The German Court vs. Carlos Porter
Certified True Copy
Reference no. 8430 Cs 112 Js 11637/96
Mr. Carlos Whitlock PORTER
Niveze Bas, no. 112,
B-4845 SART LEZ SPA Belgium
[stamp: Effective as of:
Clerk of the Court]
Born on 06.03.1947 in Pasadena/United States of America, stateless.
Order of Punishment
Inquiries of the State Prosecutor's Office have revealed the following:
In August 1996, with intent to disseminate, you sent a number, which is no longer known ["eine nicht mehr bekannte Anzahl" — a no-longer known number: are they admitting they don't know, or do they claim they used to know, but have now forgotten?] of copies of the printed text entitled NOT GUILTY AT NUREMBERG, in each case [Note: how do they claim to know that?], together with a cover text, to a "no-longer known number" [!] of persons living in the Bundesrepublik of Germany.
Thus, in Mid-August 1996, from your dwelling in Belgium, you sent the printed text in question, together with the cover text, signed by yourself, to Mayor Christian Ude of the city and state capital of Munich.
At least the following passages, mentioned below, from the printed text, entitled NOT GUILTY AT NUREMBERG, together with the cover text concerned, deny [leugnen: implies bad faith] and minimize the mass extermination of the European Jews during the National Socialist regime of violence.
Disputing the mass murders in the concentration camps minimizes the evil of National Socialist injustices. It therefore attacks the dignity and existential basis of the Jewish people, while simultaneously degrading the dignity of the dead who were the victims of the National Socialist regime.
In particular, the above matter involves the following passages from the printed text entitled NOT GUILTY AT NUREMBERG:
..."The 'documentary evidence' is, of course, a Communist 'War Crimes Report' and the 'death chamber' [sic], of course, are 'steam chambers' (page 23)";
..."Ziereis's 'confession' continues to be taken seriously by Reitlinger, Shirer, Hilberg, and other itinerant peddlers of Holo-Schlock" (page 43)...;
..."Schirach and Streicher were both taken in by a 'photocopy' of a Hitler document in which he 'confessed' to mass killings (XIV 432 []; XII 321 []). Since Hitler was a genius (X 600 [[671-672]], and since geniuses do not kill millions of people with Diesel exhaust and insecticides which take 24 hours to kill moths (Document NI-9912), it appears that the significance of this document has been overrated. In fact, it is typical Hitler: full of violent language, but short of factual content. Nor is it certain that Hitler was of sound mind in 1945 (IX 92 [])", (pages 59/60);
..."Actually, Zyklon presents a similar problem, in that the liquid must evaporate, and does so slowly unless heated. German technical wizardry and industrial advancement in general renders ridiculous any notion of a 'Holocaust' using insecticide or Diesel exhaust" (page 62).
The passages from the cover text [a letter of protest sent to a public official in a so-called "democratic" country] is worded as follows:
..."The fact is that the so-called 'Nazi gas chambers' (which serve as a pretext for the present system of tyranny) never existed. The impossibility of their functioning in the manner described has been repeatedly proven in expert chemical and engineering reports to which our slave masters have no answer.
"The ruling classes in Germany (as elsewhere) cannot prove the existence of any 'Nazi gas chambers'; they do not even try. All they do is fine and imprison all those who dare to defend the honour of the German people".
"I wish to protest the persecution of nationalist sympathizers and Holocaust revisionists in the Federal Republic of Germany, and Austria, including, but not limited to, David Irving, Fred Leuchter, Otto Ernst Remer, Germar Rudolf, Hans-Joerg Schimanek, Gottfried Kuessel, Hans Schmidt, and Gerhard Lauck.
"The above mentioned persons were arrested and imprisoned simply for exercising their internationally recognized freedom of speech and opinion.
"If they had been Jews in the Soviet Union, of course, worldwide outrage would have been deafening.
"Obviously, 'All Animals Are Equal, but Some Are More Equal Than Others'.
"It is time for the citizens of our 'democratic' Western slave states to speak out whether the Jews like it or not.
"The fact is that the so-called 'Nazi gas chambers' (which serve as a pretext for the present system of tyranny) never existed. The impossibility of their functioning in the manner described has been repeatedly proven in expert chemical and engineering reports to which our slave masters have no answer.
"The ruling classes in Germany (as elsewhere) cannot prove the existence of any 'Nazi gas chambers'; they do not even try. All they do is fine and imprison all those who dare to defend the honour of the German people. The latest includes arresting people for laying flowers or wreathes on the site where a 75-year old German expelled from the Sudetenland burned himself alive in protest against a deluge of filth and lies which has no parallel in history."] [Reinhold Elstner, in Munich].
You are therefore guilty [!]
Of dissemination, in the Bundesrepublik, of texts (under Section 11 paragraph 3), denying or minimizing the evil of actions committed under the National Socialist regime, in the manner referred to in Section 220 a, paragraph 1, thereby injuring others in their honour, as well as slandering the dignity of the dead through the same action;
And punishable for:
Incitement to racial hatred, legally identical in law to slandering the dignity of the dead, according to Sections 130 paragraph 2, number 1a, paragraph 3, paragraphs 4, 185, 189, 194 paragraph 1, and paragraph 2, 52 of the Criminal Code.
Method of proof:
2. Printed text entitled NOT GUILTY AT NUREMBERG (photo 3), with accompanying text (photo 2).
Documents: Extract from the Federal Central Registry.
Upon petition of the State Prosecutor's Office, a fine of 150 "daily monetary units" is hereby applied. The daily monetary unit is established at 40 DM. The fine, in total, amounts to 6,000 DM.
Failure to pay will be punished by imprisonment. One daily monetary unit corresponds to one day's imprisonment. You will be responsible for the costs of the proceedings, as well as your own necessary expenses.
We hereby order the confiscation of all copies of the text entitled NOT GUILTY AT NUREMBERG, together with all copies of the accompanying text, with return address "Carlos Whitlock PORTER, 112 Niveze Bas, 4845 SART LEZ SPA, Belgium, Tel.: 032/87 77 36 55" [Note: what criminal leaves his return address and phone number?], insofar as such printed texts may be found in the possession of persons active in their distribution, or aiding and abetting in such distribution, or exposing the same texts to public view, as well as all copies not yet distributed to the intended recipients by mail [Note: are they going to arrest everybody in the post office?].
We further order the confiscation of the above mentioned printed text, together with all plates, forms, type-setting material, negatives, and stencils.
Under application of regulations: Section 74 d of the Criminal Code.
Judge, Lower District Court
Certified true copy
Information on legal assistance:
You may file an objection against the present order of punishment [Note: punishment first, trial afterwards!] within two weeks of delivery of the present order of punishment. It may be limited to one specific grounds for objection. If the legal objection is filed within the correct period, a main trial [Hauptverhandlung] will be held [!] unless the Prosecutor's Office drops the case or you withdraw your objections. You may protest against the decision to impose procedural costs and necessary expenditure if the value of those costs does not exceed 200 DM, and IF [emphasis added] you file an objection with the Lower District Court of Munich, IMMEDIATELY, within ONE WEEK of delivery of the present order of punishment, in writing, with the Office.
The objection or complaint may be made in writing, at the Lower District Court of Munich or filed with the office. The written declaration must be in German.
With regards to written declarations: mailing the declaration within the stated period is not sufficient for purposes of compliance. The Court must actually receive the declaration prior to expiration of the stated period for you to comply with the above stated expiration period.
Important note: after effectiveness of the order of punishment, you will receive a demand for payment of the monetary punishment (fine), and the costs of proceedings, by means of a pre-prepared payment transfer form, unless you have already paid a deposit in the amount of the fine and costs [!].
Please [!] pay only after receipt of the demand for payment, using the enclosed pre-prepared payment transfer form!
Additional information about this document
|Author(s):||Carlos Whitlock Porter|
|Title:||The German Court vs. Carlos Porter, Mail-Order Justice: Punishment First, Trial Afterwards|
|First posted on CODOH:||May 30, 1998, 7 p.m.|