Irving v Penguin Books & Lipstadtcase 1996‑I‑1113 · QBD
moments
moments

Moments across the trial

Some exchanges in Irving v Penguin echo across days. Seven moments of cross-day or evidentiary significance live here, with chips on the days where each recurs. These are units of the trial that are complete in themselves — fifteen to fifty lines that show, in miniature, what was at stake.

The 'baby Aryan' ditty

In transcript

Rampton cross-examines Irving on the rhyme he wrote for his nine-month-old daughter Jessica

Justice Gray cited this exchange in his April 2000 judgment as direct evidence of Irving holding racist views. The "ditty" passage is one of the most-quoted moments of the trial; the phrase "perverted racist father" is Rampton's, said to Irving's face.

Primary Day 14 · L0855–L0890 Phase Cross-examination of Mr Irving by Mr Rampton Recurs Day 18, Day 27, Day 32 Cited in Mr Justice Gray, Judgment, 11 April 2000
cross-examinationracismdittyJessicaSearchlightevidence-of-racist-views
Day 14 · Cross-examination of Mr Irving by Mr Rampton
Rampton"A quiet evening at home", etc, "Jessica", who is Jessica?
IrvingMy little infant child.
RamptonNine months old in September 1994. "Jessica is turning into a fine little lady. She sits very upright on an ordinary chair. Her strong back muscles, a product of our regular walks in my arms to the bank, etc., I am sure. On those walks we sing the binkety-bankety-bong song. There are two other poems in which she stars: 'My name is baby Jessica. I have got a pretty dressica, but now it is in a messica' and, more scurrilously, when half breed children are wheeled past" and then you go into italics, "'I am a baby Aryan, not Jewish or sectarian. I have no plans to marry an ape or a Rastafarian"?
RamptonRacist, Mr Irving? Anti-Semitic Mr Irving, yes?
IrvingI do not think so.
RamptonTeaching your little child this kind of poison?
IrvingDo you think that a nine month old can understand words spoken in English or any other language?
RamptonI will tell you something, Mr Irving, when I was six-months old, I said, "Pussy sits in the apple tree until she thinks it is time for tea"?
Justice GrayYou were very precocious!
RamptonI was, but then I burned out at two!
IrvingYes. Perhaps I should set this in its context. The scurrilous magazine "Searchlight" (about which we will, no doubt, hear more) had just published a photograph of myself and Jessica and her mother, who is very blond and very beautiful, and it had sneered at us as being the "perfect Aryan family".
Rampton--- ditty by her perverted racist father.
— recurs —
Evans expert testimony — cross-examination of Professor Evans by Mr IrvingMr Justice Gray re-opens the ditty: 'is the use that is made of the ditty unrepresentative of the diaries?' Evans replies 'There is not a ditty a day, it is one ditty, but there are many other remarks of that sort.'
Irving cross-examined late in the trialIrving raises the ditty himself, defending his decision not to suppress it from his diary: 'the little racist ditty that Mr Rampton thinks I should be horse whipped for.'
Irving closing speechIrving asks the judge to take the 'ugliest example' (implicitly the ditty) and weigh it against his career as a whole.
Cited in judgment Mr Justice Gray, Judgment, 11 April 2000 — Gray's judgment cites the ditty exchange in finding that Irving holds racist views.

Irving brings the Bletchley intercepts to court

In transcript

Day 3 — Irving reads the wartime decrypts of SS police-radio traffic into the record from counsel's bench

The intercepts are a foundational evidentiary corpus: SS-police messages that were transmitted over military radio during 1941–1943, intercepted by Bletchley Park, decoded at the time, and released to historians in stages from the 1990s onward. They include the Höfle telegram of 11 January 1943 reporting 1,274,166 arrivals at the four Reinhard sites by 31 December 1942 alone. Irving's decision to introduce them himself — reading them aloud from counsel's bench — left them in the record on his terms, and made them available for cross-examination and judgment without the defence having to formally adduce them.

Primary Day 3 Phase Irving evidence-in-chief, third day Documents SS-police decrypts incl. Höfle telegram 13/15 Jan 1943 Bearing on Reinhard camp totals
bletchleySS-decryptshöfle-telegramoperation-reinharddocumentary-evidence
Day 3 · Irving reads from the decrypts
L— · note
Day 3 of Irving v Penguin includes long passages of Irving reading the radio-intercept traffic into the record. The Höfle telegram is the most evidentially weighty piece: a routine SS administrative message giving cumulative arrival counts at the four Reinhard sites — Lublin (Majdanek), Bełżec, Sobibor, and Treblinka — through the end of 1942. The number for Treblinka alone is 713,555.
— context
These same decrypts return on Day 17 (Browning) when Mr Justice Gray asks Browning to put a figure on the killings at the Reinhard camps. The exchange there proceeds against the documentary backing that Irving himself had read in three weeks earlier.
— bearing later in the trial —
Browning evidence-in-chiefMr Justice Gray asks Browning to estimate the killings at the Reinhard camps. Browning's answer is on the record.
Editorial figures tableThe Einsatzgruppen returns table in Browning §A. See also the 363,211 figure in Himmler's Reports to the Führer on combatting partisans No. 51 (¶ 417).

Van Pelt and the chimneys: Irving's "tar barrels"

In transcript

Day 10 — Irving argues that the four marks on the 1944 aerial photograph of Krematorium II are shadows of tar barrels, not the Zyklon-B introduction chimneys van Pelt's report identifies

This is the peak of Irving's engineering critique. He has the photograph; he has van Pelt; he wants to put it to the witness that the dark marks visible from the air do not align with the chimneys visible from the ground, and therefore cannot be the same objects. Van Pelt's response, walked through across the next sequence of pages, is to produce the construction-period ground photographs that show the chimneys themselves rather than their shadows. The exchange is the closest the trial gets to a single-document Auschwitz argument, and Gray notes in the judgment that "no real substance" attaches to Irving's points against van Pelt's evidence.

Primary Day 10 · L0270–L0290 Phase Irving cross-examines van Pelt Documents 1944 aerial photographs · 1941 Bauleitung construction plans Bearing on Auschwitz gas chamber claims
auschwitzkrematorium-iiaerial-photographszyklon-btar-barrelscross-examination
Day 10 · Irving's tar-barrel argument
IrvingThe substance of Irving's question to van Pelt: what does the witness say about the spacing of the four smudges on the photograph compared with what Irving calls "the tar barrels on the roof"?
IrvingIrving's kill-shot phrasing: the smudges have "no connection whatsoever with the protruberances that are visible from ground level" because the spacing is "totally different." The argument is that what looks like introduction chimneys cannot be them.
— in reply
Van PeltProduces the contemporary ground photographs showing the chimneys themselves on the roof of Krematorium II, dated to the construction period, and the Bauleitung blueprints showing the four Drahtnetzeinschiebvorrichtungen in their as-built positions.
— bearing across the trial —
Van Pelt evidence-in-chiefThe 762-paragraph report walked through under Rampton's examination. Sets up the convergence-of-evidence framework that this cross-examination tries to attack one element at a time.
Continued crossVan Pelt's third day under cross. By the end of this day's evidence, Irving has conceded that approximately 500,000 Jews were killed at Auschwitz — a figure he could not square with his published position.
Gray on AuschwitzGray finds "no real substance" in Irving's points against van Pelt's evidence; accepts the convergence-of-evidence reasoning.

Auschwitz: from four million to "approximately 500,000"

In transcript

Days 9–11 and Day 20 — Irving's published 100,000 figure does not survive cross-examination; he concedes a figure roughly five times higher under questioning

From the 1980s onward Irving's public position was that the Auschwitz death toll was approximately 100,000. He repeated the figure at the 1986 Australia press conference, on which the defence put a recording. By the end of his three-day cross-examination of van Pelt, working from van Pelt's transport-list analysis, Irving had conceded that approximately 500,000 Jews were killed at the camp — five times his published figure, and still well below the figure (~1.1 million) that has stood in mainstream historiography since Piper's 1993 archival work. The concession is one of the most pointedly cited moments of the trial in Gray's judgment.

Primary Day 9 · L0587 Reprise Day 20 — the 1986 Australia recording Phase Irving cross-examining van Pelt; Rampton playing the 1986 press footage Bearing on Auschwitz death-toll claims
auschwitzdeath-tollconcession1986-australiafour-millioncross-examination
Day 9 · Irving on the "extraordinary explanation"
Irving"On the one hand, we are told that 4 million people had been killed in Auschwitz, and yet these people were being put on trial for the murder of 300,000. There is no mention of the other 4 million in round figures."
— context
Irving uses the Soviet four-million figure (long rejected by Western historians) as a rhetorical foothold; van Pelt explains that the 300,000 in the 1947 Cracow trial was a deliberately conservative prosecution charge tied to provable named-victim counts, never offered as a total.
— bearing across the trial —
Rampton plays the 1986 Australia recordingThe recording in which Irving states his 100,000 figure. He is asked, on the record, to reconcile that figure with the figure he has just conceded under cross-examination of van Pelt.
Gray on the concessionGray cites Irving's revised figure as evidence that he had not previously stated his historical position responsibly.

The Schlegelberger memorandum

In transcript

Day 24 — Irving asks Longerich whether the March 1942 Justice Ministry note is "a key document in the history of the Final Solution"

The Schlegelberger memorandum is the document Irving's anti-order thesis rests on: a 1942 Justice Ministry note in which a subordinate official summarises a conversation in which Hitler is understood to have said the Jewish question should be deferred until after the war. Irving treats the document as decisive. Longerich, the Royal Holloway historian whose principal field is the German persecution of the Jews and Himmler's biography, walks through the document's actual scope (the Mischling question, not extermination) and its position in the surrounding documentary record (in the same period Hitler is approving deportations). The exchange is a clean specimen of what was at stake on the Hitler-knowledge question: whether one document, read in isolation, can overturn a documentary chain of correspondence stretching across two years.

Primary Day 24 · L0236 Reprise Day 24 · L1050 — Irving's flat "no order" thesis Phase Irving cross-examines Longerich Bearing on Hitler's order claims
schlegelbergerhitler-orderlongerichmischlingmarch-1942cross-examination
Day 24 · Irving's question to Longerich
Irving"Do you consider the Schlegelberger document to be a key document in the history of the Final Solution?"
— in reply
LongerichThe document is real, the conversation it summarises is real, and the conversation is about a different procedural question (whether the Mischlinge are subject to the deportation regime). Treating the document as a stand-in for "Hitler did not authorise the killing" requires ignoring the simultaneous correspondence approving deportations.
Irving"There is no evidence up to 1941... of any directives by Hitler to exterminate Jews, no order for a systematic extermination of the Jews that you are aware of by the middle of 1941?"
— bearing later in the trial —
Longerich Day 2Continues with the Karl Wolff document on slave-labour conditions and IfZ archival manuscripts that bear on Hitler's knowledge.
Longerich Day 3The "camouflage thesis" — how the linguistic register of contemporary documents (Sonderbehandlung, Aussiedlung) reads to a historian working in the period.
Gray on SchlegelbergerGray adopts Longerich's reading of the document and the surrounding record.

"We are looking really between the lines, are we there?"

In transcript

Day 24 — Irving's question to Longerich about reading the Wannsee Protocol

The Wannsee Protocol does not, on its face, use the word killing. The conference, held on 20 January 1942, occurred six months after bullet-killings in the East began, more than a month after Chelmno's first gassing, and during construction of Bełżec. The Protocol's euphemistic register (Sonderbehandlung, Aussiedlung, "natural reduction through labour") is the language all comparable Nazi documents use; it is not coy translation. Irving's question — whether the historian is being asked to read "between the lines" — gestures at a sceptical-empiricist reading that requires every assertion of central direction to be backed by a single edict. Longerich's reading is the contrary: that the lines themselves say what they say in the period's own working vocabulary.

Primary Day 24 · L1346 Reprise Day 25 · L1081 — Irving's "ad hoc gas vans" challenge Phase Irving cross-examines Longerich Bearing on No-master-plan claims
wannseeprotocollongerichbetween-the-lineseuphemismsystematic-vs-ad-hoc
Day 24 · Irving's question
Irving"So we are looking really between the lines, are we there? Again, we have nothing specific to point to."
— context
The exchange concerns the Wannsee Protocol's reference to the eleven million Jews of Europe being subject to a programme that the Protocol describes in administrative-evacuation language. Longerich's reading: the lines say what they say; Sonderbehandlung meant killing in the period's working vocabulary, and the surrounding documents (Höfle, the Reinhard camps already operating, the Einsatzgruppen returns from the East) say so unambiguously.
Irving"Was any plan made to build these gas vans before the beginning of Barbarossa, or was it a kind of ad hoc killing method that was developed during the Barbarossa campaign?"
— bearing across the trial —
Systematic character of the killingsThe principal report on the centrally-directed coordination of the killing: T4-to-Reinhard personnel flow, standardised reporting traffic, the Höfle accounting.
Gray on Hitler's knowledgeGray adopts Longerich's reading of the Wannsee Protocol and the surrounding documents.

The 'mein Führer' slip

Not in transcript

Irving addresses Mr Justice Gray as 'mein Führer' during closing arguments — silently corrected by the court reporter

Famously cited as the moment that crystallised Irving's position in the trial. The slip occurred during closing arguments while Irving was, with apparent unintended irony, describing a 1991 Halle rally where his audience chanted "Sieg Heil" at him. The official transcript replaces it with 'my Lord'; the slip survives only in Lipstadt's memoir.

Primary Day 32 · L0182 Phase Irving's closing address — Halle/Sieg-Heil passage Cited in Deborah E. Lipstadt 2005, History on Trial: My Day in Court with David Irving Transcript redacted
closing-argumentverbal-sliptranscript-redactionHalle-rallySieg-Heil
Day 32 · the official transcript
IrvingI will move on to 51, my Lord. When I found out - too late - that this fake evidence had been planted on Canadian files, which resulted in my being deported from Canada in handcuffs on November 13th 1992, I was angered and astounded that a British organisation could be secretly doing this to British citizens. It turned out from these files that academics with whom I had freely corresponded and exchanged information, including Gerald Fleming, had been acting as agents and informants for this body. I submit (which is why I am reading this out) that these are the bodies that collaborated directly…
— redaction note —

The two-word slip 'mein Führer' does not appear in the official trial transcript at Day 32 · L0182. The official record reads 'my Lord.' This is not unusual: in English legal proceedings, court reporters routinely correct minor verbal slips — mispronunciations, false starts, inadvertent word substitutions — when typing up the official transcript. This is standard practice and is not specific to this trial. The slip is documented here because Deborah Lipstadt witnessed it firsthand and recorded it in her memoir, and because Irving's choice of address in that moment has been widely cited as revealing.

Irving was anxious to distance himself from these chants. That may explain what happened next. After repeating that he tried to stop the chants, he looked at Judge Gray and, instead of punctuating his remarks with 'my Lord,' as he commonly did, he addressed him as 'mein Führer.'
— Deborah E. Lipstadt, <em>History on Trial: My Day in Court with David Irving</em>, Ecco / HarperCollins, 2005, 16. 'MEIN FUHRER': A SURREALISTIC SLIP, approximately pp. 263–264