IN SUPPORT of his application to the High Court, to be heard on September 2, 1998 lawyer Anthony Julius, representing Deborah Lipstadt in the libel action brought against her by David Irving, obtained this second affidavit from a Mr Jonathan Gary Mozzochi, a sick bunny of the American far Left. Once again pertinent comments of Website visitors are invited by e-mail to Mr Irving. [Click for Mozzochi's first affidavit]

I, JONATHAN GARY MOZZOCHI, who can be contacted through the Coalition for Human Dignity in Seattle, Washington, United States of America, MAKE OATH AND SAY AS FOLLOWS:-

1. I swear this affidavit in response to the first affidavit of the Plaintiff, David John Cawdell Irving, sworn on 24th August 1998, which was in response to the affidavit of Anthony Robert Julius sworn on 13 May 1998 and my first affidavit sworn on 6 May 1998, both on behalf of the Second Defendant's application against the Plaintiff for an order in the terms set out in the Summons.

2. Since swearing my first affidavit, I have left the Coalition for Human Dignity ("CHD), where I have worked for the last 9 1/2 years.

3. In this affidavit I respond only to those allegations made in the Plaintiff's affidavit that are directed at me and therefore within my own knowledge. Allegations have been made against the CHD and various "associates" of mine but I am not in a position to comment on these, and in any event they do not go to any of the issues contained in my affidavit. The CHD has been set up to monitor far right and neo-nazi organisations, it is therefore not surprising to me that it is the subject of complaint by these groups. However, given that the allegations made against me are untrue, I have no reason to believe that the allegations against the CHD or its members in the Plaintiffs affidavit are any more truthful.

The Allegations made against me In the Plaintiff's affidavit

4. Most of the allegations made against me arise out of "inquiries" that the Plaintiff has made about me. Yet notwithstanding the extremely serious nature of these allegations, the Plaintiff does not explain the nature of his inquiries, the source of his information, nor does he provide evidence to support the allegations.

5. In paragraph 13 of his affidavit, the Plaintiff makes the following allegations:

5.1 "In 1989, after an investigation by the US Federal Bureau of Investigation, the deponent Mozzochi was charged with the firebombing of a residential building in Oregon."

This is untrue. I was not charged with any such firebombing neither to my knowledge was I investigated. There is no reason why I should have been since I was not involved. The Plaintiff produces no evidence to support this allegation.

5.2 'In 1991 Mozzochi was arrested at Eugene, Oregon and convicted of charges of 3rd degree theft."

This is untrue. I was not so arrested, charged or convicted- again, because I was not involved. Again, the Plaintiff has produced no evidence to support this allegation.

5.3 "Mozzochi then organised a Coalition for Human Dignity in downtown Portland, and at a rally in May 1992 Mozzochi and his cohorts ran riot, smashing windows, damaging property and assaulting police"

This is untrue. Nor is it clear to what rally Mr. Irving is referring. There are three individual rallies that I can recall to which he may or may not be referring.

(i) The first could be that he is referring to a Rodney King rally, co-sponsored by the CHD in downtown Portland. There were hundreds of such rallies in those days in the US.

In an incident separate from the CHD rally, there were some altercations and windows smashed elsewhere in Portland. This had nothing to do with CHD.

(ii) The second one that he might be referring to is the May Day rally held in Portland on May 2nd and organised by American Front. If it is that rally to which he meant to refer, it is possible that the CHD organised a counter-rally, which would have been completely peaceful.[1]

(iii) The third could be a campaign appearance by George Bush, which did turn into a disturbance where windows were smashed. The CHD did not organise the rally and were not even present. I was there but only as an observer and to monitor the event. I did not take part in any of the activities as alleged by Mr Irving.

I do not know to which, if any, of the above Mr. Irving is referring to. In any event, I was at both CHD rallies, referred to at (i) and (ii) above, which were entirely peaceful. At (iii), I attended in the capacity of an observer and monitor.

5.4 "In October 1992, as I can testify to from my own knowledge, this Coalition for Human Dignity organised a protest against my lecture in a local

community centre, at which the deponent and his associates threw rocks and bottled human excrements at police officers."

This is untrue. I believe that Mr. Irving is referring to a rally jointly organised by the CHD, The Jewish Federation and the Catholic Archdiocese. It was a peaceful rally and there was no throwing of rocks or bottled human excrements.

6. In paragraph 15 of his affidavit, the Plaintiff alleges that "Mozzochi is listed as a Skinhead Gang associate in Portland Police records by Portland Police"

7. It is true that for a brief period of time in the early 1990s I was listed as such. However, when I was made aware of the listing, I immediately contacted an attorney who asked for evidence from the Portland Police that would warrant the listing. Shortly thereafter I was removed from the list by the Portland Police Bureaux.

8. In paragraph 16, the Plaintiff accuses me of taking $16,850 from donations to the CHD and paying myself $4,429 for each 40 hour week. He goes on to allege that the CHD had been warned by the State Attorney General for improper tax filings as CHD is a tax exempt, not for profit corporation.

It is not clear to what year Mr. Irving refers. I recall that one year the CHD filed its tax returns late and paid a penalty for that. I do not have records of the salary that I was paid while at the CHD but I know that it was nowhere near the figure that Mr. Irving alleges. I do remember that in the early 1990s I was paid in the region of $8,000 per annum. All the records are kept in Seattle.

In any event, given that Mr. Irving states that the CHD reported an income of $38,580, there is no possibility that I could have been paying myself anything like $4,429 a week.

9. In paragraph 17, the Plaintiff alleges that on 12 February 1994, Matthew Halperin and I took photos of people attending a private meeting Beaverton, Oregon as a means of intimidation to discourage people from attending public meetings, stating that this is a typical method of intimidation used by the extremist activists.

In fact, the taking of photographs is a means employed by the CHD, and others in our field, in order to monitor extremist activities and document what occurs at such meetings. Its purpose is not one of intimidation. The photographs are then used to aid the writing of reports, newsletters and as background documentary evidence for reporters.

10. Again in paragraph 17, the Plaintiff alleges that I am "connected" with lay priest Bill Wassmuth of the "Northwest Coalition Against Malicious Harassment" "a body with ties to violent communist and Anarchist thugs who smash up meetings in the best pre-1933 Nazi style."

Bill Wassmuth is not a lay priest. He left the priesthood in order to get married in either 1987 or 1988.

The Northwest Coalition Against Malicious Harassment is a very mainstream institution. The governors of the five states of the northwest are represented on its governing board. Thus it is a well-respected body and has no ties to violent communist and Anarchist thugs, as Mr. Irving alleges.

It is true that the CHD has some connections with the Northwest Coalition. CHD collaborates on joint publications and at conferences. For example, in 1994 CHD members wrote a publication entitled "The Northwest Imperative. Documenting a Decade of Hate". This was published in association the Northwest Coalition and the Forward to this publication was written by Bill Wassmuth.

The Major Figures involved in Promoting The Plaintiff's Appearances

11. The body of my First Affidavit explains who promotes the Plaintiff's lectures and appearances when he is on tour and how. The Plaintiff does not deal with the

detail of my affidavit or attempt to dismiss the documents exhibited to it as being untrue. What he does say is that he has had no "contact" with these organisers and that they do not figure "among his supporters or subscribers to [his] newsletter". It seems that the Plaintiff is deliberately missing the point which is that for each of his tours he has "relied upon a small coterie of neo-Nazi and anti-Semites to officially sponsor, organise, publicise, secure and handle the logistics associated with organising his events " (Paragraph 19 of my first affidavit).

12 The Plaintiff attempts to refute paragraph 8 of my affidavit (at paragraph 20 of his) by saying that the skinheads present at his lecture were violent members of the CHD. Characteristically, he does not exhibit the evidence he relies upon. The CHD usually sends academics to such events in order to monitor attendance and note what goes on. It is more likely that the skinheads mentioned in Mr. Irving's affidavit were Neo-Nazis such as Derek Stenzel.

13. In paragraph 22 of his affidavit. Mr. Irving complains that I misquote him in paragraph 11 of my first affidavit. Mr. Irving is missing the point of what I was stating. Whether he calls it genocide or innocenticide is not the issue. It is the fact that Mr. Irving stated that the Holocaust is the "Jewish legend" and therefore stands within the camp of Holocaust deniers. I stand by the contents of paragraph 11 of my first affidavit as being an accurate account of what he said at the time

[handwritten:] Jonathan Mozzochi

SWORN at

this [27th] day of [August] 19[98]

Before me,

A Solicitor

Text reproduced unchanged, tho' edited for HTML purposes. Passages on which comment is invited are printed here in red.

1: For a local newspaper report on Mr Mozzochi's completely peaceful CHD demonstration, in which several officers were injured, riot police were called out, windows in public buildings smashed, and fourteen leftwingers arrested, see the Portland newspaper PDXS, May 11-24, pages 8-9, "Portland's Pointless Protest". [Return to text above].