The Nizkor Project: Remembering the Holocaust (Shoah)

David Irving threatens libel suit
Part 2


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From: Focalp@aol.com
Message-ID: <dff1f02.36c8bfb0@aol.com>
Date: Mon, 15 Feb 1999 19:45:36 EST

Mr McVay

you and the justices were evidently ignorant of the fact that Adjudicator Thompson was not aware of the three-hour time difference between EST (on which timebase the USINS computers nationwide run) and Pacific Time. For me to have lied on oath in Ontario would have meant that our six witnesses also lied on oath and that I somehow inserted a passage into the electronic memory of my typewriter that was in Canadian custody throughout.

2. In the UK, I swore a true affidavit. I wa snot cross examined on that affidavit, so its veracity was never tested.

I do hope that you will now come and repeat your allegations within the jurisdiction of the UK courts, or are you too much of a coward to do so? Is the Internet your only "field of valour". Willing to wound, but afraid to strike. Get a life, Mr McVay... get a life.

My answers to your lying allegations have been posted for months on my Website. Why do you not do the decent thing, and insert links to those answers, instead of wantonly smearing me?

David Irving


[Email header trimmed]
Message-Id: <m10D1xO-00002QC@www.nizkor.org>
To: Focalp@aol.com
Date: Wed, 17 Feb 1999 03:03:26 -0500 (EST)
Sender: kmcvay

Mr. Irving, you wrote:

you and the justices were evidently ignorant of the fact that Adjudicator Thompson was not aware of the three-hour time difference between EST (on which timebase the USINS computers nationwide run) and Pacific Time. For me to have lied on oath in Ontario would have meant that our six witnesses also lied on oath and that I somehow inserted a passage into the electronic memory of my typewriter that was in Canadian custody throughout.

Your failure to file a libel suit against a man who found that you had offered testimony that was, quote, "a total fabrication," given your penchant for threatening such actions, and the threat you have levied against me, seems more than a little revealing, I think.

Thank you for conceding that you have not brought libel suits against either Mr. Thompson, nor the Australian Federal Court jurists who found that you had lied under oath.

I think that's about as clear as it needs to be, Mr. Irving.

2. In the UK, I swore a true affidavit. I wa snot cross examined on that affidavit, so its veracity was never tested.

Your failure to file a libel suit against the British jurist is noted, Mr. Irving. It is clear that such a suit would "test" your sworn testimony, and that you have not wished to test it.

Telling.

I do hope that you will now come and repeat your allegations within the jurisdiction of the UK courts, or are you too much of a coward to do so? Is the Internet your only "field of valour". Willing to wound, but afraid to strike. Get a life, Mr McVay... get a life.

I will be in London on the 8th of May, Mr. Irving.

I will at that time read the findings of both Adudicator Thompson and the Australian Federal Court justices and repeat them to representatives of the press, should they be remotely interested. Further, I will make printed copies of both Australian judgments and Adjudicator Thompson's finding available to anyone who wishes to have them.

Given your dedication to freedom of speech, I am certain that you will support this gesture with dignity.

My answers to your lying allegations have been posted for months on my Website. Why do you not do the decent thing, and insert links to those answers, instead of wantonly smearing me?

Speaking of lying allegations, Mr. Irving, this will serve as a second warning that a web page hosted by Focal Point Publications, 81 Duke Street, Grosvenor Square, London W1M5DJ, Uniform Resource Locator http://www.fpp.co.uk/IrvingIndex.html, contains a demonstrable lie about Nizkor's funding. As I understand it, I do not have to demonstrate malice in a U.K. libel action, Mr. Irving, just that plaintiff has lied, as Focul Point Publications has with the allegation that Nizkor is "substantially funded by the New York based Anti-Defamation League (ADL)."

Be advised that I will be meeting with solicitors during my visit to London to discuss this, and be advised in regard to this particular lie, and its relationship to British civil law.

At least this time you aren't lying under oath, Mr. Irving, you're just lying.

Kenneth McVay


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