Institute for Historical Review -- Number 1, February 1995
The IHR makes news, and our friends deserve to know what's going on. With this first issue of IHR Update, we begin a new effort to let Journal subscribers and IHR supporters know, in a more timely and less formal way, just what's happening. After all, we depend on your sustained and continued support to carry on the Institute's mission.
We welcome your views. Please let us know what you think of IHR Update, including any suggestions you may have.
IHR Sues to Recover Millions Seized by Carto
Carto 'Takes the Fifth' In Lawsuit About Missing Bequest Funds
In September 1993 the Institute for Historical Review terminated its long-standing relationship with Willis Carto -- founder and head of the Washington, DC-based Liberty Lobby organization. Since then, Carto has been waging a frantic propaganda campaign against the IHR and those associated with it. In the classic "Big Lie" tradition, nearly every week he hurls new attacks in the pages of The Spotlight, the weekly tabloid paper he controls.
In addition to spiteful personal attacks against IHR staff members, Carto above all puts out the lie that the IHR has been "taken over" and is now "controlled" by the Zionist Anti-Defamation League. He is trying to bankrupt the IHR by destroying the trust and confidence of its supporters.
What's behind this mad campaign?
Carto acts with the desperation of a man who fears that his furtive past is now coming to light. He is particularly afraid of being called to account because he -- together with his wife, Elisabeth, and a close crony named Henry Fischer -- illicitly diverted millions of dollars that lawfully belong to the IHR and its parent corporation, Legion for the Survival of Freedom, Inc.
At issue is the estate of Jean Farrel, a descendant of inventor Thomas Edison who died in Switzerland in August 1985. For several years prior to her death, she was one of the IHR's most generous supporters. At a meeting in March 1984, Farrel explained to IHR Director Thomas Marcellus that she intended to leave her estate -- which included stock certificates, unset diamonds and gold coins -- to further the work of the IHR. Acting as agent for the Legion, Carto in Lausanne, Switzerland, on July 17, 1990, signed legal papers, including a "Distribution Agreement," that specified that more than seven million dollars of the Farrel estate were to go to the Legion.
All the available evidence, including Swiss court documents, makes clear that the Farrel estate money was meant for the IHR/Legion. But Carto took measures -- even fabricating minutes of corporate board meetings that never took place -- to grab control of this fortune for his own uses. Betraying Jean Farrel's wishes, he allowed only a small fraction of her estate to reach the IHR in the form of a "loan."
In January 1991, Carto arranged for Henry Fischer to be given legal power of attorney "to take all legal and practical measures which may be required to secure and expedite the lawful portion of the estate of Jean Farrel ..." Documentary evidence, as well as Carto's own testimony, confirms that he has transferred enormous sums of IHR/Legion money to Liberty Lobby (which Carto controls, and from which he draws a salary).
Carto's secretive disposal of this money, with no accountability, is an arrogant betrayal of the trust of numerous men and women who have generously supported the IHR over the years.
'Fifth Amendment' Willy
Those of us who are responsible for IHR/Legion operations have both a legal and an ethical obligation to account for the money seized by Carto and his accomplices -- a legacy that was meant to further the Institute's work. Accordingly, on July 22 we brought a multi-million dollar lawsuit -- Legion vs. Carto, Fischer, Liberty Lobby, et al. -- to recover the diverted Farrel estate funds.
In this lawsuit, Carto and his wife are "taking the Fifth," categorically refusing to answer any questions on the grounds that their answers might be self-incriminating. What do the Cartos have to hide?
Fortunately, our costs in this case are already covered. With the abundant evidence pointing only in one direction, and in light of our courtroom victories in the lawsuits Carto has initiated against us, we are confident of victory in the Farrel estate case.
On the Legal Front -- IHR: 3, Carto: 0
The IHR has now successfully defended itself against three Carto lawsuits. In each attempt he's failed spectacularly. These lawsuits are part of Carto's desperate effort to gain control of the IHR or wreck it, thereby halting any further investigation into his business dealings in its name. (By the way: Just whose money is being used to fund these expensive lawsuits? Carto won't say.)
Kerr, Carto vs. Legion
Carto's first attempt to seize control of the IHR and its parent corporation, Legion for the Survival of Freedom, Inc., was a lawsuit -- Kerr, Carto vs. Legion -- filed in November 1993.
After a two day hearing in December 1993, Orange County Superior Court Judge Robert Polis ruled decisively in favor of the IHR/Legion. His final decision in this case, issued on April 13, 1994, definitively settled the key issue of just who legally and legitimately controls the IHR and its parent corporation.
Judge Polis categorically rejected Carto's arguments, and specifically stated: "The [Carto-supplied] corporate minutes and declarations regarding any other alleged director(s) are untrustworthy as evidence and disbelieved by this court." This is a polite way of saying that Carto repeatedly lied in this matter. "In fact," wrote Judge Polis, "Willis Carto was exercising substantial control over the Legion without any apparent legal authority."
This judgment represents a clear affirmation of the IHR's position throughout this dispute, and decisively refutes numerous lies spread by Carto that have been appearing, on his instructions, in the pages of The Spotlight. Although Carto is appealing this decision, we are fully confident that the court's ruling will stand.
'Historical Education Foundation'
Carto's second attempt to use the courts to destroy or seize control of the IHR was another fiasco. On November 28, 1994, Orange County Superior Court Judge James Ross threw out the Carto-initiated "Historical Education Foundation" suit against the IHR/Legion.
Carto's attorneys presented no witness in the case -- except J. Marcellus, as a hostile witness! Then, after Marcellus took the stand to testify as a defense witness, Judge Ross threw out Carto's meritless case even before it was brought before the jury. The Judge noted that this was only the third time in twelve years he's similarly dismissed a case.
True to form, Carto has provided Spotlight readers with totally distorted accounts of his court defeats. His account of the "Historical Education Foundation" case, for example (Spotlight, Dec. 12), is a typically gross distortion of the facts, and suggests that Judge Ross must have been threatened or "bought off."
In these two cases, the IHR was ably represented by attorney William Hulsy, who also represented the IHR in its major legal victory in September 1991 against "Holocaust survivor" Mel Mermelstein.
After his loss in the Kerr, Carto v. Legion case, Carto attempted an end-run around the California ruling by presenting his case to a court in Texas (where the IHR's parent company was incorporated in 1952). Contrary to statements he had made, sometimes under oath, on many earlier occasions, Carto now claimed to control the IHR as a "permanent substitute incorporator."
The ploy failed. On December 15, 1994, a Houston judge "abated" Carto's "Incorporator's" suit against three IHR/Legion corporate directors, specifically tying it to the Kerr, Carto v. Legion case, and thereby re-affirming that California ruling.
Carto now seems to have no further cards to play in his legal assault against the IHR. The next major round in the legal battle is our "Farrel estate" lawsuit, in which Carto finds himself the key defendant.
Defying Adversaries, Institute Marks Progress and Looks Ahead
After a Landmark Year of Achievement, Optimism for 1995
In spite of relentless media attacks and financial pressures, 1994 has been a year of real achievement for our Institute.
While media coverage of our work continues to be overwhelmingly hostile, historical revisionism and the IHR are receiving more routine and widespread mention in newspapers and magazines, and on television and radio. For example, millions of Americans were introduced to the IHR through the March 20, 1994, broadcast of CBS's "60 Minutes," one of America's most widely viewed television shows. Our Journal was also introduced, and the front cover of the Nov.-Dec. 1993 issue was shown on screen.
The IHR -- the world's foremost revisionist history research and publishing center -- is now grudgingly accepted as an established part of America's social-cultural landscape.
Along with growing effectiveness has come, inevitably, ever more fevered opposition from formidable enemies such as the Simon Wiesenthal Center and the Anti-Defamation League. As our influence grows, and as the great struggle for the future of the Western world intensifies, so also does the fury and desperation of our adversaries. This, too, is a sign of our growing impact.
In spite of financial difficulties and persistent media attacks (including the outrageous smear campaign of the Carto-controlled Spotlight), during this past year the IHR has been able to continue its normal work, including publication of a new IHR catalog and several new books, as well as regular publication of our bi-monthly Journal.
This past year we also held the landmark Twelfth IHR Conference -- one of the most spirited and successful ever. IHR supporters from across the United States and several foreign countries gathered in Irvine, California, over the September 3-5 weekend to meet with fellow revisionists, and to hear and meet leading revisionist activists, prominent revisionist scholars, and IHR staff members.
We regret the delay in getting out recent issues of the Journal. There have been several reasons for this inconvenience. Considerable time and effort was devoted to organizing the IHR Conference in September, three fearful printers declined to print a recent issue, and we have had to divert time and effort to the regrettable but unavoidable legal battle with Carto. Finally, Journal editor Mark Weber was away during much of September and October, mostly in connection with his recent marriage. He had to help move his wife and her belongings from Illinois to southern California, and help prepare for their wedding in northern Virginia on October 29.
Optimism for 1995
Although our financial situation remains tight (your support is more critically important than ever!), we begin the new year with optimism. For one thing, we expect our legal expenses to decrease drastically. That's because Carto seems to have run out of cards to play in his game of costly nuisance suits against us. And through the new IHR Update newsletter we'll be speaking more frequently with our supporters.
Writing in the 1993 book, Holocaust Denial, an official of the American Jewish Committee states: "The IHR is the spine of the international Holocaust denial movement, and, according to Leonard Zeskind, a research director of the Center for Democratic Renewal, the IHR's influence now is only a fraction of what it will be."
With the aid of loyal friends throughout the United States and around the world, we'll continue working hard for truthfulness in history, to liberate people from pseudo-religious intimidation, to restore sanity in America's foreign policy, and to tear down barriers to international peace and understanding.
With your help, we can make 1995 a breakthrough year for the IHR and the vital cause it represents.
Carto's 'Rule or Ruin' Strategy
Why No Out-of-Court Settlement?
The IHR never wanted or sought a public quarrel with Carto. In fact, we've done everything reasonable to avoid a messy squabble. It was Carto who first publicized this dispute (with a vicious front page Spotlight attack, Nov. 8, 1993).
Throughout this regrettable quarrel, the IHR has repeatedly tried to reach a mutually acceptable out-of-court settlement with Carto. We are still trying. We've made repeated requests -- in writing and verbally (both directly and through intermediaries) -- to meet, either with or without attorneys, to discuss a settlement. We even submitted a formal legal offer of settlement through our attorney.
Carto's response? He has contemptuously rejected any compromise, flatly turning down every one of our settlement overtures.
On one dramatic occasion -- during a deposition session involving Carto, his attorney (Randall Waier), an IHR attorney, and IHR staff members J. Marcellus and Mark Weber -- Carto's own attorney pleaded with everyone to quietly settle this dispute. We immediately accepted, with Marcellus stressing our willingness to talk over everything and candidly lay all the cards out on the table. Carto, however, pointedly rejected his own attorney's plea.
Carto is obviously set on "rule or ruin." In light of his adamant refusal to compromise, and his ceaseless smear campaign, our duty and course of action are obvious.
In spite of Carto's seemingly ceaseless Spotlight campaign against the IHR, we've been reluctant to respond publicly to his barrage of lies and smears. Only once before -- in April 1994 -- have we issued a public statement about the Carto-IHR dispute. We've also kept details of it out of the Journal.
Carto hopes that his Spotlight campaign will sow enough confusion and doubt to bankrupt the IHR. Unfortunately, it has had a measurable impact, causing some IHR supporters to cut off aid.
Now it's time to answer lies with facts. A detailed report by Mark Weber on the Carto-IHR dispute appears in the December issue of Criminal Politics, a widely circulated monthly magazine published by Lawrence Patterson.
Detailed Report Available
The full story of the Carto-IHR dispute is detailed in a special background report, Willis Carto's Campaign Against the IHR. It includes:
Willis Carto's Campaign Against the IHR is a "must have" blockbuster publication. No one who is seriously concerned about the IHR should miss it.
The updated, 53-page edition -- just off the press -- is available for $6, postpaid. Write to: IHR, P.O. Box 2739, Newport Beach, CA 92659.
German Magazine Cites IHR as Foremost US 'Right-wing Extremist' Group
A recent article in Germany's leading news magazine further points up the IHR's growing worldwide impact. Der Spiegel -- similar to Time -- recently cited the IHR as a leading American "right-wing extremist group." (Der Spiegel, No. 49, 1994, p. 119.)
Heading the magazine's listing of those who are "considered the most important US right-wing extremists with connections to Germany" was the Institute for Historical Review and IHR Journal editor Mark Weber.
According to Der Spiegel, the IHR "coordinates worldwide the work of deniers of the Holocaust and offers them a forum in its Journal of Historical Review." The Hamburg weekly goes on to tell readers that "officially the IHR and Weber distance themselves from neo-Nazis, nevertheless the Institute works together closely with leading right-wing radical figures such as Ernst Zündel, Fred Leuchter and David Irving."
Recent IHR Media Outreach
A Canadian television network crew visited the IHR office on January 18 as part of a television report on Holocaust revisionism and other supposed "hate speech" on the Internet worldwide computer information network. CBC television documentary journalist Neil MacDonald conducted a lengthy interview with IHR associate editor Greg Raven, who has been publishing IHR material on the Internet.
Later that same day, Raven was interviewed by journalist Richard Heft for The Australian, a nationally circulated daily paper, about his Internet postings.
In December Raven was interviewed by The Wall Street Journal for a report on dissident groups' access to the Internet that appeared in the Dec. 8 issue.
On November 7 a Japanese journalist visited our office to learn more about the IHR and its work for a book and a television report. He conducted a videotape interview with Journal editor Mark Weber, and was given an in-depth introduction to the IHR and its work.
IHR on the Internet
In the Bible, David used a slingshot to smite Goliath. In recent months, Greg Raven, associate editor of the tiny IHR, has been using the Internet against giant anti-revisionist organizations. In a frenzied response, the Simon Wiesenthal Center and Canada's Human Rights Commission are calling for somebody -- anybody -- to suppress revisionism and the IHR on the Internet "information superhighway."
IHR materials, which can be reached 24 hours a day from any of the 146 countries served by Internet, are available on the World Wide Web (WWW), a new multi-media Internet "on-ramp" that is contributing to the phenomenal growth of the already huge "cyberspace" computer link-up. More than 20 million computers are already connected to the Internet, and this figure is expected to double in 1995, in large part due to the WWW's ease of use.
So far only a few IHR leaflets and selected IHR Journal articles are available on the Internet WWW (although new items are being added as time permits). Also available is a listing of every article that has appeared in The Journal, allowing callers to search quickly for titles and authors.
This is dwarfed by the quantity of anti-revisionist material from such outlets as the US Holocaust Memorial Museum, Israel's Jerusalem One computer, and even postings by individual anti-revisionists. Yet, the Wiesenthal Center and other bigots and would-be censors are so frightened by even this modest amount of IHR material that they've raised the alert.
Our traditional enemies have been sounding the alarm in the press about IHR access to the Internet, including articles in the New York Jewish Forward (July 15), Eye News and Views magazine (Nov. 17), The Wall Street Journal, (Dec. 8), the Los Angeles Times (Dec. 14), and the Wiesenthal Center's Response magazine (Fall-Winter 1994-95). Several television news reports about the IHR and Internet are in the works.
Ominously, both the Wiesenthal Center and Canada's so-called Human Rights Commission candidly admit that their goal is to totally shut off all access to revisionist facts and arguments.
Given that only a small fraction of the public has the requisite computer/modem equipment, and even a smaller portion has Internet access, this bigoted campaign to censor the Internet may seem to be of only marginal importance. But this free speech battle is very important, because the unique nature of the Internet makes this the information battleground of the future.
By contrast, television and radio require the creation of broadcast-quality programs, and reaching listeners and viewers is tied to the amount of money one can afford to spend. Books, magazines, and other printed materials are durable and inexpensive, but are nowhere near so freely available (some libraries refuse to stock IHR books), and can be confiscated by oppressive governments.
Internet users, though, enjoy free access to virtually all the information on the system, and new features are becoming available that allow researchers to quickly find everything on the Internet in their areas of interest.
Thus, unlike in a library where IHR books might be shelved separately (if they are carried at all), an Internet search for the word "Holocaust" will pull up both traditional and IHR materials, leaving it to the researcher to make up his own mind about which source is more reliable and accurate. Furthermore, because of its worldwide scope and the absence of any central control, the Internet is difficult to police, even in countries where possession of revisionist materials is against the law.
Just as important, the multi-media nature of the World Wide Web means that IHR materials are available in a very readable and even attractive layout and style. Internet users around the world can also save copies of IHR material on their personal computers for later study, or for reprinting and distribution.
Getting IHR on the Internet has so far been entirely Greg Raven's private spare time project. Because of the remarkable interest generated by this small sample of IHR materials, we are seeking funds to make this an IHR priority, so that eventually just about everything that's appeared in 14 years of The Journal of Historical Review will be available on the Internet.
How to Access IHR Material on the Internet
Every computer user with full Internet access is invited to access IHR materials on the World Wide Web. (Currently, subscribers of information providers such as CompuServe, Prodigy, America On Line, and GEnie have only partial access to the Internet.) The best method is to use graphical Web software such as Netscape (available free in both Macintosh and Windows versions from ftp.mcom.com), although this requires an ethernet, SLIP or PPP connection, or a dial-up connection running TIA. Alternately, Internet users with character-based accounts can read IHR material on-line using Lynx. The Universal Resource Locater (URL) for IHR materials is http://www.ihr.org/index.html. Electronic mail can be sent to the IHR at firstname.lastname@example.org.