Irving v. Lipstadt
Defense Documents
[The Van Pelt Report]: Electronic Edition, by Robert Jan van Pelt
| XI. Irving Adrift (1993 ... > |
X Auschwitz and David Irving (1977 - 1988 -1992)
He wears his faith but as the fashion of his hat.Shakespeare, Much Ado About Nothing.
Irving came to Holocaust denial late, and through the backdoor. In his Hitler's War (1977), he developed the startling theory that while the Holocaust had happened, it had been enacted by Himmler behind Hitler's back and not only without his permission, but even in violation of his express wish that the Jews would be spared. In the original edition of the book, Irving made a number of references to the role of Auschwitz as an extermination camp. Writing about the spring of 1942, Irving stated that the Germans began to round up Jews in France, Holland, Belgium and Slovakia. A few paragraphs later Irving noted in the summer of 1942 Himmler threw the "murder machinery into top gear."
Writing about the Hungarian Action in 1944, when more than 400,000 Jews were deported to Auschwitz, Irving noted that "[i]n Auschwitz, the defunct paraphernalia of death--idle since late 1943--began to clank again as the first trainloads from Hungary arrived."828 Yet this time the policy of concealment was to fail. "Himmler's ghastly secret was coming out, for two Slovak Jews had escaped from Auschwitz extermination camp, and their horrifying revelations were published in two reputable Swiss newspapers in early July."829
From Hans Frank's Generalgouvernement of Poland too--beginning with the ghettos of Lublin--the Jews set out eastward under the direction of one of the cruellest SS leaders, Brigadier Odilo Globocnik, the Trieste-born former Gauleiter of Vienna. Upon arrival in Auschwitz and Treblinka, four in every ten were pronounced fit for work; the rest were exterminated with a maximum of concealment.826
On July 19, three days after seeing Hitler, Himmler ordered the "resettlement" of the entire Jewish population of the Generalgouvernement to be completed by the last day of 1942. Each day after July 22 a trainload of five thousand Jews left Warsaw for the extermination center at Treblinka; each week two trains left Przemysl for the center at Belzec.827
Hitler's War attracted the attention of Holocaust deniers. In July 1978, John Tiffany, editorial assistant of the Noontide Press (the book-publishing arm of the Institute for Historical Review), wrote Irving that he considered Irving's "tremendous" book a "tour de force," and that therefore the press had ordered a quantity for resale. Tiffany recommended the press's other offerings to Irving's attention, offering him a free copies of The Myth of the Six Million, Butz's Hoax of the 20th Century, and Rassinier's Debunking the Genocide Myth.830 In early 1980 Irving received an invitation from the director of the Institute for Historical Review, Lewis Brandon, to speak at the 1980 Revisionist Conference, which was to be dedicated to the memory of Paul Rassinier.831 Enclosed with the invitation was the programme of the 1979 conference, which included lectures by Arthur Butz, Udo Walendy, and Robert Faurisson.832 Irving hesitated. In his reply, he stated that "I would have to condition my acceptance of your very kind invitation on
knowing who else would participate."
Of course, I have no desire to limit your own scope, but for reasons you will probably perceive I cannot speak on the same platform as for example Walendy or Butz. This is pure Realpolitik on my part: I am already dangerously exposed, and I cannot take the change of being caught in Flak meant for others!833
Brandon replied enthusiastically: neither Butz nor Walendy were going to be invited, but Faurisson was mentioned as a back-up speaker. Irving had doubts. He scribbled behind Faurisson's name "on Auschwitz track à le Butz."834 In the end, Irving did not attend the conference.
One of those who did was a certain Mark Weber, who held a master's degree in central European history from Indiana University, and who worked as a freelance translator in the Washington DC area. In the years that followed, he was become one of the central figures on the revisionist scene. Weber was at the time working on a book entitled The Final Solution: Legend and Reality. In a working outline, dated May 1981, Weber proposed a book that was to have as its central thesis: "There was no official German policy to exterminate the Jews of Europe. Six million Jews not killed."835 If completed, the ten chapter book was to provide the most coherent attempt to write a negationist counter-account of the Holocaust. Most importantly, the outline mentioned under the heading Forward {sic!]: "David Irving has conditionally consented to write this."836
While Irving was not (yet) prepared to be too publicallly associated with well-
know Holocaust deniers, he did establish an ungoing commercial relationship with the Institute for Historical Review. The institute became the American distributor of some of Irving's books, and from one thing came another: finally, in 1983, Irving caved in and agreed to attend the by now International Revisionist Conference--sharing the platform with, among others, Robert Faurisson and Wilhlem Stägich.. In his lecture entitled "On Contemporary History and Historiography," Irving presented the thesis he had developed in his Hitler's War. Hitler was "so busy being a soldier that he didn't really pay too much attention to what crimes may or may not have been going in in various far-flung parts of the Reich." And he added the following remark: At this time Irving was not yet prepared to state that the gaschambers of Auschwitz were built by the Poles, after the war.
I'm not going to go into the controversy here about the actual goings-on inside Auschwitz, or the other extermination camps or concentration camps. We do know in the meantime that Dachau is a legend, that everything that people found in Dachau was in fact installed there by the Americans after the war--rather like Disneyland--for their local people to go and be impressed by German Schrecklichkeit.837
At the 1983 conference, Irving met Faurisson for the first time, before his lecture. After Irving's lecture, Faurisson challenged Irving to prove the fact that a Holocaust had happened, but behind Hitler's back. A journalist who was present wrote this about it. Therefore Faurisson was forced to communicate to Irving through the Journal for Historical Review. In an article entitled "A Challenge to David Irving," Faurisson observed that Irving had been willing to share his opinions on historical matters he admitted not to have studied. For once, it is not difficult to agree with Faurisson. The latter proceeded with attacking the various statements Irving had made in which he had admitted to various liquidations done at various locations by various criminal elements of various ethnic backgrounds without direct orders from above. As to Irving's account of the extermination procedures, Faurisson observed that it contained "too much metaphysics, not enough materialism."840 And thus Faurisson counselled that it was time for Irving to begin at the beginning. The latter has remarked that he suspected "there was some kind of major crime going on at the
initiative of the local criminals on the sport." This is what Faurisson had to say about it.
Opponents of this heresy [of revisionism] will be heartened to learn how riven with schisms the young upstart already is. For instance, Robert Faurisson opened his talk with a critical response to David Irving. "Dahveed Earveeng sze, Eatlair deent know wot appen at Auschwitz. I esk Dahveed Earveeng, whot appent at Auschwitz???," he chided in a real "Com with' me to zee Casbah" French accent.
Irving had already departed....838
Irving has the honesty to advise us that, in fact, he has not studied the particular aspect of the history of the Second World war that some call the "Holocaust." With some insistence he repeated that about the "Holocaust " specifically he only has some "feelings." He said that in his mind there has been formed a certain impression of what "probably" took place. He does not for a moment attack the revisionist authors. He does not act like those persons who issue denunciations of the revisionists that are more and more categorical in proportion to the extent that they have not studied the question. However, even a David Irving sometimes gives in to the temptation to maintain opinions that, from his own point of view, he ought not to maintain since he has not studied the question.839
Here is my response to David Irving: "You are right to be suspicious. In historical investigation suspicion is the beginning of wisdom. But what you consider to be in some sense a finishing line, a line which must be maintained in order to continue the inquiry, I consider to be the starting line. Start with that suspicion if you wish, but do not stop there. Let that suspicion be a stimulus for an investigator like you. Do not hesitate to question it when you need to. You yourself frankly say that you 'haven't investigated that particular aspect of history.' You even say you 'haven't got into that.' Let someone like me, who has gotten into that subject for many long years and who has conducted some investigations which few others have conducted, investigations as materialist in character as possible, let me tell you that the moment has come for a historian of your importance to get into the subject and to study it for yourself in your own fashion."841
Faurisson's intellectual argument proved not sufficient by itself. As with so many others, the Zündel case, which was to unite Faurisson's agenda with Zündel's showmanship, was to provide the catalyst in Irving's conversion to Holocaust denial. Irving came in contact with Zündel in 1984 when the latter began to prepare for his first trial. Zündel sent Irving material, and asked if he were prepared to testify. Irving responded that he was following the development of the case with interest, and that he could be persuaded to go. In the end Zündel did not take up Irving on his offer.
In reply to your handwritten inquiry: I would be willing to attend the trial in Toronto as an expert witness, if so invited; you may be aware that my affidavit in the case against Dr Kausch in Hanover W. Germany resulted in his reinstatement in his school director's job. I am also to be called as a witness in the Heidemann "Hitler Diaries" trial. My fee for attendance at Toronto, assuming a presence there not exceeding three days, would be $1,000(US), plus return airfare via New York (cheaper than direct) and hotel accommodation. I am sure you are aware that in some respects my evidence may be disadvantageous, but on balance
it would help.842
In a pioneering study on Holocaust Denial written at this time, Irving was already included, as a "soft" variant of the phenomenon. Gill Seidel devoted a whole section to him in her 1986 study The Holocaust Denial: Antisemitism, Racism & the New Right, judging that "David Irving makes a very decisive contribution to the 'soft revisionist' literature on the second world war."
His sober writing contains nothing of the vulgar racism which permeates the pamphlets of McLaughlin and Harwood. He does not deny the Holocaust. He does not suggest that the Jews were responsible for the war. Rather, from documentary scraps and by editing documents, Irving claims that Hitler knew nothing of the "Final Solution", and that his aides carried out the killings behind his back.843
Yet as Seidel's book appeared, Irving began to move closer to the position occupied by hard-core Holocaust deniers. In a lecture entitled "Censorship of History," given in Runneymead, Australia, Irving went out of his way to challenge the evidential importance of the appalling situation in the concentration camps revealed in the Spring of 1945. According to Irving, "the starvation, the epidemics, the typhoid had only broken out in the last two or three weeks of the war." And it was not the Germans, but the allies who were to be partly blamed.
We have to admit probably that we the British and the Americans were partially responsible, at least partially responsible for their misfortune. Because we vowed deliberate bombing of the transportation networks, deliberate bombardation, bombarding the German communications, by deliberate destruction of the
German pharmaceutical industry, medicine factories. We had deliberately created the conditions of chaos inside Germany. We had deliberately created the epidemics, and the outbreaks of typhus and other diseases, which led to those appalling scenes that were found at their most dramatic in the enclosed areas, the concentration camps, where of course epidemics can ravage and run wild. And so it is symbolic of the hypocrisy that existed at the end of the Second World War that we picked on those awful photographs, which were of course good television one would say nowadays, they were good newsprint, they were good photos, they were very photogenic those scenes, those piles of corpses. We picked on them as being evidence that the war was a just war and that our journey had not been in vain.844
However Irving was not prepared, yet, to deny the Holocaust as such, or in any case not the fact that many Jews had died. He did, however, reject the notion that the genocide of the Jews was a centrally managed, state-approved enterprise, and even began to become silent about the role of the men like Himmler who, in his earlier writings, he had still blamed for the Holocaust. Obviously Himmler was too close to Hitler, and it was not very probable that Himmler would have exterminated a good part of European Jewry without Hitler's knowledge. Irving began to shift the responsibility to the actions of "nameless criminals" of various nationalities. In a radio interview, given during the same Australian trip, he stated that between hundreds of thousands, or even millions of Jews, had been liquidated, "by the Germans, or the Latvians, or the Ukrainians, or all the rest who carried out liquidations." When his interviewer Terry Lane asked him if his remark about the "hundreds of thousands or millions" of Jews implied that he rejected the figure of six million Jewish victims, Irving replied tergiversantly that "when you are a statistician as I am, and you've studied statistics, you know that figures don't compact, they don't come rounded up to six figures like that, with zeroes at the end. There is one school of thought that says 4 million. Another school of thought may say 6,500,000. Another school of thought, right out at the fringe, says it was only 100,000."846 Irving was not yet willing to come down on one or the other side.
They were the victims of a large number of nameless criminals into whose hands they fell on the eastern front. Mostly around Eastern Europe the liquidations occurred. And these men acted on their own impulse, their own initiative, within the general atmosphere of brutality created by the Second World War, in which
of course the Allied bombings played a part.845
In 1986 Irving visited Toronto on a world-encompassing lecture tour. He had arranged for a driver to pick him up at the airport, but instead Zündel showed up to greet him. According to Zündel, "David Irving was visibly shocked." In order not to give the wrong impression to his audience, Irving asked Zündel not to show up at his lecture. Zündel complied, and so did his supporters. As a result, attendance of Irving's lecture was very poor. Worst of all, no journalists had shown up.
He wanted nothing to do with me, even then, because of the bad reputation that I had in conservative circles in England and Europe. He thought I was some "Revisionist-Neo-Nazi-Rambo-Kook!"847
After Irving left, Zündel sent him a long letter in which he reviewed the disappointing results of the trip, and sought to draw some lessons from it. The German-Canadian Mephistopheles had found his English Faust. And in the remainder of the letter Zündel persuasively laid out more schemes that would enrich Irving, whom he characterized as a "promoter's dream." All of these talents were, of course, wasted if no-one was to market them properly. Zündel, who identified himself as "an advertising man," made it clear that he saw all the
possibilities. But, after having made the suggestion he wanted, he did not push it any further, for the moment.
You were frank with me in your fears about being linked with me and I made
every effort, as you will recall, not to embarrass you with my presence. Unfortunately, this lack on my part did lead to the dismal showing of "no press" at your meeting, because few people seem able to handle the press well. I have usually had success in my arrangements for press attendance and coverage, before, during, and after my trial. Please make sure that you have someone competent handle your next appearance. You deserve the best!
I have been thinking long and hard how I could be of help to you, despite my "gag order" which does not permit me to say much on topics such as you tackle in your books. It struck me, after having enjoyed your televised presentation, that you would be able to reach more of the public, which is increasingly illiterate, and at a profit, by making some videotaped presentations which you could market through whomsoever you wished, perhaps even setting up your own distributing network. I have no idea if you have a list of bookbuyers--that is, of individuals, rather than publishers. If you do, you would have the "grassroots" support which could allow you to establish an independent business --one which you yourself would control and of course, make most of the editorial decisions and, in the end, retain most of the profit yourself.848
You are handsome and witty, but not superficial, and thus have a wonderful combination of presentability and credibility. You speak beautifully, with a well-modulated voice. You can be combative and abrasive when necessary and also humble and charming.849
In the year that followed, Zündel and Irving began an informal cooperation. Zündel was interested in pursuing legal action against an American soldier said to have killed German guards of Dachau after their surrender to the American army. This soldier had never been brought to trial for war crimes--a fact that clearly illustrated according to Zündel that the post-war allied war crime trials of German military personnel had been merely instances of victor's justice. He asked Irving if he could help him obtaining relevant documentation.850 Irving obliged.851
In late 1987, after having established a practice of collaboration, Zündel raised once more the issue of a possible appearance by Irving as a witness in his second trial. Zündel proved a master of persuasion. He suggested that Irving could use his stay in Toronto to give lectures and promote his books, offering to provide "frontmen" to organize the book-promotion campaign.
Dear Mr.Irving:
You have an outstanding memory of persons, places and events, so you will likely remember our conversation on the way to the Toronto International Airport in 1986 in regard to your appearance as a witness in The Second Great Holocaust Trial. You will no doubt recall that I won my appeals on the provincial and Supreme Court levels in regard to my conviction for "the dissemination of false news" following the First Great Holocaust Trial and that both appellate courts directed that there be a retrial under the same thoughtcrime charge, in view of the many irregularities committed by the Crown and the judge at the first trial....[....]
....I am therefore alerting you now in order to advise you that I would very much appreciate your appearance as an expert witness in regard to your findings on Churchill and the warmongers who brought about World War II. Undoubtedly, the prosecution will ask you about "mass-gassings" and "Hitler's orders for the extermination of Jews", and I assume that you will give him the same statements you have made in this regard during your various lectures and talks. I think the Defence can live with that! Certainly, no one need gloss over the
occurrence of pogroms, just as I do not gloss over the existence of concentration camps and deportations.852
Should you wish to extend your visit in order to go to other parts of Canada, I would recommend that you do so, in order to take advantage of the publicity derived from your courtroom appearances. During the first trial, we received coast-to-coast coverage virtually every day.
The time to plan is now! I need to know from you the best time or time which is most convenient for you to come to Toronto during the trial. That way, we can prepare advance notice to the media and the public so as to avoid any repetition of the mean and outrageous treatment you received during your last Toronto appearance. I think it was shocking that you were received with such little appreciation and that so few knew that you were coming in the first place! The Zionists knew you were coming, so the general public should have known about it, too, and not just a few members of the geriatric kosher-conservative, "anti-communist" clique. In regard to advance publicity, I would recommend that you supply your Toronto "agents " with ample promotional material for them to mail to the media, not once, but at least twice, so as to remind them to come out in force.853
Zündel repeated his presentation of the trial as a catalyst for a successful book-tour in another letter sent in early January, 1988. After having expressed his dismay for the fact that Irving had to personally deliver his books to London booksellers, and once more offering to organize help with such pedestrian chores so that Irving could concentrate on the important task of revising history, Zündel came to the point.
After several false starts, my thoughtcrime trial is to commence on 18 January 1988. Thus your testimony would occur somewhat later than we had foreseen, which means late March or early April.
I reiterate my offer to be of assistance, directly or indirectly, in the promotion of your books, including the organisation of a lecture tour, coupled with your trial appearance, which could get such a promotional tour off with a proverbial "bang". Your timely appearance at the "Hitler Diary " debate was excellent in this regard, and the forthcoming trial here in Toronto promises to be a well-covered media event.854
Irving remained cautious. In his reply to Zündel Irving established clear conditions to make the whole thing worth it to him: the whole operation was to be essentially risk-free as far as the authorities were concerned.
In the interests of serving historical truth I would be prepared to testify on the basis of my own research subject to assurances from the Canadian and American authorities that this would not jeopardise my hitherto unimpeded access to their respective countries. I have contacted their London representatives about this. Your defense attorney should also bear in mind that I wrote on the last occasion, that cross-examination will bring out that there are differences of opinion between your hypotheses and my own. In short, I accept that a great tragedy did happen but do not accept the present versions as to how. I should also require adequate compensation for my time and travel.855
In early March Zündel became suddenly nervous about Irving's appearance when two of the expert witness he had called--Dr. Russell Barton and Dr. Kuang Fann--agreed during cross-examination with the Crown's argument that the Nazis had murdered six million Jews, and that Did Six Million Really Die? was a repugnant book. He contacted
Irving again, writing that he could not afford anymore to have one of his witnesses "in the final analysis agreeing with the Crown prosecutor that 'It really did happen.'"
I do not know what your state of knowledge concerning the Holocaust is or what your tactical stance on the issue is at this time. But I need your assurance that if you do testify you will state either that you have done no primary research into this area and cannot give an expert opinion or that what research you have done indicated major problems with the Holocaust story. If you feel you cannot in all honesty give either of these answers, then I believe that your testimony would be too damaging for me. I have heard you say that something did happen in the East, but nobody really knows what. I could live with that! But to affirm that mass gassings took place, or that there was an official policy of "Judenausrottung" coming from your lips would be a disaster for me. Please let me know exactly how you feel.856
Then Zündel received Leuchter's report, and with that he acquired the opportunity to force the issue with Irving. The question became now very easy: would Irving be prepared to endorse, in court, Leuchter's findings. In an interview given in 1998, Zündel told the American film-maker Errol Morris what happened next. For Zündel the chase had ended. Irving was to testify on his behalf, unequivocally endorsing Leuchter's findings.
So I called Florida and I said, "Mr Irving." "Oh, Ernst, what's up?" I said, "Well, you know about the trial?" "Yes." "Are you free?" "Well, sort of. When would you need me?" I said, "Well, hear me out. I have sent an American gas chamber expert to Auschwitz. He's come back with samples." There was a long silence at the end of the line and he said, "And?" I said, "The results are in our favor." He said, "Ernst, I'm coming to Toronto. I am coming to Toronto." I said, "Not so fast. First, I'm going to send you down the booklet, Did Six Million Really Die? Then I'm going to give you a rough outline of what he found." Because I know that David Irving, although he is willing to help me for a price, that he, next to Fred, would be a pretty expensive witness, you know. So, I mean, I'm a fairly frugal man, so I had to weigh how long and when do I want to have this august
Englishman gracing the courtroom in Toronto together with an already very expensive Fred Leuchter and Professor Roth. But anyway, he said he was going to come, he said this was sensational. And then he said, "Why did I not think of that myself?" Why didn't he think of doing that himself? Well, actually that's a very logical question. Right? But he hadn't thought of it himself. So we decided that he was going to come up, he was going to look at the report, he was going to meet Fred Leuchter, who was still in Toronto, and, based on that, he was then going to decide whether or not he was going to be a witness.[....] And so David Irving was in Toronto. He saw the Leuchter report. He met Fred Leuchter, he looked at all the stuff that he had brought, the video footage, and the drawings that Fred had brought with him. And he said, "this is a shattering document. The Leuchter report is a shattering document. It is a stroke of genius by the defense. As a historian," he said, "anybody that will write history, the history of the Second World War that does not take into consideration what Fred Leuchter has found and unearthed, will henceforth do so at their peril because they will write propaganda. Not history."857
Irving testified on Friday 22 April, and Monday and Tuesday, 25 and 26 April, 1988. As an expert witness for the defence, Irving endorsed in general terms the main object of legal contention, Harwood's Did Six Million Really Die?
[Christie]: "If your were to classify the book Did Six Million Really Die? as to say its factual content, looking at its alleged facts, what percentage would you [state] to be true, in your opinion?"
[Irving]: "I would estimate over ninety percent of the brochure Did Six Million Really Die? to be factually accurate on the basis of the facts which I arrived at by
an entirely different approach, namely the documentary basis."858
Given Irving's general endorsement of Did Six Millions Really Die?, it is good to repeat once more the book's central claim that the whole Holocaust was a piece of atrocity propaganda not different from the stories that circulated in the First World War, and that credited the Germans with transfixing Belgian babies on bayonets and operating "corpse factories" where they extracted from the corpses of their own dead glycerine and other useful commodities. Yet the big difference between the First and Second World War was that, after the former, the truth had been re-established, while no such action had happened after the latter. To the contrary, according to Harwood the atrocity propaganda had become more intense. "Gruesome paperback books with lurid covers continue to roll from the presses, adding continuously to a growing mythology of the concentration camps and especially to the story that no less than Six Million Jews were exterminated in them."859
During his testimony, David Irving did not merely give credence to the theory that the stories about gassings were allied atrocity propaganda through his general endorsement of Did Six Million Really Die?. He also addressed the issue directly when crown-attorney Pearson confronted him with a passage from his Hitler's War In this book, Irving described the impact at Hitler's headquarters of the publication of a Soviet report on the camp, which had been liberated in the Summer of 1944. Cross-examined by Pearson, Irving now stated that the "gas chamber story" was allied propaganda.
On October 27th, 1944, news reports reached Hitler that the Russians claimed to have found a former concentration camp, Majdanek, near Lublin, at which 1,500,000 people had been liquidated; according to Heinz Lorenz, his press officer, Hitler angrily dismissed the reports as propaganda--just as German troops had been accused of "hacking off children's hands in Belgium" in 1914. When Ribbentrop pressed him for an answer, the Führer replied more
revealingly, "That is Himmler's affair, and his alone." He betrayed no flicker of emotion.860
[Pearson]: "You're satisfied that this October 27th, 1944 exchange between Ribbentrop and Hitler took place?"
[Irving ]: "I would have to check to see what my source was but certainly if I wrote that, I had a very good source for it."
Q.: "And you say 'Hitler betrayed no flicker of emotion.' How do you know that?"
A.: "Probably from the testimony given by Ribbentrop in the source that I used."
Q.: "So, you're saying there that Hitler was not surprised that 1,500,000 people had been liquidated.861 Isn't that what you're saying?"
A.: 'If you read the paragraph closely you'll see this is the Allied propaganda saying that 1,500,000 people have been liquidated. This was among a number of very large similar claims put out by the British psychological warfare executive on the instructions of the British Secret Service, the gas chamber story originated in
the British Secret Service. The psychological warfare executive and the files on that are now available in the British public records office."862
Both his statement in the Toronto court, and Irving's more recent attempts to discredit the evidence about the extermination camps by placing them in the context of "more far-fetched atrocity legends" which accused the Germans of using bodies as the raw material for the production of soap,863 confronts us once more with the question if, indeed, there exists a historical link between the allied atrocity propaganda of the First World War (which wrongly did accuse the Germans of producing soap from corpses) and the revelations about the German extermination camps in the Second World War. As we have seen at the beginning of Chapter Three, there is a link---but not on in which the accounts of the mass-murder of people in gas chambers are simply recycled atrocity stories from the First World war. The historical link is that during the Second World War the general public showed a great reluctance to believe accounts of atrocities because they remembered how they had been fooled by wild stories and outright lies of a quarter-century earlier. Unlike the men and women who opposed the Kaiser, those who fought Hitler were sceptics. Irving's claim that the accounts of the German death camps, and Auschwitz in particular, were the result of allied atrocity propaganda has little claim to truth. The only historical link between the notorious Kadaververwerkungsanstalt and the killing machinery in Auschwitz is that, during the Second World War, many refused to believe accounts of the latter because of memories of the former. In 1988, when he endorsed Did Six Million Really Die? Irving had ceased to care about history. On the witness stand, testifying for a well-known Holocaust denier, Irving turned into a denier of history. As I have demonstrated in Chapter One, the fact that Jews survived for example Auschwitz does not mean that either Auschwitz was not an extermination camp, or the Germans were sloppy. Many Jews who could work were imprisoned in Auschwitz as slave labour, and in the Summer of 1944 tens of thousands of Hungarian Jews were temporarily admitted in Auschwitz as so-called Durchgangsjuden, to be transported on as slave labour to other camps.The survivors of Auschwitz belonged almost exclusively to these two categories of prisoners.
[Christie]: "Does--does the conclusion of the booklet Did Six Million Really Die? Offend your sensitivities as a historian or not?"
[Irving ]: "Will you remind me of what the conclusion is before I testify to that?"
Q.: "Just dealing with the question most pertinent to the extermination legend is, of course, how many of the three million European Jews under German control survived after 1945?"
A.: "Right. Let me say at this point I think this conclusion here they are aiming at here is justified. I am delighted that so many Jews survived what they now describe as the Holocaust and I am puzzled at the apparent lack of logic. That the Nazis are supposed to have had a government policy for the deliberate, ruthless, systematic extermination of the Jews in Auschwitz and in other places of murder and yet tens if not hundreds of thousands of Jews passed through these camps and are I am glad to say alive and well amongst us now to testify to their survival, so either the Nazis or they were an exceedingly sloppy race, which isn't image that we have of them today. It's another of the logical questions which is being asked in this history which the historians hitherto have not asked.864
When Irving testified that the existence of survivors meant that Auschwitz could not have been an extermination camp (as the Germans were no sloppy executioners), he stated what had become by 1988 a well-known negationist argument. At other moments during his testimony he quoted and affirmed fuerther well-established negationist doctrine. For example, when Pearson confronted him with Karl Bischoff's letter of January 29, 1943, Irving repeated Butz's interpretation of the word Vergasungskeller
[Pearson]: "Now Mr. Irving, before the break you had told us that you had not
read Commandant Hoess' account of what was happening at Auschwitz. Is that right?"
[Irving]: "That is correct."
Q.: "And I show you a document from the National Archives of the United States and ask you if before coming to Toronto, you had seen that document."
A.: "Yes, sir, this is the document you just asked me a few minutes ago to read through and I am familiar with the document and I was familiar with the document before I came to Toronto."
Q.: "All right. Now, do you have any reason to question the authenticity of that document?"
A.: "I have no reason to question the authenticity of this document although the providence with the document isn't clear from the staff evidence analysis sheet attached to it."
Q.: "We have not referred in proceedings to the staff evidence analysis sheet."
A.: "The staff evidence analysis sheet was a sheet attached to any exhibit at Nuremberg which would inform as to where the document had been found and it is rather imprecise but I have no reason to question its authenticity."
Q.: "All right. Now, there is attached to this a translation that was prepared presumably at the time of the Nuremberg trials. Have you had an opportunity, and I know it was a very brief opportunity, but you did have a brief opportunity to compare the translation with the German document and is it a satisfactory translation in your view?"
A.: "It is a satisfactory translation apart from one sentence where--which is quite clearly the operative sentence, which says--I would translate it as 'This is, however unimportant, as the Vergasungskeller'"
Q.: "Let's put it up on the overhead to see what we 're talking about. First of all, is this the original German?"
A.: "It is the same document."
Q.: "Document January 29th, 1943?"
A.: "It is the same document and I am referring to this sentence here, 'Die ist jedoch unbedeutend, da der Vergasungskeller hierfur benutzt werden kann.' I translate as 'This is, however, unimportant as the Vergasungskeller can be used for this,' and the German word Vergasungskeller is a known [?] coming from the German verb Vergas[en], and the German verb Vergas[en], like many German
words, has different translations, some of them completely different in meaning from each other."
Q.: "All right."
A.: "It can mean gassing, it can mean "carboureshing" (ph),865 as in the sense of a carburator on a car and this is the meaning which I don't find, the alternative meaning in the translation of the document, the possibility that it refers not to gassing but to the "carboureshen" process in some kind of oil fire heater, so when we are looking at a Vergasungskeller I think it is tendentious to translate it as gas chamber. I mentioned on Friday that a German--
Q.: "What do you mean by tendentious?"
A.: "Tendentious? I think it is trying to arrive at an impression. It is giving possibly a deliberately wrong translation of the word. It is a possible translation but it is an unlikely translation because if a German was going to write the word 'gas chamber,' he would not write 'Vergasungskeller' He would write 'Gasungskeller'."866
Or would he? German documents show that the adjective Vergasungs- was commonly used to qualify means or procedures used in the gassing of people. For example, in the notorious letter of October 25, 1941 which Dr. Erhard Wetzel, Advisor for Jewish Affairs in the Ostministerium, drafted for Alfred Rosenberg, Wetzel mentions that "Oberdienstleiter Brack of the Führer's Chancellery has agreed to assist in the construction of the necessary buildings and gassing apparatus (Vergasungsapparate)....In the present situation, there are no objections to getting rid of Jews who are unable to work with the Brack remedy."867 The "gassing apparatus" was a gas van. In his memoirs,
written after the war, Adolf Eichmann was to call these gas chambers on wheels "gassing cars" (Vergasungswagen).868 And when, also after the war, Erich Bauer testified about the extermination of Jews in Sobibor, he also used the word Vergasung as an adjective: "The doors were sealed airtight and immediately the gassing procedure (Vergasungsvorgang) commenced. After some 20 - 30 minutes there was complete silence in the gas chambers; the people were gassed (vergast) and dead."869 And both Walther Dejaco and Fritz Ertl, testifying during their trial in 1972, used the term gassing spaces--"Vergasungsräume"--to denote gas chambers. For example, in his testimony given on January 19, 1972, Dejaco denied that he had transformed the morgue of crematorium 1 into a "gassing space."
Ertl commented on January 21, 1972 that when he wrote in his report of August 19, 1942 about the so-called "bathhouses for special actions"--"Badeanstalten für Sonderaktionen"--, "I knew at the time, that this concerned gassing spaces."871
I have certainly not inserted a wall in crematorium 1. With this work I had, as I have already made clear, nothing to do. I did not know anything about the gassing space. I have not inserted any wall..[....] I did not know what went on behind my back. At this time one was of course very much concerned, that no one would know what was happening in Auschwitz. Therefore the Kommandantur will have done such work as the insertion of a wall in the crematorium or the purchase of the incineration ovens and the installation of gassing spaces on its own initiative. After all, no one should know what happened there.870
Furthermore, I have never found an example of Germans using the adjective Gasung in the context of a discussion on the killing of people in gas chambers. Hence Irving's argument is non-sensical. While indeed the word Gaskammer is more common when referring to a (homicidal) gas chamber, the common use of the adjective Vergasungs- in conjunction with a noun in the context of discussion on the gassing of people fully explains why Kirschneck, who had drafted the letter for Bischoff, would have formed the composite neologism Vergasungskeller when referring to a basement that was to function as a gas chamber.
Pearson did not press Irving on the issue of the (Ver)Gasungskeller He did, however, try to pin Irving down on the precise meaning of words the latter had written more than ten years earlier, in the Introduction to the 1977 edition of his own Hitler's War.
[Pearson ]: "Don't you go on to say what the Final Solution was, sir? Right in your introduction?"
[Irving]: "If you can point out the passage concerned."
Q.: "All right. First of all, let's go to the last sentence. 'For thirty years, our knowledge of Hitler's part in the atrocity has rested on inter-historian incest.' What atrocity are you talking about?"
A.: "There is no other way to describe what happened. Thousands of civilians being lined up on the side of pits and being machine-gunned to the pits after being robbed of their personal possessions. This kind of thing can only be described as an atrocity whether it happens in German, Yugoslavia or Vietnam."
Q.: "'Many people, particularly in Germany and Austria, had an interest in propagating the said version that the order of one madman originated the entire massacre. Precisely when the order was given and in what form has, admittedly, never
been established' For the--for what, sir?"
A.: "The order for the atrocities. We are talking about the order that these people imagine exist so there was one central order."
Q.: " 'In 1939?--but the secret extermination camps did not begin operating until December 1941.' Sir, aren't you suggesting there, stating to the reader that the secret extermination camps did not begin operating until December 1941?"
A.: "I think I have to say here that this sentence falls into the category of sentences that I would not repeat in 1988. At the time I wrote that in the 1960's, 1974 thereabouts when I wrote--wrote that introduction, I believed. I believed everything I had heard about the extermination camps. I wasn't investigating the extermination camps. I was investigating Hitler."
Q.: "But you told us that you did ten years of extensive research on the National Socialist regime?"
A.: "Yes."
Q.: "And you had no problem making that statement, did you?"
A.: "Because I believed."
Q.: "Right."
A.: "I believed what I had read up at that point. I hadn't gone to the sites of Auschwitz and Treblinka and Maidanek and brought back samples and carried out analysis. I hadn't done any research into what is called the Holocaust. I researched Hitler and his staff."
Q.: "You haven't done that, have you, since?"
A.: "I haven't."
Q.: "You haven't done those things?"
A.: "I have carried out no investigation in-depth in equivalent depth of the Holocaust."
Q.: "But your mind changed?"
A.: "My mind has now changed."
Q.: "You no longer believe it?"
A.: "I have now begun to challenge that. I understand it is now a subject open to debate."
Q.: "But your belief changed even though you didn't do any research; is that what you're saying?"
A.: "My belief has now changed because I understand that the whole of the
Holocaust mythology is, after all, open to doubt and certainly in the course of what I have read in the last few days, in fact, in this trial, I am now becoming more and more hardened in this view."
Q.: "As a result of what you've read here in the last few days?"
A.: "Indeed."872
As he explained, the reading matter that had changed his mind was Leuchter's conclusion that "none of the facilities examined were ever utilized for the execution of human beings and that the crematories could never have supported the alleged work load attributed to them."873 In court, Irving publically embraced Leuchter's conclusions. "I'm very impressed, in fact, by the presentation, by the scientific manner of presentation, by the expertise that's been shown by it and by the very novel conclusion that he's arrived at," and Irving admitted that "as a historian I 'm rather ashamed it never occurred to me to make this kind of investigation on the particular controversy." In conclusion, Irving endorsed the report wholeheartedly. "I think it is shattering in the significance of its discovery."874
It is good to remember that, when Irving offered his wholehearted endorsement of the Leuchter Report, its author had already admitted in court that he had gone to Poland minimally prepared, having read three works by Holocaust deniers, two documents on the use of hydrocyanide, and some pages from Hilberg's Destruction of the European Jews.875
Then, too, Leuchter had admitted that he never tried to cross-reference his own observations by looking at the German blueprints, or by studying the testimonies of eye-witnesses.876 This attitude should have troubled a historian who took pride in his own research skills and his undisputed tenacity in uncovering new material. Indeed: Irving completely ignored Leuchter's sorry performance on the witness stand which he admitted he had witnessed. Let us, for the record, recall some of the main issues that had come up. Leuchter had stated that ninety percent of his conclusions were based on his engineering opinion, and only ten percent on the analysis of the samples that he had taken.877 Yet during cross- examination, he had to admit that this engineering opinion was very flawed. For example, Leuchter assumed that hydrogen cyanide was very combustible, and that because the gas chambers were located not too far from the incineration ovens, there ought to have been a danger for explosion. Yet during cross-examination he admitted that while hydrogen cyanide became combustible at 60,000 parts per million, it was lethal at 300 parts per million, that is at 0.5 percent of the combustion point.878 Irving was in the audience and watched it all. It obviously did not leave an impression. Furthermore Leuchter flatly stated that the build up of hydrogen cyanide in the brick and mortar would make the gas chambers very dangerous to use for the SS, yet under cross-examination he had to admit that hydrogen cyanide had only a very short life, and that it quickly combined with iron present in brick or mortar to make the harmless pigment ferro-ferri cyanide, also known as Prussian blue.879 Then Leuchter stated that the alleged gas chambers could not have worked because there was no ventilation system to extract the gas from the gas chambers. Without a proper ventilation system, the basement of
crematorium II could not have been used as a homicidal gas chamber.880 During cross-examination, Pearson produced a copy of a German document that stated that the gas chamber was to be equipped with an installation for aeration [Belüftung] and ventilation [Entlüftung], effectively demolishing Leuchter's argument.881 Then Leuchter had to admit that his calculations as to the very low capacity of the gas chambers were based on the assumption that the Germans would have followed American practices, which aim to kill the victim very fast in order to spare the victim "unusual and cruel punishment." As the Germans were not very interested in ensuring a quick and painless death of those to be murdered, Leuchter had to admit that his calculations were irrelevant. 882 He also had to admit that his assumption that the only way to understand the gas chambers in Auschwitz was through comparison with American gas chambers, and that if the former did not conform to the principles of the latter, the German gas chambers could not have worked, was fallacious.883 Particularly embarrassing for Leuchter had been the interchange with Pearson about Leuchter's claim that those who inserted the hydrogen cyanide through the roof vents into the gas chambers of crematoria 2 and 3 would die themselves from exposure to the poison.884 After some simple questions, Leuchter had to admit that, once again, he had been wrong.885 He also had to admit during cross-examination that he had no expert knowledge of crematoria.886
When Irving publically announced in the Toronto courtroom that he changed his mind about the historicity of the Auschwitz gas chambers, he turned against a consensus held for more than four decades by scholars, judges, and the general public that Auschwitz had been the site where Germans operated gas chambers for the execution of human beings, and that in these gas chambers very large numbers of people had been killed. At the time of Irving's "conversion," the informed estimate of the number of victims ranged between a little under a million people (Reitlinger) to 2.5 million, with a clear tendency in more recent scholarship to put the number of victims between one and 1.5 million people. Rejecting the various results of careful analyses done by many historians, Irving hastily embraced, on the basis of a document that purported to be a forensic analysis of the remains of the Auschwitz gas chambers, a piece of scientific garbage.
Irving's public conversion had made him the new hero of Holocaust Deniers everywhere. One negationist magazine, Instauration celebrated his testimony as "traumatic for world Jewry."887 Mark Weber wrote Irving that "[w]ith your support of holocaust revisionism, the outcome is no longer in doubt."
It's not everyone who has a chance to be instrumental in a historic turnaround. The practical consequences of destroying the holocaust myth are almost indescribably potent.888
It is clear that Irving did not need Weber's flattery to fully appreciate the impact of his testimony. In August 1988 he returned to Canada for a talk. In it, he stated that since he had been a small boy he had enjoyed to see important people, or people with reputation and prestige, with "egg on their face." With Holocaust denial, he had found a way to act out his boyhood dream. Reviewing his own journey towards his endorsement of the Leuchter Report earlier that year, Irving described his thesis that Hitler knew nothing of the Holocaust as "aa kind of half-way house in m conversion." But his full conversion only came when he saw the scientific evidence. In fact, during the lecture he mentioned that the old-style Holocaust deniers had done the revisionist cause harm, "because they have not used the necessary scientific methods in making their claim on Auschwitz." Irving argued that all the evidence had a very narrow basis--"one, or two, or three documents and eyewitness accounts." Speculating on the origin of the Vrba--Wetzlar report, issued by the War Refugee Board, Irving stated in 1944 some thought it to be Nazi propaganda, because it revealed that "the Jews themselves were the people responsible for the 'atrocities' at Auschwitz, that "the people whose job it was to select, and deport, and ship into the gas chambers, and carry out the bodies and so on, were all Jews themselves....The real atrocities were committed by the Jews themselves in the camp at Auschwitz." A more likely scenario, however, was that the British government "masterminded the gas chamber lie" in order to motivate Allied soldiers "so that they would fight even harder." Interpreting the Cavendish-Bentinck minute of 27 August 1943, Irving argued that the authors of the lie thought that by 1943 it had served its purpose.
And he added, "here we are 44 years later and that hare is still running, bigger and stronger than ever, because nobody dares now stand up and kill it."
[J]ust imagine the omelet on their faces if we manage to expose that other six
million lie [as opposed the six million marks Der Stern paid for the Hitler diaries]. This is the prospect that is now opening up in front of me.889
But Mr. Zündel has used the scientific method. And taking this as a starting point, I have now begun, over the last few months, going round the archives with a completely open mind, looking for the evidence myself. Because if Auschwitz, just to take that one cardinal tent pole of the case, if Auschwitz itself was not an extermination factory, then what is the evidence that it was? This is one thing we have to look at. How did all the evidence come into existence?890
It is got out of control. The Auschwitz propaganda lie that was starting to run in 1944 is now out of control. And it is going to take He-men of the kind of stature of Ernst Zündel to kill that particular hare [applause]. So gradually the whole edifice of contrary evidence is coming together. We are demolishing [the argument] that says that it was, and we are finding the evidence that says that it was not. It is a very, very happy task for myself and it is exactly the kind of thing I like doing.891
Irving predicted that soon the whole exterminationist edifice was going to come down, and people would realize that while Jews may have suffered, "along with a lot of other minorities and ethnic groupings," the Jews did not suffer proportionally more than other groups. "I don't think that their suffering can be said to be worse than the sufferings suffered by the Germans after the war, in the great mass expulsions, the great population movements." All of this was to become the subject of a new book--to be published in five years.
It has to be my final book probably, on Auschwitz. This is why I hope that people will recognize that I managed to pull off a coup even more spectacular than exposing the Hitler diaries as a fake. From one six million lie to another. That I will see then that some of the world's most famous historians and politicians have the biggest omelet of all times all over their face.892
Irving did not (yet) keep his promise to enlighten the world with a study of Auschwitz. Instead he bought from Zündel the right to publish through his own publishing venture "Focal Point" the British edition of the Leuchter Report. In the spring
of 1989 everything was ready for the book-launch. The spirit of the day suggested that revisionism was on the rise. In April a storm broke loose in the United States about the a book published half a year earlier by the respected Princeton historian Arno Mayer. Entitled Why did the heavens not darken? The Final Solution in history. Mayer argued that the Holocaust, which he termed "Judeocide," was not the result of antisemitism, but of antibolshevism. It did not arise from the National Socialist phantasy concerning the so-called "Jewish Question," but resulted from German frustration when the Wehrmacht failed to defeat the Soviet Union in the Summer and Fall of 1941.
The Jewish catastrophe was forged in the crucible of this irreversible but failing Glaubenskrieg. This secular crusade provided the mastery of space, the corridor of time, and the climate of violence the Nazis needed to perpetrate the Judeocide.893
While this thesis could perhaps be accepted for the operations of the Einsatzgruppen Mayer went farther: Operation Barbarossa also provided the cause and context for the death camps, including Auschwitz.
The very origins of the centers of mass killing reflect the existence of an iron nexus between absolute war and large-scale political murder in eastern Europe. Of the six such centers--Auschwitz, Majdanek, Chelmno, Belzec, Sobibór, and Treblinka--Auschwitz and Majdanek were started as stalags for prisoners of war and concentration camps for political prisoners. At the outset Auschwitz and Majdanek were also meant to serve as outposts for the implantation of the Thousand-Year Reich in occupied Poland and Russia.
The nexus of absolute war and deliberate mass murder remained all-pervasive. At Auschwitz and Majdenek, which were at one and the same time concentration camps and annihilation centers, the hyper-exploitation of inmates for war production was anything but spurious. Of course, at both camps, in the face of irreversible military setbacks and shortages, the line between egregious
exploitation and outright exterminism kept wearing thin. Indeed, ultimately the execrable living, sanitary, and working conditions in the concentration camps and ghettos took a greater toll of life than the willful executions and gassings in the extermination centers.894
Mayer included in his boo a specific chapter devoted to Auschwitz. While Mayer did not deny the presence and importance of the gas chambers, he gave a particular importance to typhus as a cause of death. To be sure, Mayer's discussion on the selections started conventionally enough. So far so good. Yet quickly his account moved beyond legitimate caution about the exact statistics into an irresponsible description of the purpose of and conditions in Birkenau that had no relationship whatsoever to the historical record. And, without discussing the purpose of those gas chambers, Mayer immediately proceeded to a well-meant but ill-considered reflection on the causes of death in Auschwitz--a reflection that ended with a sentence that, introduced with the oddly chosen adverb "besides," ceased to make any sense whatsoever.
It is unclear what percentage of the incoming Jews was selected on arrival as "unfit for hard labor "; estimates range between 60 and 80 percent. It is also uncertain how many of these "unfit"--the sick and infirm as well as healthy women, infants, children, and old people--were sent to the gas chambers immediately upon arrival or shortly thereafter, how many were sent sometime later, and how many ultimately dies a natural death.895
Unlike the main camp, which was and remained an all-male camp for about 15,000 slave workers, Birkenau was to become the major compound not only for forced laborers of both sexes but also for the nonworking inmates of the entire complex. Accordingly, upon their arrival after a gruelling and dehumanizing journey in freight cars, all temporarily and permanently "unemployable" Jews were summarily assigned to Birkenau, where housing and sanitation were disastrous, as they were throughout the Auschwitz complex. Half-starved and practically without medical care, the frail and the sick were particularly imperiled,
the more so since at the journey's end the whole of Auschwitz was intermittently in the grip of a devastating typhus epidemic. The result was an unspeakable death rate, partly because the ailing and the dying were brought to Birkenau from both the main camp and from Monowitz. In addition to being the wretched and miasmic habitat for the least fit, Birkenau was the site of Auschwitz's main medical facility and quarantine center, as well as of most of its crematoriums and gas chambers.896
There is a distinction between dying from "natural" or "normal" causes and being killed by shooting, hanging, phenol injection, or gassing. But quite apart from the vital importance of not allowing this distinction to be used to extenuate and normalize the mass murder at Auschwitz, it should not be pressed too far. The Nazis leaders decided to transport frail and sick Jews, and Gypsies, to Auschwitz in full awareness of the perils they would face, and they continued to do so once there was no ignoring and denying the deadly conditions there, including the endemic danger of epidemics. Besides, from 1942 to 1945, certainly at Auschwitz, but probably overall, more Jews were killed by so-called "natural " causes than by "unnatural" ones.897
Mayer's book did not include any annotation that provided an insight into his sources. Neither did he refer to the work of other scholars in his text. The book did contain a bibliography. It included both Butz and Rassinier.
Of all books published on the Holocaust, essential passages of Why did the heavens not darken? approached some of the core arguments of the negationists. For example
Mayer's thesis that typhus had been one of the main causes of death in Birkenau could only bring happiness to negationists like Faurisson, who had always maintained that all the Zyklon-B shipped to Auschwitz could be easily explained because of the in his opinion endemic prevalence of typhusbearing lice in the camp. Indeed: many passages could provide Holocaust deniers with useful quotations. Yet none of those connected with the Institute of Historical Review noticed Mayer's book. This changed when in April 1989 The New Republic published an angry and devastating six-page review entitled "False Witness," written by Daniel Goldhagen. He summarized Mayer's book as "an artful construction of half-truths" that was "riddled with extraordinary factual errors, which amount to a pattern of falsification and distortion."898 Goldhagen observed that Mayer's "outrageous" account of Auschwitz showed "the spirit of revisionist apologia." Goldhagen had no difficulty in demolishing Mayer's account of Auschwitz.
Mayer is saying, astoundingly, that the Nazi leaders sent Jews to Auschwitz despite their knowledge that life in the camp was perilous as if epidemics were the main danger for the Jews; not with the intention of killing them.899
Goldhagen's review had unintended consequences: it alerted the negationists to the fact that a major historian had produced a work that, with admittedly considerable distortion, could be presented as an endorsement of the revisionist position. Consequently the May issue of the newsletter published by the Institute of Historical Review carried a review entitled "The Holocaust: A Sinking Ship?" It described Mayer as "one of the leading lights of his profession," and his book as a justification of "the approach and methodology of Revisionist scholars of the Holocaust like Paul Rassinier, Arthur Butz, Robert Faurisson, Wilhelm Stäglich, Walter Sanning, David Irving, Mark Weber, Fritz Berg, Carlo Mattagno, Henri Roques and a growing cohort of other researchers."900 It
defined Mayer's text as a "minefield of hoax-boasting concessions "--a place "where Exterminationist angels fear to tread "but an "intrepid Harvard graduate student" had rushed in. And it ended with the question "What to make of it all?"
Is the crew of the good ship Holocaust preparing a rush for the lifeboats (and women and children be damned!), or are damage control teams working feverishly below decks in an effort to keep the stricken hull afloat? Will the (largely Gentile) suckers for what passed not so long ago, even among academics, as "the best documented event in history" stick to their berths in steerage, as the hoax capsizes and begins its last lonely hurdle to the watery graveyard of historical frauds?