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July 17, 2015

Proof of the Holocaust: a judge takes “Judicial Notice”

Filed under: Holocaust — Tags: , , — furtherglory @ 8:28 am
This gas chamber at Dachau was found by the American liberators of the camp

This gas chamber at Dachau was found by the American soldiers who liberated the camp

I have finished reading a book entitled The Holocaust Case, Defeat of Denial by William John Cox.

The proof of the Holocaust is given on page 41 of the book in the chapter headlined “The Decision.”

For anyone not familiar with legal terms, any judge can take judicial notice of anything, meaning that a judge can declare that anything is true and that it doesn’t have to be proved — because it is true — in the judge’s opinion.

This quote is from page 41 of the book, cited above:

[The Judge said this]

Under Evidence Code Section 452(h) this Court does take judicial notice of the fact that Jews were gassed to death at Auschwitz Concentration Camp in Poland during the summer of 1944.

[The author of the book wrote this]

The judge not only took judicial notice that Jews were gassed to death in the Auschwitz concentration camp in the summer of 1944, but his ruling went further than I had ever hoped for and clearly laid to rest the most critical issue in the case.  The Holocaust was simply a fact!

[The Judge wrote this]

Now, that is not the entire issue in this lawsuit as I see it.  And in taking that judicial notice, I am not relying on offers of proof, really, by–or declaration by this plaintiff. It just is simply a fact that falls within the definition of Evidence Code Section 452(h).

It is not reasonably subject to dispute. And it is capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy. It is simply a fact. It does not determine this lawsuit necessarily. (Appendix C)

It is time for me to shut down my blog.  Nothing that I have to say will make any difference. The Holocaust is a fact, as declared by a judge, who knew absolutely nothing about it.

In other words, any person, who has done no study of the Holocaust whatsoever, knows that the Holocaust is a fact. And if that person is a judge, he or she can take judicial notice that the Holocaust is a fact.

My 2005 photo below shows the gas chamber in the main Auschwitz camp.  This gas chamber is a fact, as ruled by a judge, so don’t go denying it. [ Don’t worry about the hot ovens next door, this would not have caused an explosion.]


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.    (more…)

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