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Subject: Ten years ago: Reflections on the Irving-Lipstadt Trial

 

 

 

http://legalienate.blogspot.com/2010/02/must-we-loathe-david-irving.html

Must We Loathe David Irving?

by Michael K. Smith

"The chief problem in historical honesty is not outright lying. It is
omission or de-emphasis of important data. The definition of 'important,' of
course, depends on one's values."

------Howard Zinn, Failure To Quit

This year marks the tenth anniversary of the David Irving - Deborah Lipstadt
libel trial. Irving sued Lipstadt and Penguin Books for having called him a
"Holocaust Denier" as part of what he claimed was a campaign to ruin his
reputation. In his opening statement to the court, he complained that the
label Holocaust Denier was a "verbal yellow star," designed to destroy him
for being an enemy of what Norman Finkelstein has termed "The Holocaust
Industry."

Judge Charles Gray did not agree with Irving, but one hardly needs the
sanction of judicial opinion to recognize that the Holocaust Denier label is
intended to discredit, not illuminate, in the same way that "nigger" is.
What would it mean to prove to the satisfaction of a court that someone
"really was" a nigger? Only that racism was alive and well in the judicial
system. In a similar way, the court's decision against Irving represents
complicity in the demonization of Holocaust heretics, not a victory for
history and truth, as was claimed by the capitalist media in the wake of the
trial.

No one survives having the denier label affixed to his work, even when one
accepts, as Irving does, that the Nazis inflicted appalling carnage on
European Jews during World War II. The point of this defamatory label is not
the preservation of historical truth (as though historians didn't regularly
falsify history to advance the interests of favored states), but the
destruction of official enemies. As the Italian Marxist Antonio Gramsci put
it, intellectuals are "experts in legitimation," not scholarship, and
historical fact is quite beside the point. Irving had to be "delegitimized"
not for his historiography but because he publicly challenged the Holy
Trinity of what has become a Holocaust religion: (1) homicidal gas chambers
(2) the six million (3) intention to exterminate. The Holocaust Industry
does not allow anyone to get away with that.

Predictably, the highlight of the case was Auschwitz and the homicidal gas
chambers that are said to have existed there. Irving expressed skepticism
that there had been any, while defense attorney Richard Rampton flatly
rejected the idea that he had any obligation to build an affirmative case
for them:

"I am not here to prove that Auschwitz had gas chambers, homicidal gas
chambers. I do not need to do that. If you . . . have an open mind and you
look at the convergence of evidence - eyewitness testimony from victims,
perpetrators, and the contemporaneous documentary evidence and the
archeological remains - you are going to conclude, as a matter of
probability at the very least, that indeed what the eyewitnesses tell us is
true."  (Š)

In the text of his decision Judge Gray admitted he was predisposed to
believe in homicidal gas chambers (both sides in the Holocaust controversy
agree that there were gas chambers to control disease). "I have to confess
that, in common I suspect with most other people," wrote Gray, "I had
supposed that the evidence of mass extermination of Jews in the gas chambers
at Auschwitz was compelling." The judge would have rendered a great public
service had he inquired into exactly why a majority of people had come to
believe in something whose material basis Gray himself admitted was largely
absent. In any case, his predisposition to believe combined with the vast
manpower advantage enjoyed by Lipstadt and Penguin Books, made the trial's
outcome easy to predict.

To arrive at the conclusion that homicidal gas chambers existed, the judge
accepted the legitimacy of a David Ray Griffin-style "cumulative proof,"
which dispensed with the need to find or cite direct evidence - a great
convenience. Thus, the defense did not have to suffer the embarrassment of
being unable to produce photographs of the homicidal gas chambers or their
physical remains, nor contemporary German documents discussing the myriad
complexities involved in (allegedly) systematically exterminating millions
of people with an industrial assembly line of death.


In effect, the judge asserted that since solid evidence for the homicidal
gas chambers was lacking, flimsy evidence would have to do. "The consequence
of the absence of any overt documentary evidence of gas chambers at these
camps, coupled with the lack of archeological evidence, means that reliance
has to be placed on eyewitness and circumstantial evidence . . ."

But of course no one has to grant eyewitness testimony and circumstancial
evidence the power to decide the case. After all, a cumulative proof based
on inferential speculation is not nearly as convincing as an argument
employing direct evidence, and it is curious that an alleged program of
industrial extermination should be so lacking in such evidence. Judge Gray,
who appeared eager to avoid having to judge historical questions, missed an
opportunity to sidestep the thorny gas chamber question by pointing out the
dubious nature of a cumulative proof.

Instead, he endorsed a speculative case based squarely on circumstantial
evidence and eyewitness testimony, much of it patently ridiculous, which
concluded that there "must have been" homicidal gas chambers. Accepting the
validity of "must have been," of course, requires a certain leap of faith,
which the trial's much invoked "objective, fair-minded historian" should not
have required.

Judge Gray asserted that there was a "convergence" of evidence "which is to
the ordinary, dispassionate mind overwhelming that hundreds of thousands of
Jews were systematically gassed to death at Auschwitz." But in the very next
breath he issued a qualification that ought to be posted at the entrance of
every Holocaust museum in the world: ". . . the contemporaneous documents,
such as drawings, plans, correspondence with contractors and the like, yield
little clear evidence of the existence of gas chambers designed to kill
humans. Such isolated references to the use of gas as are to be found
amongst these documents can be explained by the need to fumigate clothes so
as to reduce the incidence of diseases such as typhus." It's a wonder
Lipstadt didn't accuse the judge of being a Holocaust Denier.

As for the eyewitness evidence, even the Lipstadt-Penguin team had to
concede that it was not exactly sound. "The Defendants recognise that not
all of the evidence which I have sought to summarise above is altogether
reliable," wrote Judge Gray. "This applies with particular force to the
evidence of the eye-witnesses." He found that "witnesses may have repeated
and even embellished the (invented) accounts of other witnesses with the
consequence that a corpus of false testimony is built up." Nevertheless, he
concluded that the "cumulative effect of the documentary evidence for the
genocidal operation of the gas chambers at Auschwitz is considerable." How a
stream of evidence heavily contaminated by "false testimony" leads an
unprejudiced mind to belief rather than skepticism was left rather unclear
by the judge.

Irving tried to get the case back on a material footing, but judge Gray
rejected his contention that the absence of (venting) holes in the roof of
the morgue at Auschwitz's crematorium 2 meant that no mass gassing operation
could have taken place there. ". . . the apparent absence of evidence of
holes in the roof at crematorium 2 falls short of being a good reason for
rejecting the cumulative effect of the evidence on which the Defendants
rely." (emphasis added.) Defense witness Robert Jan van Pelt suggested that
the holes were cemented in in the fall of 1944. Irving responded scathingly:
"So what you are saying is with the Red Army just over the River Vistula
ever since November 1944 and about to invade and the personnel of Auschwitz
concentration camp in a blue funk and destroying their records and doing
what they can, some SS Rottenfuhrer has been given the rotten job of getting
up there with a bucket and spade and cementing in those four holes - in case
after we have blown up the building they show?"

On the issue of intentionality, the judge disagreed with Irving about Hitler
allegedly not knowing about the "extermination" of the Jews. He claimed that
Irving's ideological convictions distorted his historical findings,
allegedly on purpose.


If indeed Irving was guilty of this, that makes him very much like
historians in general, who regularly falsify the historical record to
protect the reputation of their favored states, often quite deliberately.
Consider the fact that American historians - for 200 years! - didn't even
mention that Washington deliberately destroyed North American Indian
nations.

That's deliberate falsification.

There are plenty of other examples.

What about the six million? Holocaust death tolls were calculated in the
aggregate, based on estimated population sizes. Wrote Judge Gray:
"(Christopher) Browning advanced what is in effect a demographic argument in
support of the Defendants' contention that Jews were exterminated in the gas
chambers at the death camps in vast numbers. He calculated the approximate
number who were deported from western European countries and removed from
the ghettos of Poland; he asserted that contemporaneous evidence proves that
many of them were transported to Belzec, Sobibor and Treblinka . . ." Those
unaccounted for were presumed dead in the Holocaust. ". . . since they were
never heard of again, Browning considers it reasonable to infer that they
were put to death in the camps" (emphasis added).

But how accurate were the "estimated" population sizes and the "approximate"
number of deportees? Yad Vashem Holocaust Memorial in Jerusalem claims it
has the names of three million European Jews who died during WWII -
including those who died from natural causes - which constitutes only half
of the deaths routinely attributed to the Holocaust. What about the other
half? Irving claimed that the Jewish death toll at the hands of the Nazis
was between one and four million. Since the upper end of his range exceeds
the numbers from Yad Vashem, why is his view considered scandalous?
Furthermore, presumed dead is not the same as proven murdered, much less
"exterminated" in gas chambers. There are many ways to die, especially in a
war zone.

The defense attempted to prove that Irving not only distorted and falsified
history, but that he did so from a motive to rehabilitate and resuscitate
Nazism. (The hysteria that "it" is about to happen again is routinely used
to deflect serious questions about what exactly "it" refers to in the first
place.) But Judge Gray stated that, though racist, Irving was not guilty of
inciting racist violence. "I accept that Irving is not obsessed with race.
He has certainly not condoned or excused racist violence or thuggery. But he
has on many occasions spoken in terms which are plainly racist."

If true, this makes him much like Lipstadt, who opposes intermarriage and
condones the founding of a Jewish apartheid state on Palestinian land.
Unlike democratic states, Israel is not the state of its citizens, but the
state of the Jewish people wherever they happen to be. The Palestinian Arabs
are just in the way. Hence the genocidal attempt to eradicate their culture,
which is a means of getting them to "voluntarily" leave, so they can be
replaced by Jewish immigrants from around the world. In short, Lipstadt's
racism supports the infliction of a massive injustice, while Irving's does
not.

Furthermore, nothing could have been more ironic than the defense's attempt
to smear Irving as an unreconstructed Nazi, dedicated to resurrecting the
Hitler regime. For while Irving did nothing more serious than give talks,
Germany led a successful campaign in the Balkans throughout the 1990s to
promote ethnic homogeneity by force, a bedrock Nazi principle, ultimately
dismembering Yugoslavia into ethnic statelets under foreign control, a
policy which was (1) illegal (2) based on a demonized caricature of the
Serbs that showed a striking resemblance to Nazi propaganda in the 1940s (3)
carried out in alliance with the descendants of Hitler's Muslim and Croatian
allies, justly famous for drug trafficking, kidnapping, rape, and murder.

In 1999, just months before the Lipstadt-Irving trial began the Luftwaffe
bombed Yugoslavia on the pretext that Germany was overcoming its evil past
and becoming a "normal nation" (i.e., an aggressive one) by attacking a
Serbian Hitler (Slobodan Milosevic) who was allegedly committing genocide,
though the fact of the matter was that there were no refugees during the
last five months of peace and the internally displaced persons fleeing the
three-way ethnic conflict numbered only a few thousand. But in the
cartoon-like morality play shown on Western T.V., the Serbs were cast as
Oriental barbarians, while the Croats and Muslims starred as their
perpetually innocent victims.


German leaders announced that precisely because of the German role in the
Holocaust, they had to abandon Berlin's pledge to forever renounce the use
of military intervention abroad. This so-called humanitarian imperialism,
noted author Diana Johnstone, expressed "perfect continuity with the most
aggressive traditions of German policy toward the Balkans as practiced by
Berlin in two world wars." In particular, the round condemnation of an
entire ethnic group (Serbs) was "reminiscent of the pre-war propaganda
against the Jews," she wrote.

But at the Irving-Lipstadt trial the judge and the general public were led
to believe that David Irving was the real Nazi, because he gave a speech
that inspired a group of skinheads to shout "Sieg Heil." Ask Yugoslavians if
they think this is worse than the bombing campaign that destroyed their
houses, old-age homes, hospitals, outdoor markets, buses, trains, columns of
fleeing refugees, and the Chinese Embassy.

The fact of the matter is, there is no reason to accept the demonized image
of Irving handed on to us by his political enemies. Moreover, even they
concede that his efforts have contributed to the development of fresh
historical research. Defense witness Christopher Browning, for example,
admitted to Irving that his book, Hitler's War, "was the impetus for
research . . . on decision-making process and Hitler's role." Meanwhile,
Judge Gray had considerable praise to offer Irving the military historian:

"My assessment is that as a military historian, Irving has much to commend
him. For his works of military history Irving has undertaken thorough and
painstaking research into the archives. He has discovered and disclosed to
historians and others many documents which, but for his efforts, might have
remained unnoticed for years. It was plain from the way in which he
conducted his case and dealt with a sustained and penetrating
cross-examination that his knowledge of World War 2 is unparalleled. His
mastery of the detail of the historical documents is remarkable. He is
beyond question able and intelligent. He was invariably quick to spot the
significance of documents which he had not previously seen. Moreover he
writes his military history in a clear and vivid style. I accept the
favourable assessment by Professor Watt and Sir John Keegan of the calibre
of Irving's military history and reject as too sweeping the negative
assessment of [defense witness Richard] Evans."

Furthermore, the idea that an ideologically committed historian is
intrinsically more susceptible to historical falsification is unfounded. As
Michael Parenti, a firmly committed anti-capitalist and an outstanding
scholar puts it:

"Many mainstream academics manifest a remarkable detachment from the urgent
realities of the world. What is unsettling is how this is treated as a
scholarly virtue. Supposedly such detachment helps them to retain their
objectivity. In fact, much of the best scholarship comes from ideologically
committed scholars. Thus, it is female and African American researchers who
respectively have produced the best work on the oppressions of sexism and
racism, areas that their white male colleagues never imagined were fit
subjects for study. It is they, in their partisan urgency, who have revealed
the unexamined sexist and racist presumptions of conventional scholarship in
the sciences and social sciences."

And it is David Irving and the Holocaust revisionists who have in their
partisan urgency revealed a Holocaust dogma masquerading as history. We
needn't loathe them. In fact, we ought to help them, for who fails to
benefit when the layers of legend and myth encrusting our history are peeled
away?

 

=====

Sources:

Justice Charles Gray, David Irving Vs. Penguin Books Ltd. and Deborah
Lipstadt, April 11, 2000

D. D. Guttenplan, The Holocaust On Trial, (Granta Books, 2001)

Diana Johnstone, Fool's Crusade - Yugoslavia, NATO, and Western Delusions,
(Monthly Review, 2002)

Michael Parenti, To Kill A Nation - The Attack on Yugoslavia, (Verso, 2000)

Michael Parenti, Against Empire (City Lights, 1995)

Daniel McGowan, "What Does Holocaust Denial Really Mean?" Dissident Voice,
February 17, 2009


Mark Weber, "After the Irving-Lipstadt Trial: New Dangers and Challenges,"
Institute for Historical Review

Mark Weber, "Opportunity and Challenge in a New Era," Institute For
Historical Review

Posted by Michael Smith

 

 

 

 

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