Irving v. Lipstadt

Appeal

Holocaust Denial on Trial, Skeleton Argument of the Claimant (long): Electronic Edition, by Adrian Davies

Table of Contents
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Goebbels' diary entries for 27 March 1942 and 30 May 1942

86.5.150: Gray J's summary, viz. "Irving regarded Goebbels's diary entry for 30 May 1942 as constituting 'acres of sludge' not worth including in his book." is to be contrasted with what Irving actually said on Day 5 at page 54: "Acres of sludge, is it not? If I had to put all that into a book, the book would sink under its own weight."
87.That sets out the position of any author; Irving had to produce a book of economic size and readability. Gray J has omitted these overriding economic and publishing reasons for shortening a text.
88.13.37 Gray J says:--
"I have concluded without hesitation that the manner in which Irving deals in Hitler's War (both editions) with Goebbels's diary entry of 27 March 1942 is misleading and unsupported by the circumstantial evidence."
 
89.These observations should be compared with Gray J's approach to the Schlegelberger Memorandum, which was dictated or typed by a lawyer and minister, Schlegelberger, at Lammers' (the head of the Civil Service's) dictation: that is "hearsay" (13.33). The Goebbels diary is a private diary note typed by junior civil servant Richard Otte at "Big Lie" propaganda minister Goebbels' dictation of alleged remarks by Hitler. Yet it is suggested that Irving ought to have quoted the diary at greater length, even though Goebbels himself uses the word wohl (omitted by Evans, who castigates Irving for selective quotation), stating that liquidation is probably happening, i.e. it is not a statement of fact, but of belief.
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