by Robert Faurisson On May 13, 1988, Ernst Zündel was sentenced by Judge Ronald Thomas of the District Court of Ontario, in Toronto, to nine months in prison for having distributed a Revisionist booklet that is now 14 years old: Did Six Million Really Die? Ernst Zündel and attorney Ernst Zündel lives in Toronto where, up until a few years ago, he worked as a graphic artist and advertising man. He is now 49 years old. A native of Germany, he has kept his German citizenship. [Editor’s note: Images have been…
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The Zundel Trials (1985 and 1988) August 5, 2015 James Fetzerblog by Robert Faurisson On May 13, 1988, Ernst Zündel was sentenced by Judge Ronald Thomas of the District Court of Ontario, in Toronto, to nine months in prison for having distributed a Revisionist booklet that is now 14 years old: Did Six Million Really Die? Ernst Zündel and attorney Ernst Zündel lives in Toronto where, up until a few years ago, he worked as a graphic artist and advertising man. He is now 49 years old. A native of Germany, he has kept his German citizenship. [Editor’s note: Images have been added here for republication. I personally interviewed Ernst Zundel on “The Real Deal” (August 3, 2012), which you can listen to here: the Zundel interview.] His life has known serious upsets from the day when, in about 1981, he began to distribute Did Six Million Really Die?, a Revisionist booklet by Richard Harwood. The booklet was first published in 1974 in Great Britain where, a year later, it was the focus of a lengthy controversy in the literary journal Books and Bookmen. At the instigation of the Jewish community of South Africa, it was later banned in that country. In Canada, during an earlier trial in 1985, Zündel had been sentenced to 15 months in prison. That sentence was thrown out in 1987. A new trial began on January 18, 1988. I participated in the preparations for it and in the unfolding of those judicial proceedings. I devoted thousands of hours to the defense of Ernst Zündel. François Duprat: A Precursor François Duprat On 1967, François Duprat published an article on “The Mystery of the Gas Chambers” (Défense de l’Occident, June 1967, pp. 30-33). He later became interested in the Harwood booklet and became actively involved in its distribution. On March 18, 1978, he was killed by assassins armed with weapons too complex not to belong to an intelligence service. Responsibility for the assassination was claimed by a “Remembrance Commando” and by a “Jewish Revolutionary Group” (Le Monde, March 23, 1978, p. 7). Patrice Chairoff had published Duprat’s home address in the Dossier Néo-Nazisme. He justified the assassination in the pages of Le Monde (April 26, 1978, p. 9) by citing the victim’s Revisionism: “François Duprat is responsible. There are some responsibilities that kill.” In Le Droit de vivre, the publication of the LICRA (International League Against Racism and Anti-Semitism), Jean Pierre-Bloch expressed an ambiguous position: he criticized the crime but, at the same time, he let it be understood that he had no pity for those who, inspired by the victim, would start out on the Revisionist path (Le Monde, May 7-8, 1978). Pierre Viansson-Ponté Pierre Viansson-Ponté Eight months before Duprat’s assassination, journalist Pierre Viansson-Ponté had launched a virulent attack against the Harwood pamphlet. His chronicle was entitled: “Le Mensonge” (The Lie), (Le Monde, July 17-18, 1978, p. 13). It was reprinted with an approving commentary in Le Droit de vivre. Six months after the assassination, Viansson-Ponté took up the attack once more in “Le Mensonge” (suite) (The Lie-Continued) (Le Monde, September 34, 1978, p.9). He passed over the assassination of Duprat in silence, made public the names and home towns of three Revisionist readers, and called for legal repression against Revisionism. Sabina Citron Versus Ernst Zündel Sabina Citron In 1984, Sabina Citron, head of the Holocaust Remembrance Association, stirred up violent demonstrations against Ernst Zündel in Canada. An attack was made on Zündel’s home. The Canadian postal service, treating Revisionism the way it treats pornography, refused him all service and all right to receive mail. Zündel only recovered his postal rights after a year of judicial procedures. In the meantime, his business has failed. At the instigation of Sabina Citron, the Attorney General of Ontario filed a complaint against Zündel for publishing a “false statement, tale or news.” The charge was based on the following reasoning: the defendant had abused his right to freedom of expression; by distributing the Harwood pamphlet, he was spreading information that he knew was false; in fact, he could not fail to be aware that the “genocide of the Jews” and the “gas chambers” were an established fact. Zündel was also charged with publishing an allegedly “false” letter, which he had written himself. The First Trial (1985) The Harwood booklet The first trial lasted seven weeks. The jury found Zündel not guilty regarding the letter he had himself written but guilty of distributing the Harwood booklet. He was sentenced by Judge Hugh Locke to 15 months in prison. The German consulate in Toronto confiscated his passport and the West German government prepared a deportation action against him. In Germany itself, West German authorities had already carried out a series of large-scale police raids on the houses of all his German correspondents. In 1987, the United States forbade him entry to its territory. But in spite of all that, Zündel had won a media victory: day after day, for seven weeks, the entire English- speaking Canadian media covered the trial, with its spectacular revelations. The public learned that the Revisionists had first class documentation and arguments, while the Exterminationists were in desperate straits. Their Expert: Raul Hilberg Raul Hilberg The prosecution expert in the first trial was Raul Hilberg, an American professor of Jewish descent and author of the standard reference work, The Destruction of the European Jews (1961), which Paul Rassinier discussed in Le Drame des Juifs européens (The Drama of the European Jews). Hilberg began his testimony by explaining, without interruption, his theory about the extermination of the Jews. He was then cross-examined by Zündel’s lawyer, Douglas Christie, who was assisted by Keltie Zubko and myself. Right from the start it was clear that Hilberg, who was the world’s leading authority on the Holocaust, had never examined a single concentration camp, not even Auschwitz. He had still not examined any camp in 1985 when he announced the imminent appearance of a new edition of his main work in three volumes, revised, corrected and augmented. Although he did visit Auschwitz in 1979 for a single day as part of a ceremonial appearance, he did not bother to examine either the buildings or the archives. In his entire life he has never seen a “gas chamber,” either in its original condition or in ruins. (For a historian, even ruins can tell tales). On the stand he was forced to admit that there had never been a plan, a central organization, a budget or supervision for what he called the policy of the extermination of the Jews. He also had to admit that since 1945 the Allies have never carried out an expert study of “the weapon of the crime,” that is to say of a homicidal gas chamber. No autopsy report has established that even one inmate was ever killed by poison gas. Douglas Christie Hilberg said that Hitler gave orders for the extermination of the Jews, and that Himmler gave an order to halt the extermination on November 25, 1944 (such detail!). But Hilberg could not produce these orders. The defense asked him if he still maintained the existence of the Hitler orders in the new edition of his book. He dared to answer yes. He thereby lied and even committed perjury. In the new edition of his work (with a preface dated September 1984), Hilberg systematically deleted any mention of an order by Hitler. (In this regard, see the review by Christopher Browning, “The Revised Hilberg,” Simon Wiesenthal Center Annual, 1986, p. 294). When he was asked by the defense to explain how the Germans had been able to carry out an undertaking as enormous as the extermination of millions of Jews without any kind of plan, without any central agency, without any blueprint or budget, Hilberg replied that in the various Nazi agencies there had been “an incredible meeting of minds, a consensus mind-reading by a far-flung bureaucracy.” Witness Arnold Friedman Arnold Friedman The prosecution counted on the testimony of “survivors.” These “survivors” were chosen with care. They were supposed to testify that they had seen, with their own eyes, preparations for and the carrying out of homicidal gassings. Since the war, in a series of trials like those at Nuremberg (194546), Jerusalem (1961), or Frankfurt (1963-65), such witnesses have never been lacking. However, as I have often noted, no lawyer for the defense had ever had the courage or the competence necessary to cross-examine these witnesses on the gassings themselves. For the first time, in Toronto in 1985, one lawyer, Douglas Christie, dared to ask for explanations. He did it with the help of topographical maps and building plans as well as scholarly documentation on both the properties of the gases supposedly used and also on the capacities for cremation, whether carried out in crematory ovens or on pyres. Not one of these witnesses stood the test, and especially not Arnold Friedman. Despairing of his case, he ended by confessing that he had indeed been at Auschwitz-Birkenau (where he never had to work except once, unloading potatoes), but that, as regards gassings, he had relied on what others had told him. Witness Rudolf Vrba Witness Rudolf Vrba was internationally known. A Slovak Jew imprisoned at Auschwitz and at Birkenau, he said that he had escaped from the camp in April 1944 with Fred Wetzler. After getting back to Slovakia, he dictated a report about Auschwitz and Birkenau, and on their crematories and “gas chambers.” With help from Jewish organizations in Slovakia, Hungary and Switzerland, his report reached Washington, where it served as the basis for the U.S. Government’s famous “War Refugee Board Report,” published in November 1944. Since then every Allied organization charged with the prosecution of “war crimes” and every Allied prosecutor in a trial of “war criminals” has had available this official version of the history of those camps. Rudolf Vrba Vrba later became a British citizen and published his autobiography under the title of I Cannot Forgive. This book published in 1964, was actually written by Alan Bestic, who, in his preface, testified to the “considerable care [by Rudolf Vrba] for each detail” and to the “meticulous and almost fanatic respect he revealed for accuracy.” On November 30, 1964, Vrba testified at the Frankfurt Auschwitz trial. Then he settled in Canada and became a Canadian citizen. He has been featured in various films about Auschwitz, particularly Shoah by Claude Lanzmann. Everything went well for him until the day at the Zündel trial in 1985 when he was cross-examined mercilessly. He was then shown to be an impostor. It was revealed that he had completely made up the number and location of the “gas chambers” and the crematories in his famous 1944 report. His 1964 book opened with a purported January 1943 visit by Himmler to Birkenau to inaugurate a new crematorium with “gas chamber.” Actually, the last visit by Himmler to Auschwitz took place in July of 1942, and in January 1943 the first of the new crematories was still far from finished. Thanks, apparently, to some special gift of memory (that he called “special mnemonic principles” or “special mnemonical method”) and to a real talent for being everywhere at once, Vrba had calculated that in the space of 25 months (April 1942 to April 1944) the Germans had “gassed” 1,765,000 Jews at Birkenau alone, including 150,000 Jews from France. But in 1978, Serge Klarsfeld, in his Memorial to the Deportation of the Jews from France, had been forced to conclude that, for the entire length of the war, the Germans had deported a total of 75,721 Jews from France to all their concentration camps. Serge Klarsfeld The gravest aspect of this is that the figure of 1,765,000 Jews “gassed” at Birkenau had also been used in a document (L-022) at the main Nuremberg trial. Attacked on all sides by Zündel’s lawyer, the impostor had no other recourse than to invoke, in Latin, the “licentia poetarum,” or “poetic license,” in other words, the right to engage in fiction. His book has just been published in France (1987); this edition is presented as a book by “Rudolf Vrba with Alan Bestic.” It no longer includes the enthusiastic preface by Alan Bestic, and the short introduction by Emile Copfermann notes that “with the approval of Rudolf Vrba the two appendices from the English edition have been removed.” Nothing is said about the fact that those two appendices had also caused Vrba serious problems in 1985 at the Toronto trial. The Second Zündel Trial (1988) Judge Hugh Locke In January 1987, a five-judge appeals court decided to throw out the 1985 verdict against Ernst Zündel for some very basic reasons: Judge Hugh Locke had not allowed the defense any influence in the jury selection process and the jury had been misled by the judge on the very meaning of the trial. As for me, I have attended many trials in my life, including some carried out in France during the period of the “Purge” at the end and after World War II. Never have I encountered a judge so partial, autocratic and violent as Judge Hugh Locke. Anglo-Saxon law offers many more guarantees than French law but it only takes one man to pervert the best of systems. Judge Locke was such a man. The second trial began on January 18, 1988, under the direction of Judge Ronald Thomas, who is a friend, it seems, of Judge Locke. Judge Thomas was often angry and was frankly hostile to the defense, but he had more finesse than his predecessor. Judge Ronald Thomas The ruling by the five-judge appeal court also inhibited him somewhat. Judge Hugh Locke had imposed numerous restrictions on free expression by the witnesses and experts for the defense. For example, he forbade me to use any of the photos I had taken at Auschwitz. I had no right to use arguments of a chemical, cartographical, or architectural nature (even though I had been the first person in the world to publish the plans for the Auschwitz and Birkenau crematories). I was not allowed to talk about either the American gas chambers or the aerial reconnaissance photos of Auschwitz and Birkenau. Even the testimony of the eminent chemist William Lindsey was cut short. Judge Ronald Thomas did allow the defense more freedom, but at the outset of the trial, he made a decision, at the request of the prosecution, that would tie the hands of the jury. Judge Thomas’Judicial Notice In Anglo-Saxon law, everything must be proved except for certain absolutely indisputable evidence (“The capital of Great Britain is London,” “day follows night”… ) The judge can take “judicial notice” of that kind of evidence at the request of one or the other of the contending parties; Prosecuting Attorney John Pearson asked the judge to take judicial notice of the Holocaust. That term then has to be defined. It is likely that, had it not been for the intervention of the defense, the judge could have defined the Holocaust as it might have been defined in 1945-46. At that time, the “genocide of the Jews” (the word “Holocaust” was not used) could have been defined as “the ordered and planned destruction of six million Jews, in particular by the use of gas chambers.” Raymond Aron The problem for the prosecution was that the defense advised the judge that, since 1945-46, there have been profound changes in the understanding of Exterminationist historians about the extermination of the Jews. First of all, they no longer talk about an extermination but about an attempted extermination. They have also finally admitted that “in spite of the most scholarly research” (Raymond Aron, Sorbonne Convention, 2 July 1982), no one has found any trace of an order to exterminate the Jews. More recently, there has been a dispute between the “intentionalists” and the “functionalists.” Both agree that they have no proof of any intent to exterminate, but “intentionalist” historians nevertheless believe that one must assume the existence of that intent, while “functionalist” historians believe that the extermination was the result of individual initiatives, localized and anarchic: in a sense, the activity created the organization! Finally, the figure of six million was declared to be “symbolic” and there have been many disagreements about the “problem of the gas chambers.” Obviously surprised by this flood of information, Judge Ronald Thomas decided to be prudent and, after a delay for reflection, decided on the following definition; the Holocaust, he said, was “the extermination and/or mass-murder of Jews” by National Socialism. His definition is remarkable for more than one reason. We no longer find any trace of an extermination order, or a plan, or “gas chambers,” or six million Jews or even millions of Jews. This definition is so void of all substance that it no longer corresponds to anything real. One cannot understand the meaning of “mass-murder of Jews.” (The judge carefully avoided saying “of the Jews”.) This strange definition is itself a sign of the progress achieved by Historical Revisionism since 1945. Raul HilbergRefuses to Appear Again John Pearson One misfortune awaited Prosecutor John Pearson: Raul Hilberg, in spite of repeated requests, refused to appear again. The defense, having heard rumors of an exchange of correspondence between Pearson and Hilberg, demanded and got the publication of the letters they exchanged and in particular of a “confidential” letter by Hilberg which did not hide the fact that he had some bitter memories of his cross-examination in 1985. He feared being questioned again by Douglas Christie on the same points… truncated (39,448 more characters in archive)