America's
Concerns

Scientist Faces Prison in Germanry

by Michael A. Hoffman II
THE HOFFMAN WIRE
January 8, 2005

Note: The Islamic Republic of Iran ("Axis of Evil") gives safe haven and asylum to those dissident skeptical intellectuals who doubt the existence of homicidal gas chambers in Auschwitz. Germar Rudolf, a former Max Planck Institute chemist faces imprisonment in "democratic" Germany because his chemistry studies show no homicidal gassings in Auschwitz. The US government seeks to deport Rudolf from Illinois to Germany because he sought political asylum in the US. The Federal government labeled Rudolf's application for asylum "frivolous" (deceitful), the most severe immigration violation, resulting in the harshest punishment possible. Germar Rudolf is a man of the highest character, an iconoclastic scientist in the tradition of Ignaz Philipp Semmelweis. He should be given US citizenship and a medal of freedom instead of being handed over to the clutches of the New Inquisition.

"Political persecution does exist in Germany indeed, and even serious violations against the principle of freedom of science. In my view, Mr. Rudolf's application for political asylum seems to be well founded." --Ernst Nolte, distinguished German Historian
Affidavit for G. Rudolf
(http://germarrudolf.com/persecute/docs/ListPos32.pdf)

ACLU DECLINES TO PROTECT DUE PROCESS (http://germarrudolf.com)

To: ACLU of Illinois http://www.aclu-il.org/ Executive Director: Colleen K. Connell 180 N. Michigan Ave., Suite 2300 Chicago, IL 60601 Phone: 312-201-9740 E-mail: acluofillinois@aclu-il.org

From: Germar Rudolf Castle Hill Publishers http://www.germarrudolf.com http://www.vho.org PO Box 257768 Chicago, IL 60625 ph: (773) 769 1121 fax: (773) 408 5570 E-mail: chp@vho.org

Summary: German scholar Germar Rudolf applied for political asylum in the U.S. after he was persecuted by the German goverment for his scientific publications. The U.S. Government wants to help Germany to put German scholar Germar Rudolf in jail. They ordered Rudolf to be banned from the U.S. for his lifetime and to be deported back to Germany in handcuffs. In order to achieve this, the U.S. authorities broke important laws of due process: They found Rudolf guilty of an offense he was never accused of, and they did not even claim to have evidence that the offense was committed in the first place. Should this decision be upheld by a U.S. Federal Court, this would destroy due process not only for future immigrants, but endanger it also for U.S. citizens. Asked for assistance, the ACLU declined to get involved.

A Metaphor: Imagine an expert in DNA analyses. He is asked to verify if a defendant is the father of a child. He confirms that the defendant is the father, indeed. With his testimony, however, the expert contradicts statements of many witnesses claiming the opposite. Imagine the judge ruling not to admit the expert testimony because it makes spectators assume that the witnesses lied out of sinister motives. The judge even puts the expert witness on trial for inciting hatred against the witnesses and sentences him to 14 months in jail. Imagine that this expert then starts to research and publish about similar cases of suppressed forensic evidence and persecutions against other forensic experts. For this, our DNA expert is prosecuted over and over again. Imagine next that this DNA expert flees his home country and asks for political asylum in the U.S. Imagine that the U.S. Government decides to deport him back to his home country, because he is simply a "fleeing criminal." The U.S. Government claims that rejecting and prosecuting forensic experts is OK if they contradict eyewitnesses, because in the U.S. eyewitnesses can be rejected by a court of law also if they contradict forensic experts.

Of course, that does not make any sense, and it sure would never happen.

But it did and does happen to German scholar Germar Rudolf. Why? Because he did not do forensic investigations about the fatherhood of defendants, but about whether or not the Nazi gas chambers and a Nazi program to exterminate Jews actually existed. Legally seen, that should not make a difference, because persecuting scholars for their research must not depend on the topic chosen or the results achieved.

After all, freedom of speech is exactly the freedom to say what people do NOT want to hear, and in particular those in power. It is different in Germany, though, because German penal law forces everyone to believe in the official version of the "Holocaust." Hence, Rudolf was, is, and will be massively persecuted by the German government for his research and publications. Rudolf finally fled to the U.S. and applied for political asylum. Even though doubting and refuting the accuracy of Holocaust claims is perfectly legal in the U.S., it is not considered "politically correct." And that is where the trouble starts. In September 2001, Rudolf presented his case in front of an Immigration Judge: 1500 pages of documents proving German persecution of historical and political dissidents were examined and two experts on German persecution testified.

In 2003, the U.S. Immigration & Naturalization Services (INS) rejected Rudolf's application for political asylum. They ordered him to be deported in handcuffs, banned for life, with no remedy possible. Not even his marriage to a U.S. citizen with a child expected are considered. (see http://www.germarrudolf.com/persecute/docs/RulingINS2003.pdf)

The reasoning given by the INS:
1. Germany is a democracy, a state under the rule of law. Hence, Rudolf is not fleeing persecution, but lawful prosecution.
2. Considering Germany's Nazi past, it has to censor its citizens in order to make sure that Nazism will never rise again. (Even though that has nothing to do with Rudolf's work.)
3. Rejecting forensic expert evidence is OK, because the U.S. also has rules for rejecting evidence. E.g., if an expert has already proved a point at issue, witnesses who contradict this expert can be rejected.
4. Rudolf's application was found to be "frivolous" (deceitful), the most severe immigration violation, resulting in the harshest punishment possible. This decision of "frivolousness" was made without any notice, warning, or opportunity to clear up any discrepancies. This was in violation of Immigration Service regulations and rulings by various Federal Courts, which require that there be sufficient opportunity for the applicant to account for all discrepancies. This decison also openly contradicts the comments of the Immigration Judge during the hearing.

He confirmed not only the seriousness of Rudolf's application (Transcript of Hearing, p. 209), but also that the record of evidence was extensive both in scope and scale (pp. 18, 22, 25, 29, 149, 163, 208, 222, 312). As a reason for calling Rudolf's application "frivolous," the Judge did not claim to have found any support for a deception in the record, which would be the only admissable reason (see here for more: http://www.germarrudolf.com/persecute/docs/Appeal.pdf).

This INS ruling is outrageous, because:
1. Just calling oneself a democracy doesn't make it one. Almost all dictatorships call themselves "democracies" and "states under the rule of law." The proof lies in Germany's civil rights record, not in its law books.
2. Justifying German censorship is like saying: Because Germany persecuted minorities, jailed dissenters, and burned books in the past, it now has an obligation to persecute minorities, jail dissenters, and burn books! Because that is exactly what is happening!
3. The INS has it upside down: Germany does not reject witnesses because they contradict experts, but Germany rejects AND JAILS experts because they contradict witnesses.
4. Rudolf learned about the accusation of having filed a "frivolous" application only in the verdict, which named no evidence for it. It is as if someone were tried for theft, then suddenly sentenced for murder without proof!

Due Process Threatened

If the Federal Court reviewing Rudolf's case upholds this INS verdict, then due process for immigrants and perhaps even for U.S. citizens will be a thing of the past:
1. Defendants could be sentenced for crimes of which they were never accused and for which there is no evidence.
2. Expert witnesses could be prosecuted because eyewitnesses feel insulted by their testimonies.

Special Treatment

Under normal circumstances, this outrageous INS decision would be overturned by any U.S. Federal Court. But this is a special case:
1. Germany, one of America's most important allies, demands that Rudolf be not recognized as a political refugee.
2. The topic that Rudolf's scholarly publications address is so emotionally charged that even U.S. judges can lose their objectivity and refuse to take due regard of the impact of their decisions.

The World's Leading Historical Dissident

The reason for all this? Germar Rudolf is the world's leading publisher of independent Holocaust studies not funded by any government. He publishes university-style research that critically re-examines and corrects generally held views of the Holocaust, while at the same time confirming the unjust suffering inflicted upon Jews during that human catastrophe.

But doubting aspects of the official version of the Holocaust, even if it confirms the injustice done to Jews, is a crime in Germany so severe that the German authorities not only jail dissenters, burn their books, and block their Internet sites, but also outlaw motions to introduce dissenting evidence in trials and prosecute defense lawyers who dare to do so anyway. (see http://germarrudolf.com/civil/)

ACLU

As a U.S. professor of law involved in civil rights matters just announced, the ACLU has declined his request to get involved in this case. Do they not care about due process anymore? Can't they see the writing on the wall here, which is an attempt to justify restrictions to freedom of speech and freedom of science? Such justifications, rubber-stamped by a Federal Court, could lead to similar restrictions in the U.S.!

You can save due process in the USA. For example, you can copy, print, and distribute this information, available on a one-page free leaflet for down-loading (http://germarrudolf.com/GermarRudolf.pdf), as widely as you can! Learn here (http://germarrudolf.com/contact.html) about what else you can do to help.

Germar Rudolf Castle Hill Publishers http://www.vho.org PO Box 257768 Chicago, IL 60625 USA
phone: (773) 769 1121 fax: (773) 408 5570 E-mail: chp@vho.org

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