Defamation ruling: The Holocaust is undeniable
Discriminating between good, bad, and totally unacceptable historical method
POST-MODERNISM, WITH its emphasis on point of view and the relativity of truth, has its limits.
These limits emerged in the trial of David Irving v Penguin Books and Another, a six-year legal marathon triggered in 1996 by a British author of well-received books on the Nazi regime, David Irving, who asserted that American historian and teacher of modern Jewish and Holocaust studies at Emory University, Professor Deborah Lipstadt, had libelled him in her book, “Denying the Holocaust: The growing assault on truth and memory” (1993). Irving protested Lipstadt had called him “a denier, a Hitler partisan and a right-wing ideologue”. (She agrees she did).
Lipstadt was in Sydney recently to give lectures on the Holocaust during Limmud Oz, the Festival of Jewish Learning and Culture, and between times to discuss her newly released account of the trial, History on Trial: My day in court with David Irving. Anyone seeing her interviewed by the ABC’s Lateline presenter, Tony Jones, will sympathise with her protest to her Scottish QC Richard Rampton that she be allowed to talk to the media in London during the preparation for the trial, because “I do media well”.
She does indeed, as LSJ can also testify. But she reports having been unable to deflect some radio and television talkshow hosts elsewhere from taking what she considers an alarming line on David Irving’s stance.
For some in the media, denial is an intriguing idea. They conceive denial as a possible ‘other side’ of the Holocaust story.
To anyone conversant with the vast post-war writings on the Nazi regime there is nothing ‘intriguing’ about claiming Hitler never gave an order to annihilate the Jews of Europe, that the Jews who died in concentration camps had died of typhus or some other illness, or that there were no gas chambers in Auschwitz.
Rather, the claims can only be dismissed as lies, while Irving’s libel suits recall Goebbels’ observation that the big “impudent” lies Hitler talks about in Mein Kampf will succeed only for as long as dissent is squashed by the state. Pursuing Lipstadt in a six year trial process and filing suit against others who have challenged his writing can only be seen as an attempt by Irving to use a state institution to protect his lies from exposure.
Had he been an American writer, says Lipstadt in her book, the guarantees and freedom of the press which have evolved over centuries out of the First Amendment to the USA Constitution, would have scuttled any attempts by him to harass critics of his work. It would have been up to him to prove the critics wrote falsely, not Lipstadt’s responsibility to prove that what she wrote was true: as the Brits have it, words written are untrue until proven true.
“Absurd,” Lipstadt told one of her American interviewers.
She was even more flabbergasted to discover that under English law, if she failed to respond to Irving’s charge, she would give him the decision by default, a point largely overlooked by those members of the Jewish community who advised her to ignore the complaint.
Lipstadt’s regret over the differences between English and US laws on defamation is heartfelt. Little wonder: six years of her life, huge resources of intellectual, emotional and physical stamina, not to mention considerable sums of her own money as well as large amounts donated by others, were consumed by the trial – with more having to be raised to fund Irving’s appeal, even though he eventually withdrew it. Attempts to secure costs from him have had to be abandoned.
However, without the trial, there would have been no book, and that would be a loss to both the legal profession and the lay person.
History on Trial is a unique record, fascinating on multiple levels: as an inquiry into historiography – discriminating between good, bad and totally unacceptable historical method; as a detailed account of a long, complex legal process, and, through Lipstadt’s American perspective, an interesting commentary on the differences between US and English legal systems.
It works very well for the reader that Lipstadt is a nonlawyer with formidable research, analysis and recording skills, and that she had powerful motivations to produce the fullest record possible of a trial whose outcomes were of concern not only to the Jewish community with which she identifies, but for anyone familiar with the Nazi story. An energetic fusion of intellect and passion drives the narrative, while Lipstadt in her role as the innocent abroad, unfamiliar with the English legal ambiance and its practitioners, creates scope for candid snapshots of legal representatives and their support staff, and for comprehensive expositions of procedures that leave few questions unanswered.
Her voice is strong and everpresent in the story, questioning herself, her legal representatives and the English system, protesting at its weirdness: why is she known as “Another”? – “I’ve got a name”. Why can’t she be called to the witness box and speak for herself? Why shouldn’t she talk to the media? Why do her lawyers get to know the judge’s decision before she does? Why does her QC grill her aggressively as if he were supporting Irving instead of her? And Judge Gray, why does he bend over backwards to encourage Irving (a self-representing plaintiff), and then come down with a ruling that unequivocally declares Irving’s “falsification of the historical record was deliberate ... motivated by a desire to present events in a manner consistent with his own ideological beliefs even if that involved distortion and manipulation of historical evidence”. It was “incontrovertible” said Judge Gray, “that Irving qualifies as a Holocaust denier”.
Occasionally there’s an impression Lipstadt is directly addressing Americans, or the Jewish community.
In “a note to the Reader” she says that from the time Irving issued his threats, she had kept a detailed record of all her conversations with her lawyers and others involved in the case. Then she decided to start a journal where she recorded conversations and her own thoughts.
LSJ put the question of readership to her when we met up at the serviced apartments which were her Sydney base.
“It did change over time,” she said. “Initially lawyers and academics were the only ones I thought would be interested, but then so many different kinds of people contacted me to offer support and encouragement. The staff of the hotel where I was staying, for instance, kept a close watch on the progress of the trial. All kinds of people turned up to the hearing. I realised that a lot of ordinary people were perturbed by the idea that Irving wanted to suppress the right of people to challenge his distorted representation of the Holocaust and Hitler’s role in it.”
Lipstadt’s research into denials of the Holocaust came on the heels of an inquiry she had conducted into US press reports in the years that the Nazis began systematically persecuting the Jews. Her findings on that subject were published in the book Beyond Belief: The American press and the coming of the Holocaust.
This work had been prompted by questions from some of her students as to what their parents could have known during the period. Could more have been done to save the Jews of Europe? And how could a repeat Holocaust be prevented in the future?
The Jewish press in the US had a very clear picture of what was happening in the earlier stages of Nazi persecution, Lipstadt told LSJ, because many of the people being persecuted or observing attacks on others were their own relatives who were writing letters at least up to the time that the Nazis were fully organised. But later, getting news out became more difficult.
“The time to prevent a genocide is before it happens,” she said. “Once it’s really under way, it’s hard to stop. You have to be alert to the early signs.”
In the mainstream press, Lipstadt discovered “small articles in obscure places” (like the comics or the weather reports), and found a report of the murder of a million Jews placed at the bottom of page six next to an ad for ‘Lava’ soap.
“The more horrible the reports became, the more incredulity they tended to arouse.”
Lipstadt inherited the Holocaust at a remove. Her father left Germany before the Nazis came to power and her mother was born in Canada. She grew up in New York in an Orthodox home, attending Jewish schools, but raised with “an appreciation of surrounding secular society”.
“We were never formally taught about what took place in the Hitler period, but there were passing references at school and from the rabbi –“Hitler, may his name be erased”.
Her parents were “autodidacts”, left-wing, civil-rights workers and opposed to the Vietnam war. They had books on the Holocaust at home, says Lipstadt, but these were only part of a collection that canvassed the “tapestry of our Jewish lives”.
Summer camps and, later, a visit to Israel, brought her to a fuller understanding of the “deep imprint of both the Holocaust and Israel on the psyche of the Jewish people”.
Thereafter she studied for a doctorate in modern Jewish history, eventually focusing on the Holocaust, especially the question of how the bystanders, Jews and non-Jews, reacted.
Her account of the preparation for the defence against Irving’s suit, including a visit by the legal team to Auschwitz, makes for riveting reading: discussions of the various stratagems employed by notorious deniers other than Irving, the details of the documents sought and offered as part of discovery, the interaction with Irving before and during the trial, and descriptions of the buzz of activity that goes on in legal offices, the to-ing and froing between solicitors and counsel, all offer a unique insight into the workings of the legal system, through an approach not quite novelettish, but at that level of superior historical writing which can almost compete with a novel for narrative power, character interest, period and place, not to mention high drama and a thrilling denouement.
But Lipstadt is wasting no time resting on her laurels. Holocaust denial will go on, she says. That denial is based on a new anti-semitism, a phenomenon she is currently researching and which is the subject of her next book.
For sure, Deborah was well named.
MARY ROSE LIVERANI
Wednesday, August 31, 2005
Australia's Law Society Journal Interviews Lipstadt
The August 2005 issue (Vol 43 No. 7 Pages 28-29) of the Australian Law Society Journal contains an interview with Prof. Lipstadt. Here is the text of the article:
Wednesday, July 27, 2005
History on Trial reviewed in SPLC Intelligence Report
The Southern Poverty Law Center's Summer issue of their Intelligence Report features a review of History on Trial:
Defending Truth
A scholar recounts her titanic legal battle with Holocaust denier David Irving
By Heidi Beirich
History on Trial: My Day in Court with David Irving
By Deborah Lipstadt
New York: HarperCollins Publishers, 2005, $25.95 (hardback)
In her new memoir History on Trial, Deborah Lipstadt, a renowned Emory University professor of Modern Jewish and Holocaust Studies, tells a captivating tale of the British libel trial that she was forced into when the English Holocaust denier and Third Reich "historian" David Irving foolishly sued her. Irving claimed Lipstadt had ruined his reputation by describing him as a Holocaust denier and Nazi admirer in her 1994 work, Denying the Holocaust: The Growing Assault on Truth and Memory. The trial, which began in January 2000, proved Irving was indeed as Lipstadt had written, and that he was a mean-spirited, racist buffoon and shoddy historian to boot.
History on Trial is peopled with somewhat eccentric characters whose dedication to defending the truth about the Holocaust is inspiring. And Irving — who, in one of the greatest Freudian slips of all time, actually referred to the judge as "Mein Fuhrer"— adds troubling color to the story. The book is a real page-turner, holding the reader until the end, even when the outcome of the trial is already known.
The book has some interesting tidbits about Irving. He comes across as a truly vile human being who likes to mock Holocaust survivors and hang out with neo-Nazis. The most telling anecdote describes how Irving approached former Nuremburg prosecutor Robert Kempner in 1969 to say that he intended to go to Washington to prove that the official record of the Nuremburg trial was falsified. Kempner noted at the time in a recently unearthed memo to J. Edgar Hoover that Irving made "anti-American and anti-Jewish statements." It seems Irving dedicated himself to Nazi views long, long ago.
Memory, Scholarship and the Law
There is a disturbing aspect to the memoir. Although the trial ended in a total legal victory for Lipstadt — and Irving will forever be tagged, as he was by Judge Charles Gray, as a slipshod researcher, a "racist" and an "anti-Semite" — the victory outside the courtroom was less than complete.
This is partly due to the nature of British libel law, which puts the burden of proof on the defendant, rather than on the plaintiff who is claiming to have been libeled (which is how the American system works). As a result, publishers are often reluctant to release controversial books in Britain. Indeed, as Harvard University law professor Alan Dershowitz points out in his afterword to Lipstadt's book, British libel law has led to a "chilling of free speech" and a stifling of academic inquiry. A case in point: The publication in Britain of John Lukac's The Hitler of History was delayed three years because of threats from Irving. When it was finally distributed — even though that wasn't until after the absolutely decisive verdict in Lipstadt's favor — Lukac's publisher, Weidenfeld & Nicholson, had toned down the sections on Irving for the British market.
Another result of the British system is that defending even a flawless book can cost a fortune in legal fees. Indeed, the Lipstadt case might not even have seen the inside of a courtroom if it hadn't been for the willingness of Penguin Books, Lipstadt's publisher, and several donors to absorb the enormous costs of a drawn-out trial. Up to that time, Irving's skillful employment of libel threats had allowed him to maintain a reputation as a serious historian for far longer than he should have been able to. The trial was necessary for the truth about Irving to come out.
Another distressing aspect of this tale is the considerable academic cowardice that Lipstadt had to contend with when Irving sued. Lipstadt writes that a leading Holocaust historian suggested that she simply let Irving win. When she replied that that would effectively validate Irving's denial of the Holocaust, the reply was, "So what?" Others thought that going to court would transform Irving into a celebrity or free-speech martyr, as if that unlikely possibility mattered more than proving that his writings on the Holocaust are deeply flawed and animated by virulent anti-Semitism. And still others warned that Lipstadt was cheapening herself by becoming a media personality. It is unsettling that prominent historians would find defending the truth about the Holocaust so unimportant.
Truth and 'Fairness'
It is downright scandalous that a Hitler apologist like Irving could be taken seriously for so long by so many distinguished historians. For decades, Irving was publishing works on World War II to great applause, even though many falsified parts of the Nazi record. As the historical research presented at the trial made clear, Irving's obvious aim was to cleanse Hitler of his crimes. Irving was intent on dismissing the reality of the Holocaust, thereby relieving the Nazis of responsibility for their crimes, and he also used his research to legitimate Nazis lies about Jews.
The celebrated British military historian, Sir John Keegan, is Exhibit No. 1 of this problem. He praised Irving's book Hitler's War even though it falsely argued that Hitler did not know about the Final Solution — and Keegan was not alone in his praise. Even after Irving lost his libel case, Keegan criticized Lipstadt in an editorial, writing that the trial "will send a tremor" of fear through historical circles. Keegan also wrote that Irving's denial of the Holocaust was only "a small but disabling element of his work." Historians like Keegan have protected Irving's reputation over the years — even though Irving's work is sub par, something revealed by the in-depth examinations of his work and documentation undertaken by the defense team's assemblage of leading experts. Those studies, compiled by notable Holocaust historians such as Christopher Browning, will now stand permanently as a rebuttal to the disturbing farce that Holocaust denial "research" represents.
But the idea that Holocaust denial is merely the "other side of the story" persists in sometimes remarkable quarters. Just this March, the American cable channel C-SPAN was planning to televise a speech by Lipstadt about her memoir. In the interests of what a C-SPAN producer described to Lipstadt as "fairness and balance," C-SPAN decided to air a presentation by David Irving as well that would represent "the opposing view." C-SPAN apparently thought there was some kind of legitimate historical debate over the existence of the gas chambers and Hitler's knowledge of the Final Solution — a complete and utter misreading of contemporary historical scholarship. In fact, C-SPAN's bizarre position drew an angry letter of protest signed by more than 200 historians from around the world.
Lipstadt's memoir is a powerful reminder that truth needs to be vigilantly defended. If Irving and his ilk had their way, the largest state-ordered mass murder in history would actually disappear from the record.
Intelligence Report
Summer 2005
Thursday, July 21, 2005
Lipstadt cited on Darfur genocide
In an article about Darfur in today's (July 21) issue of the Philadelphia Inquirer, columnist Jane Eisner cites Prof. Lipstadt. Here are some excerpts:
American Rhythms | Each of us can help Darfur: Just let the horror seep in
By Jane Eisner
I had, until now, shied away from writing about the genocide in the Darfur region of Sudan, on the weak but justifiable grounds that my job is to opine about national issues, and this was something happening on a distant continent.
Now I feel too guilty to stay silent.
[...]
Guilt might even have motivated some of the nation's clergy to remind congregants that if we are all, indeed, God's children, then we can scarcely sit by as 300,000 people or more are slaughtered and nearly two million displaced.
I can attest: Guilt works. I heard this very message from my rabbi Saturday, and my conscience hasn't left me alone since. I can no longer pretend it's not in my job description to express outrage and demand action against what is being called the worst genocide since World War II.
That historical analogy weighs heavily on Jewish people, and on Monday, they responded in kind. Just about every major religious and communal Jewish group in the nation signed a document calling upon President Bush to promote immediate and comprehensive international intervention in Darfur.
"What excuse do we have?" asks Deborah E. Lipstadt, the Emory University historian who has detailed how the Holocaust was downplayed and denied as millions of Jews and others were murdered in Europe.
"If we're going to talk about the Holocaust, about what was, then we have to be concerned about what is or we lose all moral credibility."
[...]
Monday, July 11, 2005
The truth on trial
Prof. Lipstadt was recently interviewed by David Marr, of the Sidney Morning Herald:
The truth on trial
DAVID MARR
Sydney Morning Herald
Saturday 09th of July 2005
David Irving is on the road in Florida and Alabama, flogging his books to the faithful. He calls his tour "Hurricane David" but there's barely a breeze behind the disgraced historian as he swings through the southern United States this week. The venues of his talks in Montgomery, Orlando and West Palm Beach are secret to all but his followers. Entry: 10 bucks at the door and satisfactory ID.
This is a man who has fallen a long, long way. Gone are the Rolls and the flat in Mayfair. The praise of great historians has dried up. Universities that matter no longer invite him to lecture. Newspapers all but ignore him. For 30 years, his books on Nazi Germany and World War II were published by the leading houses of the world. Now he self-publishes. The belligerence that made him a feared adversary in the courts is now confined to his brawling website, where he pursues his grudges against Australia, Jews, Israel and his nemesis, Deborah Lipstadt.
Over scrambled eggs in a Sydney cafe last week, she puzzles over his latest web attack. "Nature Alert: Slab-throated Dip coming to Australia. Lipstadt will continue her lucrative and well-financed global Smearfest against British historian David Irving." And so on. The abuse defeats us both: what on Earth is a "slab-throated dip"?
Nothing much about Irving surprises this fiery woman after so many years spent grappling with him. On a long list of his faults she includes: "Hatred. A visceral hatred for Jews and other minorities and an adoration of the Third Reich and Adolf Hitler. He's also a bully." Lipstadt reckons he's one of those people who love to be hated. "Otherwise, he wouldn't say the things he says."
She has in mind remarks such as this, delivered to a gathering in Calgary in 1991: "More women died on the back seat of Edward Kennedy's car at Chappaquiddick than ever died in a gas chamber in Auschwitz. Oh, you think that's tasteless. How about this ... I am going to form an Association of Auschwitz Survivors, Survivors of the Holocaust and Other Liars. A.S.S.H.O.L.S."
Irving made Lipstadt famous by suing her and losing. For some time, he had combined a career as an iconoclastic historian - demanding the right to tell uncomfortable truths - with a penchant for suing his detractors. Most folded. Lipstadt and the publisher Penguin Books did not. "I hope this doesn't sound self-serving," she says, buttering her last piece of toast. "But David Irving underestimated me."
At the time, 1995, she was a youngish, rather obscure professor of Holocaust studies at Emory University in Atlanta with a great deal to learn about the quirky way libel is handled in the British legal world. She could not be sued in the US for what she said about Irving in her book Denying the Holocaust. But in Britain, the onus was on her and Penguin to justify the remarks she made about Irving in those pages: that he was a Holocaust denier, an anti-Semite, a racist and a falsifier of history. "My impression is that he sued me because he's been waiting to get me," Lipstadt says. "He saw me as a representative of the Jewish community, I don't know why. I'm a Jew. I'm an active Jew. I live a Jewish life. But he thought that by going after me he could go after the Jewish world."
Penguin was insured. Lipstadt's backers in America raised $US1.75 million ($2.3 million) for the fight. Together they assembled a team of forensic scholars to re-research Irving's books. By the time the trial opened in London, they had honed their counter-attack to 19 examples of lies and fakery - from Irving's wild guesstimates of the death toll in Dresden to his slippery claims that Hitler was a friend of the Jews. In April 2000, a London court delivered a crushing victory to Lipstadt that would leave Irving's reputation as a scholar in ruins.
This battle is the subject of a riveting new book by Lipstadt: History on Trial: My Day in Court with David Irving. No one who loves history can fail to be fascinated by the unpeeling of Irving's lies by Lipstadt's team of academic sleuths. They shred the man's scholarship and conclude: "This is not how a historian works."
It's a courtroom drama that reached its comic depths on the last day of the trial, when Irving addressed the judge as "Mein Fuhrer". Lipstadt writes: "There was a moment of intense silence as the entire courtroom - Judge Gray included - seemed frozen. Then everyone erupted in laughter ... Irving, who seemed not to have grasped what had happened, marched on."
Lipstadt's interest in the phenomenon of denial goes beyond the Holocaust. She is pleased that Edgar Ray Killen has finally been convicted for the Mississippi Burning murders. "They did it but it took 40 years." And while she is in Sydney she will join Professor Ronald Suny of the University of Chicago to discuss the first great race slaughter of the 20th century. "That Turkey turns itself into a pretzel to deny the Armenian genocide is a mark of shame," Lipstadt says. "And it does Turkey no good because they know it happened."
On her fourth visit to Australia, Lipstadt is well aware we have a denial industry of our own - denying Aboriginal massacres and denying the stolen generations. As she talks about the general principles and purposes of denial, she moves back and forth between denials of the Holocaust, Aboriginal slaughter and even the moon landing, which some believe was filmed on a sound stage in Nevada. Lipstadt sees even these strange souls illustrating an important truth: "Scratch a lie like that and you'll find some political motive." What's theirs? "You can't trust the government."
And these lies make life easier for us. "If someone said to you, 'You know, we've found out the Aborigines really weren't murdered and that they very happily gave up their land,' you'd say, 'Oh my God, I live in a better place, I live in a better society. I don't have this society that has this terrible shame and legacy."' And what's wrong with living under this delusion? "When you grapple with the past you rise above it."
The work of deniers is oddly easy. They don't have to prove much. All they have to do is cast doubt. But this requires they have public reputations as scholars. Lipstadt saw Irving as "the most dangerous of deniers" because he had built a reputation as a serious, if rather quirky, historian. "He was fresh. He had a vibrant way of writing." But Lipstadt believes the problems with Irving were always underestimated.
Right from the beginning, there were historians contesting his facts. When his first book, The Destruction of Dresden, appeared in 1963, they queried Irving's controversial death count: up from about 40,000 to 135,000. Each book that followed over the next 30 years provoked similar academic brawls over the facts. But somehow none of this really dented Irving's standing as a scholar.
Lipstadt says the public looks at historians slugging it out in this way as "two little boys having a pissing match". So were we lazy all those years not checking Irving's footnotes for ourselves? "No. There is an unspoken element of trust that if a historian sits down and writes this and a serious publisher publishes it, then I can, by and large, believe that it's the truth."
How high on the list of sins does Lipstadt place the sheer invention of sources: "The highest. For all historians. It doesn't matter what you're writing about, if you're writing the history of cooking or the history of fashion or the history of the Iraq war - if you invent a source, I can trust nothing you say."
Of course, all sides in these familiar historical brawls claim to be the genuine article, fearlessly devoted to accuracy. On his website, Irving boasts he is spearheading "the international campaign for real history". For Lipstadt, what distinguishes real historians is the way they deal with evidence that contradicts their own conclusions. Real historians acknowledge this difficult material and give their reasons for dismissing it. Fakes like Irving, simply ignore it.
The to-and-fro of contending historians might have continued for eternity, unresolved. But Irving sued.
Early in History on Trial, Lipstadt writes: "I did not believe that courtrooms were the proper place for historical inquiry." The American was amazed by the rituals of English law. She was appalled to be ordered by her legal team to shut up - no evidence in court and no interviews with the press - until the whole thing was over. But she discovered an English courtroom could be "a pretty damn good place" to settle great questions of history.
There was no jury. The judge spoke German. There was lots of time. The plaintiff could no longer bluster his way through. "In court we said: 'Mr Irving, show us the document.' He was compelled to show us the document and when you look at the document it showed he was completely lying about what happened there, or he's making it up, or he's reversed the dates, or he's put someone at a meeting who wasn't there, or he quotes half a speech. What we show is that you can't trust anything the man says unless you go and document it and prove it. And that's what's led in part to his downfall - that and his bizarre comments and bizarre behaviour."
Bankrupt and yet to pay a ££2 million ($4.7 million) bill for court costs, Irving has only one public asset these days: his claim to be a martyr for free speech. It is a claim Australia has done much to bolster by banning him from these shores six times since 1992. That this is the result of intense lobbying by the Jewish community is no secret. And Irving's travel plans have now been frustrated by the Hawke, Keating and Howard governments. But each time this happens the Australian press gives - as it must - a thumbnail account of Irving's Holocaust-denying views. It's great publicity.
Lipstadt does not believe in making Holocaust denial a crime. In History on Trial, she writes: "Those laws would render denial 'forbidden fruit', making it more - not less - alluring." She acknowledges that preventing Irving from entering this country draws attention to his views. But when asked if she therefore disapproves of Australia's ban, she ducks the question. "I don't think any good would come from having him come here."
So should he be banned from America? "There's no grounds on which he can be banned from the United States. No. I think it's pathetic. He comes to the United States now, he travels around the country, he talks to his most ardent followers - he talks to them in diners."
But wouldn't he be reduced to the same fleapits in Australia by this time? "That could well be the case. But I don't know whether there's a sense that he might give succour, give strengthening, reinforcement to people who do bad things."
Lipstadt's absolute bottom line is that she won't debate Irving - or any Holocaust denier. "First of all it suggests there are two sides to this story. Second of all, as we show in the trial, they are liars. For them to make the argument that this didn't happen, they've got to be lying about the facts. I can debate someone where we have diametrically opposed positions - abortion, death penalty, things that are very emotional and important ... But I can't debate someone who is simply making things up. That's what the deniers are all about."
History on Trial by Deborah Lipstadt is published by HarperCollins ($45). Professor Lipstadt's website is http://Lipstadt.blogspot.com. David Irving's website is www.fpp.co.uk. The judgement can be read at www.hdot.org.
Wednesday, July 6, 2005
Lipstadt interviewed on Australian Broadcasting Corporation TV
Australian Broadcasting Corporation's TV program Lateline's July 5 edition features Prof. Lipstadt and History on Trial in two segments:
New book details Irving Holocaust Case (Transcript)
In 2000 historian David Irving attempted to sue American author Deborah Lipstadt, claiming she had defamed him by calling him a holocaust denier. Mr Irving lost the case and historians say the result has significant implications.
[Real Video | Windows Media]
History on trial (Transcript)
Academic and historian Deborah Lipstadt discusses her latest book History on Trial which details her battle with David Irving, who was suing her over claims he was a holocaust denier.
[Real Video | Windows Media]
Thursday, June 30, 2005
C-SPAN controversy still reverberates in cyberspace
Although some months have passed since the C-SPAN controversy erupted, there's an article on "Freezerbox", an e-zine that "aspires to create a forum for good thinking and good writing" in which the author, Russ Wellen, cites this issue:
"Your message did not reach some or all of the intended recipients"
BY RUSS WELLEN
MEDIA | 6.29.2005
[...]
Speaking of compromise, there are those that exceed even the Times in the precautions they take against offending their audience and the administration. Practicing something more suited to the wheels of your car in the hands of an auto mechanic, they seek to "balance." As Richard Cohen explains in his Washington Post March 15 column, "C-SPAN's Balance of the Absurd," the cable network scheduled Holocaust scholar Deborah Lipstadt to plug her new book on the plum publishing venue Book TV.
History on Trial is an account of the unsuccessful libel case which Holocaust denier David Irving, whose feet Dr. Lipstadt held to the fire in her earlier book, Denying the Holocaust, brought against her in Britain. In a surprise move, C-SPAN decided, in the words of producer Amy Roach, "to balance it [Lipstadt's lecture] by covering him [Irving]."
While on the surface, it might make sense to feature the plaintiff, even if he was defeated, along with the defendant, some charges are too spurious for words. In a self-defeating--petulant even--concession to those who advised them of this, C-SPAN decided to instead host a panel discussion of the book with neither party present.
Does the C-SPAN triplets' parent company, National Cable Satellite Corporation, actually believe that one of the cable television systems it charges for its services will insist on a Holocaust denier having his say? The day hasn't arrived--yet--where it profiteth even Fox News to adopt such a stance. One can understand taking under advisement pickets, phone calls, or letters. But what is it about a deluge of email, which can be drained out of an in-box with the flick of a finger, that makes grown media executives cringe?
As with the Times, caving in to pressure only alienates your audience by compromising your credibility. Besides, backing down makes you look weak in comparison to, say, Fox. In fact, its slogan, "Fair and Balanced," may have sparked the balancing craze. If the media in question were a car, it would be rumbling around not on balanced wheels, or even equally inflated tires, but on one of those replacement donut tires.
[...]
Lipstadt interviewed on Australia's "Radio National"
Prof. Lipstadt is currently in Australia. Shortly after her arrival, she was interviewed on Australian Broadcasting Corporation's "Late Night Live" program. You can listen to the (June 30) broadcast here.
Also on the ABC site is the transcript of a May 21/05 interview with Prof. Lipstadt on the program "Saturday Breakfast with Geraldine Dooge". Here are some excerpts:
Also on the ABC site is the transcript of a May 21/05 interview with Prof. Lipstadt on the program "Saturday Breakfast with Geraldine Dooge". Here are some excerpts:
Holocaust Denial
Deborah Lipstadt on her long, ultimately successful, legal battle with Holocaust denier, David Irving.
Transcript
Geraldine Doogue: All this year we’ve been celebrating the 60th anniversary of the end of the Second World War and of course you can’t think about that war without also having to come to terms with the Holocaust. You might have been watching the ABC series, ‘Ten Days to Victory’. Last Thursday we saw footage of the American soldiers entering the German concentration camps and their horror at what they saw there.
But as the distance from those times increases, a disturbing phenomenon’s been growing too, that of Holocaust denial, people who claim that the Nazis did not systematically set out to exterminate the Jews. They admit the Jews did die in camps, but not in gas chambers, and not as part of a deliberate policy.
David Irving is the leading Holocaust denier, and the most litigious. His most celebrated case was when he sued an American Professor of Jewish Studies, Deborah Lipstadt, for libel. Lipstadt had accused him of distorting the evidence in order to reach untenable conclusions about the Holocaust.
Deborah Lipstadt has just published a fascinating book about her long, ultimately successful legal battle with David Irving. It’s called ‘History on Trial’. Welcome now to Saturday Breakfast, Deborah.
Deborah Lipstadt: Thank you for having me.
Geraldine Doogue: What made you interested in this phenomenon of Holocaust denial?
Deborah Lipstadt: The truth of the matter is I was approached by two prominent Holocaust historians, Yehuda Bauer and Israel Goodman quite a few years ago, and they said to me, ‘Deborah, do you think you ought to take a look at this, probably do a research project on it, or maybe write a book?’ And I really sloughed it off and said, ‘Oh, I don’t think there’s anything there, I think it’s a silly phenomenon’, and I said it’s like flat earthers. And they argued rather persuasively that it was a form of anti-Semitism and possibly racism, and that it deserved to be looked at, not so much to answer the deniers, because I think don’t think there’s any point to that, but to understand what the phenomenon was all about.
Geraldine Doogue: I just wonder whether some of the people, the eminent historians who continue to support David Irving, your antagonist, because of his meticulous body of research, but who are certainly not anti-Semitic, not known to be anyway, whether you came to understand that in a way they couldn’t believe human beings were capable of such behaviour.
Deborah Lipstadt: I think the few historians, and probably John Keegan is the most prominent amongst them –
Geraldine Doogue: Sir John Keegan, whom –
Deborah Lipstadt: Yes, the military historian, the very prominent military historian who testified at the trial under subpoena, not under his own accord, I think he was subpoenaed by Irving. His approach, and those few historians who haven’t really, most of them have abandoned Irving at this point, what they do is they sort of build a little wall around this Holocaust denial and say, ‘Well that’s completely worthless, that’s completely stupid, he goes off at a tangent there, he’s lost his mind, but his other work is good.’ And that’s one of the reasons why during the trial we examined topics like Irving’s treatment of the bombing of Dresden showed that it wasn’t just in relation to the Holocaust that his historical research was not trustworthy.
[...]
Geraldine Doogue: Was the decision by your lawyers that you should not testify ultimately, was that a difficult one for you?
Deborah Lipstadt: Also exceptionally difficult. My business is talking, I’m a professor, I teach, I write, that’s the tool I have. I was dying to take the stand, I kept asking, ‘Put me on the stand, put me on the stand.’
Geraldine Doogue: Because David Irving makes a big play of that now on his website.
Deborah Lipstadt: Right, exactly. He tried to paint me as a coward, as frightened of him, as what he called ‘Taking the Fifth Amendment’, you know in the United States where you don’t have to testify against yourself. And what he didn’t know, or didn’t care to know, is that I kept saying to the lawyers, ‘Put me on the stand’, and they said, ‘You’re being sued for what you wrote. There’s nothing that you can add by putting you on the stand that is relevant to this case’
[...]
Geraldine Doogue: But also I suppose the challenge to one’s own humanity as an observer, and you actually quote James Dalrymple, writing in The Independent after that day, when he was sitting in the Tube on the way home from sitting through the court case, doing his own calculations until he realised with disgust what he was doing. So I wonder about the challenge to, well, at any point, did you find yourself being drawn in, even though you were the defendant, thinking, Oh yes, I understand what David Irving’s on about there?
Deborah Lipstadt: That didn’t happen, because by the time we went to trial, I had seen so many examples of his egregious lies and distortions, but every once in a while I would say, ‘We’ve got to make sure that the press, that the public, understands what he’s doing here, because if you don’t know, it can sound logical. If you don’t know, it can sound like it makes sense.’ At some level the Holocaust itself is beyond belief, and on that same level we would like David Irving to be right, we would like the deniers to be correct, and say ‘This didn’t happen, we don’t live in a world that has this legacy.’ The problem is, it did happen. But there’s a desire to say ‘It could never have happened’, you think, ‘Oh my God, thank God, I really was upset that it might have happened.’
So I wasn’t drawn in but I was always listening with a third ear, thinking, are other people being drawn in?
Geraldine Doogue: Sociologically. Look, part of the case relied on proving that his denial of the Holocaust came not from his research as an historian but as someone who was inherently anti-Semitic and racist. How was that done?
Deborah Lipstadt: Well, first of all, we had access through the process of discovery, to his diaries and his videotapes and his private speeches that he gave that had been videotaped etc., and it revealed to us things that we never imagined we would find. In his diary we found that he describes singing a little ditty he had written to his nine-month old daughter when he’s taking her for walks and whenever he’d quote, as he describes them, half-breed children are wheeled by, he sings to her,
I am a baby Aryan,
Not a Jew or a Sectarian,
I shall not marry an ape
Or Rastafarian.
Or things like, once I think it was in fact on Australian radio, he was being interviewed, and the interviewer said to him, they were talking about black people, blacks, or people’s colour, playing for the English cricket team, and Irving said, ‘I feel queasy when I see blacks playing for the English cricket team’, and in fact when Richard Rampton, my barrister, my QC, asked Irving about this in court, Irving said, ‘Oh Mr Rampton, you’re trying to paint me as a racist, I am not a racist, I think God just made this species different.’ Well that’s pretty revealing.
Geraldine Doogue: Yes.
Deborah Lipstadt: This is a man who gives a speech to an audience, and the audience laughs when he says these things. He says, ‘I was on vacation and I turned on the television, and the BBC, and I saw one of them reading our news to us.’
[...]
Geraldine Doogue: The big question is, which is what some people like Christopher Hitchens say, in effect if he is so mad or so distorted, and there’s personal quirks there, that would have been exposed. Why did it need this type of campaign?
Deborah Lipstadt: Well it didn’t need it. I mean, he sued me, I never would have sued him, I never would have dragged him into court. He sued me, so I was forced to put up a defence, I had no choice. If I hadn’t put up a defence, as your listeners know, the onus was on me to prove the truth of what I said. I don’t believe history belongs in the court room. I was dragged in there and had no choice but to fight. So I wouldn’t say he’s mad. I’ll tell you what I think he is, I think he is pathetic, I think he’s a pathetic figure. And I think in fact he’s not alone, I think all racists and anti-Semites and misogynists, are pathetic, and the challenge is to fight them and not to build them up and say they’re so important, but to defeat, utterly defeat them, and at the same time to show what pathetic kinds of characters they are.
[...]
Saturday, June 25, 2005
History on Trial reviewed in Australian Jewish News
The June 24 (print) edition of the Australian Jewish News has a review of History on Trial:
Triumph over Holocaust denier Irving
Book Review
Chemi Shalev
HISTORY ON TRIAL: MY DAY IN
COURT WITH DAVID IRVING
Deborah Lipstadt
HarperCollins, $25.95
The comfort of modern Diaspora life, especially in countries such as Australia and the United States, is not conducive to the creation of genuine heroes; these are usually the product of difficult times or dire circumstance.
One exception to this rule, however, is Deborah Lipstadt, professor of modern Jewish and Holocaust studies at Emory University in Atlanta, Georgia.
Like her namesake from the Book of Judges, Lipstadt can rightly be considered a latter-day Jewish heroine of truly biblical proportions.
Lipstadt did not seek this greatness; it was thrust upon her by Holocaust denier David Irving, who in 1995 sued her in a London court for libel and defamation.
In her relatively-unheralded 1993 book Denying the Holocaust: The growing assault on truth and memory, Lipstadt had lambasted Irving as a Hitler-loving and history-distorting Holocaust denier.
Rather than being a legitimate and respected historian, as many considered him, Lipstadt described Irving as a Nazi sympathiser and a habitual distorter and contortionist of the facts at his disposal who consistently diminished the Holocaust and glorified its perpetrators.
Lipstadt's new book History on Trial is her gripping account of the five harrowing years that culminated on April 11, 2000, as Justice Charles Gray ruled against Irving, demolished whatever historical credentials he may have had and, by ordering him to pay court costs of close to £2 million ($A4.7 million), drove him to bankruptcy.
Lipstadt's book is based on the personal records that she kept throughout the gruelling ordeal, from the day she received a letter from her publisher, Penguin, about Irving's suit and mistakenly laughed it off as inconsequential, or "really nuts".
Lipstadt was unaware at the time that contrary to American law, British defamation practice places the burden of proof on the defendant, rather than the plaintiff. It was a formidable and, at times, seemingly-insurmountable task.
Her account of the trial itself is as riveting as only judicial high dramas can be, but horrifying as well in its dissection of the otherwise abhorrent.
Following the wise decision made by her counsel, Richard Rampton QC, to tackle Irving on forensic grounds rather than eyewitness testimonies, the court was subjected to many hours of debate on the exact number of Jewish bodies that could be buried in a ditch after being shot by the Einsatzgruppen death squads in Russia, the extermination capacity of the gas vans that operated at Chelmo and the intricate mathematics involved in calculating the number of cadavers that could have been moved from the gas chamber to the crematoria at Auschwitz.
Throughout the book one cannot but identify with Lipstadt's academic and personal revulsion at Irving, a man who under the cloak of a respected historian was allowed to continue publishing books while publicly claiming that "more women died on the back seat of Edward Kennedy's car at Chappaquiddick than in the gas chambers at Auschwitz.".
The trial only deepened the impression of his malicious and infantile inner world, as revealed, for example, in his private diary entry of the song he would sing to his daughter: "I am a baby Aryan, not Jewish or Sectarian; I have no plans to marry, an Ape or Rastafarian."
And one can only empathise with Lipstadt's dismay at the fact that prominent historians, including the notable World War II expert John Keegan, testified on Irving's behalf, belittling his adulation of Hitler and his astonishing claim that the Nazi leader had little knowledge, if any, of the "unsystematic" killing of Jews while still extolling his "superb" research.
Ultimately, it was Irving who did himself in, by bringing the suit against Lipstadt in the first place, by repeatedly walking into the traps laid for him by the talented Rampton, and by his barely-concealed antisemitism and Hitler adulation, to the point that before his closing argument, in the ultimate Freudian slip, he referred to Justice Gray as "mein fūhrer".
By utterly destroying the credibility of Irving, the most prominent and well respected of Holocaust "revisionists", Lipstadt may not have crushed the Holocaust-denial movement completely, but she certainly dealt it a devastating blow. Her book is a sensational read.
Chemi Shalev is the AJN's associate editor.
Lipstadt Interviewed in Pittsburgh Tribune-Review
Here is a recent interview with Prof. Lipstadt from the Pittsburgh Tribune-Review:
Holocaust truths
By Bill Steigerwald
TRIBUNE-REVIEW
Saturday, June 11, 2005
Deborah Lipstadt, a professor of Jewish and Holocaust studies at Emory University, made international headlines in 2000 by winning a libel trial in London against British historian David Irving. Irving sued Lipstadt for libel after she briefly named him as one of the more dangerous spokespeople of the growing Holocaust-denial movement in her 1993 book, "Denying the Holocaust." Lipstadt, whose new book, "History on Trial," recounts the blow-by-blow of her six-year legal battle, was in town Wednesday to give the keynote speech at the American Jewish Committee's annual meeting. I talked to her by telephone from her home in Atlanta:
Q: Why did you decide to fight it out with Irving in court? Didn't some people advise you to just ignore him?
A: I decided to fight him because the British legal system puts the burden of proof on the defendant, on the person who is being charged, to prove the truth of what they said and not on the plaintiff, or claimant, to prove the falsehood. So if I hadn't fought him, the case would have been decided in his favor. And his version of the Holocaust is there was no Nazi plan to kill the Jews: Some Jews may have been killed, but it was a result of rogue action here or there. There were no gas chambers; Hitler was the best friend the Jews had in Germany; and the survivors who say they were in concentration camps or death camps are all liars or psychopaths.
Q: If young people ask you what the Holocaust was, what do you tell them?
A: I tell them it's the attempt by Nazi Germany, by the government of Germany and all the parts of that government -- from the banks to the post office to the transportation system -- to murder all the Jews of Europe and some of the Jews on islands outside, like Rhodes or Corfu.
Q: If they ask you why the Holocaust happened, what do you say?
A: I give them more of a negative answer: Without centuries of anti-Semitism, without a German population that was willing to follow Hitler, despite his clear, clear anti-Semitism and hatred, without a world that was willing to stand idly by, without churches and governments that were willing to keep silent, there wouldn't have been a Holocaust.
Q: Historian Paul Johnson says in the current Commentary magazine that anti-Semitism is an intellectual disease, an irrational, pathological disease.
A: I think there's a lot to what he says. Anti-Semitism is a prejudice. Prejudice is an irrational thing -- pre-judge. I make up my mind before I have the facts. I see a blonde, I decide she is stupid. I see a black, I decide he's shiftless and lazy. I see an Italian, I decide he is Mafioso. I see a Jew, I decide they are evil, greedy, conniving, etc. It is an irrational thing that has been nurtured, not just by uneducated people but by highly educated intellectuals as well.
Q: Why do you believe, if you do, that anti-Semitism is on the rise in the U.S.A.?
A: I think it's on the rise slightly in the U.S.A. I think it is on the rise in Europe. What has happened in Europe is it has been mixed up in opposition to Israel and it's also gotten mixed up with an opposition to George Bush and his policies. So it becomes part of a greater whole.
Q: In a century where as many as 200 million people died at the hands of evil dictators and in the name of such hideous belief systems as Nazism and communism, what makes the Holocaust stand out?
A: It was a governmental attempt to kill all of a subset of people -- the Jews -- but not just the Jews within their country. Jews in any place they could find. Take the island of Corfu. A small, small Jewish population had lived there for hundreds and hundreds of years. On June 9, 1944, after the landing at Normandy, when the Germans are really on the defensive in both the East and West and fighting for their military survival, the Germans take boats and go out to that island and collect the Jews in order to transport them to Auschwitz. There was a single-mindedness about murdering the Jews anywhere they could find them.
Q: How do you distinguish between people who are anti-Semitic and people who are anti-Zionist or critical of the state of Israel's policies?
A: First of all, to be critical of the state of Israel's policies, all you have to do is read the Israeli press and you'll find some of the most criticism of Israel. So to be critical of Israel's policies, there is nothing wrong with that. To oppose the very existence of the state of Israel is much more disturbing, in that sense, because it has been in existence for 57 or 58 years. Generally, I would argue that the people who oppose the existence of the state of Israel, if you talk to them a little more and figure out their sentiments, they usually have a deep-seated anti-Semitism as well.
Q: Is there anything important about the Holocaust that the American public still does not know and needs to be constantly reminded about?
A: First of all, just the fact that it happened. We constantly have to be reminded of history, otherwise we might repeat it or let others repeat it. We have to keep remembering or otherwise we slip into a situation where we allow these things to happen in other places -- Sudan, Rwanda, it has happened. On some level, the fact that the United States intervened in Kosovo was because some people said, "Hey look. We're letting it happen again." It wasn't a holocaust, but still we were sitting idly by and allowing genocide to happen. History is to be studied for its own purpose, but it's also a tremendous guidance to people in how to behave and in governmental policies and in how to look at the world.
Thursday, June 23, 2005
London "libel tourism"
An article on the Accuracy in Media website notes that Dr. Rachel Ehrenfeld, a respected US author and scholar was sued for libel in a London court. Dr. Ehrenfeld "boycotted" the trial, and has stated that she "has no intention of complying with the court order and has chosen instead to fight for her First Amendment rights by suing the billionaire in New York. She wants the court to find the London judgment to be unenforceable in the U.S., and to reiterate that publication of her book may continue in the U.S. because it is constitutionally protected speech. What Ehrenfeld is seeking is a legal remedy to vindicate her rights and protect her integrity and reputation as a writer."
Here are some excerpts from the article in which Prof. Lipstadt's successful defeat of Irving's suit is cited:
Here are some excerpts from the article in which Prof. Lipstadt's successful defeat of Irving's suit is cited:
AIM Report: Saudi Billionaire Threatens U.S. Author
June 22, 2005
[...]
Ehrenfeld's work, as well as that of other authors, is now at risk because of a lawsuit filed in London, the world capital for what's now called "libel tourism." At stake is nothing less than freedom of the press here in the United States and the First Amendment right of journalists to cover matters affecting U.S. national security and survival. This case involves another billionaire, Khalid Salim a Bin Mahfouz of Saudi Arabia.
Ehrenfeld's saga began with the publishing of her 2003 book, Funding Evil: How Terrorism is Financed and How to Stop It. This, Ehrenfeld's fifth book, examined the alleged involvement of Bin Mahfouz and his relatives and others in the funding of al Qaeda, Osama Bin Laden and other terrorist entities. Bin Mahfouz, who denies any role in sponsoring or financing terrorism, responded by filing a lawsuit against Ehrenfeld in London, claiming defamation.
[...]
Under English law, however, the plaintiff does not need to prove malice or negligence. The burden of proof falls upon the defendant who must prove that all his/her statements are in fact true, not just that they were reported in good faith. Such a legal process is unthinkable in the U.S., where the burden of proof is upon a public plaintiff who must prove that what was reported about him/her was demonstrably false, malicious and/or reckless.
Bin Mahfouz, whose wealth is estimated by Forbes magazine at $2.8 billion, has yet to lose a case in the London courts. Ehrenfeld said that other publishers have capitulated to his legal threats because surrendering is cheaper than launching a defense.
Ehrenfeld boycotted the London court proceedings, was found guilty, and ordered to pay £60,000 (US $109,470) as a "down payment" on damages. (Media erroneously reported the figure as a final fine of £30,000.) The London Times reported the judge as saying it was "false" to say that Bin Mahfouz financed or supported al Qaeda or other terrorist groups.
[...]
London has become notorious for these lawsuits. Perhaps the most notorious is the legal action filed against author Deborah Lipstadt, Dorot Professor of Modern Jewish and Holocaust Studies at Emory University. Lipstadt named David Irving as a holocaust denier who deliberately distorted historical facts in her book "Denying the Holocaust: The Growing Assault on Truth and Memory." Irving sued Lipstadt in London. And because Lipstadt had to prove her statements were true in the British courts, she had to therefore prove the Holocaust happened, that there were gas chambers at Auschwitz, and so on. She won the case but the legal proceedings cost her over $1 million. The grueling yet triumphant saga is the subject of her new book "History on Trial: My Day in Court With David Irving."
Professor Lipstadt can now post this notice on her website without fear of being sued: "The book is Lipstadt's account of her successful defense against Holocaust denier, David Irving, who sued her for libel for calling him a denier." At a recent celebration held in Lipstadt's honor, David Harris, Executive Director of the American Jewish Committee, said, "[W]hat was going to be on trial was not Deborah Lipstadt per se but the Holocaust. For generations it would shape the way people view the Holocaust. This was not her battle alone."
[...]
Sunday, May 29, 2005
The woman who defended history - article in Pittsburgh Post-Gazette
Columnist Dennis Roddy discusses Irving vs Lipstadt in today's edition of the Pittsburgh Post-Gazette. Here are some excerpts:
The woman who defended history
Sunday, May 29, 2005
By Dennis Roddy
British libel court is war unto the knife. Loser pays all. David Irving set out to demolish Deborah Lipstadt. One year after the trial, Irving's wife and daughter wept on a curbside as liquidators seized their house, its contents, Irving's library. By the time Irving got home, he discovered that the suit he was wearing was the only one he now owned.
"They took everything. They took my entire research archive of 35 years," Irving said. "I find it increasingly difficult to be good-humored about it."
The great irony here is that Irving was the plaintiff. He was out to destroy Lipstadt, an American historian, for criticizing his increasingly implausible suggestions about the Holocaust.
For decades, Irving frightened off his worst critics with a belligerent certainty that made him a hero to the Holocaust denial crowd, even as he protested he was not part of it. [...]
[...]
When he denied that Auschwitz had gas chambers for killing Jews, Lipstadt, a professor of Jewish history, numbered him among Holocaust deniers in her 1993 book on the subject. When it was published in Britain, where libel law essentially holds a defendant guilty until proven otherwise, Irving went after her with a flair that attracted the attention of a world that quickly dubbed it "The Holocaust on Trial."
Lipstadt didn't simply win her case. She basically brought down the one historian who lent any measure of legitimacy to Holocaust denial. She comes to Pittsburgh on June 8 as keynote speaker for the American Jewish Committee's annual meeting. Holocaust survivors are constantly thanking her for saving their history, and this flummoxes her.
"I tell them, 'Wait a minute, your history would have been fine. It's not so fragile that this one guy can destroy it,' " she said.
That's hard to say. The tyranny of the clock is taking away the eyewitnesses to the Holocaust. A shocking number of people are prepared to suggest that it is possible 6 million Jews were not murdered. When C-Span, the cable public affairs network, made plans to carry a Lipstadt speech they decided to balance it with an appearance by Irving, as if there is "another side" to the near annihilation of Europe's Jews. History, in this case, needs to be saved.
[...]
When Irving sued her, Lipstadt was infuriated. Here was a man who had spoken at the Institute for Historical Review, a blatantly anti-Semitic assortment of pseudo-scholars in California. Irving's speeches in the Cleveland area were booked by Erich Gliebe, currently head of the neo-Nazi National Alliance. Irving testified on behalf of Ernst Zundel, the Canadian co-author of "The Hitler We Loved and Why." This guy was suing her for defamation.
Lipstadt thinks she knows why.
"First of all, I'm a woman, and the guy is a misogynist. Second of all, I'm an American. I was far away. Maybe he thought I wouldn't take it seriously. And third of all and most importantly, I am a Jew. I am strongly identified with the Jewish community and this was his way of going after the 'traditional enemies of truth,' as he kept calling them. This guy is a bully. This guy is really a bully. He's used to getting away with it."
Irving does, indeed, have a rough streak going through him. When I wrote a column about the trial five years ago, he posted it on his Web site with an instant link for readers to send me their thoughts. The kindest read, "You are a communist jew pimp."
The 10-week trial, in which Irving acted as his own lawyer, ripped away the veneer of scholarship he had applied in careful coats starting with his first book, a devastating, though now numerically suspect, account of the allied bombing of Dresden [...]
[...]
By trial's end Irving had been cornered as a racist, an anti-Semite, a sloppy historian, a keeper of company with the jackboot-and-suspenders crowd. He lost everything: his court action, his reputation, his home, the very couch in his living room.
"He never paid me a penny," Lipstadt says today. Irving kept things tied up fairly skillfully. He was declared insolvent and, after three years, he's now untouchable, though starting over at this late date is likely to be difficult.
Both Lipstadt and Irving say they'd have gone through this mess all over again. She'd have written more harshly about him knowing now what he kept hidden in his diaries and the distortions she says have been found in virtually every one of his books. He'd had brought this action as well, he says. Why he says this, I can't tell for certain, although Lipstadt has a pretty solid theory.
"Part of it is the contrarian thing, because that is how he gets attention. If he just did ordinary scholarship he wouldn't get attention," she said. "The one thing about him is he craves attention."
So David Irving makes his own history. Some of it he writes, taking known events and giving them a backspin guaranteed to produce the craziest bounce. Some of it he generates by bringing on a libel action that destroys him so he can rise like a phoenix from the ashes of his own making. He'll be at it as long as he lives. [...]
[...]
Why else, [Irving asked regarding 9/11's Flight 93], would the seismographs that picked up the crash be four minutes off from the plane's black box. That's a four-minute gap -- time enough for someone to have shot down the plane.
I suggested that sometimes, just sometimes, clocks are set differently. The one on my kitchen wall has been in serious disagreement with the one on my microwave oven for the past 10 years. That strikes Irving as improbable.
Like Billy Pilgrim, the hero in "Slaughterhouse Five," the novel Vonnegut wrote using Irving's account of Dresden, David Irving has come unstuck in time. He's more than four minutes off. He picked a fight with a woman who neglected to be frightened.
Thursday, May 26, 2005
A Great Moment in Legal History - article in N.Y. Sun
Prof. Lipstadt recently addressed participants at an American Jewish Committee celebration held in her honour. The following are some excerpts, from an article describing this event, published in today's (May 26/05) N.Y. Sun:
A Great Moment in Legal History
Knickerbocker
BY GARY SHAPIRO
May 26, 2005
Emory University Jewish Studies professor Deborah Lipstadt's triumph over Holocaust denier David Irving, who sued her and her publisher for libel in London, is "one of those great moments in legal history when truth, justice, and freedom of speech are all simultaneously served," writes lawyer Alan Dershowitz in the afterward to Ms. Lipstadt's new book, "My Day in Court With David Irving: History on Trial" (Ecco).The book describes the momentous 10-week trial in 2000 under British libel law, which (unlike its American counterpart) places the burden of proof on the defendant. At a celebration held in her honor at the American Jewish Committee this Tuesday, Ms. Lipstadt discussed the case, which stemmed from assertions made in her book "Denying the Holocaust: The Growing Assault on Truth and Memory" (Free Press).
The event marked a return to New York for Ms. Lipstadt, who grew up on the Upper West Side and Far Rockaway, where her rabbis included Norman Lamm and Emanuel Rackman. AJC Executive Director David Harris, introducing the evening's program, spoke of the effort to raise money for her legal costs: "Good lawyers do not come cheap - in London or in New York." He said: "what was going to be on trial was not Deborah Lipstadt per se but the Holocaust. For generations it would shape the way people view the Holocaust. This was not her battle alone." They asked themselves "what we could do, not only as friends of Deborah but as friends of the truth."
[...]
[In discussing the case, Ms. Lipstadt] said an overall challenge was how to fight Holocaust deniers without building them up and turning them into significant people. She said she aimed to show how ridiculous Mr. Irving's arguments were, and did. She spoke of flying to London, experiencing jet lag, shuttling from her unglamorous hotel to the lawyer's office, reading documents, and even sleeping through one of the plays she attended during her stay.
Ms. Lipstadt talked about the book's themes, including the legal and forensic one: "how we managed to fight the battle." She and her legal team did not want it to be a "did-the-Holocaust-happen case." They turned the tables on Mr. Irving by making the case about what a credible historian would have done with the facts before him at the time he was writing.
[...]
The book offers insight into the intricacies of the British legal system (with its solicitors and barristers, for example), as well as unexpected incidents, such as when Mr. Irving inadvertently referred to the judge as "mein Fuhrer" instead of "my Lord." Ms. Lipstadt spoke about some tactical decisions in the case, such as going beyond the Holocaust to discuss Churchill and Dresden. The point was to show that even when he was not talking about the Jews, Mr. Irving intentionally distorted facts to show that the Nazis were not so bad. [...]
[...]
"The trial that was thrust upon her," AJC expert on anti-Semitism, Kenneth Stern, told The New York Sun, "was an important step in combating anti-Semitism." He said in the book one can learn not only "a profile in courage" but a message about fighting hatred both smartly and courageously.
"Deborah was the most reluctant author I ever published," said Adam Bellow, editor at large at Doubleday, who edited "Denying the Holocaust: The Growing Assault on Truth and Memory" when he was editorial director at the Free Press. He said she wisely chose not to debate Holocaust deniers or appear on a program with them. "People in the press think of it as the 'other side,'" he said. "But there's truth and there are lies. She ran up against the relativism of the age."
"It's not a question of choosing sides - there's really no other side," said her agent, Gary Morris, who described "History on Trial" as both a legal and personal story. Ms. Lipstadt earlier this year declined to have C-Span cover a talk of hers, since it planned to pair it with coverage of Mr. Irving. Mr. Stern told the Sun, "It's like doing a program on child-rearing and bringing in Michael Jackson as balance. It's nuts."
[...]
Ms. Lipstadt thanked Emory University not only for granting her paid leave but also, without her asking, for its president and board allocating funds to help pay her expenses in mounting her defense. She asked the audience to note how rare this kind of university support is: "cold hard cash."
Ms. Lipstadt thanked her current editor at HarperCollins, Julia Serebrinsky, as well as her former one, Mr. Bellow. Mr. Bellow told the Sun how gratifying it was to have worked with Ms. Lipstadt. He said hers was one of a handful of books he has worked on "that have really done good in the world. Most books don't do anything."
Friday, May 6, 2005
Birnbaum v. Deborah Lipstadt
Robert Birnbaum is a contributor to the online "weekday magazine" The Morning News. The editors introduce his article by noting:
I do recommend reading the entire interview, during the course of which Birnbaum also photographed Prof. Lipstadt - and you can see the photos, too! In the meantime, here is Birnbaum's introduction to his transcription, as well as a few excerpts from their conversation:
Prejudice cannot be defeated entirely, but it can be fought and with courage and stamina, and with really good lawyers. Our bookish reporter in Boston Robert Birnbaum has a fascinating conversation with scholar Deborah Lipstadt about her six-year battle with Holocaust denier David Irving.
I do recommend reading the entire interview, during the course of which Birnbaum also photographed Prof. Lipstadt - and you can see the photos, too! In the meantime, here is Birnbaum's introduction to his transcription, as well as a few excerpts from their conversation:
4 May 2005 | PERSONALITIES
Birnbaum v. Deborah Lipstadt
Despite personal and familial connections (or perhaps because of such) I had, to date, not paid much attention to the pernicious movement that presumes to deny the Holocaust. This is in keeping with my conscious decision to spend as little intellectual and emotional energy as possible on lunatic fringe movements and other idiocies. Deborah Lipstadt’s six-year legal ordeal, which she compellingly narrates in History on Trial, changed that. The story begins as such: British author David Irving sued Lipstadt for libel in London after she called him a Holocaust denier and right-wing extremist in her 1994 book Denying the Holocaust.
Deborah Lipstadt is Dorot Professor of Modern Jewish and Holocaust Studies and Director of the Institute for Jewish Studies at Emory University in Atlanta. She has taught at UCLA and Occidental College in Los Angeles. She received her bachelor’s degree from City College of New York and her master’s and doctorate from Brandeis University. In addition to History on Trial and Denying the Holocaust, she is the author of Beyond Belief: The American Press and the Coming of the Holocaust. She has appeared on CNN, 60 Minutes, The Today Show, Good Morning America, Fresh Air, and The Charlie Rose Show, and is a frequent contributor to and is widely quoted in a variety of periodicals. She is currently working on a book on Jewish responses to the new anti-Semitism.
The conversation that follows ranges over a wider terrain than the riveting details of the libel trial. What seems obvious to me in the aftermath is that hateful ideologues such as David Irving, while not being defanged or declawed by intelligent and conscientious scrutiny, are less likely to be accepted as legitimate scholars. Unfortunately, even the truth seems not to derail their specious efforts. But it is not for the lack of effort by Deborah Lipstadt and others. For which we all should be grateful.
Robert Birnbaum: Is anti-Semitism a necessary condition for Holocaust denial?
Deborah Lipstadt: Yes, Holocaust denial is a form of anti-Semitism at its heart. That’s not to say there aren’t people who are inadvertently convinced by deniers. Imagine someone who may be sitting on an airplane next to a person who is a committed Holocaust denier and they are stuck on the runway for three hours or it’s a long flight cross country and the person [eventually] is convinced by the denier. But even those people, i.e., the putative “innocent” passengers, must, in order to believe that, “Oh, the Jews invented all this and made it up”—have to have a predilection towards anti-Semitism. That have to be somewhat anti-Semitic. I am a bit wary of saying someone is “somewhat” anti-Semitic. That’s like saying someone is a little bit pregnant. But for the deniers themselves, the people who are at the core, it’s unquestionably a form of anti-Semitism.
[...]
RB: And David Irving took exception to it. [laughs] Filed suit in Britain, which is still a matter of mystery to me—how divergent the libel laws for the U.S. and the U.K. are.
DL: So absurd. Well, let me make one thing very clear. In my book, Denying the Holocaust, Irving, occupies, at most, 300 words, and probably less than that. Someone checked, and I think he is mentioned on six pages—not full pages, references. I admit that I did say some harsh things about him. I said, “He is the most dangerous of Holocaust deniers.” I said that he knows the truth and he bends it to fit his preexisting political views. And by implication, though I didn’t directly call him one, that he was an anti-Semite and a racist as well. So he sued me in England, where libel laws are a mirror image of American libel law. In the United States, if I say you libeled me, I have to prove it. In the U.K., if I say you libeled me, you have to prove you didn’t libel me. Words written are considered untrue until proven true. So if I hadn’t defended myself I would have been found guilty. I should mention that Penguin U.K., my publisher, was my co-defendant. I think that if I had not fought, that they might not have pursued the case as forcefully as they did. But they did stand by my side, to their credit.
RB: It must be noted they didn’t climb on board for the appeal.
DL: No, they left me with a $100,000 legal bill.
[...]
RB: You didn’t know British libel law then.
DL: I didn’t know British libel law but I did know that he [Irving] had called the Holocaust a legend, in a courtroom, under oath, in Canada testifying as a witness for [Holocaust denier] Ernest Zundel, who was on trial. Then in the early ‘90s, upon being asked by reporters why the Holocaust had disappeared from a recent edition of his book when it had been in the book in an earlier edition which appeared in the ‘70s, he said, “If something didn’t happen, you don’t dignify it with a footnote.” He said to a survivor who appeared with him on Australian radio, “Mrs. Altman, how much money did you make from having that number tattooed on your arm?” So I thought that in light of all the things he had said, my statement that he is a denier was no big innovation. I was not saying anything radical. But he was waiting. He was just poised to pounce. I really believe he wanted to get me.
[...]
RB: Judge Gray’s verdict is unwavering and unqualified in every way on Irving.
DL: It’s unrelenting.
RB: Irving is all the things any one could have said—and more.
DL: Much more than I said about him in my book. That’s one of the ironies of this entire case. As a result of the research we had to do to defend me, we discovered just how egregious Irving’s record is.
[...]
RB: I looked at some web site for one of those nutso, straw man groups that support Irving and they have 13 questions for you to answer, which if anyone of them [were the type of person who] had read this book, would be totally irrelevant. An amalgam of crap, slurs, half-truths posed as questions—
DL: These questions are, as you say, slurs, half-truths, and completely ridiculous. Irving keeps saying that Deborah Lipstadt took the Fifth. First of all, [laughs] there is no constitution [in Britain]. No. 2, I didn’t take the Fifth. In the United Kingdom there is no obligation for the defendant to testify. No. 3, I wrote a book, and David Irving was suing me for what I wrote. There was nothing I could add by going on the stand that was relevant to the case and, in fact, when he recently spoke in Atlanta, he said, “If Lipstadt had taken the stand, I would have asked her about views on intermarriage.” Now, what does that have to do with my calling him a Holocaust denier?
[...]
RB: Did [Irving] pay his court costs?
DL: [emphatically] No! In fact, I dropped my attempt to make him pay and now he has turned around and sued me, arguing that I should have to pay his expenses because I dropped the pursuit of him. We were in court two days ago to argue this. Each time he does this it runs up my legal bill. In the U.K., loser pays costs so, after the trial, he owed my defense fund a million and three-quarters. I paid for an independent book and document assessor who specializes in the Holocaust to go to England to assess the value of his papers. He felt that at the most they were worth $200,000 or so. We hoped to get control of them, in lieu of the cash Irving owed us, and sell them to a library or archive. But by then Irving had already run the clock up so there were $80,000 or $90,000 worth of lawyer bills and we hadn’t even gone to court. It became clear that this was a losing proposition. The lawyers’ bills would wipe out anything we would get from him. Finally, last June [2004], I said, “The trial itself was about a principle, about truth, this is about money. Leave it alone, I’m giving it up.” And I was really upset with myself even though I knew it was the right decision, from a legal and financial perspective. But he has documents that no historians have ever seen and which he should really make accessible. My actions would have made them accessible.
[...]
RB: So you were shocked that verdict was so damning?
DL: I was floored, it was so compelling. I never expected such an all-encompassing verdict. Did you see Richard Bernstein’s piece in the New York Times on the radical groups in Germany and how they are presenting themselves in a more “respectable” demeanor? I was in Germany last week, and at a press conference I said that this tactic, on the part of extremists of appearing respectable, started with Holocaust deniers. They were among the first to figure out that most people make their judgments about people based on external appearances. Therefore, if an extremist comes swaggering in to the room in high black boots with swastikas and looking like skinheads, people take one look at them and say, “Oh my God, I know what you are. And I want to have nothing to do with you.” But if the same extremists come into the room in a nice tweedy jacket, maybe with patches on the elbows and jeans or whatever, smoking a pipe, and they begin to speak rationally, people are more likely to listen. In this regard, deniers say, “Oh, I’m not an anti-Semite, I just have certain questions about the Holocaust which perplex me. And I don’t understand why Professor Lipstadt is afraid to answer those questions. I am just interested in open debate. What’s wrong with open debate?” And in Germany the far right party, the NPD, is inclined, rather than to parade in swastikas, to say, “We want to commemorate the ‘bombing Holocaust’ in Dresden. We want to give equal attention to the victims.” But what they are really doing is whitewashing the crimes of the Third Reich by engaging in immoral equivalencies.
[...]
Lipstadt Cited in Article on Holocaust Museums
Professor Lipstadt was cited in a Jerusalem Post article on Holocaust museums. Here are some excerpts:
JTA, THE JERUSALEM POST May. 4, 2005
The Holocaust is still being remembered – just not the way it used to be.
Sixty years after its end, an increasing number of cities have built architectural testimony to the Holocaust. Twenty-six cities in the United States and Canada now have Holocaust museums, and others have built monuments or established research foundations or educational centers.
Holocaust museums and memorials have shifted the nature of remembrance, moving away from the emphasis on testimony and defiance toward the teaching of tolerance and understanding, according to several Holocaust experts.
"Holocaust memorials always reflect their time. Every generation has to find its own reason for memorializing," says James Young, a professor at the University of Massachusetts and the author of The Texture of Memory: Holocaust Memorials and Meaning. Older museums marking the Holocaust, such as the original Yad Vashem, built in 1957, focused on telling the survivors' stories and conveying a "sense of hope and gratitude," Young says.
Newer memorials, such as the US Holocaust Museum in Washington, which opened in 1993, often make a self-conscious attempt to universalize messages in an attempt to make them accessible to more people, he adds.
According to Michael Berenbaum, a Holocaust scholar and a consultant on the development of the Washington museum, visitors to the new museums, built roughly during the last decade, learn universal moral imperatives, such as "the importance of military ethics and of recognizing the humanity of the enemy even while undertaking action against them."
Broadening the message of the Holocaust in memorials to include the persecution of gays and lesbians during World War II or including other genocides raises some controversy.
Berenbaum worries that moving the focus away from the specific Jewish nature of the tragedy borders on "soft-core denial, by trying to call other" mass murders "Holocaust-like."
[...]
All museums want to say the Holocaust "is a terrible thing," says Deborah Lipstadt, professor of modern Jewish and Holocaust studies at Emory University and author of the recently published book History On Trial: My Day in Court With David Irving. If we know about it, "we have a better chance of preventing this from happening again. We are ensuring the future," she says.
[...]
The architecture of museums and memorials has changed to accompany contemporary attitudes.
Berenbaum says that the original Yad Vashem provided the first "model of an integrated institution; a museum that tells the story of the Holocaust, a research institution and archive, and an educational institution that teaches teachers and students the history of the Holocaust, its meaning and application to the new generation." When it came to the Washington museum, planners tried take a slightly different tack.
"There are corners that don't quite meet – the building is not supposed to reassure you," Young says. "It is constructed from brick and iron, a material reference to the Holocaust."
Lipstadt is pleased by the diversity of the visitors to the Washington museum, which she helped plan.
"I sit in the lobby and watch America pass by me," she says. "Every part of the country comes – the vast majority of visitors are non-Jewish."
She hopes this means that more people are getting an important message. "While it's important to know what happened, building an identity as victims is not who Jews are. A whole world of Jewish identity is lost: We should teach people to be Jews in spite of the Holocaust, not because of it. We have to teach them the good stuff, too."
Wednesday, May 4, 2005
History on Trial Reviewed in The Boston Globe
'Trial' digs into a Holocaust denier
By Judith L. Rakowsky, Globe Staff May 4, 2005
History on Trial: My Day in Court With David Irving, By Deborah E. Lipstadt, HarperCollins, 346 pp., illustrated, $25.95
The practice of media and academic programs offering microphones to Holocaust deniers for ''balance" prompted Emory University professor Deborah E. Lipstadt to write the 1993 book ''Denying the Holocaust: The Growing Assault on Truth and Memory."
Polls had shown the public was not buying the anti-Semitic message, and some scholars thought it better to ignore the deniers. But she decided to chronicle the movement in hopes of shining light on the more sophisticated practitioners, such as British author David Irving, who she thought capable of sowing confusion.
Lipstadt's book devoted a few paragraphs to Irving, who calls Auschwitz ''a legend." Irving says, ''More women died on the back seat of Edward Kennedy's car at Chappaquiddick than ever died in a gas chamber in Auschwitz."
Irving seized on Lipstadt's entries and used them to find his largest audience ever. He sued Lipstadt and her publisher, Penguin UK, for libel, contending he was the victim of an international conspiracy to ruin his reputation.
The suit would have quickly died in US courts, where Irving would have had to prove she lied in defaming him. But British libel law required Lipstadt and the publisher to prove her words true. That is how Lipstadt and Penguin wound up making a case for gas chambers and crematoria at Auschwitz, and for Hitler's authorship of the ''Final Solution" to exterminate European Jewry.
Lipstadt has written a gripping account of the 10-week trial, a taut page-turner reminiscent of Jonathan Harr's ''A Civil Action," and she tightly weaves complex material through a nimble narrative.
She tells the story in strict chronology, which carries the potential for bogging down the tale in pretrial tedium. But it is that preparation phase that drives home how monumental was the trial team's task. It clearly needed money for expert analysis and raised most of the $1.5 million through businessman Leslie Wexner, head of the Limited clothing chain.
The courtroom drama quenches the American reader's thirst for the idiosyncratic details -- the wigs, robes, and Byzantine procedure. Lipstadt even writes about the luncheon conversations of the trial team, down to the vintage wine from the law-firm cellar and the crustless sandwiches.
The epic legal battle was truly a lopsided duel of evidence. Irving, in his rambling turns as inquisitor and witness, tried to argue against Nazi documents that showed Hitler had read progress reports of mobile killing squads targeting Jews, and of meticulous building plans and permits for gas chambers and crematoria at Auschwitz.
But while the main contest was clear cut, Lipstadt's team had a greater challenge in showing that Irving was not a bumbling scholar prone to sloppy translations and miscalculations but an ideologue intent on obfuscation and distortion. That's how the kitchen sink of evidence came in against Irving, including a ditty he sang to his infant daughter: ''I am a baby Aryan / Not Jewish or Sectarian / I have no plans to marry / An ape or Rastafarian."
Ultimately, the British judge found the evidence ''incontrovertible that Irving qualifies as a Holocaust denier."
''Irving's treatment of the historical evidence is so perverse and egregious that it is difficult to accept that it is inadvertence. . . . He has deliberately skewed the evidence to bring it in line with his political beliefs," the judge found.
But neither Lipstadt's legal triumph nor her well-written book would silence Irving, a college dropout who casts himself as a historian. Irving solicits funds on his publisher's website, where readers can order three of his World War II books, now back in print.
By Judith L. Rakowsky, Globe Staff May 4, 2005
History on Trial: My Day in Court With David Irving, By Deborah E. Lipstadt, HarperCollins, 346 pp., illustrated, $25.95
The practice of media and academic programs offering microphones to Holocaust deniers for ''balance" prompted Emory University professor Deborah E. Lipstadt to write the 1993 book ''Denying the Holocaust: The Growing Assault on Truth and Memory."
Polls had shown the public was not buying the anti-Semitic message, and some scholars thought it better to ignore the deniers. But she decided to chronicle the movement in hopes of shining light on the more sophisticated practitioners, such as British author David Irving, who she thought capable of sowing confusion.
Lipstadt's book devoted a few paragraphs to Irving, who calls Auschwitz ''a legend." Irving says, ''More women died on the back seat of Edward Kennedy's car at Chappaquiddick than ever died in a gas chamber in Auschwitz."
Irving seized on Lipstadt's entries and used them to find his largest audience ever. He sued Lipstadt and her publisher, Penguin UK, for libel, contending he was the victim of an international conspiracy to ruin his reputation.
The suit would have quickly died in US courts, where Irving would have had to prove she lied in defaming him. But British libel law required Lipstadt and the publisher to prove her words true. That is how Lipstadt and Penguin wound up making a case for gas chambers and crematoria at Auschwitz, and for Hitler's authorship of the ''Final Solution" to exterminate European Jewry.
Lipstadt has written a gripping account of the 10-week trial, a taut page-turner reminiscent of Jonathan Harr's ''A Civil Action," and she tightly weaves complex material through a nimble narrative.
She tells the story in strict chronology, which carries the potential for bogging down the tale in pretrial tedium. But it is that preparation phase that drives home how monumental was the trial team's task. It clearly needed money for expert analysis and raised most of the $1.5 million through businessman Leslie Wexner, head of the Limited clothing chain.
The courtroom drama quenches the American reader's thirst for the idiosyncratic details -- the wigs, robes, and Byzantine procedure. Lipstadt even writes about the luncheon conversations of the trial team, down to the vintage wine from the law-firm cellar and the crustless sandwiches.
The epic legal battle was truly a lopsided duel of evidence. Irving, in his rambling turns as inquisitor and witness, tried to argue against Nazi documents that showed Hitler had read progress reports of mobile killing squads targeting Jews, and of meticulous building plans and permits for gas chambers and crematoria at Auschwitz.
But while the main contest was clear cut, Lipstadt's team had a greater challenge in showing that Irving was not a bumbling scholar prone to sloppy translations and miscalculations but an ideologue intent on obfuscation and distortion. That's how the kitchen sink of evidence came in against Irving, including a ditty he sang to his infant daughter: ''I am a baby Aryan / Not Jewish or Sectarian / I have no plans to marry / An ape or Rastafarian."
Ultimately, the British judge found the evidence ''incontrovertible that Irving qualifies as a Holocaust denier."
''Irving's treatment of the historical evidence is so perverse and egregious that it is difficult to accept that it is inadvertence. . . . He has deliberately skewed the evidence to bring it in line with his political beliefs," the judge found.
But neither Lipstadt's legal triumph nor her well-written book would silence Irving, a college dropout who casts himself as a historian. Irving solicits funds on his publisher's website, where readers can order three of his World War II books, now back in print.
Tuesday, April 19, 2005
Ventura County Star on C-SPAN Controversy
In the April 18 issue of the Ventura County Star, columnist Beverly Kelley comments on the C-SPAN controversy. Here are some excerpts:
Some opinions don't have intellectual merit
Think about a historian specializing in slavery who, because of his ability to cite journals, transcripts and other legal documents, has acquired renown as a painstaking researcher and eminent scholar. Now imagine he reaches the conclusion that slavery never really existed and that anyone who believes otherwise is perpetrating a massive fraud.
Eventually, another historian takes a look at the first historian's research. In fact, she submits every citation to intense scrutiny. What she finds is a consistent pattern of misquotation, misinterpretation and fabrication. The second historian accuses the first, in print, of manipulating evidence "in order to reach historically untenable conclusions."
The first historian, who sues the second historian for libel, loses big time. In fact, the judge's verdict not only calls the first historian a "racist" but finds that his "falsification of the record was deliberate and ... motivated by a desire to present events in a manner consistent with his own ideological beliefs even if that involved distortion and manipulation of historical evidence."
Hmm -- is all this just some sort of ethical "what if" game? No, Virginia, these events actually transpired -- all you have to do is substitute "the Holocaust" for "slavery." The name of the first historian is David Irving and the second is Deborah Lipstadt.
Now you have all the information you need to understand the raft of outraged phone calls, letters, and e-mail battering C-SPAN last month. It seems a producer thought she needed to "balance" Deborah Lipstadt's book interview with an appearance by the debunked Holocaust denier.
[...]
It's about time we realized that not every cockamamie opinion should be accorded equal intellectual merit. The C-SPAN debacle raises legitimate concerns -- has a journalist sought the truth if he merely cites opposing authorities? What factual backing is required for a viewpoint to make it to a "letters to the editor" page?
In a 1990 speech, Irving declared, "The holocaust of Germans in Dresden really happened. That of the Jews in the gas chambers of Auschwitz is an invention." In 1991, he pontificated, "More women died on the back seat of Senator Edward Kennedy's car at Chappaquiddick than died in the gas chambers of Auschwitz." Irving also maintained that Adolf Hitler played no role in the Final Solution.
Holocaust deniers would have you believe that "The Diary of Anne Frank" was actually a forgery and that concentration camp gas chambers were used for delousing. With respect to genocide statistics, these folks have whittled down the generally accepted 6 million Jews to 200,000, claiming many succumbed to disease or perished at the hands of the Allies. Despite the existence of contrary evidence galore (Germans kept impeccable accounts) they allege Zionists perpetrated the Holocaust hoax to bilk Germany out of heavy-duty reparation dollars.
[...]
On his Web site, Irving argues the C-SPAN dispute is "blind censorship, that is what this country now has to fear." It might be worth noting that in "History on Trial," Lipstadt, who is Jewish, likewise opposes censorship, not just from a freedom of speech standpoint but because it might give Holocaust deniers' nonfact based vision of history a platform. She has no objection to Irving making an appearance on C-SPAN. As a matter of principle, however, she won't debate him.
"You can convince anyone of anything if you just push it at them 100 percent of the time. They may not believe it completely, but they will still use it to form opinions, especially if they have nothing else to draw on." Do you know who said that?
Charles Manson. Think about it.
-- Beverly Kelley, who writes every other Monday for The Star, is an author ("Reelpolitik" and "Reelpolitik II") and professor in the Communication Department at California Lutheran University. Her e-mail address is kelley@clunet.edu. Visit her blog spot at beverlykelley.typepad.com/my_weblog.
Saturday, April 16, 2005
Evans in Claremont, CA (Apr. 18/05)
Prof. Richard Evans' Expert Witness Report was a key component of the defense arguments during the trial. As the following item from the April 15 issue of Inland Southern California's Press Enterprise notes, he will be giving a lecture on Monday:
Out & About
RICHARD EVANS, professor of modern history at Cambridge University lectures on "History, Truth and Memory: Reflections on the Irving-Lipstadt Libel Case," 12:15 p.m. Monday, Claremont McKenna College, Marian Miner Cook Athenaeum, 385 E. Eighth St., Claremont, free, (909) 621-8099.
Friday, April 15, 2005
Lipstadt Speaks in Philadelphia (April 17/05)
Philadelphia's The Weekly Press has a Feature Story on Prof. Lipstadt's forthcoming appearance as the keynote speaker at Greater Philadelphia's annual memorial tribute to victims of the Holocaust:
Jewish Federation of Greater Philadelphia announces memorial ceremony for the six million Jewish martyrs
Featured By Harry B. Cook
Director, Philly1.com
The Jewish Federation of Greater Philadelphia is announcing the 2005 "Memorial ceremony for the six million Jewish martyrs" in Philadelphia. The community program, which is sponsored by Federation's Memorial Committee for the Six Million Jewish Martyrs of the Jewish Community Relations Council, will be held Sunday, April 17, at 1 p.m., at the Monument to the Six Million Jewish Martyrs, located at 16th Street and Benjamin Franklin Parkway.
The memorial ceremony is Greater Philadelphia's yearly tribute to the victims of the Nazi Holocaust. The theme of this year's ceremony is "60 Years Since Liberation: Remembering the Holocaust."
Dr. Deborah E. Lipstadt, Dorot Professor of Modern Jewish and Holocaust Studies at Emory University and the author of "History on Trial," the story of her successful libel trial against Holocaust denier David Irving, will be this year's keynote speaker. The commemoration will include a tribute to local liberators of the concentration camps, a memorial candle-lighting ceremony, children's march and wreath-laying procession, greetings from area leaders, and musical selections by violinist Philip Kates of The Philadelphia Orchestra and the Temple Sinai Junior Choir under the direction of Cantor Stephen Freedman. Cantor Isaac Horowitz of Congregation Sons of Israel will chant the Memorial Prayer.
"History on Trial," published in 2005, is the story of Dr. Lipstadt's successful libel trial in London against David Irving, who sued her for calling him a Holocaust denier and right wing extremist. Her legal battle with Irving lasted five years. The judge ruled that Irving was a Holocaust denier, falsifier of history, racist, an anti-Semite and a liar. In July 2001, Irving's appeal of the judgment against him was resoundingly rejected.
Dr. Lipstadt has served as a historical consultant to the U.S. Holocaust Memorial Museum and on its Memorial Council. From 1996-1999 she was a member of the U.S. State Department Advisory Committee on Religious Freedom Abroad, serving as an advisor on matters of religious persecution. She has also written "Denying the Holocaust, The Growing Assault on Truth and Memory" (1993), the first full length study of those who attempt to deny the Holocaust, and "Beyond Belief: The American Press and the Coming of the Holocaust" (1986), which addressed the issue of what the American public knew about the Holocaust and when they knew it. The recipient of numerous teaching awards and honors, Dr. Lipstadt is frequently called upon by the media as a commentator and consultant. She is a regular contributor to many newspapers in the United States and London.
In the event of rain, the ceremony will be held at Temple Beth Zion-Beth Israel, 300 South 18th Street. For further information, call JCRC at 215-832-0650.
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