The passage I without calling the witnesses. Gray remarks: “Normally you I have already conceded, as he am interested in has W. saying They have today complied. are exceedingly well organised.” claims, with references to Days Can you give me a reply and this (in my translated extract): authorities this weekend? But that is the only praise from 2 etc., that Hitler knew of and Himmler was in his way bi- Please come and have dinner His Lordship this day. had ordered the shootings of zarre and religious, and held with us one evening over the The German witness cavils over Jews by the Einsatzgruppen in to the view that for the Great- weekend (Friday, Saturday or est Warlord in the Greatest each item, even suggesting that 1941. I cannot be hurried on Sunday), when I am off. War of all times he had to take the paragraph of Föhl which this point; I refuse to state a All going well otherwise. upon himself tasks, which had Götz Aly quotes verbatim in position “on the hoof,” as I put A long call from him at 10:36 p.m. to be solved to put Hitler’s it, and say I will submit a writ- Endlösung may have left out with suggestions; he wonders ideas into effect, without en- more vital, incriminating stuff ten statement tomorrow, which whether I can apply for an Or- gaging him personally. Around Aug. 1942 the Reichs- proving that the letter is balo- may well agree with his claim. der that Prof. Lipstadt present I refuse to be rushed into conces- führer SS dropped some dark ney. I point out that Aly, an “ex- herself for cross-examination hints: Wolff could have no idea terminationist” historian of sions, alleged or otherwise. On on her affidavit of Discovery. what one had had to take on the Dec. 29, 1942 Meldung No. whom he has only this morning That would be a firework. ones self for The Messiah of the spoken highly, is unlikely to 51 (PAGE 3), I point out that be- He suggests that Rampton, as a Next Two Thousand Years, in order that this man personally have left out even a comma cause a document is marked QC, is probably well informed “vorgelegt” (submitted) that remain free of sin. that speaks in his favour. on the Reports business, and He (the Reichsführer) was True, Aly goes on to dismiss the does not mean it has been read that he probably does have the beyond help. For the sake of by Hitler, particularly as others document as “camouflage”, but right to produce them after all. the German people and its the evidence that we have sug- that day were endorsed vorge- He would not argue otherwise Führer he had had to take things upon his own shoulders gests that it is not. After all, legt not once but twice – indi- if not. That seems lame to me, cating that they had not been of which nobody must ever be the document has Walter Föhl, but I shall let the matter drop. allowed to learn. . . The Reichs- a leading Krakow resettlement read on at least one occasion. führer had taken the decision I say that I hear rumours that organiser, writing to his SS February 24, 2000 to solve the Jewish Problem comrades in June 1942: some briefs are “submitted” to radically, as Himmler consid- leading Counsel (I mention the (Thursday) I work until 3:10 a.m., ered the Jewish Problem and Every day, trains are arriving name of George Carman QC) and am up again before eight, Bolshevism to be practically with over 1000 Jews each from before I remember that Jessica identical. throughout Europe. We pro- but never actually get read, and vide first aid here [he was writ- this evidently strikes a reso- has Half-Term. Peter Longerich primly says he ing from Krakow, so “here” was nant chord with both Mr. My efforts to get the full text of will not comment without see- probably Auschwitz], give Rampton and his Lordship. the diary of the Auschwitz doc- ing the whole document. them more or less provisional 22 ACTION REPORT Jul.20, 2000 accommodation, and usually to a separate file. plied to the Israeli government produced any sign of the “bar- deport them further towards to release the Eichmann mem- racks” or encampments built to the White Sea to the White oirs. That is interesting; M. house the deported Jews in Ruthenian marshlands, where February 26, 2000 they all – if they survive (and phones at 1:34 p.m. and when I Russia, the White Sea, Düssel- the Jews from Kurfürsten- (Saturday) This letter goes by e- tell him this, he suggests, “Yes, dorf, etc.; I could well have damm or Vienna or Pressburg mail to The Gang at 1:17 a.m.: and why not the Himmler dia- made the same remark about certainly won’t) – will be gath- ries while they are about it!” the “holes” in the roof of Cre- ered by the end of the war, but I have now translated for the not without having first built Judge the whole Karl Wolff matorium II. a few roads. (But we’re not sup- document. The interesting pas- February 28, 2000 What is plain is that the docu- posed to talk about it.) sage . . . Hitler’s ignorance of ments show the intention of the Jewish problem, Himmler (Monday) Up at 7:50 a.m.; Benté those planning the deportations I offer to let Longerich brood on kept “the Messiah” deliber- is obviously very sick. I take to build such camps; whatever these documents over the week- ately in the dark. Jessica to school, finish prepar- I will cross-examine Longe- the final product. I put to him end; I wonder what alibi he will ing the documents for today, rich about this extensively on what he wrote in Politik der think up for them by Monday! and then by taxi to High Court. Monday. It is clear what he will Vernichtung, accepting that E-mail from journalist James say (self-serving, Wolff is a liar, At 10:30 a.m., just as the Judge Himmler’s phone talk with Buchan: “I have been asked by etc.). With your help I want to enters, I realise I have the Heydrich on Nov. 30, 1941 led the New York Times Sunday make a big meal of this how- wrong file with me. I frantically ever. Please suggest points, to a stop on the killing of Ger- magazine to write a longish close it and open it several piece about your libel action. . .” questions, likely evasions by man Jews for many months. the Defence, etc., to reach me times, in the hope it will magi- That’s nice. The entire East Coast by Sunday afternoon. cally turn into the right one. It That too is embarrassing for the newspaper industry has so far Michael M.’s briefing for the is not the cross-examination file Defence here; the Judge asks acted as though this historic Longerich report is proving at all. why I repeat this point, and I pretty devastating, and the trial is not proceeding; while I stutter my apologies – Judge say that this source’s own book the Los Angeles Times, which Judge perked up no end when makes the point far more firmly this kind of question started Gray is very understanding: he did carry a major story [by Kim being asked by me. asks if there is nobody who can than the Defence experts have Murphy], has been severely 2.) Can somebody supply a bring the file over to Court for allowed in their reports. rapped across the knuckles by text of the Ahnert document? me, I explain that B. is fighting He makes some further damaging 3.) How do we know that the the usual suspects. I agree to a battle of her own. statements before being re- see him any weekend. Föhl letter is from his BDC [Berlin Document Center] file? I hail a taxi back to Duke Street, leased from the stand: putting [The New York Times eventually the overall death roll at Ausch- I work until three a.m. Up at 9:20 leaving a packed Courtroom be- spikes Buchan’s story.] witz at one million, he states in a.m. More cheques in the mail; hind, with people still lining up answer to my question that we must get the transcripts outside. that figure is inclusive of all back up on the Internet. The taxi plunges straight into the February 25, 2000 causes including pestilence, ep- I repeat this e-mail to the Frank- mother of all traffic jams in Ox- ford Street; it takes 45 minutes idemic, starvation, overwork, (Friday) Up at 9:10 a.m. No Court furter Allgemeine Zeitung: to make the round trip. Benté cold, etc.; astonished, the Judge today. Hooray. Feeling good. I I’ve invited my Website read- is still in her silent and dark- asks him if he means that? fire off this letter to [Penguin’s ers to send you their opinions ened room, as I had left her. Longerich says he thinks that attorneys] Davenport Lyons: on the reporting by Frau Men- asse. My readers, unlike the I complete cross-examining Long- death by sickness in a place I have received no digital folks who read FAZ, can read erich. I ask him to examine the like Auschwitz is just like any transcripts since Day 15 (Feb. the trial transcripts day by day other kind of murder. 3). I have repeatedly addressed Karl Wolff manuscript, point by and so they know rather bet- The Judge perceptibly shrugs, the yourselves about this matter, ter what is going on in Court. point. The mystic, religious na- and made a written cash-per- ture of Himmler is agreed to; Defence team fumes impotently 6:10-15 p.m. A phone call from day offer to yourselves, which but not Wolff’s conclusions at their man’s “wrong” answer. Brazil journalist; clearly a left- I consider reasonable, which is about Himmler’s sole responsi- I conclude by putting to him the to include permission to con- winger, and his questions edge bility for the mass extermina- Horthy–Hitler conference of tinue our daily posting of the towards the hostile and imper- transcript on the Internet as a tion of the Jews. The latter is Apr. 16, 1943, with Hitler’s ref- tinent, so I end the interview non-profit making service. I dismissed by Longerich as erence to the “Jewish” origins after five minutes. have received no acknowl- Wolff’s self-serving fantasies, of the bombing campaign Work until 2:30 a.m. on the Web- edgement or reply. bottled in vintage 1952. against women and children; While I wish to imply no de- site, updating items and fixing I put to him the Horst Ahnert doc- which corrects Evans’ point. liberate intent on your part, a bug in the UK order form. F. the denial to me of the digital ument, and then the Föhl let- In re-examination, Rampton [a US bookstore] wants 200 version of the daily transcripts ter. They cause him some trou- trawls through a number of more Goebbels. We’ll soon have is causing me disadvantages; it ble, and he has to state that the items. He trudges interminably to reprint that. has made it pointless for me to latter is just camouflage, as his- through the Himmler pocket di- annotate the transcript as I ary of July 1942, a visit to proceed with the cross-exami- torian Götz Aly also avers. nations. February 27, 2000 Not good enough! I suggest that Auschwitz, meal with Hitler, I shall take up this imbalance he may find it remarkable that etc. If asked, I would have with His Lordship on Monday. (Sunday) Up at nine a.m. Thank- there are now emerging two pointed out that one person is More quality reporting in today’s you letters to Americans. I fax parallel bodies of history: missing in the diary and photo Jewish Chronicle. Major arti- to A. about the lack of “extrem- (a) the established version of on this trip: Karl Wolff! cles have also appeared in the ism” references in the State- the Holocaust, or Final Solu- ment of Claim (only to Farra- Svenska Dagbladet and the Ko- tion, which is supported as he HERE IS A DISCUSSION THEN khan, Hizbollah et).: rea Times. The press clippings states by the “consensus of Ton remaining points. I insist service confirms that there is This is the only reference to opinion” of German historians – that I must be told the correct however silence in the British extreme or extremism in the which has the flaw however of statement of claim. Should I archival file number for the press during my cross-examina- not tomorrow ask Judge Gray having not a single contempo- document Aug. 1, 1941, from tion of the Defence witnesses! to hold the defendants purely rary document to support it; “Gestapo” Müller to the Ein- Very impressive, this – how the to this issue? and (b) the parallel version pro- satzgruppen; the Bundesarchiv system works (“What, us..?”) The only references to “right- duced by us dissidents, which has told me that the file In the afternoon, and then again wing” are in the [Lipstadt] has the advantage of relying on book itself, page 111: “[Prof. number which the defendants in the evening around seven Ernst] Nolte was criticised on documents, which Longerich have quoted to me is incorrect. p.m., a courier brings two im- this point in light of pre-war and his ilk can only get around Gray mentions to Rampton that it mense files of documents on my Nazi persecution of Jews, he by dismissing them as “trivial” has not escaped his attention “extremist” associates from said that he was only quoting (the Schlegelberger document), that he has reserved the cross- [Lipstadt’s attorneys] Mishcon David Irving, the right-wing “forgeries”, or “self serving” writer of historical works” and examination of me on right- de Reya; I do not even open the page 161: “In 1981 Irving, a self- (Wolff manuscri-pt) or “camou- wing extremism, which he was packages yet. I am working on described ‘moderate fascist,’ flage” (the Föhl letter, etc.). originally inclined not even to the remaining cross-examina- established his own right-wing On the Ahnert document, at first bring before the Court, until tion of Longerich. political party. . .” Prof. Longerich says he does the very end – no doubt as a J. comes in the evening and I set . . . which is of course a lie. Let’s not know of it. But he has pub- bon bouche for the press gal- her to searching for and digital- see what he responds. lished it himself, I point out, as lery. Rampton intends to show ly copying diary references on Ha’aretz announces in Israel to- an appendix to a 1989 book! a video; I shall sit heavily on Ewald Althans (the scoundrel) day that Mr. Rampton has ap- He states that nobody has ever that, if it is edited. Jul. 20, 2000 ACTION REPORT 23 I say that I have read that Mr. into the public domain already tively throwing out much of the kind of pseudo-academic guff Rampton is asking Israel for by virtue of having been men- video “evidence” as irrelevant, impresses the Court. If it does, the Eichmann papers. I ap- tioned in this trial. because it does not relate to then God help us, there is noth- plaud his initiative and will he Richard Rampton QC heaps with- me; and throwing out most of ing I can do about it. You can- now try and get the Himmler ering sarcasm on me, saying the names in the Funke report not argue against it any more diaries from the same source! that Mr. Irving does not know as well, as being irrelevant or than you can fish for blanc- The Judge says that he has no the law and that mere mention- uninteresting to him too. mange with a hook. powers to make such an Order. ing is not enough. Judge Gray becomes quite cross, The Court reporters are asking Judge Gray looks baffled, and as my detailed cross-examina- HE MYSTERY REMAINS: WHY £100 per day for our posting of tion drags on, each question murmurs that he thinks it is. on earth have the Defence, at the transcripts. Reasonable T provoking interminable and of- Miss Rogers (Rampton’s Junior) this late stage in the proceed- enough. I send them to half a ten seemingly pointless replies whispers something, and ings, felt they need to go to Is- dozen of my historians, adding: from the witness. Rampton graciously climbs rael to get the Eichmann docu- Finally in exasperation he says he This morning I complained to down: he has now learned that ment? It cannot be purely play- the Judge about the non sup- will give me half an hour, effec- mentioning is, according to the ing to the gallery. If they really ply of transcripts in digital authorities, enough to put the tively, to finish the job after form to me; the Judge frowned, wanted to go on an excursion, document in the public domain. lunch, and that I should deal and ordered that they be made why not to Auschwitz, to the only with the bigger “rogues” of available to me on my under- I ask, “My Lord, would you be so roof of Crematorium II, taking the gallery. I am apprehensive taking not to post them on the good as to say which of us was a trowel with them, to look for Net until agreement is reach- about this, as Rampton will therefore right?” Judge Gray those Zyklon-B inlet manholes? ed. . . then surely pounce on any says with a smile: “Mr. Irving, I cross-examine until 4:30 p.m., I am attaching those tran- items I have not traversed. scripts with this message, on you were right.” and take a cab home with the At the end of the afternoon Ramp- the understanding that you do Rampton begins by showing the Süddeutsche Zeitung reporter ton re-examines for an hour. He not make copies for third par- five “extremism” videos. One (the usual lefty type). ties, and use them only for this introduces new documents, and has been edited (“redacted,” in I rapidly print out the Eichmann litigation. I hope to have made upon my protest the Court al- legalese) no less than three disc and methodically search the payment and get them lows me to re-examine on them. back on the Internet within 24 times – by Michael Schmidt, out all relevant references to Among them is the typed tran- hours or more. the cameraman; by Dispatches, Hitler and Führer, which I shall script of the thrice-edited video At 7:19 p.m. Wieland K. phones for Thames TV; and by the De- put to the Judge in a bundle to- anthology: I make vociferous from northern Germany that fence attorneys themselves. morrow. Some half dozen pages. protests about this kind of evi- the German television news The Judge finally rules that he No surprises, I think. dence, to no avail. has just announced that Israel will accept the videos only as a I work again until 3:30 a.m. but it Mr. Rampton produces a letter I “has released the Eichmann- kind of Rogues’ Gallery – as evi- is getting harder. wrote to Dr. Frey and my Mu- Papiere” for a trial going on in dence of whom I am seen with. nich lawyers on Jan. 30, 1991 London; he’s now going to send The problem for the Defence is March 1, 2000 (making over-much of the date, me back my set of original that in most of the videos I am “January 30”) and suggesting Eichmann papers (finally) by not seen in the same shot as (Wednesday) Another month has to Funke that anybody who courier in about nine days, will their target personages like passed, and the trial grinds on. seeks to restore Germany’s old that too late, he asks? Robert Faurisson and Ernst Up at 7:50 a.m., to take Jessica borders is a right-wing extrem- 10:23 p.m. A phone call from M.: Zündel and others. I point this to school. In good time today. ist. I thereupon extract from he says that Radio Four reports absence out, and Judge Gray I sort out ten sets of photographs the witness the concession that my coming “public flogging” on responds that he too has been of German meetings that I am the German Constitution, right-wing extremism. I give waiting to glimpse me in the addressing: the audiences are which he is sworn to uphold, him a rundown of what has re- videos. all quiet and middle-aged – no makes it an express duty of ally happened. I then work un- The Halle video [of Nov. 1991] is skinheads or placards in sight. every German citizen to strive til 3:45 a.m. preparing for the irksome: it has been cut at 10:20 at the High Court. An Is- to restore unification within cross-examination of the Ger- three points of my brief speech, raeli TV team is waiting out- Germany’s old frontiers! man extremism “expert” Prof. as the cameraman moves to side, collars me for a news in- One problem in this little bundle Funke [fee also $200,000]. change his angle, and each time terview. I see out of the corner is the anti-Semitic remark he has lost important parts of of my eye one young yarmul- which Zündel uttered (Juden- the transcript: the first part, February 29, 2000 ka’d thug do a U-turn and fol- pack) at Hagenau. Another where I tell the audience that low me into the building, but he point which Rampton makes they are young, and I am old; (Monday) Up at 7:45 a.m. to take soon vanishes. (though this is more easily and that they are Germany’s Jessica to school. She spreads a The Courtroom is filled with Is- dealt with) is the “portable one- future. Then again as I angrily path of happiness and joy all raeli youngsters and a party of man gas chamber” eye-witness shout at the lunatics in the the way from our front door to French students (or was that statement, which I have ridi- front rank for giving the Hitler the front door of the school. She yesterday?) The Israelis are culed in speech after speech. salute (no doubt having been breaks away and skips and quite boisterous, and one delib- Rampton introduces, against well paid to do so by the many dances the last hundred yards erately barges into me in the my protests, just the fragment international newsreel teams). to the school’s front door. corridor outside. Tough guys! of speech dealing with that. The local stringer from the Süd- To the High Court at 10:30 a.m. Court begins at 10:35 a.m. When I refer in one question to deutsche Zeitung buttonholes After hearing argument from I state that I have printed out the the fact that a city official of me afterwards, and I take him me based on the fact that, ac- complete Eichmann papers, Munich was able to utter a doc- downstairs for a snack. cording to today’s Israeli news- and I hand the Judge the five ument which bans me from the After lunch, I cross-examine Prof. papers and The Washington pages that refer substantively entire “German Reich,” Ramp- Hajo Funke. His German is ex- Post, the Eichmann manuscript to Hitler or Führer. He says ton assumes I have made a cellent, but his English is less is already in the hands of the however that we can not deal Freudian slip; I educate him – so, for expressing complex con- defendants, and therefore dis- with those today; quite right. it was sarcasm, and I had as- cepts. The Judge is interested coverable to me, Judge Gray or- I continue with the cross-exami- sumed that he, as a Master of only in a few names, a dozen or ders Lipstadt’s lawyers to turn nation of Prof. Funke. He Sarcasm, would have under- so of the people I know, and he over to me a complete copy by seems somewhat exhausted, his stand that at once. wants me to cross-examine close of business today; which answers are slow and occasion- Eighty e-mails waiting for me in Funke only on these names. they do on disc at four p.m. ally more muddled than yester- the evening. One of them, from This simplifies matters. This is only hours after they day, and he is noticeably more expert K., comments on the have received the document As I deal with one of the names, irritable, particularly when I transcripts now posted (and from Israel. Judge Gray interrupts, apolo- make mocking reference to the which I am paying heavily for): The Judge obtains an undertak- gises, and says, “Mr. Irving I “consensus of expert opinion” With the exception of Chris ing that I will not use it except am interrupting this time only upon which he repeatedly Browning, the three historical for the trial at this stage; i.e. no to say that these last questions draws as his one basic source, experts all took the tack of posting on the Website. of yours are precisely how a and the “social sciences” which wanting to see every document There is first an exchange on the cross-examination should be he cites as his other, for stating you mentioned all the time, matter of “public domain”. I ar- conducted.” That was nice. that certain people or bodies and to make non-committal an- swers when posed with diffi- gue that the documents, once in Altogether it has been a success- are right-wing extremists. cult questions or new docu- defendants’ custody, have come ful day, with the Judge effec- It is difficult to see how far this ments. 24 ACTION REPORT Jul.20, 2000 I think they were instructed to do this, because: No. 1 It makes the point that “you can’t be trusted” by real historians No. 2 It makes the point that real historians are cautious in The Adolf Eichmann Manu- their judgements. script On Feb. ,  the press However, I think the Defence announces that Israel has released strategy backfires, in a few ways: First . . . it made their ex- Eichmann’s prison memoirs to the perts appear laughably anal- defence attorneys. Judge Gray orders retentive and petty, Second, it them to turn a copy over to Mr. made them appear as though they were stalling, which in Irving immediately. Rampton makes turn made them appear more no use of the costly prize. Mr. Irving ignorant than they probably scans the document that same night are, Third, it prevented them from engaging in any sponta- for key words like Hitler and neous dialogue in which they Führer; he concludes that the might have demonstrated Eichmann memoirs aid his case more their intelligence in quick ex- changes, Fourth, it made them than Lipstadt’s. appear ideologically driven and frankly instructed on how to think, because of their in- ing system has greatly ham- headway with them. local spy for the ADL) has ob- ability to entertain counter- pered my preparation of bun- The fact that he has now tried tained for the defendants, con- notions. dles. As a result, what we got was 4. Since the Eichmann manu- twice to bring them to the tain White power language: you running rings around a script has been placed in the Judge’s attention suggests that Rampton points to the use of group of tightly reined-in his- public domain by Der Spiegel he feels he did not succeed the capital W’s and B’s for White torians. There is no doubt in and other sources, can I be re- first time round. and Black. I point out that The my mind that you bested them lieved of my undertaking? He now brings in the Kinna docu- Daily Telegraph uses the same all. 5. The Halle video... I wish to ment; I agree to all his submis- style. Benté seems to be better these af- make submissions next week on its admissibility. sions on the document, which Some time is spent in the after- ternoons, but not in the morn- do not really damage the posi- noon on little dossiers they ings. . . My worries about her On No. 1, the Judge orders that a tion I have adopted, but I point have compiled: remain, however. disc be provided to me tomor- out that Kinna was a very low- 1. On the Kurt Daluege figures In the evening I host at Duke row at the latest. ly SS rank (a corporal, I say: for Jewish criminality in pre- Street a crowd of journalists – On No 2, he shows little interest: but a check at home reveals Nazi Berlin: figures obtained the Süddeutsche Zeitung, vari- he says he is not at all interest- that Untersturmführer is in fact from the Statistisches Bundes- ous Israelis, ZDF television, ed in the arrest; I point out that second lieutenant), and that his amt do not support Daluege’s, and other media concerns until it was important to establish command of language is per- evidently. I point out that my eight p.m. Jessica decides to that I was telling the truth, and haps not such that one can at- source-footnote references four join in the interviews. The not Prof. Funke, yesterday. tach great significance to the documents or books, not just Eichmann Memoirs have kick- On No. 3, the Judge says it was precise words he used. Daluege (but I must now check started the media interest in between me and the solicitors, Going on to my contacts with the those on returning home). the trial – and tomorrow the but they will no doubt take the “Rogues’ Gallery” of “extrem- 2. On the Goebbels diary entry for public flogging resumes. right steps. ists” he tries to establish be- Dec. 13, 1941: They still want On No.4 the Judge says he agrees yond doubt that I spoke often to to prove that in Moscow in 1992 March 2, 2000 that I should be released from “National Alliance” functions I read his full account of the the undertaking, but that it is and, in 1983 – seventeen years Hitler speech about the Juden- (Thursday) A rather odd day. I difficult to do so as Rampton ago – to the British National frage, and wilfully suppressed work until 3:30 a.m., preparing still objects, having given his Party. The latter turns on a it (“manipulation”). My reply is rebuttal items for the cross-ex- word to the Israelis. He says, document of the British Nation- genuine: (a) I never did read amination today, primarily all rather mysteriously, that the al Movement, whatever that is; that far into the microfiche con- diary entries relating to [–] and Israelis have indicated to him and there is only one function cerned, as my Sunday Times Faurisson, etc., on which I ex- that they have supplied to us a addressed by me described as shopping-list asked only for pect Rampton to feast the version more complete than the “partly a BNP audience”, the Pearl Harbor materials from Court’s eyes. My staff have one released to the public. rest of the audience being ex- that period; (b) even if I had no- worked for weeks distilling On No. 5 the Judge expresses con- plicitly Monday Club [of the ticed that paragraph, I would these extracts from the diaries. cern, asks what is afoot: I say ruling Conservative Party] and not have copied it, as it was At 9:30 a.m. a woman from the two things, the admissibility of other bodies. just the familiar old Hitler OSS (Office for the Supervision the video (in which I do not I don’t think the Judge will make “Phonograph record” about his of Solicitors) telephones about think I will prevail); and the much out of that. The NA link Jan. 30, 1939 prophecy. my Apr. 1998 complaint to conduct of the Defence case, is less tenuous, but hardly 3. On my suggestion that the them, about Mishcon’s breach with fraudulent withholding of more intense: Erich Gliebe, British government “invented” of an undertaking to bring the the videos in April last year. Cleveland organiser of func- the gas chamber story and Halle video to Court. The latter as the parties are tions for me, wrote me one let- broadcast it to Germany as To the High Court at 10:30 a.m. I well aware goes to the issue of ter in 1990 on NA-headed note- propaganda. I must now com- begin by stating five points to costs, which may be relevant. paper, with what turns out to pile a dossier for the Judge of Judge Gray. Later in the day, Judge Gray or- be the NA logo top left (it is like all references in broadcasts and 1. I have repeatedly asked the an inverted CND symbol). other propaganda to Germany Defence, as I am entitled to, for ders that we shall argue the the speeches on disc, to enable latter point, No. 5, on Monday. All his other letters have no such on “gas chamber” propaganda me to search rapidly for the Richard Rampton’s final cross-ex- embellishment however, and from, say, late 1941 on. bleeding morsels which they amination of me resumes apart from a diary entry where HEN SUDDENLY THE CROSS- have torn out of context and around 10:45 a.m., and con- I state that a Tampa, Florida, tossed out of their cage to your examination is over. The noc- cludes at three p.m. He com- function “turns out to have T Lordship. Please now order turnal efforts by myself, and mences by showing a video of been” organised by the local NA them to provide that material. the last weeks, by my staff, part of my speech at Hamilton, officials, even that is a dry 2. I have provided transla- have been for nothing, it seems. tions of the police documents Ontario, including my ridicul- seam, as the printed poster an- We arrange the timetable for the proving that my version of ing of the eye-witness allega- nouncing the meeting makes no events [in Munich] on Apr. 21, closing phases, and I take Terry tion of a portable “one-man gas reference whatever to the NA. 1990 is correct and that Prof. Lloyd’s free taxi home, empty- chamber”, and the reference to The NA leaflets handed out else- Funke’s is not. ing all my files and books out of the ASSHOL organisation.* I where in the meeting room, 3. The Defence are sitting on the Courtroom as I do. several of my videos and ma- don’t think he makes much which a Rebecca Guttman (the terials, which hampers my pre- Michael W. faxes to me the two paratory work for these cross- * “Association of Spurious Survivors of the Holocaust and Other latest articles from the Frank- examinations. Their total de- Liars,” a (fictitious) body to which the likes of Benjamin Wilkormirski furter Allgemeine Zeitung. Both struction of my boxes and fil- and the ADL’s Abraham Foxman are eligible to belong. are horrendously distorted ac- Jul. 20, 2000 ACTION REPORT 25 counts of the trial by Eva Me- nanosecond, pure White). I send this e-mail to my expert K.: The article is, comparatively, not very malicious. He says nasse. She gets (and earns) this Cynicism, thy name is left-wing What I need for the Court that you have the body of a hearing on Monday is evidence e-mail from me: liberal outrage: also known as bear and that the wig of the of the British government or Your two latest articles were “social sciences”; aka “the con- Judge is even more ridiculous BBC broadcasting or rebroad- particularly infamous, even sensus”. than that of the Defence law- casting unfounded (‘invented’) mendacious. The transcripts yer. He quotes an unnamed A Canadian writes this letter to gas-chamber stories to Europe. will prove that, and I hope The Times (using my Website writer who has compared you your newspaper gets to hear of I am half-way there, but want a to a “Wehrmacht general . . . in link) and sends me a copy: that from my friends! The good file to show the Judge. a desperate fight against the Judge has already accepted I have just read your article During the day Benté is better; Jewish–Bolshevik hordes.” that there are absolutely no entitled “Irving ‘was an ally of He refers to Cesarani’s worry proofs for any contacts be- neo-Nazis’” by Michael Hors- takes Jessica to dance school that an “unholy alliance” tween me and Kühnen, Küssel nell. I must say that I am and fetches her at five p.m. I might be formed between you and other radicals. Why have deeply disturbed by this short am still clearing the decks for and “the more honourable you repeated the same lies? article. drafting the closing speech. writers and scholars” who That was particularly nasty. I find it worrisome that you Empty a file drawer. criticise the growing “Holo- If your Minister of Culture only seem to cover this trial caust industry”. Michael Naumann claims I when innuendoes, allegations I don’t like the Judge’s draft out- went bankrupt, that too is a lie: or accusations are made line, and will go my own way, I Sad word comes from Honolulu, I have never been bankrupted against Mr. Irving by the “ex- think. It is important too for from a stranger, that Henry K., in my life. His publishing firm perts” arrayed by the defend- the sake of the media coverage. who was one of my most gener- [Rowohlt] did not publish the ants. You never seem to report I end up working until 2:30 a.m. ous protagonists, has died: book [CHURCHILL’S WAR, vol. i] Mr. Irving’s answers to these because his work-force threat- accusations, why is this? again. [He] died about midnight ened to go on strike (ask Dr I find it even more unsettling Honolulu time on Mar. 4th. He Herbert Fleissner of Langen- since the whole trial is about was a great admirer and a sup- müller Verlag, he knows the Mr. Irving defending himself March 5, 2000 porter of you and your cause facts). The committal to a Lon- against what he says are unjus- so I thought you may want to don prison was for contempt of tified accusations. (Sunday) Benté is very sick this know of his passing. His death morning, so Papa is wakened at is considered a great loss as an court. A long phone call from a Dutch Why do you let people lie to 8:45 a.m to do party duty for intellectual and a wonderful television show researcher. friend. you like that? I did tell you Jessica. “Now is the time for all This message goes at midday to His friends numbered in the which Website page to look at. good men,” ... etc.! Taxi to In the circumstances I see no The Gang: thousands around the globe. need to respond to your query, Streatham Place and back; Jes- Henry introduced me to a 1. Yesterday the Judge in the sica chats all the way to the number of your books which I but I do: (a) the last court day libel action, at the end of the will be Monday, just two hours driver, a stranger, happily as- have read with great joy and evidence phase, presented us interest with the first one be- early; (b) nothing then until with a list of the issues to be suming that he knows Grace Mar. 13 [15], when there are ing THE WAR BETWEEN THE examined and addressed in and Mackenzie and all her oth- GENERALS. This book I could closing speeches. Try to report closing speeches, which will be things honestly this time. er little schoolfriends. hardly put down until I fin- delivered Mar. 13 [15]. . . The I sink my teeth into drafting the ished reading it because I was more brains that work on the An hour’s work tonight only. speech, from memory: the way so impressed with your re- Wrong, I work finally until closing speech, the better. . . search and writing skills. 2. A well wisher has sent me any such œuvre should be ini- close to two a.m. again. I followed that up with the following extract (BELOW*) tially drafted. I’ll decorate it HITLER’S WAR, GÖRING and from a speech by [Chaim] with documents later. then GOEBBELS. All masterfully March 3, 2000 Weizmann allegedly delivered Michael Mills e-mails a query done. One day I would very on Dec. 8, 1942. The relevance from Australia, and I respond: much like to attend one of your (Friday) I take Jessica to school. seems clear, but I must be sure speeches in the USA. The bright little spark arrives it is authentic and not taken I can put whatever I want in It is a blessing for me that he at the bus-stop with me minus out of context, I need the origi- my closing speech, and having referred me to your writings. nal English text. studied them I am rather hor- hat, scarf, and satchel. We have We are now into the final rified at how restricted the I send this message at once to to retrace our steps to get them. stretch, and it is going to be up- Judge’s proposals are; they Henry’s widow: Normally she’s not forgetful. hill all the way. seem to betray his own floun- Dear U. – Words cannot ex- Today’s press inevitably covers dering, I think. press the sorrow I feel at hear- Rampton’s closing cross-exami- PHONE MARK BATEMAN AT Please put all your points to ing the sad news of Henry’s Davenport, Lyons to clarify me, they will not waste my passing. I had been thinking of nation of me heavily, almost I time. We cannot go into too what will happen on Mar. 13, him all day, and wondering every newspaper quoting exten- much detail, except on “killer”- whether I ought to phone him sively from my speech in On- as I am not clear from Judge items like the “holes in the Cre- this weekend to find out how tario. Gray’s words: Are our closing matorium II roof”. Otherwise he was. You must be very sad. I shall make mention of this [im- speeches being taken as writ- I will trespass on his patience. I do hope he was not in pain balance] in my closing speech; ten, or will they be read out? A Scandinavian sends me this toward the end. I wish I could He says Mr. Rampton is equally message: come to the memorial, but I am tonight, J. [secretary] will do up to my neck with the great the statistics on the coverage. unclear. It seems the Judge will Kurt Mälarstedt has now re- trial in London. . . Please let me have questions to ask, on our ported in Dagens Nyheter (the know, when you feel able, how AM SURE IT IS ENTIRELY COIN- statements (when?). We will morning newspaper with the he was these last few weeks. largest circulation in Sweden): cidental. Just as it was yester- clarify things on Monday. I The title is: THE MAN WHO DE- It must have been telepathy. day morning, that there was Davenport have sent a disc of NIES THE HOLOCAUST one Afro-Caribbean face sitting speeches, but it is not what was Mostly standard stuff but at among the ranks of the law- ordered – the whole contents of least he tries to quote some of March 6, 2000 yers, for the first time in two the transcripts, which I need. your own words as he under- stood them. (Monday) Until one a.m. I watch months, during my cross-exam- Sample excerpt: the raw, unedited video of the ination; he disappeared as soon March 4, 2000 [Mr. Irving] repudiated the Nov. 1991 Halle function again. as it ended! allegations that he is an anti- Up at 7:50 a.m. to take Jessica to No doubt he was on stand-by in (Saturday) Weird dreams during Semite and a racist. He dis- school. Take a No. 15 bus to case I was tempted to repeat the night. More contributions missed “lazy historians who, at Fleet Street and the Law best, invent proofs of generally my (Judge Gray: “Unhelpful”) this morning, around $1,500. I Courts. A large crowd is waiting remarks about the ethnic send a reader’s letter to Frank- embraced theories” (about the Holocaust and the Auschwitz patiently outside, though I make-up of the Defence team furter Allgemeine Zeitung, re gas chambers implied) – his warn them we shall be finished (which had been, until that the Rowohlt episode. comment, not mine. in less than an hour. Adolf Eichmann, the leader * From the speech of Chaim Weizmann, president of the World Lady R. is there; she incidentally [sic!] of the Nazi German exter- tells me that there was not just Jewish Congress, in New York (translated from the German): “We mination programme against don’t deny, we’re not frightened to admit, the truth that this war is our Jews, was “a little snake of a one Black man sitting among war, and it is being fought for the liberation of Jewry. What we say is man”. the defendants’ team on Thurs- that without us an Allied victory would be unthinkable. Our front, the Eichmann was, Irving said, day morning, but a Black fe- Jewish front, is stronger that all the other fronts together. We are not “very good at being servile, an male too – the defendants de- only providing our wholehearted financial support for this war. We interesting example of German siring no doubt to be doubly ensure victory primarily by our weakening of the enemy forces, by the nature [ambiguous, could also correct. But only during the destruction of their powers of resistance, from within their own mean ‘the German species’], an country, from inside their own fortress. And we are the Trojan Horse example of German mentality... “danger period” when Rampton in the enemy fortress. Thousands of Jews living in Europe today are such people are highly danger- was criticising me for racism – the main factor in the destruction of the enemy.” ous”. they both then vanished. Der 26 ACTION REPORT Jul.20, 2000 ten, or may yet write, will de- that they were unable to prove flect Your Lordship from arriv- wilful fraud, in effect, they have ing at a just conclusion. fallen back on the alternative The full -page text plea in the tort of negligence:    . ,  is published separately that “Mr Irving ought to have     -  ,    by Focal Point Publi- known.” I respectfully submit      cations with illustra- be aware that from the M that this unsubtle change of     tions; it is on the Inter- very outset I argued that this Defence should not have been .     net at www.fpp.co.uk hearing should not, effectively, . /docs/trial/closing allowed to them, as it was not leave the four walls of my study, pleaded at the outset. where I wrote my books; and          that what happened fifty or sixty If my submission on the law being, as an historian of integrity, and – thanks to years ago was of less moment to is, however, wrong then Your “T the remarks made by Mr Rampton – as a father. The the issues as pleaded. Lordship must ask what effort would have been reasonable on Defendants are saying, and have convinced many people, that The matter at issue, as pleaded the part of an historian, acting I am not entitled to continue to earn a living in the way that I by the Defendants, is not what without institutional support have earned it for nearly forty years. happened, but what I knew of like that of Yad Vashem, and He will have a choice: accept it, and what I made of it, at the A Judgment in my favour is with the doors of archives in- the official version holus-bolus; time I put pen to paper. no more than a Judgment that creasing being slammed against or stop being an historian. disputed points which I have To take a crude example: ne- him. made about some aspects of the A Judgment in my favour does glecting to use the Eichmann These Defendants have spent narrative are not so absurd, not mean that the Holocaust memoirs, released to us only a reportedly some Six Million dol- given the evidence, as to dis- never happened; it means only few days ago, had they con- lars, and twenty man-years or qualify me from the ranks of that in England today discus- tained startling revelations – more, in researching this case: historians. Under the laws of sion is still permitted. My oppo- which they did not — could not this blinding and expensive spot- defamation in this country, it nents would still be able, just as have been held against me be- light has been focused on the could not be any thing else, and now, to produce other docu- cause they were not available to narrowest of issues, yet still it nor must the Defence team, no ments if they can; to expound me in the 1960s, 70s or 80s. matter how powerful, or mon- has generated more noise than alternative interpretations. They Your Lordship took a differ- eyed, or eloquent, or numer- illumination. would be as free as ever to de- ent view, and I respectfully sub- ous, be allowed by their tactics clare that they think I am wrong. mit that it was wrong. The De- I heard the expert witnesses to skew it in any other way. They would be impeded in fendants have invested a size- who were paraded before us use I may add that the points I one way only: they would not be able fortune in re-researching phrases like the “consensus of have made do not necessarily able to say in a loud and au- the Holocaust, and possibly for expert opinion” as their source lessen the horror or the burden thoritative voice that I am not that reason alone we have all so often – in fact the word con- of guilt. I always have accepted an historian, and that my books been dragged through that vast sensus occurs so far no fewer that Adolf Hitler, as head of must be banned. As a result of and inhuman tragedy yet again, than forty times in the daily state and government, was re- my work (and of this case) the and quite needlessly. transcripts of this trial – that I sponsible for the Holocaust. I began to wonder what archives Holocaust has been researched It would have sufficed for their said in the Introduction to my were for. more. Those who (rightly) be- purposes if they could have biography ’ : lieve that these crimes should proved, on the basis of the total I suggest that these experts If this biography were simply a never be forgotten should ask disclosure of my files which I were more expert in reporting history of the rise and fall of Hit- whether their case is better made to them and their experts, each other’s opinions, and those ler’s Reich, it would be legitimate of people who agree with them, to conclude: “Hitler killed the served by a compulsory – and that I had indeed “distorted, mis- Jews”.1 dead – text imposed by law and stated, misquoted, and falsified.” than in what the archives actu- intimidation, or by a live and ally do – and do not – contain. Fearing or finding however But my years of investigation on-going discussion. suggested that many others were responsible, that the chain of responsibility was not as clear      cut as that. Nothing that I have A cautionary statistic: not in- he phrase “Holocaust De Professor Hajo Funke relies for cluding the fuss about the heard in this Court since Jan. 11 Tnier”, which the Second his certainty as to what is right- has persuaded me that I was Eichmann manuscript, the Brit- Defendant boasts of having in- wing extremism – we seem to ish press published no fewer wrong on this account. vented, is an Orwellian stigma. hear more than a vague echo of These latter points lead to than 167 reports during the It is not a very helpful phrase. It Orwellian Newspeak – a lan- seven days that I was on the another consideration. Your does not diminish or extend guage that moulds minds, and Lordship will have heard of the witness stand, that is 24 per thought or knowledge on this destroys reputations and liveli- day; but just fifty-eight reports – largely successful – effort to tragic subject. Its universal hoods. drive me out of business as an during the twenty days when adoption within the space of a the boot was on the other foot Orwell was wrong in one historian. This Court has seen few years by media, government point: he thought it would take the timidity with which histori- and I was cross-examining Mr and even academics seems to Rampton’s witnesses, that is the forces of the State to impose ans have already been fraught indicate something of the inter- roughly three per day. Newspeak: Professor Lipstadt once the Holocaust is ques- national endeavour of which I and her reckless publishers Pen- tioned: One notable historian, That is a disparity of some shall make later mention. guin Books Ltd – I shall justify ordered by summons to attend, eight to one against me. Your It is in my submission a key to that adjective shortly – have [Sir John Keegan] showed him- Lordship will perhaps have ob- the whole case. Perhaps this sought to impose it through the self reluctant even to confirm served that the reporting in both Court should raise its gaze from machinery of the literary and what he had written in my fa- cases is almost exclusively de- the red and blue files and bun- media establishments. vour, repeatedly, over the last voted to the Defence statements, dles for a brief moment, and re- Only the Royal Courts or Jus- twenty years. or their questions to me, and read George Orwell’s brief ap- not to the product of the exami- tice, independent and proud, A Judgment rendered against pendix to “1984” which seems can protect the rights of the me will make this paralysis in nation. The Court however op- to be very relevant to this case. erates by different standards, individual from now on. And the writing of history definitive; From the witness box, with those rights include the right, as from then on, no-one will dare and it will not allow public sen- timent to guide its verdict. its revelations of the “consen- Lord Justice Sedley recently put to discuss who exactly was in- sus of opinion”, “moral cer- it in another Court in this same volved in each stage of the Holo- I believe it was Sir Winston tainty,” and the mass male-voice building, of any person to hold Churchill who once said, “There caust, or how extensive it was. choir of the “social sciences” or to, and to preach, unpopular From then, on discussion will is no such thing as public opin- “social scientists” – on which views, perhaps even views that ion, there is only published opin- revolve around “safe” subjects the Defendants’ German expert many might find repellent.2 – sacred texts in the Middle ion.” Given such a baleful glare Ages, or Marx in the old USSR, from the press gallery, My Lord, or the Koran in a fundamental- I am glad that Her Majesty has 1 ’ ,  edition, at page . ist state today. Every historian such a resolute officer presiding 2 The Daily Telegraph, Jul. , :“     , will know that his critique needs over this case. The outcome is  .” Citing Socrates and two famous Quakers, William to stop sharply at boundaries in your hands, and in yours Penn and William Mead, Lord Justice Sedley said: “The irritating, the alone, and I am confident that contentious, the eccentric, the heretical, the unwelcome, and provocative defined by certain authorities. have a right to be heard.” nothing that the Press has writ- Jul. 20, 2000 ACTION REPORT 27 Mohr hat seine Schuldigkeit taking was broken (on that, a writer after this three-year who aggravates me all after- getan und kann gehen. – Schill- opinions will differ: it was given hiatus. noon. Ditto, ditto. er, I think: The Blackamoor has by them in writing!); and that Calls from Der Spiegel and Daily Benté hardly shows herself . . . to- done his bit and now away with the videos concerned were priv- Telegraph, arranging next day she is deathly pale and him. ileged, which privilege they week’s festivities. grim-faced. I work solidly all [An erudite reader tells me it’s from waived at the time. Work on the closing speech, and day on the speech; I complete Friedrich Schiller, Die Verschwor- Showing that he is nobody’s fool, on Bundle E (“Global”) all day. exploiting Bundle “E”, “Global”. tung des Fiesko. Mentioned in Mein the Judge does now express cu- Difficult to tie all the strands The question is, how much of it Kampf, chapter 11, Nation & Race.] riosity on the “broken under- together. Time is going to be will Judge Gray allow, or even I have four points or so and put taking” and asks, razor-sharp, pressing. pay any attention to? Perhaps I them to the Court. First, I ex- “How long did you claim that ought to weed it out. I take Jes- press formal thanks to the two the privilege existed?” March 8, 2000 sica to Garfunkel’s for supper: law firms acting for the defend- “Two days,” admits Julius. in her glossary, “supper” is just ants, since I recognise the extra That shows, I think, that Judge (Wednesday) Thirty e-mails when a large chocolate ice cream. burden placed on them by a liti- Gray has got the point on that. I get up: but the tide is reced- gant acting in person. Rampton Mr. Rampton confirms that as ing. Posner phones, will come March 10, 2000 immediately comments on “Mr. for the American extremists, he on Saturday at three. Predic- Irving’s sycophantic remarks” is jettisoning the whole of his tions multiply in the foreign (Friday) Work until two a.m.; up about his instructing solicitors Bundle “C” except for the re- newspapers, by friend and foe, at eight. Jessica is in tears this – and adds his own words of port by Rebecca Guttman. that I cannot win the action. morning, as it seems unlikely thanks to the lady Court Usher. Since Guttman herself says My final speech is taking that her mother will be able to Second, I provide the full diary there was no sign that the Tam- shape. How long to make it? attend the School Play at 2:30 entry for Jul. 25, 1998, which I pa meeting was National Alli- 3:53 p.m. I phone Dr. Howard B p.m. this afternoon. I say that previously redacted: the full en- ance, and the leaflet she re- Gotlieb at Boston University, Mummy is very ill, but I will try shows no reference to the ceived does not even mention Special Collections, who wrote try and persuade her to come. National Alliance (NA), which the NA, it is an interesting to me 10 or 15 years ago, want- I take her to school as usual. I they had suspected I excised. choice. ing to acquire my papers. (I find on my return a blizzard of Third, I produce a small file on persuaded him to buy the Tyler foreign currency has come in AMPTON ASKS IF PROVISION the “gas-chamber” broadcasts Gatewood Kent papers last the mails over the last few days can be made for more seating made by Thomas Mann, Ger- R year.) I say: The time is now ap- – Belgian, French, German, on the last days as people are many’s own “Lord Haw-Haw”, proaching. He too is following Australian, Canadian, etc. A coming from all over the world. in 1941 and early 1942, as re- the trial, and asks if I am opti- sad last letter too from Hawaii, The final timetable is agreed: quested by the Court on Thurs- mistic. I say: fifty-fifty. Which is just four or five typed lines of Monday Mar. 13, and Tuesday, day. not much. “It depends on farewell, and a very shaky Judge to ask questions on the I then touch upon the defendants’ whether Judge Gray is ready to “Henry” signing at the end, be- draft speeches. fraudulent concealment last commit professional suicide”, so fore this old submariner sub- Wednesday, Mar. 15, closing April of their uncut video of the I say. merges for his final dive. speeches: Rampton to kick off, Halle speech, Nov. 9, 1991. Gottlieb says I should write and I am sad that I did not see him reading a summary of his There are three issues, I sug- tell him what “my expectations” again after last April in Seattle. speech, followed by me – as gest: admissibility, conduct of are. Without his aid, I could not Plaintiff, I get the litigant’s case, and damages. George S. phones, would I like a have done what I am doing. equivalent of the jus primæ Judge Gray says that this is not coffee? I say yes; he rings the 11:42 a.m. Davenport, Lyons’ noctis, the right to the last the place to make representa- doorbell seconds later, stays Mark Bateman phones: they word. tions on the defendants’ con- two hours, and makes useful have had a word with Counsel, I declare that I shall not slavishly duct of the case or damages, comments on the speech argu- they are running late with their follow the listed Issues as draft- but I may do so purely on the ments. scripts (as indeed am I); they ed by the Judge, and that I admissibility of the video in evi- M. comes round at eight p.m. and propose that we hand them in shall read out my speech with dence. That limits my submis- works three hours analysing on Monday, Judge Gray can suitable omissions, rather than sions sharply. the UK press clippings; ignor- read them that day and ask his writing a separate summary. He says most helpfully, “What ing the Eichmann and routine questions on Tuesday. Finally, Rampton asks that if I you are, presumably, going to items, the tally so far is – 58 That means no sitting on Monday, am to be given the Judgment say is that the way in which the while I was cross-examining which suits me. one day ahead of the public defendants have dealt with this them, i.e., about twenty days The Independent publishes on reading, as is the custom, I material is an illustration of out of 30), against 167 while Mar. 4 a vicious and libellous should give an undertaking of the high-handed and the offen- they had me on the witness article about the trial. secrecy; to which I agree. sive way in which they have stand (for only seven days). Back to the Duke Street flat at conducted their case gener- Comment is superfluous. T 2:30 P.M. TO THE STEINER 11:30 a.m. Rebecca Wallerstein- ally?” The reporting in both cases is Theatre for the school play, er says she was with Dr. Tom A I reply that I was not going to use moreover almost exclusively de- The Jungle Book. Jessica is one Stuttaford in Court today and a those precise adjectives, but voted to the defendants’ state- of six crocodiles. Tears of joy few days ago when I was cross- that I shall certainly now ap- ments, and their questions of trickle down my cheeks in the examining Van Pelt. Stuttaford propriate them and make the me, and not to the product of darkness of the auditorium. feels that I am “schizo-typed” – relevant submissions in my the examination. What happiness a family but that’s not bad, she assures closing speech. brings, and what sorrows too. me. The Judge has also grasped the March 9, 2000 M. comes; we have supper at a point that this video on which restaurant, he and I, and he the defendants rely has some March 7, 2000 (Thursday) Fifty-nine e-mails stays until one a.m.; reading the first draft of the speech, abrupt cuts in the images and (Tuesday) Work until one a.m. come in overnight, including sound, as filmed by the camera- this from Henry’s widow: making comments, and then re- Phone call from Wiesbaden, the viewing the videos with me man (the left-wing Bavarian Frankfurter Rundschau has a Henry died very peacefully police Spitzel Michael Schmidt) . . . he finally gave up to fight (Halle, etc.). I have timed the major article today on the trial; Halle speech extracts: 3·5 min- – “He only filmed what inter- I remark that this newspaper is back. He died in his sleep. The funeral takes place on Monday utes or so. They are hair-rais- ested him,” Gray points out to left-wing, so it will hardly be a the Defence, inquiringly. at 1:30 pm at Diamond Head ing stuff – as edited, anyway. pæan. He confirms that. Cemetery where we found a I shall do further homework on 10:35–46 a.m. a long call from M. lovely spot in a gardenlike that item for the final speech. He’ll come tomorrow to analyse area. . . I wish you good luck March 11, 2000 Mr. Rampton now says that since the press coverage. for the outcome of your trial, which we follow with interest. (Saturday) Benté is unfortunately I have made remarks in open Gerald Posner wants to interview very sick this morning. . . Jessi- Court about a “broken under- me for Talk magazine, New New York Post yesterday and Af- ca is very depressed by it. She taking”, their Mr. Anthony Ju- York. I reply: tenposten today publish articles lius, who is familiar with the on the case. says Mummy talked to her all I am really busy writing the night and kept her awake. Lat- affair (Apr. 1999) will address closing speech. . . I shall not be R. comes round at lunchtime; the Court. giving ANY interviews after it, what does she want? A bit er, she says that Mummy asked Julius says flatly that no under- as I must resume my career as flakey. A bit?, no, a lot. Then W., her to keep her fingers crossed 28 ACTION REPORT Jul.20, 2000 for her all night. Jessica has to me, a couple of years ago, by I express surprise that Dersho- night, so must go. . . done as asked, and hopes it an acquaintance in Winnie’s witz is facing me, as I did not An American Prospect fact-check- Bar on Crescent Street, I bet does the trick, and that Mum- $2,000 on a gold stock that was know that – not that I mind; I er phones, editing a scummy my gets better again. selling for $4 at the time. Last rather relish it, given what we article. I correct their wrong The Toronto Globe & Mail has time I looked, it was worth 83 know of his links with the tra- facts, but can’t correct their au- published my letter about Mr. cents. ditional enemies of free speech. thor’s wrongheadedness. Churchill’s brave nights on the That phrase comes up, as he ac- roof at No. 10 Downing Street; March 12, 2000 cuses me of trampling on Lip- no doubt the usual people will stadt’s right to free speech, us- March 15, 2000 be annoyed. (Sunday) I work all day on the ing the British Courts. (Wednesday) Closing-speeches I take Jessica to the Ballet School closing speech; gradually filling What chutzpah! What hypocrisy! day. At the Courthouse at 10:10 in Harley Street; I send the cab the gaps. Hurrah: Benté is bet- Given that he and his pals at a.m., with a box of twenty-five driver out to ring their bell, ter this afternoon, and we sit in the ADL have done all they can Xerox copies of my 104-page while I slump down out of sight the sunshine in Grosvenor for thirty years to destroy me, speech to distribute to the me- inside the cab! Square for a while with Jessica, and have terrorised all my US dia. A dozen press and TV cam- Gerald Posner comes at three: a immensely proud, just like old publishers; and that La Lip- eramen prowl outside the main shrewd, ostensibly friendly, times. I am hoping to persuade stadt refuses to debate with me entrance. I ham it up for them, winning-ways young man (who her to come to Court for the fi- or any other opponents, as a tucking Gatley on Libel and has a twenty-year old son, nale on Wednesday. savvy means of silencing us. Slander under my arm etc. though). An expert on my old Jessica asks me during the after- He splutters that he was one of As I cross the great entrance hall, friend Ladislas Farago, and on noon, “What is DNA, daddy?” I those who championed me in a Court reporter from another the John F Kennedy assassina- tell her in general terms (al- the St. Martin’s Press ruckus in trial trots after me, all flus- tion. A bit too keen to impress though my precise knowledge Apr. 1996. If he did, he did it at tered, and she says that all the me with how favourable he is to fails at the word after “deoxyri- an amplitude of one decibel: Court reporters in the building my case, so I suspect he is do- bonucleic”). Neither I, nor the rest of the are solidly behind me. ing a clever hatchet job. 6:38 p.m. a long phone call from world, heard him. “You are putting up a fight for a Five p.m. I have to collect Jessica, Gerhard Frey Jr. . . He gives When he spouts this nonsense, I lot of people who think just the as Benté is in a bad way all me the phone number of ask him where he was when same as you,” she says. day. This time I have to march Gudrun Burwitz (daughter of “your friends” at the ADL were From her further remarks, before right into the Ballet School to Heinrich Himmler); I am in- destroying my right to free I outpace her, I take it that she collect her. Nobody glares, per- tending to write a Himmler bi- speech. finds the Holocaust propaganda haps the wolves are away. Or ography one day, I reveal – I Dershowitz denies that the ADL campaign endlessly boring. perhaps the phone will ring to- have been gathering files and are his friends – which is fool- Courtroom No. 73 is packed to morrow. . . photographs for some time. ish, because I say at once that I overflowing, and a hundred Jessica crayons a card for Mum- have read what Noam Chom- people are still lining up out- my: PLEASE GET WELL SOON, March 13, 2000 sky has to write in his memoirs side. I spy many famous faces – LOVE AND KISSES. We buy pro- about the day that he was acci- (Monday) Finally to bed at 2:15 I see Stuttaford of The Times visions in Selfridges, and she dentally sent the ADL smear- a.m., and up at eight a.m. again, and his p.a., my interest- insists on adding a bunch of dossier on him, when it was When Jessica, now all of six, is ing friend Rebecca Wallerstein- flowers for Mummy. But Benté meant for Dershowitz to use about to be cheeky, she cocks er; there is Chief Rabbi Hugh is not well enough to appreciate against him in a public debate. her head slightly on one side Gryn’s daughter too. anything today. It is deeply A viewer later e-mails to me that and looks at me with a trace of On the way in I chat with Neal worrying for us all. he has never seen Dershowitz insolence; it is irresistible. Ascherson of The Observer; I 11:17 p.m. I phone George S. He so angry and confused. I call her “Daddy’s favourite baby” say I am going to mention him is drafting something based on Afterwards the producer asks me this morning, as she’s putting in my speech, and his 1981 re- the introduction to HITLER’S if I’ll go on with them again, on her coat for school. She view of UPRISING (“A Bucketful WAR (1991 edition). I say, and I say: Glad to. ¡Vamos a frowns, and says I shouldn’t of Slime”), but when the time “Three pages maximum, and ver!, however. call a “grown girl” a baby. comes I generously skip that keyed in to the right pages!” I joke: “When you get older, and a paragraph and carry on. This e-mail to Harold S., of Los March 14, 2000 man falls in love with you, he’ll The Usher is dashing around in Angeles: call you ‘Baby,’ and you’ll like (Tuesday) Apologies by e-mail her black robe clucking like a A seat is earmarked for you. that.” She smiles faintly, then chicken, marshalling people If you’re staying at the Char- from Court TV for Dershowitz’s ing Cross Hotel, it is about one turns pink, and says, “You ill-mannered outbursts: “Mr. Ir- into the public and press galler- mile from the Courthouse on mustn’t embarrass people like ving, I want to apologise sin- ies. “One more seat here – No the same street. If you want to that. It’s wrong.” cerely for that interview. I do Sir, that’s a press seat – That’s make sure of getting in, come I resume work on the final not ambush my guests and I as- all, I’m afraid.” The House Full here first. . . speech; long way to go. Proba- sign goes up, the doors are Make sure you identify your- sure you that I believed Der- self to the Usher, a dark haired bly just as well, as the main showitz would be a tempered locked. Then “Silence. All rise!” woman in black gown who points have been covered, and I supporter of your efforts. The and the Judge comes in. guards the entry door to the should not let it get bogged ‘crackpot’ comments were out of Rampton’s speech is short, and as Courtroom. And yes, we’ll en- down in detail. line and frankly immature. predictable as Adolf Hitler’s joy having some meals with At 10:14 a.m. James Libson of (“my prophesy in 1939 about you when here. Best of luck”. Mishcon de Reya [Lipstadt’s at- A Mark Louttit admonishes me the Jews”) Phonograph-record. torneys] phones, they will send however, also by e-mail: I spend the hour ignoring him ORDECHAI RICHLER, A TRU- Rampton’s speech round now. I with all but half an ear, and ly funny humorist, writes in I must also say that you M say I am still working on mine. looked a bit disheveled (loose trimming down my own speech part in a National Post article A friendly enough discussion of tie, no coat) on the program. . . in line with the Judge’s hints today in Toronto: formalities for tomorrow – clos- One should always endeavor to expressed yesterday. . . . Also in the loopy U.K., ing speeches day. It is all very be telegenic these days, I’m Rampton brings in all the facts I David Irving, celebrated vic- afraid. This is the first time gentlemanly. What Matters is that I have ever seen Mr. Der- have predicted, which makes tim of an international Jewish How You Play the Game. my own prepared response conspiracy, recently made nice showitz react emotionally on in Court, allowing that my peo- Six p.m. to an address in Soho for television. You certainly push- even more of, well, a response. ple were “a clever race. I would a radio broadcast by satellite to ed the right buttons. Frankly, Mr. Justice Gray asks him a few say that as a race they are bet- the USA: it turns out to be, not I don’t know if your ideas are questions, bitingly inquiring crackpot or not. . . ter at making money than I am. radio, but television, Court TV, about the point or relevance of I would say that not only are live – what fun; at the other Of course, I hadn’t realised it was some of his statements, then in- they better at making money, going to be a television broad- but they are greedy.” end I hear the notorious trial vites me to begin. Bolstering his case, in July, lawyer Alan Dershowitz, who cast. He gets this reply: At this, to show who is in com- 1997, he wrote in A Radical’s got the alleged wife-murderer “Dishevelled”: I was on a hec- mand, I propose that the Court Diary: ‘They clamour Ours! (poison of preference: insulin) tic schedule, writing that final adjourn for five minutes: an op- Ours! when hoards of gold are Claus von Bülow off the hook. speech, and had to fit in Court tical device, but necessary. Be- uncovered.’ TV at the last moment. Dersho- Relax, David, not any more, Not that the Americans use hooks witz was a bad boy. Should sides, I am sure that this Judge at least in the case of this Jew. – that was just the Nazis; the have let me answer more. has liquid sustenance in his Reacting to a hot tip passed on Americans use poison gas. Got only two hours’ sleep last room, and my coming speech Jul. 20, 2000 ACTION REPORT 29 will after all last five hours. David Irving “has many of the qualities of the most ive minutes later, we resume. creative historians. He is certainly never dull. Prof FMy “bridging-the-gap” intro- Lipstadt, by contrast, seems as dull as only the self- duction (that is, setting up a righteously politically correct can be. Few other histori- spark between myself and the ans had ever heard of her before this case. Most will not audience) is World War I. want to hear from her again. Mr. Irving, if he will only “It is rather like going over the learn from this case, still has much that is interesting to top at Gallipoli, my Lord,” I murmur. “My father was there tell us.” – Sir J K, The Daily Telegraph – he was at Gallipoli.” Aboard was answer Mr. Irving’s questions. They were about one of the bombarding British The Daily Telegraph my opinion of him as a historian. He had quotations battleships, so he probably had from favourable reviews of his work I had written. it rather cushier than the gren- Could such opinions, he asked, in effect, be consist- adiers who were ashore, that is The trial of David Irving – ent with the contrary opinions of other historians? true. But he was at Jutland Fortunately, I did not have to give my opinion of also the next year, in May 1916, and my part in his downfall Prof Lipstadt’s work. I had praised, and would and that was no picnic either. praise again, I said, Irving’s extraordinary ability to Once or twice I break away from describe and analyse Hitler’s conduct of military By John Keegan operations, which was his main occupation during the prepared text – once, men- Defence Editor the Second World War. That did not imply en- tioning Prof. Evans, to assure dorsement of Irving’s view that Hitler did not the Court that I bear him no “know” about the Holocaust until October 1943. personal animus; but he still THE news that David Irving has lost his libel case That view was “perverse”, I said. gets a well-deserved mention will send a tremor through the community of 20th- century historians. What did I mean? I meant, I said, that it defied when the time comes. reason, or common sense. Would it not, however, And once I pause, when we come For more than a year now, the gossip between them be the most extraordinary historical revelation of has been about whether he would lose or not, a to the figures, to say: the war, Irving asked, if it could be shown that he subject on which all hedged bets. “It depends [Hitler] did not know about the Holocaust? This . . . these figures seem appall- whether the judge goes for Holocaust denial or slurs was a very curious moment. I suddenly recognised ing figures but, if it is one mil- on his reputation”, was the general view. “If the first that Irving believed that Hitler’s ignorance could be lion or 300,000 or whatever the he’ll lose, if the second he might get away with it.” demonstrated. figure is, each of them means that many multiples of one in- What this insider talk meant was that Mr. Irving I stepped down but stayed to watch the rest of the dividual. might well persuade the judge of the unfairness of morning’s proceedings. Mr. Irving’s performance I never forget in anything I Professor Lipstadt’s accusations of his bad histori- was very impressive. He is a large, strong, hand- have said or written or done cal method. That was what he cared about and he some man, excellently dressed, with the appear- the appalling suffering that would no doubt argue his case well. ance of a leading QC. He performs as well as a QC has been inflicted on people in As the trial date drew nearer, talk turned to the also, asking, in a firm but courteous voice, precise the camps like Auschwitz. question of who had been asked to give evidence. questions which demonstrate his detailed knowl- I am on the side of the Inno- Eventually I was. I – like others I knew – declined. edge of an enormous body of material. cents of this world. Earlier experiences had persuaded me that nothing There it was all around us, hundreds of box files When I refer to a press report in but trouble comes of taking sides over Irving. De- holding thousands of pages telling in millions of The Jewish Chronicle, I half cide against him, and his associates accuse one of words what had been done and suffered in Hitler’s turn to the press gallery and prejudice. On this occasion I was accused of cow- Europe. Irving knows the material paragraph by ardice. utter unscripted words of com- paragraph. His skill as an archivist cannot be con- mendation for that newspaper Refusal did not get me off the hook. Last autumn, tested. Mr. Irving told me he intended to subpoena me and He has, in short, many of the qualities of the most which has consistently pro- in January the summons appeared. To it was at- duced the best U.K. reporting creative historians. He is certainly never dull. Prof tached a cheque for £50, thus making it an enforce- Lipstadt, by contrast, seems as dull as only the self- on the trial. able court instrument. I had to appear, like it or not. righteously politically correct can be. Few other As I say that no doubt Prof. In practice, the appearance was painless. Mr. Irving historians had ever heard of her before this case. Evans has been gathering some very decently gave me the chance at the outset to Most will not want to hear from her again. Mr. “interesting comments” from state that I was not present willingly. He allowed me Irving, if he will only learn from this case, still has his colleagues in the Common to explain why, without interruption. All I had to do much that is interesting to tell us. Room at Cambridge, there is a Sir John’s courageous article (from which the above is extracted) appeared on Apr. ,  – the morning the ripple of laughter around the London press was filled with Judge Gray’s extraordinary verdict. It was reprinted in newspapers around the Courtroom. world including La Stampa (Italy), National Post (Canada), Le Monde (France). It caused outrage elsewhere. [I have since heard that his depar- ture for Cambridge from the Uni- that his team’s sotto voce “over- She flashes a meltdown smile and time. versity of East Anglia was greeted reactions” to my speech are un- says she is glad to have helped. This is my message to The Gang: with loud cheers.] desirable. That is the only unsettling thing Gentlemen – Today was the There are many, many unknown I finish exactly on time after five about today: that Mishcon’s day of closing speeches. The friends in Court this day, as the hours, at 4:30 p.m. staff, who have been brought in Courtroom was packed with response to much of what I say Then it is all over: the drama, the to the Courtroom as a treat, are 200, standing-room only round makes clear. the walls, around 70 journal- stress, the strain, the sleepless in such corporate good humour. ists from all over the world; I Each time I deliver a homily on nights. For a while the Judge The press pack are waiting in the handed out 25 copies of my the meaning of German words addresses legal matters; Ramp- Strand as I emerge. It is a pity speech and nearly had my like “Schrecken” or “als Parti- ton asks if we can have a Benté is still so ill. She would clothes torn off by journalists sanen”, I glare at Eva Menasse week’s advance warning of the have really wowed these press trying to get it. of the Frankfurter Allgemeine The Courtroom listened in to- date that Judgment will be giv- hounds, but she’s a very private tal amazement to my revela- Zeitung – who I know will not en, so he can round up the person and even more so now. tions of the pressures put on like it all. She confirms later same press galère from all over me by the ADL [Anti-Defama- that she did not, and she pro- the world. (P.R., again.) HIT THE GET-WELL SOFA FIN- tion League], etc., for thirty fesses herself shocked at my, I ally around six p.m., and I am years, [Bundle “E”] which the well, chutzpah, in putting those Judge had allowed me after all SPOT THOMAS KIELINGER OF out cold for three hours. to report. meanings to those words. I Die Welt and there are report- At 9:40 p.m. I send a message of I think the chance of victory What will they do if things go ers from Dagens Nyheter and thanks to my worldwide circle has risen to about 70%, based “wrong” for them? Rampton most of the big European dai- of consultants, including to on remarks by the Judge. seems confident, but so am I. lies too. Michael Mills. He challenged Rampton, at Judge Gray is terse with him to- the end of his speech, on rac- As we leave the Courtroom it is Mills is an Australian civil serv- ism, making it plain that he day. At the end of the after- like an end of term. I pass in ant who has helped me so much thought it had no bearing noon, as I make a formal pro- the corridor Ms. Laura Tyler, of with history briefs. For that, he whatever in this trial. When I test after Rampton’s second or Mishcon de Reya, and thank is now under vicious attack got to my page on the British third interruption – interrupt- her for having inadvertently from the U.S. and Australian National Party, he said I need ing a closing speech is not done, not read it; I asked if he was sent to me last April those Jewish communities; but he satisfied there was “no case to as I have the right to the last “three videos” [of Halle] when has done no wrong, and even answer on that,” and he said he word – Judge Gray is heard to she returned my own videotape Canberra cannot dictate what a was. state tersely to Mr. Rampton collection. civil servant thinks in his spare He even introduced the inter- 30 ACTION REPORT Jul.20, 2000 esting idea that anti-Semitism my Website, and perhaps even was okay if it was a “sincerely the Radical’s Diary that I post held” anti-Semitism, and that such a historian might not nec- on the trial. . . essarily be a bad historian. It is a typical lawyers’ argu- ment, and I would not have March 16, 2000 pleaded or argued that myself. Since I am not anti-Semitic, (Thursday) 10:14 a.m., a phone I would not think of it. call from Thomas Kielinger of I wish I had been looking at Die Welt, asking where he can the faces of the German jour- nalists, however. (Julius Strei- see the Schlegelberger Docu- cher at Nuremberg: “Alright, ment. I give him the Website M’lud, I’ll come clean, I was a reference. Jew-baiter: but it was sincere How useful that Website has be- Jew-baiting!” – “Acquit that come. He says the date for man with costs from the pub- lic purse!”) Judgment has been fixed at Rampton was livid about the Apr. 10, from what Mishcon Crematorium II “no holes” ar- told him on the way out. That gument – I reminded the Court is news to me, I say. once again that I twice stated The Jews are trying to get at the challenge: find the holes on top of the roof of Morgue No. 1 Michael Mills, who has provid- at Auschwitz, and I will drop ed me with such help. the action within 24 hours. An article entitled, “IRVING’S They have not tried, because CASE GETTING AID FROM AUS- they know I am right.* SIE – MILLS, A CIVIL SERVANT, This time it sinks in to the whole Courtroom. He was also PLAYING A ROLE IN TRIAL” ap- livid about the Jun. 28 1943 pears on page one of the Mar. Bischoff document on Crema- 10, 2000 issue of the New York torium capacities; he says Jewish journal Forward. Ac- there remains only one flaw in cording to this newspaper, “a it, the missing “/43/”; this is quite untrue. I stuck to [my] Missile Attack is Early Warning Arriving with Washington subscriber to H-Holocaust [an guns. The document in that Post bureau chief Tom Reid, right, at the High Court to hear Judg- Internet discussion group], form is not genuine, and it is ment in the case, David Irving is bombarded with eggs by hired hooli- Gabriel Schoenfeld of Commen- the only one I challenged. gans and supporters of US scholar Lipstadt (). tary magazine, recognized Mr. 10:15–30 p.m. long call from A. Mills as the [source].” about today; he was thrilled by A controversy has now erupted in his first day at the trial. His Lordship has asked me to as a comprehensive source of Australia with leaders of the Lawrence M., my Harvard lawyer reply thanking you for taking information through the AR Jewish community calling on friend who attended the Court the trouble to write.… section. the Australian government to In a convenient effort to keep reprimand Mr. Mills. last month, writes me quoting a track on the trial, you may find An extraordinary letter. I have letter he has received from the Mr. Irving’s Publishing Compa- suspected for some time that And then they wonder where the Clerk to Mr. Justice Gray. ny’s web site (www. fpp.co.uk) Judge Gray is privately reading hatred comes from.

April 8, 2000 day, I give everybody the same Ha’aretz phones, Sharon some- Ignorance is indeed bliss! They answer: no interviews, whatev- body. I say again, “No inter- deserve medals for heroism – (Key West, Florida) er the verdict. First I assemble views”; strangely, he seems to remaining impartial between (Saturday) A tropical downpour the new bike I have carried know the outcome, because he the parties (myself and the De- begins. Heigh-ho. Looks like a back from the USA for Jessica. asks if I will be appealing in a fence), in the face of such lar- darling of a week is brewing. At three p.m. she and I leave by certain event. gesse. Evans, Longerich, Fun- taxi to the High Court. 6:03 p.m. A. phones: I discuss the ke, Pelt, etc., have already each April 9, 2000 I am concerned to see new road- legal implications with him. I received around $200,000 – and works outside the Law Courts, must analyse the Judgment in more bills are yet to come. (Sunday) I finish packing for Lon- with a temporary barricade detail to see where I have pre- There is no covering letter or indi- don. This message goes to Fox running along the kerbside; vailed – Rampton will almost cation that these figures are TV Network: “I am flying back even more disturbing, there are certainly ask for an Order for confidential, so within a few to London today from Florida. I piles of half-bricks and paving payment of a percentage of the minutes I have posted them, have refused all other interview stones flanking the main en- costs immediately. without comment, in tabular requests including esp. the trance, which may turn into 6:25 p.m. Lee Levitt of The Jew- form on the Internet. BBC and ITV. Paula Zahn got ammunition tomorrow if the ish Chronicle phones; he gets [Only one newspaper, The Guard- her request in under the wire Lumpenproletariat turns out. the standard response. ian, dares make any use of them.] and if she wants to go ahead I’ll The Judge’s clerk brings the ring Around nine p.m., a courier honour my agreement.” binder with the Judgment brings from Davenport, Lyons, FTER JESSICA GOES TO BED, Gorgeous drive up the Keys to Mi- down to me; Jessica gapes at a two-inch thick sheaf of their A I work until 4:30 a.m., anno- ami and the airport. The plane the size of the grand hall. There major costs – a sign that they tating the entire Judgment. there is delayed for four hours. are those lawyers everywhere. will ask the Court tomorrow to As the night wears on, I realise I hunker down with the laptop I open the binder in the taxi; it make an Order for immediate that Judge Gray has failed to in a cafe and write. On the has 333 pages. The final page payment. This interim assess- grasp most of the historical ar- plane, I design a Website head- shows that Judge Gray finds ment alone already totals well guments, which is disappoint- line. It reads just: “OUCH!” that the defence of justification over a million pounds. ing. It is clearly my own fault succeeds, and awards Judgment As I leaf through its pages, my for not having put them in a with costs to the defendants. eyes are popping with astonish- form intelligible to his Lord- April 10, 2000 ship, and I shall state it that HAT IS SAD, BUT NOT ENTIRE- ment: It is evident that the de- way to the Court tomorrow. (England, Monday morning) Tly unanticipated. – I toss the fendants have lavished moneys Back at Duke Street by midday. binder aside, and take Jessica on the “neutral” witnesses on a His clerk has asked me to fax any I am allowed to pick up the into Grosvenor Square for an scale that rivals the wartime comments to him by nine a.m.; Judgment any time after nine hour to play with her new bike. Manhattan Project. Where has foolishly, I do draw attention to a.m. The phone is ringing all At 5:30 p.m. a gentleman from it come from? the judge’s more egregious er- Millions of pounds have been rors, like his confusing Gestapo * According to an item in The Times, Apr. , , in fact they did thrown at these neutral but for- chief Heinrich Müller with try (    ). tunate gentlemen and lawyers. Auschwitz architect Bischoff, Jul. 20, 2000 ACTION REPORT 31

and placing the Harvard Uni- O, NOT A PLEASANT DAY; AS I accent does not exactly caress more. He screeches. versity library in the city of Nam preparing to battle my the English ear; I understand I say, “If the Anti-Defamation New York. I should have left way out through the reporters that few Americans like it ei- League gets up to this kind of Gray exposed to censure. who are calling out for my opin- ther. Paxman gives her a rough thing, one wonders what a Def- People in Court did warn me that ion on the judgment – I say time. He doesn’t like clichés. amation League would do!” his masklike countenance actu- tersely, “perverse” – and ask- BBC World Television grab me Jessica climbs onto my lap during ally betokened not a Sphinxlike ing: “Did you really tell The while I am still there, then this transatlantic exchange and wisdom but a total lack of com- Washington Post your reputa- someone else collars me and begins tearfully demanding prehension of the historical tion will come out of this en- persuades me to come back to- that I abandon these endless points, and they advised me to hanced?” – it is already on all morrow morning at seven a.m. telephone talks and Take Her make the points more bluntly the wires – the police order the to do Breakfast TV. Back home To The Disney Store as I have than I felt necessary. I did not Courtroom cleared, pushing out I fetch in the latest e-mails: 233 promised earlier. do so. I thought he was follow- everybody else into the hallway. messages on one service, and I hand the phone to her to deal ing the points as I made them. After ten minutes we are escorted fifty on the other. with Alan Dershowitz, and all It seems that I was wrong. through a back building into Aaargh; and aaargh again. A Los Angeles hears her plaint. Carey Street. There is an ugly splitting headache has pounded At five p.m. we escape to the Dis- April 11, 2000 mob out front, bent on violence, me all day, thanks to the germs ney Store. Our assets are in- the police inspector explains. inhaled on the ten-hour flight creased by one copy of The (Tuesday) Not a nice day, at all. Lipstadt’s admirers again. And back from Miami. Lady and the Tramp. Up at seven a.m.; I stand in their hired helps. Money buys I finally get round to reading to- drizzling rain at the bus stop by anything now. It is pouring April 12, 2000 day’s national papers. The Selfridges. with rain. Back to Duke Street; Times has a whole page photo Tom P. Reid of The Washington Benté is grinning faintly, she (Wednesday) The first round is showing me halfway through Post jumps off a No. 6 bus and has seen it all on TV, and does over, but it is still a strenuous the trial, clutching a bundle of invites me to share a cab down not need to ask about the miss- day. Up at six a.m., to do the books with red rimmed eyes, to the High Court. ing jacket. Jessica is very blasé. BBC’s Breakfast TV. Lipstadt having obviously worked all As the cab grinds its way through A barrage of phone calls begins: and her minders are quoted in night. London traffic, he asks what I the world’s press in a feeding- this morning’s press as spitting Sir John Keegan writes a half- shall do if it turns out I have frenzy. The television screens fury that I am now being seen page leading article in today’s lost: I tell him I already know fill with Lipstadt’s gloatfest – and heard on every television Daily Telegraph: he is embar- the result – “Think bad,” I say, first her press conference at screen; for years they have suc- rassingly fulsome about my ca- “then think worse!” “The com- two p.m., then endless repeats. cessfully prevented it – and reer, and hateful about Prof. ing two hours will be the most I suddenly relent and allow tele- now this! Lipstadt. I must write and unpleasant in my life,” I add: vision crews and pressmen up They won’t like to see today’s thank him. but, initially mystifying to him, inside for interviews. print media then – the Break- Later, I find that Prof. Donald I add that my reputation will fast TV news bulletin is intro- Cameron Watt has a whole HIS VOLTE-FACE TAKES THE come through it all enhanced in duced with the words: “One sto- page article backing me in The TJewish agencies by surprise. Evening Standard, and there the end. Lulled for three weeks, they ne- ry dominates the front pages of At the High Court we get out of every national newspaper in are fine words from Prof. John glected to warn off the media. Ericson, the Red Army histori- the cab a hundred yards short Television trucks with transmit- Britain today. . !” of the main entrance; as Reid Back to Duke Street at 8:30 a.m. an, in The Glasgow Herald too. ter dishes on their roofs line up Someone tells me that the Associ- settles the fare, I see a hostile outside in the street. I do live The phone rings all morning mob penned by police behind every thirty seconds, every line ated Press quotes me as saying interviews from my study with Judge Gray only did it because barricades with familiar “anti- ITN – Benté watches on the is lit up. I ignore them until Nazi” posters etc. These are 12:45 p.m. – it is BBC Question he was angling for a peerage. screen in the drawing-room – That is unfortunate. I don’t re- Prof. Lipstadt’s fans and their Australian ABC, Today, Radio Time asking if I can do their hired thugs, and the police are programme in Edinburgh to- member saying that. I probably Four, Radio Five, and then over said that as a Judge he was in already moving in. to White City for Newsnight morrow. – Yes. (Later today I nonchalantly move Reid onto they cancel on a pretext, citing line for a peerage, and deserved with Jeremy Paxman at ten. it; in my view he leaned over the inside, keeping him be- I still have to wear that waist- impossible difficulties.) tween me and the mob (which The immense press coverage con- backwards to be even-handed coat, as the jacket is a casualty. during the trial, but not after. he has not spotted). The inter- Off-screen, Paxman affably re- tinues. Front-page headlines in national press has its uses. calls coming to Duke Street every main broadsheet, with Missiles fly (I can’t see, but years ago, then as an unknown, photographs, special pull-out April 13, 2000 they turn out to be eggs, not sections, and interviews. for a cocktail party with Robert (Thursday) I work until 5:30 a.m. rocks). Harris (“Fatherland”). We swap T HITS ME, THAT THIS IS JUST reading the hundreds of mes- I stride on into the Court. It takes reminiscences. There is no real as though I have died. I now sages pouring in from all over me ten minutes to wash off the I edge to his questions, though know what the obituaries will the world, and answering them. worst of the mess in a men’s he pretends to apply one as say, if I ever do. But I feel curi- Sleep until eight a.m., and at room, and I get into the Court- soon as the red light winks on. ously immortal. Nothing even nine the phone starts ringing room at 10:29 a.m. – one He shows an interview filmed remotely resembling an aura of again. Sky TV, to remind me a minute to go. Everybody as- with me in 1983 with Harris: I doom hangs over me. car is coming for me at 12:20 sumes it is deliberate timing. I look young and eager – on top 6:30 p.m. a reporter from The In- p.m. I had forgotten. have my sodden jacket off, of the world, as I said even dependent, Julia Stuart, wan- A call from Australia, am I now rolled up in bundle. then: “I am indestructible.” gles her way in; a plumpish fe- going to apply for a visa? Yes: Courtroom No. 36, the biggest in When he asks me how I feel after male in a green cardigan. She That puts the cat among the pi- the building, is packed to the Judge’s words of condemnation, wants really to see Benté, but geons again. The fax when I get window ledges. I send apologies I respond in this sense: “Mr. Benté is missing, ill all day. She up already has the resulting to the Judge’s quarters for my Paxman, I know something prods me then about Jose- Australian headlines. A book- necessarily informal attire – I that Mr. Justice Gray has for- phine’s death, and it is very shop, a Waterstone’s, phones, am sitting in my waistcoat. gotten: Around this nation, at hard to keep back tears, even ordering books. The Judge’s staff have handed out this moment, are at least a mil- now. She is never out of my At 3:27 p.m. Viva Voce of Italian summaries of his masterpiece lion people who have one or mind. Poor Josephine. Radio 24 phones, fix one hour to all and sundry. Sir Charles more of my books on their The Jewish Chronicle reporter is radio interview at eight a.m. Gray has saved his own bacon, shelves; they are taking down still here. R. phones from Por- Says that La Stampa today is that is for sure. He recites the those books in astonishment, tugal during the interview, of- running Keegan’s remarkable indigestible prose in a toneless, and asking what on Earth has fers me a villa on a Portuguese piece. almost inaudible voice for two gotten into this judge.” island to live in for as long as I At 3:30 p.m. ABC Television hours. want. The reporters goggle. phones from Washington, D.C.: He skips the worst passages on S I LEAVE, PAXMAN IS JUST Los Angeles radio phones and on Will I agree to be online from “anti-Semitism,” “racism”, etc., starting a remote interview the other line is a hostile gen- the U.K. with Deborah Lipstadt and is decent enough to put in A with Lipstadt: she refuses of tleman who turns out to be the in their studio? I warn that she and emphasise the positive pas- course to be seen to debate with ubiquitous Alan Dershowitz won’t agree – and she does not. sages. me. Ho-ho. Her nasal Brooklyn again. I spar with D., once Epilogue BACK PAGE 32 ACTION REPORT Jul.20, 2000

Money FROM PAGE 1 more – Prof. Richard Evans has offering a platform for “some- just accepted a post on the Holo- one whom the High Court has a dirty war to destroy my liveli- caust art theft panel – while the found to be an anti-Semite and hood by putting secret pressure other had paid them nothing. a racist.” on my publishers like The Vi- The judge found, incidentally, “The BBC sets the standard for king Press, St. Martins Press that there were three major lies journalistic integrity in this and Doubleday, Inc. in Lipstadt’s book: country,” raged Nagler. He My pre-trial offer to Lipstadt n       added unambiguously: “We are and Penguin (twice, in writing) under a portrait of Hitler; concerned to know what stand- was to end the action if they n       ards it will be setting in the af- confidentially paid  pounds termath of the Irving case.” () to a charity for the limb- Louis Farrakhan and the Hiz- bollah leaders; and The odd feeling of having read my less in memory of my daughter. own obituaries lingered on. n     - During the trial itself I fur- A few days later, I went to the toric glass microfiches con- thermore twice guaranteed to BBC Television Centre at end the trial and accept defeat if taining the Goebbels diaries in the Moscow archives and White City, West London, for an they would fly to Auschwitz and interview with Tim Sebastian’ bring back photographs of the broke an agreement with them. Dragon slayer Deborah Lipstadt for his popular interview pro- apertures in the roof of the “gas gramme HardTalk, broadcast chamber” (Krema II) through on the BBC World service with    Diary Epilogue FROM PAGE 31 which they said the cyanide crys- 150 to 200 million viewers. been told that Judge Gray tals were poured in. (The roof is H For the Jewish community the In the guest book that was given also found both that I am not still there; but not the holes). Judgment has left an unexpect- to me to sign on the way out, I “obsessed with racism”, and that The defense lawyers fighting edly sour taste. My father once given that Lipstadt or her allies entered these words: this action have so far spent told me that although the Bat- “Dr. Goebbels once advised: ‘Die at m. The Washington Post, Lon- have done their utmost to de- stroy my career, it can not be tle of Jutland (on which he the right time.’ don Jewish Chronicle and The wrote his last book) was evenly “I think I may have!” n Sunday Telegraph reported that termed “anti-Semitism” when I criticise them for it. matched, and nei- the funds came from the Ameri- ther side knew at Oh, and he also referred to can Jewish Committee, Steven first who had won, Spielberg and Edgar Bronfman. my record as a military histo- rian in glowing terms: the odd the Germans ef- Since Deborah Lipstadt has thing is that, in his Judgment, fectively did so by denied that the $6m came from and because he is so advised by being the first to “the Jewish community”, we the “experts”, I suffer a mon- claim victory. must assume she paid it herself. strous and malevolent blind spot I kept this in mind There certainly seems to be a when it comes to my criticisms throughout the lot of money on the table in this of Holocaust history – the num- next twenty-four fight against the lone historical bers, the methods, and whether hours. revisionists like myself – or on On the following Hitler ever ordered it or not. Caused Outrage After the BBC broadcast one of the tables, anyway. weekend, histo- Well, that is what the appeal live interviews with Mr Irving, Jewish commu- On the day I picked up Judge courts are for. The world’s press rian Andrew nity leaders expressed outrage in a letter to the Gray’s damning Judgment in began squirting slime over me Roberts actually my libel action against Lipstadt weeks before the Judgment was headlined his Governors of the BBC (photo: ) I also received a list of the pay- announced. Even the British summary of the ments made to her expert wit- press did so, heedless of the trial in The Sunday Telegraph, © FOCAL POINT PUBLICATIONS (FPP), nesses. I posted them immedi- laws on contempt. Gray, a DAVID IRVING IS THE WINNER. LONDON, 2000. Printed in the United States ately on my Internet Website. brand-new judge, had his entire Even Die Zeit, a left-wing liberal of America. career still before him; but his weekly, reported that the case ␣ ␣ The diary reproduced on these pages is Some people must have the intellectual property of David Irving. The highlighted the efforts of the rubbed their eyes in disbelief to seniors, the judges of appeal, original has been edited as to tenses, gram- see that these mediocre British have theirs largely behind. Jewish community to destroy mar, styles, spelling, and names. The dia- and German scholars were paid It may well be that Prof. authors they disapproved of. ry’s depiction of courtroom exchanges are upwards of , each for Lipstadt is in for a nasty fall, The Board of Deputies of British from memory, and are not intended to their testimony: they deserve and that many of those journal- Jews expressed “outrage” to the replace the transcripts posted on Mr Irv- medals of valour for staying neu- ists around the world who BBC governors for having al- ing’s website at www.fpp.co.uk/docs/trial/ scrambled onto the bandwagon lowed me to defend myself on transcripts.html. The official transcripts are tral between the contending being corrected for later publication by FPP parties (as sworn to by law) – will come to regret that they did radio and television. Neville as a CD-Rom. Mr Irving’s Closing Speech is one of whom had given them not use ink of a softer hue. Nagler, the Board’s director- published in full by FPP, and is available this fortune, with prospects of © David Irving  general, criticised the BBC for like extra copies of this report for $10.00.

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SEPTEMBER 22–24, 2000 — Brilliant and witty international speakers on unusual themes, from Hitler and Wittgenstein to the Shroud of Turin • unscreened documentary movies • an evening dinner-cruise on the Ohio river. Get an update on the historic Lipstadt trial too. ASK for our flyer with full details and registration form. Download them immediately at www.fpp.co.uk/cinc. Phone Catherine tollfree on 1-877 447 5678. Or send an email Real History USA, P O Box 112020, to [email protected] Cincinnati, Ohio 45211, USA