Zuendel in 1968 with a full head of hair, and fluent in English and French as well as his native German, speaks at the Liberal Party leadership convention in 1968. He called for an end to German-bashing movies on Canadian tv. Of course, he was ignored by the sheeple — and they voted for the toxic narcissist Pierre Trudeau.
I dedicate this blog to a special supporter, a friend in need who’s a friend indeed …. whereas getting help from others is, well, like pulling teeth. 😉
Ernst Zündel died of heart failure on August 5 at his ancestral home in the Black Forest region of southwestern Germany, near Pforzheim, one day before the anniversary of the atomic holocaust in the city of Hiroshima, Japan. He was 78. He passed away seven years and five months after having served seven years in confinement in Canadian and German prisons for thought crimes committed as a publisher, broadcaster and protestor. To make the inquisition against this German human rights activist palatable to the public, his “crime” is monotonously described as “inciting hatred for years with anti-Semitic activities.”
In America the yahoos are stirred to outrage by the spectre of Islamic “Sharia law” coming to Mayberry, while they are oblivious to the Talmudic law and psychology which suffuses the U.S.A. Talmudic halacha is a two-tiered legal system: one law for the Holy People and another for everyone else. Thus it is written in Sanhedrin 57a, “Regarding bloodshed, the following distinction applies: if a non-Jew killed another non-Jew, or a non-Jew killed a Jew, the killer is liable for execution; if a Jew killed a non-Jew he is exempt from punishment.”
By the same logic, if a Judaic incites hatred of Germans it is not a crime, it is a well-deserved act of retribution. Zündel spent his life fighting this corrupt double-standard. He did so not for philosophical or ideological reasons. Rather, he believed that relentless anti-German hate propaganda was a kind of psychological warfare and mental genocide which internally colonized the souls of the German people, radically reducing their self-worth and causing them to engage in self-destructive and suicidal behavior.
His lifelong campaign to counter anti-German hatred and Talmudic bigotry has been transformed through the alchemy of media falsification into itself an act of hate, and it is at this omega point that Ernst’s persona has been frozen by the Establishment. “He was a hater!” That’s all we’re supposed to know, or need to know, about his life and work.
Having emigrated to Canada as a young man of 19, he became a sought-after graphic artist, working for national magazines. That he was a public relations genius is indisputable. In the 1960s he began placing advertisements in comic books, urging freedom for imprisoned Nazi leader Rudolf Hess, and for a volume about “Nazi UFOs,” the latter a publicity stunt intended to build the revisionist history mailing list he was gradually compiling. By the late 1970s, when the Newspeak distortion of the word “holocaust” began to be appropriated by the Zionist lobby and applied exclusively to the sufferings (both real and imagined) of Judaic people in World War II, Ernst began his counter-offensive, making contact with the academics and historians in the burgeoning revisionist history movement that was questioning the “Holocaust” liturgy.
By 1983 his mass mailings had become so extensive that the powerful Zionist lobby in Canada forced the government to ban Zündel from using the mail. He was forced to publish from a Buffalo, New York-area post office, hundreds of miles from his base in Toronto.
JdN: My location in Ontonagon, Upper Peninsula of Michigan; Toronto and Buffalo
[JdN: The “Peace Bridge” between Canada and the USA — two brother peoples who, with the Mother Country are united by total Jewish servitude! ]
The Niagara Falls on the Canadian side
For publishing doubts about the existence of execution gassing facilities in concentration camps, he was indicted for distributing “false news.” He went to court in Toronto in January, 1985, in what would become known as “The Great Holocaust Trial,” having assembled a stellar legal and history research team led by Doug Christie [photo], who was at that time an obscure, upstart attorney from British Columbia, and Dr. Robert Faurisson, a French academic with a vast command of World War II revisionist history.
[JdN: This and the following photos and captions were added by me, John de Nugent]
Zündel’s own World War II-generation of Germans rallied around him. The large Victorian “Zündelhaus” in Toronto was filled with German people acting as defense witnesses in the trial and assistants in various capacities. There were also non-Germans across the spectrum, including Judaicssuch as the brilliant and eccentric Ditlieb Felderer, the inaugural forensic investigator and photographer of the Auschwitz-Birkenau slave labor camp.
Ernst was not a provincial German. He was cosmopolitan and sophisticated, with broad tastes and sympathies. He forged alliances with everyone from Judaics disgruntled with the Israeli state and Judaism, to the former Attorney General of Massachusetts who would call Ernst in the middle of the night during the 1985 trial and offer him legal advice.
In the course of the 1985 trial the Crown prosecution called many “unimpeachable Holocaust survivor eyewitnesses” to the stand, in order to send Zündel to prison. Under cross-examination, each one was reduced to a quivering pile of fantastic or contradictory testimony that was essentially worthless. Rudolf Vrba, one of the first “major witnesses” to the alleged homicidal gas chambers, an “eyewitness” who was regarded as a pillar of “Holocaust” survivor testimony, was made to concede under oath that his book, I Cannot Forgive, could not stand up in court and was only an “artistic picture” of Auschwitz. Because of the embarrassing revelations elicited from these witnesses, no “Holocaust survivors” were called to testify in defense of Deborah Lipstadt in the course of David Irving’s libel suit against her (a fact noted by the actor playing the part of her barrister Anthony Julius, in the 2016 Hollywood movie, “Denial”).
The most eminent “Holocaust” historian of the 1980s was Dr. Raul Hilberg. During the Great Holocaust Trial he was compelled to admit on the witness stand that there was no scientific evidence of homicidal gassings. “I’m at a loss” were the shocking words this “leading Holocaust scholar” uttered when asked by Christie to cite such evidence.
The resolute Zündel in his hard hat and Christie at a press conference
Ernst’s initial conviction on the ridiculous 1985 false news charge was overturned on appeal to the Ontario Court, citing presiding Judge Hugh Locke’s overwhelming bias toward the defendant.
Zündel was tried yet again in 1988; that trial is noteworthy for having produced engineer Fred Leuchter’s unprecedented Leuchter Report on the impossibility of mass chemical poison gassings in the facilities he personally studied and sampled in Auschwitz-Birkenau. Ernst published many tens of thousands of copies of Leuchter Report for circulation world-wide.
On more than one occasion we have referred to Ernst as the-man-who-was-perpetually-on -trial. He underwent court appearances over the ban on his using the Canadian mails, his two trials, the appeals, his immigration case in the U.S. and his trial in Germany, which led to his lengthiest imprisonment. The word “martyr” is derived from a Greek word for a defendant in court. The connotation is of a man or woman willing to defy authorities formally, and face to face. This was Ernst’s destiny.
On August 27, 1992, in a historic decision by the Supreme Court of Canada, which was a landmark victory for every Canadian’s civil liberties, the “false news” portion of the Canadian criminal code was overturned.
There was a price to be paid for these successes, however. The Talmud is a book which has made a religion out of revenge. William Shakespeare had Portia finger it when she told Shylock in The Merchant of Venice that contrary to Shylock’s call for “justice,” the Christian posits mercy, because none of us can withstand God’s justice. The problem in making that type of argument is that the religion of revenge entails self-worship, and part of its megalomania rests upon giving God orders (cf. Bava Metzia 59b). Therefore, revenge, not mercy, is the order of the day for the Talmudists. Consequently, in 1989 Prof. Faurisson was horribly beaten by a member of Betar, a French Zionist terror group.
No one was prosecuted. On May 7, 1995 Ernst Zündel’s Victorian home and headquarters in Toronto was destroyed by arsonists. The police barely bothered to investigate. No one was prosecuted.
In February, 2003 Ernst was living peacefully in Tennessee with his German-American wife, Ingrid Rimland, when he was arrested for “violations of U.S. immigration regulations.” He was jailed for two weeks and subsequently deported to Canada, where he had “landed immigrant” status. Labeled a terrorist in a secret Canadian star-chamber court, the man who had never even had a speeding ticket and consistently preached non-violence, was incarcerated for two years on a “Security certificate,” under abominable conditions of solitary confinement, while fed wretched food, observed 24 hours a day with lights never turned off, denied proper writing and reading materials, and confined in a remote, high security facility.
JdN: He was accused by Canada of being friendly with Dr. William Luther Pierce, a highly respected former physicist and national socialist leader, who foundedand ran the National Alliance with a HQ in Virginia and later West Virginia
He was deported to Germany in 2005 where, a few weeks short of his 66th birthday he began serving five years in Mannheim prison for publishing questions about gas chambers in books and other media, including online on his internationally-renowned “Zundelsite” web page.
Upon his release in 2010 he lived quietly in a home in Germany that had been in his family for hundreds of years. Without complaint he cheerfully set to work personally clearing brush and trees and making repairs to the ancient homestead. He never whined. He had not been raised in a culture where “Oh, how I suffered!” was a standard of self-definition. He didn’t moan about his fate because he was a German of the old school, for whom the words inculcated from youth, Lerne leiden ohne zu klagen (“Learn to suffer without complaining”), were ringing in his ears until the day he died.
Prior to 2017, Ernst applied for an immigrant visa so that he could reside with his wife in Tennessee. Last spring, less than a week before his 78th birthday, the U.S. Department of Homeland Security ruled on his application, as follows:
“[I]n 2007 the Applicant was convicted in Germany of 14 counts of incitement to hatred and one count of violating the memory of the dead. The Applicant was sentenced to an aggregate of five years in prison. And though a waiver of inadmissibility was possible — because of extreme hardship to Zundel’s elderly wife — the office concluded that there was good reason to deny the waiver: The negative factors in the Applicant’s case include his long history of inciting racial, ethnic, and religious hatred. The record shows that the Applicant is a historical revisionist and denier of the Holocaust, distributing writings, books, tapes, videos, and broadcasts to promote his views. The record indicates further that these publications agitated for aggressive behavior against Jews. Furthermore, the Applicant has been a leader in these activities for decades and has shown no regret or remorse for his actions.”
“…these publications agitated for aggressive behavior against Jews.” This is a terrible lie, backed by no documentation.
We should not be surprised. We were forewarned 2,000 years ago about “children of hell” (Matthew 23:15) whose patriarch was “the father of lies” (John 8:44). If Jesus were alive today, he too would be serving time in Canadian and German dungeons and banned from the United States by Homeland Security.
If you are German of Ernst’s generation then you have heard of, or read, Karl May, the novelist who celebrated the American Indian. In Canada Ernst hosted a parade of German combat veterans of World War II, from privates to officers. Having read the novels of Karl May, often among the first requests these men would make was, “Will you to take me to meet the Indians?” There are photos of these old soldiers shaking hands and riding horses with the indigenous people of Canada, with Zundel accompanying them.
The Indians of North America are reputed to ask a question before they make any momentous decision: how will this affect the next seven generations? The question the Indians would pose if they were Germans — how will the admission of millions of hostile alien immigrants affect our children for the next seven generations?— is left unasked by 21st Germans, a majority of whom continue to support Angela Merkel, their posterity’s executioner, because she is good at managing the nation’s money.
Zündel was as much a holocaust survivor as anyone. In February, 1945 when he was not quite six-years-of-age, he heard the roar of the 367 bombers of Britain’s Royal Air Force, as its thundering fire bombs incinerated the German civilians of the nearby city of Pforzheim. He, his mother and siblings shook with fear, sheltering under a table during this holocaust, which we are not allowed to call by that name.
Pforzheim before 1945
Today…. modern and ugly…. The mountain, “der Wallberg,” is where the rubble was pushed, then the Germans dumped soil on top and planted trees.
Every day it seems there is something else we are not allowed to say or think, and this is what we should expect ever more of, in a world of illusion that calls Ernst Zündel, “a hater.” He has been made a scapegoat by people who are themselves guilty of undying hatred.
We have known few men who have loved our people and our civilization more than he did. It is not an exaggeration to say that he gave his life for love of them.
Michael Hoffman is the author of The Great Holocaust Trial: The Landmark Battle for the Right to Doubt the West’s Most Sacred Relic [published in French in 2016 as Le Grand Procés de L’Holocauste: L’Extraordinaire Aventure d’Ernst Zündel].
The great Ernst Zündel, whom I knew, died two days ago a heart attack (natural or induced, that is the question) in his native Calmbach in the famous Black Forest of Germany.
I rejoice in his wonderful karma, the result of a heroic, selfless life, committed to his race, his people and the truth. The angels now are giving him HIGH-FIVES!
Way back in the 1960s he was already getting active and actually was a speaker at, of all things, the Liberal Party convention in 1968, running for party leader! Zuendel got up and to the amazement of theblasé, denounced anti-German movies on TV. 😉 But he was a new face, and the now infamous Pierre Trudeau beat out him and the others.
I can’t think of another person who has had a larger impact on the way people think than Ernst Zündel. By standing up to the powers that be, and with a lot of help from his friends, he got the Supreme Court of Canada to eventually and begrudgingly validate the truth of what he was saying.
He got Holocaust Revisionism verified as a real subject with real questions about the historical record, and about the lies that continue to be told that utterly distort the truth of the world.
Of course, the truth never matters when it opposes the designs of the ever present Deep State,
So far from being able to celebrate his landmark legal victory with his friends, instead Zündel suffered years of imprisonment (at least seven, that we know of) and a permanent ban on public speaking that lasted right up until a few days ago when a heart attack took him away forever.
And all this because they found him innocent!
The charges were all spurious, never clearly defined. He was initially charged with a hate crime for publishing a book by Richard Harwood (a pseudonym) titled “Did Six Million Really Die?” Two trials drew Revisionist experts from all over the world, and they demolished all the fictional Jewish claims. Somewhere along the line somebody blew up Zündel’s house.
(Since that time, officials at the Auschwitz site have lowered their supposed death toll from 4 million to 1.4 million, but using Jewish mathematics, commentators on the Jewish TV networks continue to use the 6 million figure.)
So after being illegally kidnapped in Tennessee, abused for two years in Canada (they never turned out the lights in his cell and made him write with a pencil stub), they shipped him to Germany for five more years in a prison system in which the truth is no defense because it has been declared irrelevant by law. Since World War II German courts have been totally polluted by perverted logic; so unjust are they today that Zündel’s lawyer Sylvia Stolz got five years for trying to defend him.
The wicked silence
This is the great silence, the wicked silence, where the great powers declare what can be known and what cannot.
We are not allowed to know who our government murders surreptitiously, and we may not challenge the macabre Jewish death fantasies about World War II. Some 271,000 souls was the final camp death toll compiled by the Associated Press in 1946; some $28 billion in Holocaust reparations has been collected by Jewish judges as payment for suffering by survivors of the celebrated 6 million, which is a story the Jews have used to solicit sympathy for themselves since the late 1800s.
Even the grandchildren of Holocaust relatives can collect payments for the trauma they have experienced listening to their parents bewail the suffering they have endured
Because the Jews essentially control the media worldwide (the Rothschilds even bought the Associated Press a few years back), opposition to Jewish lies is seldom reported. The most important issues of our lifetime — 9/11 and the World Wars — were all precipitated by high powered banker finagling, yet virtually no reporting on this can be found in any of the mainstream newspaper archives.
What happened to Zündel and hundreds of his philosophical compatriots trying to rescue the unfairly besmirched reputation of Germany is now happening in America in Oregon and Las Vegas as people who believed they could depend on their Constitution, after more than a year in abusive solitary confinement and only doublespeak from the court, now believe otherwise.
One innocent bystander has already cleverly plea bargained his way to a life sentence, and all the others involved in the Bundy standoff of 2014 or the Oregon standoff in 2016 have undergone something truly appropriate for our new American Gulag, criminal abuse by private prison guards and preposterous restrictions by a power mad judge. Observers of this kangaroo court insist the government’s objective is to never let these people out of jail at all.
The legal situation in America now more resembles the Jewish/Soviet totalitarian model of government than a Constitutional republic, where no appeal against the lawless decisions of a criminal government is possible.
Just as Zundel and his lawyer could not argue against his sentence without breaking more German laws, the corrupt judge in the Bundy trial permits no analysis of the government’s behavior at all.
The complete takeover of Western ranchlands by the Bureau of Land Management may not be mentioned. Remember, the BLM goons were stealing and killing Cliven Bundy’s cattle over a controversial decision by the government to nationalize rangeland on which the Bundy family cattle had grazed since the 1800s.
This question has not been resolved in the courts, but for merely pointing out that BLM’s arbitrary seizures of Western lands, the Bundys and many of their faithful supporters face life in prison from a court system definitely disinterested in the welfare of ordinary people who get in the way of government corruption.
American courts are becoming more like Germany every day. And everywhere in the world free speech is disappearing if you don’t adhere to the principles of the Jewish bankers who now inarguably control every person’s destiny.
What stands out to me in both the cases of Zündel and the Bundys and their friends is the apathetic response of the public to anyone who is at least making the attempt to stand up for the rights of all of us.
If they don’t see it on TV or read it in the newspapers it’s not really real to them. But worse than that, if they do see it on TV, or read it in the newspaper, they regard it as real. And this has given rise to practically every falsehood we believe in this life.
As the best known publicist for the truth of World War II, Zündel spent the last decade of his life unable to publicly address the issues most important to him. In his absence, however, the Revisionist message has sprung up like mushrooms all across the Internet and most especially on the Jewish-controlled Facebook.
The government that controls us now demands our complete silence about the crimes it has committed and the lies it has told.
Ultimately Ernst Zündel gave his life for our freedom. He refused to be cowed by Jewish lies, and returned the abuse he got from his captors with a stoic dignity that inspired his many followers. He paid a very high price for telling the truth.
No doubt authorities are pleased by the treatment Zündel received, and hope others will be dissuaded from emulating his behavior. Unfortunately for them, the opposite has happened. Inspired by Zündel’s example, the corps of truth tellers has expanded greatly and largely perfected its analysis of World War II, which proves there were no gas chambers, that Hitler only wanted peace, and that Roosevelt strong-armed all the countries in Europe in wiping out Germany once and forever, a goal which today appears to have been achieved.
In fact the real heart of darkness in World War II belonged to the Allies, in the torture of Dresden, the phony trials at Nuremberg and the premeditated starvation of Germans after the war. This is how the Jews rewarded the Germans for their hospitality. We Americans are feeling it now.
We all failed Ernst Zündel by not protesting with sufficient loudness his unjust treatment by corrupt authorities who are enriched by putting Jewish interests above the rest of humanity’s. This includes the entire U.S. Congress.
And we are failing now as men who stood up for the Constitution remain incarcerated under duress by corrupt politicians, held without bail for only protesting federal encroachment on private lands when no-bail is by law reserved only for murderers and traitors.
For the government to call these ranchers terrorists is truly the pot calling the kettle black.
All of us who believed what Ernst Zündel said and did is the real way honest human beings should act. Today this personality type is being systematically exterminated on all levels by a vicious campaign to replace us with a population totally unable to think critically and willing to go along with the crime if the salary is adequate.
However we slice it, as long as we fail to object to the abuse of others who are assaulted for trying to help the common good, we consign ourselves to a future governed by the wicked silence of people who are afraid to speak the truth, who have been intimidated for fear of earning the wrath of the people who rule them.
John Kaminski is a writer who lives on the Gulf Coast of Florida, constantly trying to figure out why we are destroying ourselves, and pinpointing a corrupt belief system as the engine of our demise. Solely dependent on contributions from readers, please support his work by mail: 6871 Willow Creek Circle #103, North Port FL 34287 USA.
A personal Telling Films tribute by Lady Michèle Renouf to German-Canadian artist, publisher and dedicated campaigner for historical truth Ernst Zündel, born 23rd April 1939, died 5th August 2017 at his ancestral home in southern Germany. Uniquely interviewed as he was released from Mannheim Prison in 2010 and during his journey back to his childhood home in the Black Forest, and updated in this unexpurgated version after Ernst Zündel’s death, this film documents his decades of legal struggle for source-critical justice in Canada and Germany, literally illustrated by Ernst’s own art works created during his years of imprisonment, and includes an interview with his lawyer Dr. Herbert Schaller.
ERNST ZUNDEL, (April 29, 1939 – August 5, 2017) R.I.P.
Publisher and free speech wqarrior, Ernst Zundel, who spent 7 years in jail in two countries for challenging the Hollywood version of World War II, died suddenly of a heart attack, Saturday, August 5, at his home in Bad Wildbad in Germany’s Black Forest.
And so a great champion of the truth is lost to us. His battle for the freedom of speech will never be forgotten nor will the shameless way in which he was treated by Canada and his mother country Germany, for simply exercising his God given right to freely express his thoughts.
Ernst Zundel — Pacifist Historian Denied U.S. Entry
Ernst Zuendel cannot come home to join his wife, an American citizen, after serving his sentence in Germany for “thought crimes,” says the Department of Homeland Security, yet untold numbers of illegal aliens are allowed to “come home” repeatedly, even after committing felonies.
Ernst Zuendel, the internationally renowned historical revisionist and activist who has been persecuted by a number of Western governments for his political activism and historical research, has been denied entry to the United States after seeking to rejoin his wife in Tennessee, it was recently revealed.
Zuendel, 78, who has served jail time in Germany and Canada for questioning the official “Holocaust” narrative, had been attempting to obtain an immigrant visa to travel to the United States and live with his American wife, Ingrid Zuendel.
Under normal circumstances, a foreign national seeking an immigration visa to join an American spouse would find little difficulty in obtaining the visa. However, due to Zuendel’s views and imprisonment for thought crimes, he was deemed “inadmissible” by Ron Rosenberg, the chief of the Administrative Appeals Office of the U.S. Department of Homeland Security (DHS), which decided Zuendel’s fate.
In its ruling, the Administrative Appeals Office cited Zuendel’s 2007 conviction in Germany of 14 counts of “incitement to hatred” and one count of “violating the memory of the dead,” Orwellian thought crimes institutionalized in Germany and many other Western nations following World War II in an effort to criminalize political dissent and historical inquiry, particularly as it relates to the official narrative explaining WWII and the Jewish “Holocaust.” Zuendel served five years in prison in Germany after facing legal challenges in both Canada and the United States.
The DHS’s ruling also noted that Zuendel is “a historical revisionist and denier of the Holocaust, distributing writings, books, tapes, videos, and broadcasts to promote his views” and contends that he has a “long history of inciting racial, ethnic, and religious hatred” while agitating “for aggressive behavior against Jews.” Zuendel “has been a leader in these activities for decades and has shown no regret or remorse for his actions,” the ruling stated in an attempt to justify its decision to ban the historian from rejoining his elderly wife in America.
Of course, Zuendel’s previous political, historical, and educational activities—hysterically demonized and twisted by the Administrative Appeals Office’s characterization in its ruling—are not in any way illegal in the United States. Whatever one believes about WWII history, Zuendel, who is a pacifist, went to great lengths to document the controversial statements and perspectives he was publicly offering in a scholarly fashion.
Ingrid Zuendel, Ernst’s American wife who has long been involved with his political and historical activism, denied the U.S. federal government’s characterization of her husband as an inciter of hatred and instigator of aggressive behavior toward Jewish people.
“Canada has had a ‘hate law’ statute on its books for decades,” Ingrid explained to this newspaper in a recent interview. “If Ernst had been guilty of ‘racial hatred,’ he would have been charged decades ago. Ernst was never charged, much less convicted, of any hatred, much less racial hatred.”
Ingrid also disputed the notion that her husband ever advocated “aggressive behavior” toward Jews—or anyone else for that matter.
“Ernst has never been charged with ‘aggressive behavior,’ much less convicted for having acted aggressively against anyone. He is a pacifist with a sterling record of lifelong Ghandi-like conduct. We have FBI and other police reports that say so,” Ingrid told AFP. “Not only has Ernst never acted ‘aggressively,’ he has always counseled his supporters to conduct themselves peacefully, as a matter of moral principle as well as for tactical reasons.”
The latest legal setback for the Zuendels came as no surprise to Ingrid. They have been struggling for years now in the judicial system, only to be stymied at every opportunity.
“We were not surprised by the ruling of the DHS’s Administrative Appeals Office,” Ingrid explained to this reporter. “The courts are no longer the means of last resort to get justice in America. The courts have been co-opted and are corrupted to the core. Justice can no longer be had from the bench.”
She continued: “That doesn’t mean that we are giving up. There are other means than courts to win this most important battle in the courts of public opinion. The struggle for historical truth has never been just about what happened to Ernst Zuendel. It was and is about revealing false flags and self-serving lies as tools of control by the powers-that-be. It was and is about revealing historical lies as weapons of war wielded brutally by what is now referred to as the ‘deep state’ or the ‘shadow government.’”
German right-wing extremist Ernst Zundel sits in a court in Mannheim, Germany, on Nov. 8, 2005, at the beginning of a trial to face charges including incitement libel and disparaging the dead. (Michael Probst/Associated Press)
Holocaust denier Ernst Zundel apparently wanted to move to the United States from Germany. (I say apparently because the decision on which I’m reporting, just posted on Westlaw but decided March 31 by the U.S. Department of Homeland Security Administrative Appeals Office, referred only to one E.C.Z., but both the initials and the facts described in the decision fit Zundel and likely no one else.) He would normally get an immigrant visa, because his wife of 16 years — who is about 80 years old — is a U.S. citizen. But he was classified as inadmissible because he has been convicted of foreign crimes for which the sentence was five years or more:
[I]n 2007 the Applicant was convicted in Germany of 14 counts of incitement to hatred and one count of violating the memory of the dead. The Applicant was sentenced to an aggregate of five years in prison.
And though a waiver of inadmissibility was possible — because of extreme hardship to Zundel’s elderly wife — the office concluded that there was good reason to deny the waiver:
The negative factors in the Applicant’s case include his long history of inciting racial, ethnic, and religious hatred. The record shows that the Applicant is a historical revisionist and denier of the Holocaust, distributing writings, books, tapes, videos, and broadcasts to promote his views. The record indicates further that these publications agitated for aggressive behavior against Jews. Furthermore, the Applicant has been a leader in these activities for decades and has shown no regret or remorse for his actions. Thus, we find that the negative factors in the Applicant’s case outweigh the positive such that a favorable exercise of discretion is not warranted.
Now, I think there’s nothing unconstitutional under current First Amendment law about the decision to exclude Zundel. Various Supreme Court cases, of which the most relevant is Kleindienst v. Mandel (1972), generally take the view that the First Amendment and similar constitutional provisions don’t apply to decisions on whether to let in an alien. American immigration law has long barred immigration by aliens who have been members of Communist parties; more recently, it has likewise barred immigration by anyone who “endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization.” The view seems to be: We have to live with schmucks who are already Americans, but that doesn’t mean we need to let in more. (Of course, the litigation over President Trump’s Executive Order might change this analysis: If the Supreme Court eventually concludes that the order discriminated based on the religious beliefs of most would-be visitors from certain countries, and that such discrimination violates the First Amendment, then — depending on the breadth of the Court’s rationale — that logic might equally apply to discrimination based on the political beliefs of would-be visitors and would-be immigrants, and might thus lead to an overruling of Kleindienst.)
But oddly, the decision suggests that Zundel might have had a legal right under existing law to immigrate after all (even if that right could constitutionally be taken away by a change in the law) — and that DHS’s Administrative Appeals Office might not fully understand American First Amendment law. The office stated,
A foreign conviction can be the basis for a finding of inadmissibility only where the conviction is “for conduct which is deemed criminal by United States standards.” Matter of Ramirez-Rivero, 18 I&N Dec. 135, 137 (BIA 1981).
(To give an example of the Ramirez-Rivero principle in action, one 2015 decision held that a 1997 Cuban conviction for “speculation and hoarding” couldn’t disqualify an alien from admissibility to the United States.) But as best I can tell from press accounts, Zundel’s speech that formed the basis of his German conviction would not have been “deemed criminal by United States standards.” Denying the Holocaust and expressing anti-Semitic sentiments is just not a crime under American law. Indeed, it can’t be made a crime, given the First Amendment.
But here’s what the office said as it went on:
In Brandenburg v. Ohio, the Supreme Court held that constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action. 89 S.Ct. 1827, 1829 (1969).
But, as the office notes, the Brandenburg exception is limited to advocacy intended and likely to produce crime in the next few minutes, hours or at most days (see Hess v. Indiana ), the classic example being a speech to an enraged crowd outside a building, urging it to storm the building. To my knowledge, Zundel’s convictions don’t stem from such behavior.
So the exclusion of Zundel was itself not a First Amendment violation. But, based on Ramirez-Rivero — and certainly the office’s description of Ramirez-Rivero — it appears to have been a violation of American immigration law. And in the process of misapplying Ramirez-Rivero, the office seems to have erroneously concluded that Holocaust denial and the expression of anti-Semitic sentiments would be “deemed criminal by United States standards.” That strikes me as mistaken, though I’d be glad to hear any corrections or clarifications from readers who are more knowledgeable about immigration law than I am.
Eugene Volokh teaches free speech law, religious freedom law, church-state relations law, a First Amendment Amicus Brief Clinic, and tort law, at UCLA School of Law, where he has also often taught copyright law, criminal law, and a seminar on firearms regulation policy.
French Holocaust Skeptic Fined 9,000 Euros & Given 4 Months in Prison
“Je suis Faurisson”? You have to be kidding!
In January, 2015, a cavalcade of Western leaders, including France’s President Francois Holland and Germany’s Angela Merkel (who preside over two of the most anti-free speech regimes in Europe) and Israeli Prime Minister Benjamin Netanyahu, whose Zionist allies around the world lobby for prison, fines and unemployment for dissidents, paraded through Paris. The cause? To protest the Moslem terrorist attack and murder of employees of the largely Trostskyist, Jewish satirical magazine Charlie Hebdo.
Freedom lovers everywhere proclaimed: “Je suis Charlie.”
However, don’t mistake that protest with a real belief in free speech. France groans under the infamous Fabius-Gayssot “hate law”. It was the devil child of a French communist deputy Gayssot and a Jewish Socialist Laurent Fabius.
It’s latest victim in 88 year old French scholar and holocaust skeptic, Dr. Robert Faurisson who also assisted at Ernst Zundel’s “false news trials” in the 1980s. [Zundel won and got the law ruled unconstitutional by Canada’s Supreme Court in 1992.]
For questioning the new religion of holocaust, this brave old man, once beaten nearly to death by Jewish anti-racists, faces four months in prison (suspended) and 9,000 Euros [$13,300 Cnd.] in fines and “costs” to his anti-racist tormentors.
Here is the result of that trial as conveyed to us by the Professor’s barrister: B
On September 27, 2016, in the case of the talk given by Robert Faurisson in Tehran in 2006, the 17th chamber of the Paris correctional court ruled as follows:
Two charges of disputing the existence of crimes against humanity were declared null.
The third charge, that of racial defamation for the sentence of approximately 60 words [included in his talk], resulted in Robert Faurisson’s conviction and sentence to four months’ imprisonment (suspended) along with a fine of €4,000. The LICRA [Ligue internationale contre le racisme et l’antisémitisme], plaintiff, obtained €3,000 in damages and €2,000 in legal costs. Thus, a judgment totalling €9,000.
Professor Faurisson immediately lodged an appeal against this decision.