[Judge
Gray]: List of issues in dispute between the
parties 1. The issues of identification and
meaning 2. The writings of [David Irving] and
his reputation as an historian 3. [David Irving's] claim for
damages; his concern about the concerted attempt to
suppress his books; his reasons for bringing the
action and supporting evidence 4. The defence of justification
(including in relation to each of issues listed
below introductory or "topic" section, then case
for the [The Defendants] followed by the
response of [David Irving])
(i) [The Defendants']
historiographical criticisms of [David
Irving] in regard to: - a. Hitler trial 1924
- b. Kristallnacht November 1938
- c. aftermath of Kristallnacht
- d. shooting of Jews in the East
- e. Hitler's views on the Jewish
question
- f. expulsion of the Jews from Berlin in
1941
- g. the 'Schlegelberger note'
- h. Goebbels' diary entry for 27 March
1942
- i. Himmler minute of 22 September 1942
- j. Himmler's note for his meeting with
Hitler on 10 December 1942
- k. Hitler's meeting with Antonescu and
Horthy in April 1943
- l. deportation and murder of the Jews in
Rome in October 1943
- m. Himmler's speeches on 6th October 1943, 5
and 24 May 1944
- n. Hitler's speech on 26 May 1944
- o. Ribbentrop's testimony and evidence from
his cell at Nuremberg
- p. Mme Vaillant-Couturier
- q. Kurt Aumeier
(ii) [The Defendants'] allegation
that [David Irving] is "a Hitler partisan"
and the extent of Hitler's knowledge of the
solution of the Jewish question - a. Hitler's anti-Semitism
- b. execution of Jews by shooting (inc. scale
of killings; whether systematic policy and
Hitler's knowledge)
- c. period when deportation was the
policy
- d. genesis of gassing programme (inc.
Hitler's knowledge)
- e. extermination (inc. Operation Reinhard;
camps at Chelmno, Semlin, Belzec, Sobibor and
Treblinka; scale of extermination and Hitler's
knowledge)
(iii) Auschwitz a. [The Defendants']
case that mass extermination by gassing - early reports
- evidence gathered by Soviet State
Commission
- evidence gathered by Polish Central
Commission
- Olere drawings
- eye-witness evidence from camp officials and
employees
- eye-witness evidence from inmates
- evidence from the Nuremberg trial
- evidence from the Eichmann trial
- evidence from other trials (Kremer, Mulka
and others, Dejaco and Ertl)
- documentary evidence relating to the design
and construction of the chambers
- photographic evidence
b. [David Irving's]
response - [David Irving's] role at Zündel
trial
- findings of Leuchter report replication of
Leuchter findings
- evidence as to roof of morgue
[Leichenkeller] 1 of crematorium 2
[Krema II]
- camp books
- [David Irving's] reasons for
rejecting evidence relied on by the [The
Defendants] (see above)
c. [The Defendants']
reasons for dismissing Leuchter report and reply to
[David Irving]'s case (iv) whether [David Irving] is a
Holocaust denier - a. [David Irving's] statements as to
existence of gas chambers at Auschwitz and
elsewhere (inc. statements about Leuchter
report)
- b [David Irving's] statements as to
existence of systematic policy of
extermination
- c. [David Irving's] statements as to
numbers of Jews killed
- d. [David Irving's] statements that
gas chambers are a propaganda lie invented by
British intelligence
- e. whether [David Irving's]
statements are consistent with the evidence
(v) whether [David Irving] is
anti-semitic/racist/right-wing extremist - a. statements made by [David Irving]
which [The Defendants] allege are
anti-semitic
- b. statement made by [David Irving]
which [The Defendants] allege are
racist
- c. [David Irving's] reasons for
denying charges of anti-Semites and racism
(vi) whether [David Irving]
associates with right-wing extremists - a. organisations/individuals with which
[David Irving] has associated
- b. political orientation of those
organisations/individuals
(vii) Dresden - a. claims made by [David Irving] as
to number killed
- b. whether [David Irving] relied on
forged evidence
- c. whether [David Irving] attached
credence to unreliable evidence
- d. whether [David Irving] bent
reliable evidence/falsified statistics!
- e. whether [David Irving]
suppressed/failed to take account of reliable
material
- f. whether [David Irving]
misrepresented evidence
-
(viii) Goebbels' Moscow Diaries - a. whether [David Irving] broke an
agreement with Moscow Archive
- b. whether [David Irving's] conduct
gave rise to significant risk of damage to
plates
(ix) [David Irving]'s honesty as an
historian | 
