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Holocaust Denial on Trial, Trial Transcripts, Day 27: Electronic Edition

Pages 181 - 183 of 183

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    Not with respect to the DVU. As I stated it before, you
 1cause or its cause as an anti-Semitic, right-wing
 2extremist, and often denialist, as you can see in the
 3newspapers and as are referred to by the articles thing.
 4So it is a kind of mutual interaction with often very
 5cautious tactic lines.
 6 Q. [Mr Irving]     But, Professor Funke, each of those activities or
 7agitation factors that you list there, propagating hatred
 8against foreigners, anti-Semitism, inciting violence, each
 9of those would be an illegal activity if it was true. So
10why was the DVU never prosecuted, as you say it was not?
11 MR JUSTICE GRAY:     You asked that before.
12 MR IRVING:     Yes, my Lord, but I wanted to underlined the point,
13if the DVU is accused in that sentence of conducting these
14activities, it seems highly improbable given that they
15were never prosecuted.
16 A. [Dr Hajo Funke]     Again, Mr Irving took sides with this extremist party, and
17I can go into details of how intense anti-Semitic party
18members and the newspapers are. There is no doubt about
20 Q. [Mr Irving]     But not in the extreme form.
21 A. [Dr Hajo Funke]     The other part of the answer is that that does not mean
22that this party is illegal, because of the special
23importance parties, as parties, were given by the
24constitutional law as a reaction to the period before, and
25that includes that the political party has a special ----
26 THE INTERPRETER:     A right to participate.

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 1 A. [Dr Hajo Funke]     --- stated by the constitutional law directly. So it is
 2very difficult to push aside parties when they not only
 3claim but by their structure are parties, although they
 4may not be in the internal structure democratic ones.
 5This is why at the beginning it was so extended to
 6describe the specifics of the German political system and
 7the right-wing extremist cause they have to fight.
 8 MR IRVING:     I think it would be easier to deal with
 9personalities tomorrow, my Lord, because the organizations
10are clearly problem.
11 MR JUSTICE GRAY:     So that I have some idea of the timing, how
12much cross-examination?
13 MR IRVING:     I have one more day at this rate, less than a day.
14 MR JUSTICE GRAY:     A day of cross-examination of Professor
16 MR IRVING:     I think so, yes.
17 MR JUSTICE GRAY:     Your original estimate was half a day.
18 MR IRVING:     I will abbreviate it then.
19 MR JUSTICE GRAY:     No, do not do it because I say that.
20 MR IRVING:     Your Lordship is excellent at brooming me along and
21making me scrap hours of work.
22 MR JUSTICE GRAY:     It is a matter for you to take whatever
23course you think.
24 MR IRVING:     If I know your Lordship is not going to pay
25attention to those matters ----
26 MR JUSTICE GRAY:      I have give you a very, very clear

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 1indication I hope of what I would be paying attention to.
 2 MR IRVING:     Had I had that indication last night ----
 3 MR JUSTICE GRAY:     I agree, but I did not know what you were
 4going to be asking about. 10.30 tomorrow.
 5 < (The witness withdrew)
 6(The court adjourned until the following day)

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