Answering queries from the Atlanta Jewish Times

From Steve Pollak, staff writer, Tuesday, October 5, 1999

1) How much are you seeking in damages?

2) Why sue Lipstadt in particular? Was it her use of the word "denier?" I'm guessing you could have just as easily singled out a number of people or organizations to sue for libel but you chose Lipstadt. Why?

Again, thanks for your help. Our web address is www.atljewishtimes.com.

 

YOUR questions are unfortunately getting close to the legally unanswerable:

1) "How much are you seeking in damages?" -- In English law, the Court (i.e. here, the judge) sets the amount of damages, categorised for each item, in the event that the Plaintiff (now renamed the Claimant) prevails. In the famous 1963 Dr Dering case against my first publisher, William Kimber Ltd, the Auschwitz doctor prevailed, but was awarded the smallest coin of the realm (and had to pay the costs); Leon Uris's book "QB.VII" was based on that case. Under the new rules, I am obliged to make an offer to the defendants; this will be embarassingly moderate, probably in the nature of requiring (a) a payment in my name to a charity for the limbless, in memory of my late daughter and (b) my costs in the case.

2) "Why sue Lipstadt in particular?" -- You will have seen what I allegedly told Don Guttenplan of the NY Times (on my website at http://www.fpp.co.uk/docs/press/items/OOFimes260699.html): Prof. Lipstadt may find it unfortunate that she is the one to be taken out of the line and shot. The fact is that Lipstadt was silly enough to print her libels within the jurisdiction of the British courts. Others have been more circumspect. If Abraham Foxman, who is a far more pernicious libeller, stuck his head into the tiger's cage like that -- if he were to come to London and print similar things about me -- he would find the same thing happening, with far more interesting results, as we would then obtain an order for Discovery of the ADL's files; and if he did not comply with that, there would be a place beginning with "p" waiting for him the next time he came to our shores.

I can reveal that given the role played by the ADL in this, I did investigate ways of getting a N Y District Court order for third-party Discovery against him and the ADL in this Lipstadt case; in England this might not be possible, in the USA it certainly is. But I concluded there were too many imponderables, and I already have all the documents I need, and more. Watch this website, once the trial begins!