“ Irving has made claims that the Jews deserve to be disliked; that they brought the Holocaust on themselves; that Jewish financiers are crooked; that Jews generate anti-semitism by their greed and mendacity; that it is bad luck for Mr Wiesel to be called ‘Weasel’; that Jews are amongst the scum of humanity; that Jews scurry and hide furtively, unable to stand the light of day ”

“ The charges which I have found to be substantially true include the charges that Irving has for his own ideological reasons persistently and deliberately misrepresented and manipulated historical evidence; that for the same reasons he has portrayed Hitler in an unwarrantedly favourable light, principally in relation to his attitude towards and responsibility for the treatment of the Jews; that he is an active Holocaust denier; that he is anti-semitic and racist and that he associates with right wing extremists who promote neo-Nazism. ”

“ In the end, the task for an historian is to weigh the evidence of the absence of signs of holes in the roof of the morgue against the opposing evidence that there were chimneys running through the roof. In my view van Pelt is right in his opinion that it is after so many years difficult to verify whether or not holes at one time existed in a roof which collapsed as long ago as 1944. It is unclear how much of the roof can be seen in the photograph on which Irving relies. The roof is in a bad state, so that it is hard to tell if there were holes in it. ”

“ It was the first occasion on which there was mass destruction of Jewish property and wholesale violence directed at Jews across the whole of Germany. As an historian of the Nazi regime, it was therefore important for Irving to analyse with care the evidence how that violence came about and what role was played by Hitler. ”

“ For their part the Defendants recognise that it is incumbent on them to establish, according to the appropriate standard of proof, that the misrepresentation and falsification were motivated by Irving’s ideological beliefs or prejudices. In this context, I shall consider the submission made by Irving that he has been guilty, at worst, of making errors in his handling of the historical record. As I will explain in assess Irving’s motivation, I will also take into account the evidence of the public statements by Irving in which he allegedly denied the Holocaust ”

“ The third is that, as Irving explicitly accepted, Hitler cannot have remained in ignorance of the extermination programme after October 1943. In the light of those propositions it is legitimate to formulate the question in this way: does the evidence establish or suggest that, whilst he approved of the genocidal policy of shooting Jews in the East, Hitler did not approve or sanction the genocidal use of the gas chambers at the Reinhard camps over the months from December 1941 until October 1943, and was also kept in ignorance that gassing on that scale was taking place. ”

“ The shooting of the Jews in Riga (paragraphs 5.111-122)
13.24 An objective historian is obliged to be even-handed in his approach to historical evidence: he cannot pick and choose without adequate reason. I consider that there is justification for the Defendants’ complaint that Irving was not even-handed in his treatment in Hitler’s War of the account given by General Bruns of the shooting of thousands of Jews in Riga. Irving appears readily to accept that part of Bruns’s account which refers to Altemeyer bringing him an order which prohibited mass shootings from taking place in the future. ”

“ But I do consider the Defendants’ criticism to be well-founded that Irving presents the Schlegelberger note as decisive and incontrovertible evidence (see Hitler’s War at p464) when, as he should have appreciated, there are powerful reasons for doubting that it has the significance which he attaches to it. Irving’s perception of the importance of the note appears to take no account of the mass murder of the Jews which took place soon afterwards. ”

“ The content of his speeches and interviews often displays a distinctly pro-Nazi and anti-Jewish bias. He makes surprising and often unfounded assertions about the Nazi regime which tend to exonerate the Nazis for the appalling atrocities which they inflicted on the Jews. He is content to mix with neo-fascists and appears to share many of their racist and anti-semitic prejudices. The picture of Irving which emerges from the evidence of his extra-curricular activities reveals him to be a right-wing pro-Nazi polemicist. ”

“ Gas chambers for fumigation purposes or to serve as air raid shelters
13.84 I have no doubt that Irving is right that there was throughout a need to have fumigation facilities at the camp. There is documentary evidence of concern about the effect on the labour supply of prevailing mortality levels. As van Pelt accepted, ovens would have been required to cremate the large number who succumbed to disease. But in my judgment there is ample evidence which would have convinced an objective commentator that there were also gas chambers which were put to use to kill humans. ”

“ I am not persuaded that there is any valid explanation for Irving’s change of heart about the genuineness of the document. Indeed in a memorandum written shortly after he obtained his copy of TB47 Irving expressed distinct reservations about its authenticity and the accuracy of the figures contained in it. In these circumstances it was in my view incumbent of Irving, as a responsible historian, to treat the document with extreme caution. He should have verified the provenance of the document with Funfack and with anyone else in a position to assist. ”

“ The Defendants made no attempt to prove the truth of Lipstadt’s claim that Irving was scheduled to speak at an anti-Zionist conference in Sweden in 1992, which was also to be attended by various representatives of terrorist organisations such as Hezbollah and Hammas. Nor did they seek to justify Lipstadt’s claim that Irving has a self-portrait by Hitler hanging over his desk. Furthermore the Defendants have, as I have held, failed in their attempt to justify the defamatory imputations made against Irving in relation to the Goebbels diaries in the Moscow archive. ”

“ The real issue is whether their deportation was a prelude to their extermination and, if so, on what scale such extermination took place.
The scale on which Jews were gassed to death camps including the Reinhard Camps but excluding Auschwitz (paragraphs 6.73-144 above)
13.60 There is no dispute that the use by the Nazis of gas to kill human beings had its origins in the euthanasia programme. When that ended, the gas vans were diverted to the Eastern territories where (as Irving accepts) they were used to kill healthy Jews in substantial numbers. ”

“ This is unsurprising for anti-semitism is a form of racism. It appears to me that the sample quotations set out in paragraph 9.6 above provide ample evidence of racism. The ditty composed by Irving for his daughter is undeniably racist in putting into her mouth the words “I am a Baby Aryan ...I have no plans to marry an Ape or Rastifarian”. Similarly, Irving’s reference to “one of them” reading the television news strikes me as evidence of racism of a more insidious kind. The same applies to Irving’s proclaimed queasiness on seeing black men playing cricket for England. ”

“ There is no evidence that Hitler “summoned” Himmler to his headquarters and “obliged” him to telephone to Heydrich an order that Jews were not to be liquidated.
13.22 Whilst I accept that an historian is entitled to speculate, he must spell out clearly to the reader when he is speculating rather than reciting established facts. In Hitler’s War (1977 edition) Irving presents Himmler’s note as “incontrovertible evidence” that Hitler issued a general order prohibiting the liquidation of Jews. ”

“ They are all right-wing extremists. I have no doubt that most, if not all of them, are neo-Nazis who deny the Holocaust and who are racist and anti-semitic. I also have no doubt that Irving was aware of their political views. His association with such individuals indicates in my judgement that Irving shares many of their political beliefs. ”

“ If (as Irving claims) his remark about Wiesenthal was a joke, it was an anti-semitic joke.
13.104 I have more sympathy for Irving’s argument that Jews are not immune from his criticism. He said that he was simply expressing legitimate criticisms of them. Irving gave as an example what he claimed was his justified criticism of the Jews for suppressing his freedom of expression. Another legitimate ground of criticism might be the manner in which Jews in certain parts of the world appear to exploit the Holocaust. I agree that Jews are as open to criticism as anyone else. ”

“ The “convergence” of evidence
13.72 The case for the Defendants, summarised above, is that there exists what van Pelt described as a “convergence” of evidence which is to the ordinary, dispassionate mind overwhelming that hundreds of thousands of Jews were systematically gassed to death at Auschwitz, mainly by the use of hydrogen cyanide pellets called Zyklon-B. I have set out at paragraphs 7.15 to 7.74 above the individual elements which make up that convergence of evidence. ”

“ It is possible to employ members of ethnic minorities and yet hold racist views. I do not accept that the statements relied on by the Defendants can be defended as expressions of patriotic sentiments. I reject Irving’s explanations, set out at paragraphs 9.19 and 9.21 above, of his comments about the spread of AIDS in Africa and about the feeling of humiliation he experienced when his passport was checked at Heathrow by a Pakistani. ”

“ What is more significant is that Leuchter assumed, wrongly as Irving agreed, that a greater concentration of cyanide would have been required to kill humans than was required to fumigate clothing. In fact the concentration required to kill humans is 22 times less than is required for fumigation purposes. ”

“ Finally there are claims by him that the gas chambers were a lie invented by British intelligence.
13.94 In addressing the question whether Irving is justifiably described as Holocaust denier, I make allowance for the fact that, when addressing live audiences as opposed to writing history books, Irving needed to hold the attention of his audience by expressing himself in a vivid and colourful style. I agree that it is necessary to take care to ensure that Irving is not quoted out of context. I accept that merely to question aspects of the Holocaust does not make a person a Holocaust denier. ”

“ He is beyond question able and intelligent. He was invariably quick to spot the significance of documents which he had not previously seen. Moreover he writes his military history in a clear and vivid style. ”

“ It cannot of course be held against Irving that on occasion by happenstance he has found himself at the same meeting, or even on the same platform, as some acknowledged extremist. It is a question of the degree of association.
13.111 Funke in his report made reference to a bewildering array of organisations and individuals. He devoted many pages to a close analysis of the links and relationships between political bodies and the overlap in their policies. But Irving’s association with many of those organisations is tenuous to say the least. ”

“ Those that do are at best equivocal. It appears to me to be perverse to interpret Himmler’s compromising letter to Berger of 28 July 1942 as referring to deportation. Objective consideration of that document suggests strongly that the responsibility with which Himmler said he had been entrusted by Hitler was the implementation of the policy of exterminating the Jews. I accept the conclusion of Evans that the chain of documents does little to justify or excuse Irving’s portrayal of Hitler’s views on the Jewish question. ”

“ The alleged risk of damage to the plates
13.134 It is clear to me that, according to what Lipstadt wrote in Denying the Holocaust and the Summary of the Defendants’ case, her allegation was that the risk of damage arose on the occasion of the second removal of plates from the archive. According to Lipstadt, it was the transport of the plates to England and the testing which took place here, followed by the return journey to Moscow, which gave rise to the risk of damage. It was this which caused “serious concern in archival circles” about significant damage to the plates. ”

“ The deportation of the Jews (paragraphs 6.60-67 above)
13.59 As I have already indicated, there is little dispute between the parties that the policy of deportation emerged and evolved along the lines described in the report of Longerich. I have already rejected Irving’s argument that the evidence, whether in the form of the Schlegelberger note or otherwise, supports his contention that in early 1942 Hitler decided that the entire Jewish question should be postponed until after the war. ”

“ Nor does Irving mention that the order apparently stated that the shootings were to be carried out “more discreetly”. In other words the shooting was to continue. Moreover Irving ignores Bruns’s earlier reference to Altemeyer telling him of an order that the Berlin Jews were to be shot in accordance with Hitler’s orders. My conclusion is that in these respects Irving has perverted the sense of Bruns’s account. I was unpersuaded by the explanation offered by Irving for his treatment of this evidence. ”