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October 9, 2015

On this day in 1981, Holocaust deniers were defeated in court

Filed under: Uncategorized — Tags: , , , , — furtherglory @ 8:49 am

The case of Moshe Mermelstein vs. a denial group wound up pulling the rug out from under the feet of Holocaust deniers.

This headline is on the news article which I quoted above:

A U.S. Court rules that the Jews were gassed in Auschwitz

The following quote is from the news article:

On October 9, 1981, Judge Thomas T. Johnson of the Superior Court of Los Angeles ruled once and for all that Jews had indeed been gassed to death in Auschwitz. It was the first time a court in the United States had ruled that the existence of the Holocaust was something that did not need to be proved when it arose in a court case.

Judge Johnson’s “judicial notice”, acknowledging the incontrovertibility of the fact that Jews had been gassed in Auschwitz, came in the case of survivor Mel Mermelstein. He had sued the Institute for Historical Review, a self-styled “revisionist” group, when it refused to pay him the sum of $50,000, which it had promised to pay for “verifiable proof that gas chambers for the purpose of killing human beings existed at or in Auschwitz.”

The notice didn’t mark the end of the judicial proceedings, but it virtually guaranteed that Mermelstein would win his case if and when it went to trial.

What qualifications did the judge have to rule on the existence of gas chambers in the Holocaust?  Had he gone to Auschwitz-Birkenau and examined the ruins of Gas Chamber No. 5, where the relatives of Mermelstein had been gassed?  No, of course not!  The judge was qualified to rule on this case because he was a judge.

Keep in mind that, in 19 countries today, you could wind up in prison for 5 years or more for denying the Judge’s ruling.

Gas chamber number 4 at Auschwitz was exactly like Gas Chamber 5.

Gas Chamber number 4 at Auschwitz was exactly like Gas Chamber 5

The photograph above shows the gas chamber building known as Crematorium IV, or Krema IV, taken in the Summer of 1943 after it became operational.

This building was blown up by Jewish inmates in a camp rebellion on October 7, 1944. The Krema IV gas chamber, disguised as a shower room, was located above ground in the wing of the building which is to the left in the picture. Note that the roof line of the gas chamber is lower than the roof of the main part of the building. Zyklon-B poison gas pellets were thrown into the fake shower room through windows on the outside wall of the gas chamber. (Don’t laugh — the Nazis were very advanced in scientific matters. They had the best engineers in the world.)

Sorry, but I can’t find a photo of Krema V, which was a mirror image of Krema IV.

A group of Jews pause for a photo as they head for the Krema V gas chamber

A group of Jews pause for a photo as they head for the Krema IV or Krema V gas chambers

In the far right hand corner of the photo immediately above, you can see a gate into the section of Auschwitz-Birkenau where the Sauna was located.

My 2007 photo of the gate into the section where Krema 5 was located

My 2007 photo of the gate into the section where Krema V was located (Click to enlarge)

The Sauna was the building where there was a shower room for the prisoners who were not gassed. Across the road, was the place where gas chambers No. 4 and 5 were located.

Are the Jews in the photo above headed to the shower room in the Sauna, or to a gas chamber?  It is impossible to determine their fate. Some of them look as if they are capable of working, but this would not have precluded gassing.  There was no rhyme nor reason for the gassing selections.

The Sauna was located across the road from gas chambers Number IV and V

The Sauna was located across the road from gas chambers Number IV and V

In a book entitled An Uncertain Hour, the author, Ted Morgan, wrote about a survivor named Otto Abramovic who stayed behind when the Auschwitz-Birkenau prisoners were evacuated on January 18, 1945. “He hid out in the area around Canada, which he knew well, and when the Russians arrived on January 27, he was there to greet them, for he spoke some Russian. He became their guide to scenic Canada, with its mountains and rivers – mountains of clothing, mountains of shoes, rivers of hair, rivers of gold teeth.” Other sources claim that the Nazis set fire to the buildings in “Canada” before they left.

At the end of October 1944, Heinrich Himmler had ordered gassing with Zyklon-B to be stopped, according to a guide book sold at Auschwitz; the last “selection” of prisoners was on October 30, 1944.

This decision, according to the guidebook, was prompted by the liberation of Majdanek and the discovery, by soldiers of the Soviet Union, of the incriminating evidence of 500 cans of Zyklon-B and three remaining gas chambers with blue stains on the walls, left by the gas. His decision was also influenced by the camp uprising when Crematorium IV was blown up by prisoners who used dynamite that had been smuggled in by women inmates who worked in factories outside the camp.

Crematorium V was blown up by the Nazis on Jan. 26, 1945, only the day before the 60th Army of the First Ukrainian Front arrived to liberate the remaining prisoners. Crematorium V was outside the barbed wire enclosure of the barracks and across an interior camp road from Crematorium IV.

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…)