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January 8, 2012

Death of American judge who ruled that the Holocaust is a fact

Filed under: Holocaust — Tags: , — furtherglory @ 9:04 am

On December 31, 2011, the Los Angeles Times published an article on the death of Thomas T. Johnson with this headline:

Thomas T. Johnson dies at 88; judge ruled that Holocaust was a fact

The headline refers to a court case in which Judge Johnson “took judicial notice” that the Holocaust was a fact.  A judge is allowed to “take judicial notice” when there is some “fact” that is “common knowledge.”  The Holocaust is “common knowledge,” according to Judge Johnson’s ruling, because everyone knows that the Holocaust is a “fact.”

This quote is from the L.A. Times news article:

On Oct. 9, 1981, Johnson resolved the most controversial part of the case using the doctrine of judicial notice, which allows courts to recognize as fact matters that are common knowledge.

“The court does take judicial notice that Jews were gassed to death in Poland at Auschwitz in the summer of 1944,” when Mermelstein and his family were there, Johnson said.

Johnson made the unusual pronouncement in a case brought by Long Beach businessman Mel Mermelstein against the Institute for Historical Review, a Torrance organization that claimed that the planned extermination of Jews by the Nazis was a myth. The institute offered a $50,000 reward for proof that Jews had been gassed at Auschwitz during World War II.

In Germany, the law that is used to convict Holocaust deniers like Ernst Zündel and Germar Rudolf is based on the doctrine of Manifest Obviousness, as provided in Section 244 of the Penal Code.   This is the German equivalent of a judge taking judicial notice that the Holocaust is a fact.   

I first learned the term “judicial notice” when I followed the court case of William Smith who was accused of rape.  Greta van Susteren was the commentator who explained the proceedings and she told the TV audience what “judicial notice” was all about.  As nearly as I recall, the judge made a ruling about the crabgrass on the lawn.  Apparently everything about crabgrass is common knowledge and does not have to be proved.

Is the subject of crabgrass really “common knowledge?”  I don’t think so.  I know everything there is to know about crabgrass, but does everyone in the world know everything about crabgrass?  No!  The lawyers should have been required to prove what they said about crabgrass!

Does everyone in the world know that Jews were gassed to death in Poland?  I don’t think so.  There are around a billion Muslims that don’t know about the Holocaust. I once met Bradley Smith and in a conversation with him, I learned that he has never been to Poland and has never seen Auschwitz.  If even Bradley Smith, a famous Holocaust expert, doesn’t know everything about the gassing of the Jews at Auschwitz, how can a judge rule that this is “common knowledge?”  The judge was, in effect, ruling that the Holocaust does not require proof.

In spite of this, people like Bradley Smith are demanding proof.  You can read Smith’s blog here.  I’m a big fan — because his writing is excellent.  You can read and enjoy his articles even if you don’t care, one way or the other, about the Holocaust.


  1. For background on Mark Weber and the IHR George Michael’s book Willis Carto and the American Far Right is invaluable. The IHR is a shadow of it’s former self and there has been much discussion as to why in various blogs and forums over the years. Germar Rudolph declined to become involved with the IHR under Mark Weber and started his own publishing company (with some backers) to distribute his titles because he noticed revisionist research there wasn’t thriving. Thesis and Dissertations Press is the name of the publisher Rudolph is associated with and all books in the catalog of this company are now available from The Barnes Review, the magazine Willis Carto started after he lost control of The Liberty Lobby, The Spotlight newspaper, IHR and The Journal of Historical Review through ongoing litigation initiated by Mark Weber and others at the IHR.

    Comment by who+dares+wings — January 9, 2012 @ 9:10 am

  2. Thank you for this very very interesting post and story .
    I was not in the “know” that Mark Weber was fired or ANY of the further information in the comments .

    Comment by Robert Schmidt — January 9, 2012 @ 2:45 am

  3. “I hope those so-called historians will look at this ruling.” – Mel Mermelstein

    “[I]n the name of His Holiness the Pope and the whole Congregation of the Holy Office, ordered … Galileo … to abandon completely the … opinion that the sun stands still at the center of the world and the earth moves, and henceforth not to hold, teach, or defend it in any way whatever, either orally or in writing; otherwise the Holy Office would start proceedings against him.”
    – Vatican Special Injunction against Galileo, 26 February 1616

    I like the way Mel Mermelstein was played by Leonard Nimoy in the TV movie, because Mr Spock was in the business of claiming FIVE MILLION people died at Auschwitz, and passing off film footage of Dachau, claiming it was of Auschwitz.

    I’m taking my visit to Auschwitz this time next week, hoping the weather won’t be too bad. I’ve four nights booked in a Oswiecim hotel, do you have any advice you could share on my intention to take a trip to at least Treblinka on one day?

    Comment by Black Rabbit — January 8, 2012 @ 12:38 pm

    • If you go to Auschwitz in January, there will not be as many visitors and you will be able to get some beautiful photos of the snow. However, it will be very cold and you will be walking through the snow. You will not be able to get photos that will show details of the buildings because of the snow.

      Treblinka is way out in the boondocks. It is only 60 miles from Warsaw, but it is in a very primitive area of Poland; it is very likely that the roads won’t be cleared of snow. Poland does not have freeways, as in America or Germany. You can make a day trip to Treblinka but you will spend most of the day driving; when you get there, you will realize that it is a waste of time because everything will be covered with snow. There is very little to see at Treblinka, even when there is no snow.

      It will be a long drive from Oswiecim to Treblinka in one day, because you will not be driving on a freeway. I live in California and I was amazed to see that Poland is very primitive in comparison. Don’t expect an Autobahn in Poland.

      Comment by furtherglory — January 8, 2012 @ 1:18 pm

    • Germar Rudolf is the Galileo of the Holocaust.

      This quote is from the link you gave: “…. the aforesaid Father Commissary, in the name of His Holiness the Pope and the whole Congregation of the Holy Office, ordered and enjoined the said Galileo, who was himself still present, to abandon completely the above-mentioned opinion that the sun stands still at the center of the world and the earth moves, and henceforth not to hold, teach, or defend it in any way whatever, either orally or in writing; otherwise the Holy Office would start proceedings against him. The same Galileo acquiesed in this injunction and promised to obey.”

      Germar Rudolf has apparently retired from Holocaust denying since he was convicted of a crime for not believing in the Holocaust. He is probably not allowed to leave Germany for fear that if he goes to a country which does not have a Holocaust denial law, he will commit a crime again by denying the Holocaust.

      Comment by furtherglory — January 8, 2012 @ 1:26 pm

      • I don´t think so, see here

        “For this reason, the Rudolfs subsequently sued the U.S. government for failing to adjudicate Rudolf’s immigrant visa application. After the Federal Judge assigned to the case refused to grant a government motion to have the case dismissed, the government finally started moving. End of May Rudolf was informed that his criminal convictions in Germany do not constitute crimes of moral turpitude in the U.S., which means that the government conceded that Rudolf was eligible for – and indeed entitled to – a green card without restrictions. An immigrant visa was finally issued in early July, and not even a month later Germar Rudolf finally managed to return home to his wife and child.
        And they lived happily ever after.”

        I don´t think that he retired from revisionism, I didn´t see such an information but on the most recent edition of his report, there is clearly stated, that “not researching of this subject as terms of his release from prison”. You can see it here and on the back side of his book

        Comment by Bob — January 8, 2012 @ 2:22 pm

        • Thanks for the information. I am so glad that he has finally been able to return to his wife and child. I have read the book to which you linked. Excellent book. Should be required reading in every school in America instead of the book Night.

          Comment by furtherglory — January 8, 2012 @ 2:37 pm

          • Yeah, I am glad too.

            Book is excellent, no surprise that he was imprisoned, I remember that when I read it first time I was just shocked about how absurd is holocaust story in which I believed so many years, because I always assumed that everything is prooved and clear and didn´t feel need to investigate it deeply to confirm my assumptions, I couldn´t imagine such a big lies….so naive.

            One of my favorite book is Lecture on the holocaust, I like the style – discussion between intelligent/open-minded/hostile believer audience on the one side and revisionist on the other side. This book is good start for believers.

            No surpise that caused too much troubles to Rudolf, they even burned these books.


            Comment by Bob — January 8, 2012 @ 3:05 pm

      • Its a good analogy: Galileo Rudolf.

        Other leading Revisionists seem to be infighting an awful lot. Arthur Butz and Robert Faurrison called for Mark “I think some Jews were gassed” Weber to resign as director of IHR. Butz dismisses Carlo Mattogno’s Auschwitz: A Case for Sanity without even reading it, and Faurrison dismisses Mattogno’s book stating: “For a very long time he appeared to me as a man suffering a terrible complex because he was not a scholar. This already is not a sign of intelligence.”

        I might not bother with Treblinka this time, the daylight hours are of course short in January. What about Majdanek, is that worth a visit?

        Comment by Black Rabbit — January 8, 2012 @ 2:57 pm

        • I am not sure, but from what I know Majdanek is dead, but it is not official of course. No surprise that Majdanek is mentioned sporadically by orthodox historians.

          Do you have some info about retiring of Mark Weber from revisionism or that he admit that gassings did take place? Until now I only saw some minor cooments in discussions where some users mentioned that he retired from revisionism, but I didn´t find any closer info.

          Comment by Bob — January 8, 2012 @ 3:18 pm

          • Majdanek was never the big tourist attraction that Auschwitz and Dachau have become. Majdanek was just outside of the city of Lublin when it was in operation; now it is inside the city limits and you can take a trolley car to visit it. I don’t why it did not become more popular. Auschwitz is near Krakow and Dachau is near Munich, so both are in a good location for tourists visiting those cities. After visiting a “death camp,” tourists want to go to a tourist city and have fun.

            Comment by furtherglory — January 8, 2012 @ 3:38 pm

            • I think that for holocaustians is more practical to make a holy place only from one camp. Majdanek served good in the past, but since the number of victims lowered from 1,7 milions to 78,000 and the chambers are even more absurd than in Birkenau (not to mention that their number shrinked from 7 to 3 or 4, not sure if the chamber with window is still part of the story) so they propably don´t want to promote it so much.

              I only wonder how can somebody believe in these chambers.

              Comment by Bob — January 8, 2012 @ 4:06 pm

        • Majdanek is absolutely worth a visit. The main gas chamber building is right next to the disinfection building. I was with a tour guide, so I didn’t have a chance to look through the windows of the disinfection building. I don’t even know if it has windows. Of course, it is not open to visitors — probably because it is identical to the gas chamber building. The reconstructed gas chamber is interesting; a floor drain is right below the opening where the Zyklon-B pellets were poured in.

          Comment by furtherglory — January 8, 2012 @ 3:22 pm

          • Weber admits in this interview that “I think some Jews were gassed” and says that Revisionism has already done as much as it can, and that Butz and Faurisson called for his resignation.
            He takes some serious stick from the callers. One accuses him of having a Mossad handler.

            “a floor drain is right below the opening where the Zyklon-B pellets were poured in.” – Vorsprung durch technik.
            Have they recreated the mud & slime used to hermetically seal the Majdanek gas chamber door!

            Comment by Black Rabbit — January 8, 2012 @ 3:45 pm

            • Thank you for information.

              I am just curious, did he said what proofs he discovered that he agree with gassings? I always wonder when I hear about some revisionist who thanks to some “miraculous proof” begin to speak about gassings and that it happen, I mean Charles Provan, Irving, Weber…but I never saw any proof provided by these former revisionists.

              Comment by Bob — January 8, 2012 @ 4:12 pm

          • This gas chamber built up by Soviets is propably no logner part of the story long time ago as even Pressac wrote:

            “The seventh alleged execution gas chamber is located in the new crematorium,
            in which a massive complex of five Kori single-muffle furnaces is installed
            which could cremate approximately 300 (or 1,000, according to official sources)
            bodies per day in a 24-hour operation.[417] The acting Director of the [Majdanek]
            Museum has informed this author that this gas chamber saw only little—really
            very, very little—use, which means, plainly speaking, that it was not used at all.
            This fiction is maintained in order to preserve the popular belief that a crematorium
            must necessarily have included a gas chamber (as for example the crematoria
            of Auschwitz-Birkenau).”

            Jean-Claude Pressac, “Les carences et incohérences du rapport Leuchter”, in: Journal J,
            December 1988. p. IX.

            But they propably still tell to tourist that this chamber was used, I am not sure I wasn´t there.

            Comment by Bob — January 8, 2012 @ 3:59 pm

    • Black Rabbit, this book, “The Holocaust Sites of Europe: An Historical Guide” might come handy for your trip; you can read it here.

      Will you make some extraordinary discovery over there ?

      You bet !

      be CAREFUL.

      Comment by Eager for Answers — January 9, 2012 @ 9:30 am

      • Thanks Eager.

        I’ll keep my scepticism of the “gas chambers” to myself when I’m there.

        Comment by Black Rabbit — January 10, 2012 @ 7:31 am

  4. Judical notice was in existence during Nuremberg trial, without it, they would have nothing I guess, so thanks to judical notice they accepted as a “proof” almost everything including famous soap allegedly made from jewish fat.

    “Article 19.

    The Tribunal shall not be bound by technical rules of evidence. It shall adopt and apply to the greatest possible extent expeditious and nontechnical procedure, and shall admit any evidence which it deems to be of probative value.

    Article 21.

    The Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof. It shall also take judicial notice of official governmental documents and reports of the United Nations, including the acts and documents of the committees set up in the various allied countries for the investigation of war crimes, and of records and findings of military or other Tribunals of any of the United Nations.”

    In the case of using standard techniques for proving crimes, they would not have nothing I guess. I consider this judical notice as a fatal professional and personal failure of every judge.

    I was believer when I uncritically accepted all what I saw or hear about it, but now me too demand proof, just one proof like R. Faurisson cause I still didn´t saw any proof. If someone here have some proof for gassings, mass shootings of hundred of thousands or even millions of peoples, for extermination plan or for number of alleged victims, please tell me, you are welcome, because I am open to accept it if your proof pass my critical analysis.

    Judges should take judical notice of Santa Claus, I hate those Santa´s deniers, everybody know that he exist.

    Comment by Bob — January 8, 2012 @ 11:54 am

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