Date: 3/12/04 4:18 AM From: firstname.lastname@example.org To: email@example.com Copy: Subject: ZGram - March 11, 2004 - "Counterpunch: Star Chamber Redux"
Zgram - Where Truth is Destiny: Now more than ever
March 11, 2004
Good Morning from the Zundelsite:
I remember the times back in 1996 when the Nizkor Jews howled that Ernst Zundel, who refused to join their news group sewer called alt.revisionism, could not command enough supporters "to fill a telephone booth."
These days, still held in brutal conditions in a Canadian hell-hole called Toronto Metro West Detention Center, Ernst's story and struggle are solidly featured not only in alternative publications all over the globe, but are beginning to make inroads where his Jewish foes never expected Ernst Zundel to be: In socially responsible liberal publications - for instance, Counterpunch, described as "America's best political newsletter."
The article below has been in the making for some time. I had some input in keeping the facts and chronology straight and supplying some of the quotes. So far, it appeared only in the Counterpunch print version, and I don't know if it will be featured on the Counterpunch website as well.
This is one of the fairest articles so far describing what really happened in the illegal political kidnapping, and I'd like my readers to write to Alexander Cockburn and Jeff St. Clair, editors of Counterpunch, and thank them. You might consider subscribing to their publication.
Their e-mail is firstname.lastname@example.org
Here is that article:
Star Chamber Redux
In a cold cell in Toronto, Canada, a 64 year-old painter and pacifist sits on a fat stack of trial transcripts and marks his 365th day of solitary confinement on February 19. He sits on the transcripts because his jailers will not permit him to have a chair. He has no criminal record and has not been charged with a crime, and yet he wears the same orange jumpsuit as the murderers and rapists housed elsewhere in the prison. He is not permitted to confront or cross-examine his accusers in court. The "evidence" against him includes hearsay, double-hearsay, and triple-hearsay.
The object of the exercise is to deport this man to Germany, where he faces a five-year prison sentence for the crime of "defaming the dead." This man hasn't lived in Germany since he was 19 years old, and hasn't set foot in Germany for years. He emigrated to Canada in 1958, and in the year 2000 he moved to the United States to live quietly with his American wife in the rolling hills of Tennessee. There, he painted landscapes and still life in his studio and collected rare recordings of hymns and gospel music until he was hauled off one bright morning in broad daylight at about 11:00 a.m. in front of God and everybody and whisked to Canada by American law enforcement officials. His name is Ernst Zundel, and he is the world's premier thought-criminal.
Ernst Zundel is the most widely recognized figure in the growing number of historians, both amateur and academic, questioning the veracity of orthodox accounts of the events which took place in the Nazi concentration camps during World War II, specifically with reference to the number of Jewish dead and the means by which they came to their demise. He has been put through the Canadian legal system before on this issue. In 1984 he was charged with "spreading false news" under an obscure 700 year-old law imported to Canada from England intended to deter wandering minstrels from mocking the aristocracy. It had been used only twice before in Canada. That trial was focused on a publication, "Did Six Million Really Die?" Zundel didn't write it, he merely published it, but that was enough to arouse the ire of the Jewish Lobby. That trial was in 1985 and lasted seven weeks. He lost that trial, but the verdict was overturned on appeal when it was determined that the judge was biased.
The second trial was on the same charges, but this time Ernst commissioned the forensic examination known as the Leuchter Report, which alleged that the industrial gassings of human beings so crucial to the orthodox narrative could not have happened. He lost that trial as well, but was exonerated in 1992 when Canada's Supreme Court ruled the "False News Law" unconstitutional and struck it from the books. This 4-3 ruling held that minorities have the right to state their own opinions, "even if the majority regards them as wrong or false."
In 1996 the Canadian Human Rights Commission initiated a "Human Rights Tribunal" against him which dragged on for five years. This trial centered on the "Zundelsite" (www.zundelsite.org), a website based in America and owned and operated by Ingrid Rimland, an American citizen.
"Ernst was believed to be the mastermind who controlled me," she explains. "This trial's purpose was twofold: one, to bankrupt Ernst financially by stringing out the hearings, and two, to force him to shut down the website. Knowing he wouldn't and couldn't do that, the plan was to charge and imprison him with contempt of court --- in other words, criminalization by the back door to facilitate deportation to Germany.
"I flew from San Diego to Toronto in 1996 and offered on the very first day when court opened to testify that it was my website, but was not allowed to do so. We were not married then. Ernst lost that trial as well. One of the many bizarre rulings of that trial was that 'truth is not a defense' --- only the feelings of an aggrieved and threatened 'minority' count. The Tribunal ruled in 2001 against Ernst, but stated in its summary that it was a 'symbolic' ruling, since the Zundelsite was an American website and could not be shut down by Canada."
He has been physically assaulted in numerous ways on numerous occasions by thugs of various persuasions. These assaults included beatings, booby-trapped mailings, a bomb that exploded in his garage in 1984, another bomb sent through the post 11 years later, and an arson attack which destroyed his home and its contents. He has never been convicted of a crime and in no way does he promote violence or hatred of any kind in his work. His only "crime" is that of questioning historical events.
He was arrested at his home in rural Tennessee by local authorities last year and handed over to the INS, ostensibly for missing an interview with immigration officials and "overstaying his visa." In fact, no such violation occurred. He was notified of an interview scheduled for June 12, 2001. His attorney at that time couldn't make the interview and requested a rescheduling, a routine request, routinely granted. He received no reply. The attorney sent another letter again requesting a rescheduling on May 6, 2002. Again there was no reply. Zundel's American wife, Ingrid Rimland, has the return receipt verifying that the letter was, in fact, delivered to the INS. The agency claims to have no record of either letter.
The couple never abandoned Ernst's Adjustment Of Status application, nor were they ever informed that it had been considered abandoned. They had been advised by INS that the procedure could take as long as three years, and that no status check would be allowed.
"When Ernst was arrested," Ms. Rimland explains, "we were prevented from calling a lawyer. A Warrant for Deportation lay ready in Knoxville and was signed and dated after the arrest. In the room where this was done, a poster with the Star of Israel was posted prominently on the wall.
"Through the Freedom of Information Act --- some 30 pages withheld for 'security reasons' --- we found out that some coded messages had been faxed on the very day of our first scheduled appointment between US Immigration and Canadian Immigration. Who in Canada was interested in causing us grief that day? A good place to start would be to check into some non-profit outfits that are fattening themselves on the taxpayers' trough by shrieking 'Hate!' for gain.
"After Ernst was arrested, we immediately applied for habeas corpus. We were turned down by a judge within hours in a one-sentence ruling. Not even our attorney was allowed to speak up. We appealed to the Sixth Circuit Appeal Court. Within days we were turned down again, this time in a one-paragraph ruling. Through FOIA we found out that there was ex parte communication prior to this ruling between a clerk who has a Jewish-sounding name and an immigration official who was exceedingly nasty to me when I tried to find out where my husband had been taken, and why. I understand it is illegal for court officials to solicit information on a pending court case behind the judge's and the accused's backs."
On June 17, 2003, accompanied by two INS officers, Ernst Zundel was deported to Canada by plane.
"On that very day," states Ms. Rimland, "Germany swore out an arrest warrant. Why on that day? Who notified them, and on what grounds? An impartial judge could surely find out by requesting the missing FOIA pages.
"Through various documents and private sources, some at the highest levels of Germany's government, we learned that the original covert plan had been to get Ernst shipped to Germany, where 'insulting the memory of the dead' is on the books as a criminal offense, and where a 5 year sentence is a foregone conclusion for so-called 'Holocaust Denial.' Whoever masterminded this kidnapping evidently didn't know that the US always deports back to the country of entry, not to the country of nationality. Ernst ended up in Canada, and Canadian taxpayers are now stuck with the bill."
Ernst applied for political asylum on the grounds that it was a certainty that he was facing a prison term in Germany for his historical inquiries and theories. In 1992, after numerous appeals following the "Second Great Holocaust Trial", as it came to be known in revisionist circles, the highest court in Canada had ruled that Mr. Zundel had the right to speak his mind and express his views as he saw fit, "Even if the majority regards them as wrong or false," as the court phrased it.
His adversaries came up with a solution. Two Ministers of the Canadian Parliament decided that Zundel might be a "terrorist." A "Security Certificate" was sworn out. This instrument is the only method by which Ernst could be deported to Germany, as he would otherwise be fully qualified for asylum in Canada, where he lived as a law-abiding permanent resident for 42 years. The quality of the evidence presented against him often goes like this:
"Mr. Zundel allegedly had 'sporadic contacts' with a now-dead U.S. based white supremacist named William Pierce. Pierce wrote a book called 'The Turner Diaries.' Timothy McVeigh loved 'The Turner Diaries', which supposedly describes a bombing similar to the Oklahoma City bombing in 1995, for which McVeigh was convicted."
Note that the date, time, place, and nature of these "contacts" between Zundel and Pierce go unspecified, nor is there any suggestion that Zundel had anything to do with the authorship of the infamous Turner Diaries. There is no assertion or evidence that Zundel had any contact with McVeigh. It's all innuendo intended to link Zundel to violence and terrorism.
Here's a pertinent excerpt from a Factum filed with the Court of Appeal for Ontario on January 21 by Mr. Zundel's legal counsel, Peter Lindsay and Chi-Kun Shi:
"Information and/or evidence has been secretly presented to Mr. Justice Blais in the absence of Mr. Zundel and his counsel, which information and/or evidence may be used according to the Act to determine both whether Mr. Zundel should continue to be detained and whether the issuing of the Certificate was reasonable. Where secret information and/or evidence has been presented to Mr. Justice Blais, sometimes a summary has been given to Mr. Zundel and his counsel and sometimes no summary of the information and/or evidence has been made available to Mr. Zundel and his counsel, even though the information and/or evidence may be used according to the Act both to determine whether Mr. Zundel should continue to be detained and whether the issue of the Certificate is reasonable.
"It is a fundamental principle of our adversarial system that one party presents its case fully and then the other party responds, knowing the case it has to meet. What has happened in this case is that after the Minister and Solicitor General presented their case and while Mr. Zundel was in the middle of presenting his response, the Minister and Solicitor General have secretly presented more of a case against Mr. Zundel. The additional case being presented is not limited to reply evidence. It is not limited at all. The case can secretly change in any way while being responded to. Mr. Zundel and his counsel do not know if it has changed in this case. Neither does this Honorable Court. It is not an overstatement to say that this is completely contrary to the fundamental principles of our judicial system"
No other historical narrative is possessed of an orthodoxy protected by law. It is in the nature of history to be subject to review and revision. The surest way to interest people in a field of inquiry or study is to prohibit it. The "Holocaust Industry", as Norman Finkelstein dubbed it, behaves in every way like a fanatical cult. The persecution of Ernst Zundel has been and continues to be both relentless and utterly ruthless. This most recent and ongoing episode flies in the face of a thousand years of Anglo-Saxon law. The man may hold provocative views, but he is a committed pacifist. He is guilty only of expressing an unpopular viewpoint. For him to be held in solitary confinement without having even been charged with a crime and without bail for a year while the court proceeds against him in some hideous replica of a Star Chamber or something out of Lewis Carroll is an affront to justice and public decency that goes far beyond anything that Mr. Zundel has to say.
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