Original subtitles

[ Conversations in native language ]

[ Vehicles approaching ]

[ Man shouting in German ]

[ Man whispering ]

[ Shouting continues ]

[ Shouting continues ]

Mel: My immediate family and myself

inside a boxcar like this one here.

This was the kind they had.

And there were hundreds of people --

men, women, children -- all gathered together,

crammed inside with whatever food

we happened to have in our pockets.

When we left, a little water

and...not enough room for people to lie down.

Mostly, we had to stand, crammed in there.

When we arrived at Auschwitz after three days,

this was the front of the camp,

and the train pulled up on the track to the side in here.

The doors slid open,

and it was a scene of madness, like a nightmare.

People rushing, shouting, screaming,

and the guards yelling, "hurry, hurry, hurry!"

And families screaming

for loved ones to stay together with each other,

and mothers trying to help their children,

the soldiers with their rifles and sticks

that they used to beat people.

And in the middle of this scene, my mother gave me a pillow.

She said to me, "here, my son.

Be sure not to sit on the cold, bare ground."

We were in Auschwitz,

and she was worried I might get a chill.

But we all know how mothers are, don't we?

[ Laughter ]

Mr. Mermelstein has a few more minutes.

Are there any more questions?

Mr. Mermelstein.

Yes, young man.

How old were you when this happened?

I was not much older than you. I was 17.

Mr. Mermelstein, can you please tell the children

about the two pieces of holocaust artwork.

Are they yours?

Yes. These are pieces that I put together in my shop --

some items that I've collected at the camps.

Auschwitz, buchenwald, as you see here.

These are pieces of electrical insulation, electric box,

and pieces of barbed wire.

And over here, you see a piece of the actual concrete post

that held up the electrified barbed-wire fence,

and the words, "arbeit macht frei," which is a sign

that the Germans had over the gate posts

over the entrance of the camp.

In English, it means, "work will make you free."

It was a cynical Nazi joke

suggesting that if the prisoners worked,

everything would be all right.

Were there any other people at the concentration camp,

or were they all Jews?

There were other people, yes.

Some political prisoners, some homosexuals, some gypsies,

some catholics, but mostly Jews.

Yes, mostly Jews.

My father says there never was a holocaust,

that it was all a bunch of lies,

that there were never any Jews gassed at Auschwitz.

[ Crowd murmuring ]

Yes. I've, uh, heard this --

this idea before.

I suppose it's the kind of thing that Hitler would say

if he was back on earth.

I think the question is will you believe him?

[ Speaking Spanish ]

Listen, about the small pieces.

Very nice of you.

You don't have to take them.

I've got better pieces in the yard,

and the bigger ones will be in tomorrow.

That's great. You really meant tomorrow?

Tomorrow. You can count on it.

I'm counting. I'm counting.

This came for you.

Oh. Oh, good, good, good. Yeah.

Buzz me if you get the parcelo company on the phone.

Those guys are a week late with their shipment.

You're too easy on them.

Look who's talking.

Oh, Mel, you're such a hard guy.

I'm tough. I'm tough.

Humberto! Humberto: Sí!

What happened to your Dodgers last night?

Bad luck. Oh, bad luck. Yeah.

And four errors.

The little kids could play infield better than those guys.

This is wonderful.

Who gets the credit for this?

Well, I made the chicken, and Kenny made the vegetables.

[ Southern accent ] You did everything.

Bernie, it's gonna get cold!

Oh, he's probably looking in the mirror.

[ Laughs ] He's been on the phone, as usual.

If the carrots are overdone, don't blame me.

The chicken didn't time out right.

It's that dumb oven!

It never works the same way twice.

It's absolutely delicious.

Don't you think so, Jane?

I don't know why,

but everything just tastes better

when you kids do the cooking.

Maybe you should do it more often.

It's true. Oh, please.

Flattery will get you nowhere, mom.

Once a week is plenty for me.

Well, it's really a big help, though,

especially at the end of the term

when I have all these papers to grade.

Dad, mom's been teaching me a southern accent for the play.

Can I try it out on you?

Come on. Let me hear it.

There goes my appetite. Oh, hush up.

Shut up.

[ Exaggerated southern accent ] That summer was a burden for me

and my condition.

I had been feelin' poorly

since the first fog in the Tennessee mountains.

Come on. Come on!

Critics, she doesn't need. Come on.

Hey, guys, guess what?

Miss radford, my counselor,

she says I got a good shot of getting into Stanford

if I do well on my s.A.T.

Oh, great.

The chicken is cold.

What's the "if"?

All you have to do is apply yourself.

I do apply myself.

That's why I stand a good chance of getting in.

You made "the herald."

Oh.

Aha. What -- what is that?

They printed my letter. Look at this.

Both: "What can one say when once again, we sit idly by...

"...as these highly acclaimed professors

"in highly accredited universities

"are at it again.

"They're teaching our new generations

"that the chimneys of Auschwitz

were only those of the bakeries."

Good work, dad! Thank you.

You're an author. All right.

Jane: Can I see that?

Congratulations, dad.

Something I've wanted to get off my chest,

about these animals trying to make people believe

there was no such thing as a holocaust.

Sprouting up everyplace -- even the school, I suppose.

You remember, Edie?

Dad, that's a cholesterol injection.

I'm caught in the act. I'm sorry.

Excuse me. Please forgive me.

And you finish your supper.

You don't know how lucky you are...

All: ...Lucky you are to have food on your plate.

That's right. Yeah, dad, we know.

Mel, this is pretty strong,

calling them, "former Nazis of the old Hitler reich regime"?

I said some of them.

The others aren't, but they're not any better.

Believe me.

"...spreading lies, hatred,

bigotry vis-à-vis the subject known as the holocaust."

Yeah. I sent it to "the Jerusalem post"

and a couple of other local papers.

What do you think? Is it a good letter?

Do I get an "a"?

Yeah, that's fine. I think this is fine.

Oh, my god.

Mel?

What is it?

"Dear Mr. Mermelstein,

"your recent letter in 'the Jerusalem post'

"indicates that you can prove that Jews were gassed

in gas chambers in Auschwitz."

"In 1979, revisionists

"conventionally announced a $50,000 reward

"for proof of this allegation.

"To date, no one has stepped forward,

"and at the 1980 revisionist convention,

"we suspended the reward.

In the circumstances, we will..."

"...reopen the $50,000 reward so that you can apply."

I enclose all the necessary application forms.

Please note the evidence will be judged

along the same standards

as evidence in a u.S. Criminal court

and not the standards of the nuremberg trials.

"If we do not hear from you,

"we will be obliged to draw our own conclusions

"and publicize this back to the mass media,

"including 'the Jerusalem post.'

"I look forward to hearing from you very soon.

"Sincerely, Lewis Brandon,

institute for historical review."

[ Cheers and applause ]

Some letter, huh?

[ Scoffs ] Forget it!

It got lost in the mail.

You have a shredder in the office?

Mel feels they're attacking him personally,

so he can't back down. Am I right?

I have to take it personally.

This letter's addressed to Mel mermelstein.

The last time I heard, that was me.

I can't let them walk all over me.

You're absolutely right.

Dan, maybe you'd stick your head under the covers,

but everybody's not like that.

So, what are you gonna do?

Go into their hall with their judge,

their pals sitting on the jury, some kind of star chamber,

and expect to get a fair trial?

I can't believe this.

Mel, these people are -- are -- are Neo-Nazis.

Yes, that's exactly right,

and that's why I cannot let them get away with this.

Well, good for you, Mel.

Okay. Can I make one suggestion?

Just one suggestion?

Mr. Greenspan, do you think I showed you this

because of your good looks?

Give me some advice.

Oh, yeah, he'll take some advice

and then do just what he wants to.

Please, if you're absolutely set on fighting these people,

at least don't do it on your own.

There are Jewish organizations who deal with these matters

on a daily basis.

Go to them.

Get some help. Don't be such a hero.

Jane: It's missing again, Mrs. Anderson?

No. I'll tell Kenny as soon as he comes back.

Yeah, I'm sure that it was just an oversight.

Yeah. Well, no, no.

It's no trouble at all. I'll -- I'll, uh...

I beat my world paper-route record by 96 whole seconds.

Shh. Oh, all right.

Cool! Bravo!

Paper, dad.

That was Mrs. Anderson.

She said you forgot to deliver her paper again.

Somebody keeps stealing it.

All right. Sure they do, Kenny.

Sorry, dad. We know the truth.

Mrs. Anderson will report me if I don't get her a paper.

I read the newspaper every morning

until my son got a paper route.

Now, how am I supposed to keep up

with what's going on in the world?

You want to know what's going on in the world,

give Mrs. Anderson a call.

Oh, we got a wise guy.

Bye. Oh, god, I've got to get a move on it.

I have a teacher's meeting this morning.

Hey, is today your meeting

with the anti-defamation league?

Yes. Today, 10:30.

About that letter?

Yes, about the letter.

Well, it'll be good to hear

what the experts have to say, huh?

Good luck. Thank you.

Bye, everybody. Bye, mom.

Edie, if you're ready, I'll drop you.

Okay. I'll get my books.

Going into the Nazi-hunting business, huh, dad?

What's that supposed to mean?

Isn't that what they do at the anti-defamation league?

They're involved in a lot of other things over there,

as well, like keeping track of groups like this.

Don't you think you're kind of overreacting

about a dumb letter?

I mean, there's a lot of nutcases running around,

shooting their mouths off.

Yes, and sometimes, people listen to them.

All set.

I'll see you later, Bernie.

So long.

Edie: [ Exaggerated southern accent ] I prayed for the courage.

[ Normal voice ] Oh, this is the pits.

What's the matter?

Well, it's my dumb accent.

I wish I could get it as good as mom's.

Well, you know, your mother was born in Tennessee.

Anyhow, I think your accent is very good.

I can practically smell magnolias.

Well, you think everything I do is wonderful.

I admit it. I think my daughter is perfect.

What?

Have I ever told you

you remind me of my older sister?

Yes, you have. A couple of hundred times.

Well, the older you get, the more the resemblance,

especially around here.

She was very beautiful.

How old was she when she...

She was 20. 20 years old.

I hate it when anybody hurts you.

[ Bell rings ]

Bye.

Bye.

Anti-defamation league, 105.

[ Telephone rings ]

'Course you want to strike back at these people.

What decent person wouldn't?

Mel: So, you'll help?

I'm afraid there's no help we can give you.

There's no way for you to get satisfaction,

Mr. Mermelstein.

Satisfaction? What I want is justice.

I mean legal satisfaction.

This letter is not actionable,

which means there are no grounds to take them into court.

Of course, I mean, a real court --

the United States court, not their kangaroo court.

Let me tell you something you probably already know.

Now, the institute for historical review

is part of an ongoing germ.

It's a network of professional liars and haters

who get pleasure out of telling their horrible lie --

mm-hmm. That there was no holocaust.

Now, to some people, people who need to hear this kind of smut,

unfortunately, it has some appeal.

We know them. We know what they're doing.

[ Sighs ]

Now, let me tell you something

you probably don't want to hear.

You would be foolish to pay any attention

to this letter, Mr. Mermelstein.

You'd be playing right into their hands.

How do you mean?

The whole challenge is phony.

They don't want the truth.

They'll stack the deck against you.

But I could tell what I saw with my own eyes in the camps.

I could bring witnesses.

They'll ridicule you and your witnesses.

All you would accomplish by responding

is to give them exactly what they want.

They want the publicity. Yeah.

If you give them the recognition they're looking for, they win.

Ignore them, you win.

Just a minute.

You can't see through my jacket,

but when you say "ignore them," I get goose bumps.

I get a shiver, 'cause that's exactly the same words

that the wise men in my town in munkács in Hungary said

when the Nazis started to spread their lies.

Mr. Mermelstein.

Please! Please!

Don't give me this "ignore them" business,

because I know where that ends.

Mr. Mermelstein, the a.D.L.

Cannot become involved with this.

It's counterproductive.

Now, we strongly advise you

to give this letter the contempt it deserves.

Let me do it for you.

Wait, no, no, no. No, Mrs. Teitler.

You can't do that.

That's where it belongs.

Well, you can't throw this letter away,

because this letter wasn't sent to you.

It was addressed to me.

This is not Nazi Germany. This is not munkács.

This is the United States.

Thank you very much.

I'm sorry.

Whoa! Whoa-ho-ho-ho!

We need some pieces of extra board on the other side.

Cuatro, por favor. Cuatro.

Phone for you, Mr. Mermelstein!

Yeah.

[ Nail guns shooting, saws whirring ]

Hello?!

Hello?! Yes, mermelstein, yes.

Mr. Gross! Hello!

Yes. Have you thought about it?

Can you take my case?

I understand.

Thank you. Thanks for your time.

Yeah. All right. Bye.

[ Horn honks ]

Woman: Mr. Mermelstein.

Rabbi heir will see you now.

Mr. Mermelstein, this is my associate, rabbi Cooper.

Oh, hello. Pleased to meet you, Mr. Mermelstein.

Mel, Mel. Please, sit.

We're happy to have the chance to get to know you.

Thank you.

I'm sorry that it's on the occasion of a problem.

Yes. We're aware of the talks you give, Mel.

And your impact on schoolchildren

must be very rewarding.

Mel: It is. It is.

It must have been a shock for you,

getting a letter like this.

Is this the first time you've ever heard from them?

Yes, the first.

Well, we see this kind of tactic all the time.

Hmm. Baiting.

Baiting.

It must be very difficult for you personally.

Yes.

But why give them the attention?

[ Chuckling ]

You --

this is the Simon wiesenthal center.

You're the people who hunt Nazis all over the world,

so even you are gonna tell me

I should turn my back on these guys?

Mel, the wiesenthal center is currently involved

in more than 400 cases of Nazi war criminals

living in western countries.

In each of those countries,

we're working closely with government authorities

to try to bring these people to justice.

This -- this is not justice.

This is what they want -- a show trial on their turf,

another chance for them

to attack the validity of the holocaust.

This letter was sent to me personally, and it's disgusting.

Now, I'm asking you for advice. What should I do?

Mel, you're a survivor of Auschwitz.

We're not.

We don't have the moral right to tell you what to do.

You have to follow the dictates of your conscience.

But please remember, if you take this on,

you get into a fight with these people and you lose,

we all lose.

It's a nice street, huh?

Yes, it is.

This is some country.

I was a teenager when I got off the boat,

and I was shaking from typhus,

and I was dressed in rags.

Look at this.

You worked hard. Yeah.

I was also lucky.

I found you.

[ Chuckles ]

Now, that cuts both ways, fella.

You got turned down today, didn't you?

Yeah, by every lawyer,

every organization I contacted,

and they all said the same thing --

"forget it. Ignore them."

How can I let that scum laugh at me,

advertise, "the Jew backed down"?

They'd show up at my talks, you know.

They'd wave their hands.

"You're the Mel mermelstein

who refused to accept our challenge."

And what can I say to them, Jane?

I can't let them shut me up, Jane.

I have a responsibility.

Mel, do you remember bill Cox?

Yeah, when the two of you ran for the school board.

Interesting man.

Yeah. He's a lawyer, you know.

You should give him a call.

You're serious?

Why not?

We're talking about the same bill Cox?

He's a former cop, former assistant district attorney,

night-school lawyer.

And you forgot Irish catholic.

[ Laughs ] That's perfect. Perfect.

This is exactly the guy for my case.

Stranger things have happened.

I mean, look, you married

a southern baptist teacher from Tennessee.

And...it's worked out all right, hasn't it?

Eh...

[ Laughter ]

So, this was when you ran

for the, uh, the school board?

Bill: No. That's when I ran

for president of the United States.

Oh. Very ambitious.

Oh, don't worry about that.

I was trying to teach my son about the Democratic process.

What better way than watching his father run for president?

It's certainly original.

Yeah.

All I did was make sure my kids took civics.

Oh, thank you.

[ Clears throat ]

So, tell me, what do you think about my case?

Well, they sound like the kind of people

I used to run into when I was a cop --

people who knock on the doors of blacks

in the middle of the night, order them to come out.

Yes, but what can I do about it?

Well, I'll tell you what you can't do about it.

You can't let them trick you

into going into their phony court.

So I've been told. Mm-hmm.

But I will not accept this insulting letter --

"exposure to the mass media

if you don't respond very soon."

They're insulting me. They're threatening me.

Well, I know that, but -- but?

Look, Mel, I agree with everything you're saying.

It is insulting. It's threatening.

It's disgusting, if you want to know what I think,

but I'm afraid it's non-actionable.

Non-actionable?

By non-actionable, I mean it's --

excuse me. You don't have to tell me what it means.

I heard it from everybody else.

I don't have to hear it from you.

It means I'm supposed to forget

we're living in a democracy.

I'm supposed to act like it's normal

to get something like this in the mail.

Hmm. This is the Democratic process you taught your son?

No. Pardon me, Mr. Cox, I don't think so.

This can't happen here, not in america.

Now, wait a minute. Hold it, Mel.

Non-actionable?

No, my friend. You're non-actionable.

[ Sighs ]

Jane: I was wrong. I'm sorry.

Mel: Don't be sorry, Jane. I am.

You don't have to apologize.

I just have to find a lawyer with a different opinion.

[ Knock on door ]

Who the hell is that?

It's after midnight.

All right.

Mel, be careful.

Yeah, yeah, yeah, yeah. I'm coming. I'm coming.

[ Knocking continues ]

All right, all right.

What is it? What is it?

Yeah, yeah, yeah.

Cox!

Are you a gambling man, Mr. Mermelstein?

What are you talking about?

It's the middle of the night.

Can I come in?

Come in. Come in.

You play cards?

You want to play gin?

What is this? Are you crazy?

Where I come from -- lubbock, Texas --

we play hold'em poker.

I have a feeling if we play our cards right,

we might just be able

to take these I.H.R. Boys to the cleaner--

Mr. Cox? W-What are you doing?

Hi, Mrs. Mermelstein.

Look who's here.

What is it?

It's Adams -- Adams vs. Lindsell.

Is this supposed to tell me something?

Adams vs. Li--

that's the first case we learn about in law school.

If somebody sends you a letter making you an offer,

and you accept that offer, that's a legal contract.

Yes?

That means if you accept the challenge from the I.H.R.,

if you send them a letter

saying, "yes, I agree, et cetera, et cetera,"

you've got a legal, binding contract.

If they don't live up to it,

then we can sue them for breach,

but in a United States court of law,

where you get a fair hearing.

[ Laughing ] You're sure this isn't a Texas law

you're talking about? No, no, no, no.

This is good from sea to shining sea.

If you send that letter of agreement,

and if they don't respond within 30 days,

we'll drag their butts into a real court,

see how they like that.

This is interesting.

This is very interesting.

But suppose they do respond.

Doesn't that put me right back into their court?

You and everybody else told me I shouldn't do that.

That's where the gamble comes in,

but I don't think they want to hear from you.

I think they want to just ridicule you.

I think they want to tell people they made you an offer

and you ducked it.

Very reasonable.

But what if they do take me up on it?

They won't. Trust me. They won't.

And that'll be the biggest mistake they ever made.

How can you be so sure?

Because we're...The good guys, and they're the bad guys.

Hmm. [ Chuckles ]

Bill: All that says is you're accepting their challenge

with proof that the holocaust actually happened.

Thank you. Thank you.

Now, if we don't hear from them within 30 days,

we've got them in court.

Let's get that in the mail and make it official.

Okay. Now, there's just one thing.

Yeah?

We haven't talked about your fee. Oh, yeah.

Weren't we supposed to make an arrangement?

Yeah.

Uh, I've been thinking about that, Mel.

And, uh, I think

I'm gonna have to take this case pro bono.

I'm sorry. In English, please?

Oh, that's "for the public good."

That means that my services are free.

No, no, no.

No, no. Listen, you're gonna have enough expenses.

Believe me. Well, all right, but you can't take --

now, that's the deal.

All right.

Okay. 30 days and counting, huh?

Yeah.

So, tell me, when you played hold'em poker,

did you bluff a lot?

Oh, I bluffed all the time.

I was famous for bluffing.

How often did you win?

I never won.

That's probably why I was famous.

Oh, boy.

[ Indistinct shouting ]

If the case goes to court, I'm gonna need some witnesses.

Mr. Cox on line two.

Just a second.

Yeah. I got to go, Kevin.

[ Chuckles ] You can count on it. If I --

yeah. I'll be in touch.

All right. Bye.

Hello, bill. Yeah?

Yeah? No! I haven't heard anything.

No. Nothing in the mail.

You?

Oh, good.

Okay. Yeah. No, I can't.

What have we got -- two weeks?

I'm going crazy. I can't eat.

I can't work. I can't sleep.

Losing weight. The best diet I ever had.

Oh, on the toe.

Up! Oh!

Oh, that was cool.

Yeah, you like that, huh? Dad, show US.

It only took me 40 years of practice.

I'll show you how. Show US how to do it.

Wait a minute. Wait a minute.

The mail is here.

The mail is here. I'm gonna get it.

No, dad! Dad, show US.

I'll go! I'll go!

Mel: Put your foot on it.

Dad. Yeah?

They're starting a peewee league down at the park,

and we need a coach.

Could you do it?

I wish I could. Yeah. Yeah, yeah.

Yep.

Come on. Come on, guys.

That's it. Good. All right, come on.

Good, good. Take it away.

[ Screaming ]

What is it?! What is it?!

Kenny: Edie, what happened?! What is it?!

[ Sobbing ] What's the matter?

Oh, my god.

Bill: "Hair of Jew, gassed victim."

This was in the envelope, also.

"Pure Jewish fat suet.

Hungarian Jews. Auschwitz gas chamber."

[ Sighs ] God, almighty.

Let me...

No return address, of course.

There's so many nuts out there.

No telling where it came from.

Are we in danger?

I mean, the kids -- do you think...?

We'll just have to be careful and take precautions.

What kind of precautions?

I-I'd put dead bolts on the doors, Mel.

Make sure you always know where the children are.

Don't ever let them out at night alone.

Oh, boy.

Oh, Edie, come in. Come in.

How are you feeling?

Okay. Do I look terrible?

Let me see.

Oh, a little plastic surgery here and here.

You'll be fine.

Hi, sweetie.

Hi.

I'm sorry, papa. I just lost it.

Oh, you shouldn't have to see that kind of stuff.

Well, that letter was sent to the mermelstein family.

That includes me, doesn't it?

Yeah.

I don't know why

I didn't count on something like this.

Myself, I don't care.

But the kids -- they don't understand.

It's scary.

Scary when the kids take the brunt of it.

Well, six more days, huh?

Yeah, six more days.

But who's counting?

[ Exhales sharply ]

Girls: * k-i-s-s-i-n-g *

* first come love, then comes marriage *

Kenny: Hi, dad!

Mel: Kenny. How did the soccer practice go?

Pretty good. Yeah?

I've been trying to do like you said --

you know, keeping my toe down. Yeah.

I'll have to come out and take a look.

When?

One of these days.

Oh, come on. Don't give me that face.

You know, if this case goes to court,

it's gonna take a lot of work.

We have to be prepared, huh? Come on.

Dad, you know, talking about that stuff,

what happened to... Well, you know.

Doesn't it make you feel bad?

Feel bad?

Yeah. It makes me feel bad.

Then why do you do it?

Mr. Nackman and Mrs. Schwartz down at the synagogue.

There was a whole bunch

who were taken away at the concentration camps.

They don't go around talking about it all the time.

Well, you're right.

They are who they are, and I am who I am.

You know who taught me to keep my toe down?

My father -- your grandfather.

He told me to practice by walking along, kicking stones.

My mother got mad because I was tearing up my shoes.

[ Laughter ]

Grandpa played soccer?

Oh, yeah.

He was the captain of the team the men had there.

He was the high scorer. I never told you that?

You just told me about a game

you used to play on your birthday --

hiding the candy behind his back.

Yeah.

That he was a winemaker and then that thing happened.

You were all taken away.

Yeah.

So, you want to know why I make speeches all the time?

Sure.

Maybe it's time we should talk about it.

Two days after they took US to Auschwitz,

my brother, lajos -- your uncle -- he and I,

we already got our tattoos with the numbers here.

See?

And, uh, we went looking for our father

because we wanted him to have our numbers

because if he got separated,

the number was the best identification.

You understand what I'm talking about?

And, um, the women were already gone.

My mother and my sisters were gone.

We found my father.

And already, from the work,

from the torment, he looked 10 years older.

And he said, "this is a place of death."

He told US he saw a flaming pit

where they were burning bodies,

and he said to US,

"we have to separate... Permanently.

Separate."

And we tried to argue with him, and he said, "no."

He wouldn't listen. He knew.

He said, "I understand

"you think you'll be able to take care of me,

"but it's not gonna be like that.

"There will only be pain and hunger and starvation

"and watching each other's suffering,

and that will be the worst thing of all," you know.

He asked US to make him a promise.

Promise?

Yeah.

I can't talk about this now.

Some other time, okay, Kenny?

Some other time.

Mel, what are you doing?

Shh. Go back to sleep.

It's all right.

[ Sighs ]

W-Where are you going so early?

I can't sleep.

It's the last day.

I'll call you from work.

All right. Bye.

[ Sighs ]

[ Door closes ]

[ Telephone rings ]

Jack, Jack.

Mr. Mermelstein, hi. What's happening?

Listen, Jack, I need a favor.

It's very important, or I wouldn't ask.

Is it possible that I could have today's mail now?

Well, uh, you're in luck. I just finished sorting here.

Okay.

Thanks. This is it, huh?

That's all of it.

No, no.

No. No. Okay.

Jack, thank you.

Find what you're looking for?

No. No. Thank god, no.

[ Telephone ringing ]

Hello?

Mel: Rise and shine, coxie.

Mel, what is it?

You know what today is?

Give me a break, will you?

It's 6:00 in the morning.

It's 30 days, and I got no answer.

Oh, yeah. All right.

Uh, come on over to the office.

See you there.

Okay.

Okay.

Woman: Cody, pull the string harder.

No.

No, no.

No. Nothing.

We got them, Mel.

They can take their kangaroo court and stick it.

We're gonna take them

to a United States court of law.

Mazel tov, bill.

Mazel tov, Mel.

[ Laughs ]

We got a lot of work to do.

Let me show you this day-by-day battle plan.

This is where we are right now.

Now we're gonna prepare an amended complaint,

and we'll get them with a motion of summary judgment.

We'll hit them so hard and so fast,

they won't have time to figure out what we're doing.

Interrogatories, depositions, statements of witnesses,

causes of action, documented evidence.

Because they're thugs, they'll keep defaulting.

We'll set default hearings.

We're gonna hit them with the law, Mel.

We're gonna keep pounding and pounding away,

and we're gonna hit them with the law.

You must be so proud of her.

Yes. I asked how long and said, "why,

"if you have so much time for articles,

you don't write to your mother?"

So she says, "why, I have nothing to tell you."

So I said, "write and tell me you have nothing to tell me."

[ Laughter ]

My mama told me when you eat,

every meal is a feast,

so whether you know it or not, we're having a feast.

Sit. Sit.

It's lovely, Elsie. It's just lovely.

Elsie, you'll be able to come to court

and testify if we need you?

Testify?

What are you saying?

I told you, my case.

My lawyer thinks

you'll make a very important witness for US.

You're from the same town, and you knew my family,

and we were in Auschwitz together.

Shh! Shh! Shh!

Shh. Don't say that. Don't say that.

You have to leave now. Go by the back door.

Elsie, what is it?

Oh, my god. Oh, my god.

They come at night.

I push the furniture against the door,

but it doesn't do any good.

Who comes, Elsie?

The gestapo, with their swastikas.

And they sit on the edge of my bed.

But I trick them.

I don't open my eyes,

because the moment that I see them,

they take me away again.

It's all right, Elsie. I understand.

Oh, let me get you some cookies.

Oh, well, the cookies are in already.

The cookies are there already. I forgot.

Please, have some.

Look, it's poppy seeds.

God, that poor, dear lady.

Could you imagine

if that institute's lawyer got a hold of her oh, yeah...

And put her on the witness stand?

She'd be so traumatized. She'd be torn to pieces.

[ Sighs ]

Mel: Bernie! Bernie!

[ Indistinct shouting ]

Hey, guys, excuse me. Excuse me, guys.

Bernie, I need your help with the sprinklers.

The digital thing is over my head.

I'm sorry, guys. He's the official fixer here.

He's a regular Einstein.

Dad, we're in the middle of a game.

Bernie, it'll just take a minute.

I don't want to waste all this water.

Turn it off at the main.

Just let US finish our game, all right?

Bernie.

It's getting late, Bernie.

I'm gonna split.

See you later, Chuck.

Hey, can I get a ride with you?

Yeah. Come on.

Hey, take it easy, Chuck. See you later, Bern.

You satisfied now?

What's the matter?

You ruined my game.

Bernie, one game is so important?

You want me to fix the sprinklers,

okay, I'll fix the sprinklers.

You're not just the star boarder here, you know.

You're a member of the family.

Yeah, look who's talking.

What is that supposed to mean?

Forget it.

No, no, no. Wait a minute. Wait a minute.

You got something on your mind, let me hear.

You broke up my game to fix a sprinkler,

so I fixed them, all right?

Mel?

Bill Cox is on the phone.

Mel: What the hell is this?

Bill: This is what you find when you look under rocks.

I'm afraid the I.H.R.

Is not a small, isolated bunch of fanatics.

Ay, ay, ay. Anne frank a hoax?

Where did you get this garbage?

Seems they're connected

with the well-funded empire of hate

spread out all over the country.

They have publishing houses, newspapers.

They even have radio and television programs.

Where did you find this?

It's in the public record.

The point is, Mel,

this might be just the tip of the iceberg.

I don't know how much money

they're willing to pour into this case.

This could get very expensive.

Bill, I want to tell you something.

They're gonna do whatever they have to do,

and I'm gonna do whatever I have to do --

whatever it takes.

I can't let them frighten me.

These are liars and bullies.

They're gonna find out they picked the wrong guy.

Whose shoes are those?

Those shoes belonged to children --

little boys and girls who went into the camps

with their mothers and fathers.

There were many, many that went in that way.

If you look below the shoes,

you'll see the pictures of children who were prisoners.

They're wearing the prisoners' uniform, you see,

with the stripes.

How old do you think those children are?

6. 13.

5. 7.

12.

Mel: And how old are you? All: 12.

Yeah. Boy: I'm 11.

So, they were the same ages as you are.

Girl: Uh, is that barbed wire,

you know, really from the camp?

Yes, and down at the bottom here,

you see actual barbed wire

that I used to make the Jewish star of David.

Boy: I know. I know. These are spoons and forks.

Yes, that's right.

Spoons and forks, knives, scissors,

or shaving equipment --

all kinds of utensils that the prisoners brought with them

to the camps

because they thought they would use them for their daily use.

Even over here, you see the little bottles

that they brought their personal medication.

Boy: What does this mean?

This is in the Hebrew language.

It's known as the kaddish,

which is the mourners prayer over the dead.

For example, here, it says...

[ Speaking Hebrew ]

Why did the Nazis do all this, Mr. Mermelstein?

Oh, that's a good question.

You see, this is an old political trick.

If you can find a scapegoat,

somebody you can blame for all the problems,

and if you can get people to believe

that their lives would be better if those people were gone,

then that's a way of getting power.

This is your mommy and daddy, Mr. Mermelstein?

This is my family, the way we were before the war.

You say the Germans killed all of them --

your whole family?

What is your name?

Arnold Chester.

Yes, Arnold, they certainly did.

That's one of the reasons I built this place.

You see, I don't know

where my mother and my father are buried,

so I can't go visit them

and put flowers on their graves,

so instead, I can come here

and think about them in this way.

[ Indistinct conversations ]

[ Applause ]

Uh, there's seats in the back. Hurry, please.

Better late than never.

[ Laughter ]

[ Clears throat ]

My friends, we now have irrefutable scientific proof

that the holocaust is a myth --

a gruesome, ugly tale

of the alleged 6 million Jews gassed

or otherwise dispatched by the Nazis.

But the truth is Adolf Hitler did not gas a single Jew.

The Jews claim the Nazis

lured them into shower rooms and gassed them.

Our evidence shows

the Jews were, indeed, lured into shower rooms,

but only because the Nazis

were trying to delouse all of the prisoners

to prevent the spread of typhus, which was ravaging the camps.

There's another one who says Hitler never killed a Jew.

Shh, shh, shh.

Of course some Jews died. It was war, wasn't it?

And in a war, everybody suffers.

Jews died from malnutrition, typhus,

some even from allied bombing,

along with German soldiers and civilians.

But the so-called final solution --

the idea that Adolf Hitler had a plan

to systematically exterminate the Jewish race...

"So-called," he said.

...is a concoction of the Jewish imagination.

This is a lie.

[ Crowd murmuring ]

Shut up, will you?

No, I don't want to leave. I'm gonna stay here.

Woman: Be quiet.

It has been...

It's okay. We'll continue.

It has been scientifically estimated

that perhaps 300,000 it's not easy to listen to this crap.

To half a million Jews died, and this is before.

But this myth of the holocaust --

of 6 million Jews being killed by the third reich,

is simply a lie -- a lie truly devised by the Jews

to squeeze blood, money, and sympathy

out of patriotic Americans for Jewish culture!

You're a liar! [ Cheers and applause ]

Excuse me, sir. This is a private meeting.

You're a lying bastard!

Hey, hey, get out of here!

Get him off of there!

Why don't you tell the truth?!

Get out of here!

[ Indistinct shouting ]

Hold it, hold it, hold it.

You should be ashamed of yourself!

We can't speak the truth?

Man: He's a Jew!

Get out of here!

Shame on you! Shame on you!

This is america.

Woman: Yeah, this is america, Jew boy!

Man: Yeah! Get him out of my sight!

Get out of here, would you?!

Man #2: Why don't you come back?! I'll rip your face off!

Go back to where you come from, kike!

You miserable son of a...Lying...

Listen to me! Listen to me!

I am not defending you for assault.

Now stop acting like a hoodlum.

You understand that?

We'd better get our day in court, my friend.

We're going to court.

We'd better get our day in court.

Edie?

Oh, hi, dad.

Jane: I told her she could wait up for you.

She wanted to show you her dress.

[ Exaggerated southern accent ] My card at the magnolia ball

was filled the first night I wore this gown.

I save it now for the important times.

Maybe I'll wear it to my wedding.

Ay, ay, Edie.

Tonight was your play, and I missed it.

How do I look?

You look dazzling.

I'm sorry, honey.

I'm sorry I missed you.

What you're doing is much more important

than a silly old school play...

[ Smooches ]

...even if your daughter was rather spectacular.

'Night. [ Chuckles ] Good night.

Good night, honey.

'Night.

Why didn't you remind me?

I did.

[ Indistinct talking on television ]

Hello, Bernie.

Hi.

How do you think you did on your s.A.T.S?

I don't know. Hard to tell.

I'm sure you did fine.

Did you see Edie's play?

Sure. She was the best one in it.

Well, good night.

[ Cabinet door closes ]

Bernie...

...if I owe you an apology...

Oh, it's no problem.

No. If I do, I apologize.

It's no big deal.

Bernie, what's wrong?

Nothing. I'm just tired.

Good night, mom.

Good night.

[ Indistinct talking on radio ]

You sure that's all it is?

Yeah, that's it.

[ Radio shuts off ]

You seem so angry these days.

Me?

I didn't know I had the right to be angry.

Would you explain that, please?

Well, I haven't suffered enough, have I?

I mean, what have I got to be angry about?

Who said this? I said this?

Anytime anybody says anything in this house.

Like, I don't know. Like, I'm hungry.

You say, "you should never know what real hunger is."

Like, we can't even say we're hungry

if we're not starving to death or something.

I'm sorry.

From now on, if you're hungry, you say so,

[ laughing ] And I'll keep my mouth shut.

See? How I feel is some kind of joke to you,

like it doesn't really matter.

Of course it matters.

What I'm trying to do is find out --

and those talks you give.

Did you know kids laugh at me

'cause my father goes around crying about something

that happened long before any of US were even born?

A lot of people have problems.

They don't all go around advertising them.

Bernie, I didn't know about any of this.

Sure, because we've always been afraid to hurt you,

'cause you've been hurt enough already.

Anyhow, it seems like all you ever really cared about

is your first family -- your European family.

That's not true.

And how are we supposed to compete with them?

We're alive, and they're dead.

Dad! Dad!

What is it? What happened?

A dead pig in the driveway.

What?

A dead pig. A dead pig.

A dead pig?

Do you have any idea who could have done this?

I don't...Shh. Shh.

Any indications -- any telephone calls?

Any suspicions at all?

What the hell is this?

Do you have any idea who could have done this?

There's a lot of nuts out there.

Will you stop with the pictures?

Hide your faces.

Why else would somebody do this?

Don't take any more pictures. We've got enough of that.

Have there been any other acts or threats against you?

[ All shouting questions ]

I'm asking you to do me a favor.

No more pictures of the kids, please.

...what might happen to your children, Mrs. Mermelstein?

Mel: Come, come, come.

Of course I'm worried. Wouldn't you be?

[ Sighs ]

Woman: Do you think this has to do

with all the publicity you've been getting?

Mel: Mr. Cosgrove, I'm sorry.

I'm sorry. I forgot about it.

I forgot the order.

It's my mistake. It's my fault.

Well, can I make it up to you?

What can I say?

I'm going through some personal problems right now.

Let me try to make it up --

okay.

Yeah?

Yeah, I understand. Yeah.

Okay.

[ Crickets chirping ]

We're going to have to lay off a couple of men.

[ Sighs ]

Oh, no. It's that bad?

Business is hurting.

Not just business is hurting.

[ Sighs ]

Listen, Mel...

When I met you,

I knew I was getting a man who left a piece of himself

with his family who died in the camps.

Knowing that, I married you. There were no surprises.

Everything was up-front, so listen,

if you want to go ahead

and keep fighting these Jew haters --

wait a minute, wait a minute, wait a minute.

...i will stand --

Jane, it's not what I want to do.

It's what I have to do.

Will you please let me finish, Mel?

I can't let these people beat me by default.

I wish that you would listen to me.

Jane, Jane, no, listen to me. Listen to me.

These people took me on

because they thought I would back down,

because they thought the Jew will cave in.

I can't quit.

How could anybody ask me to do that?

I am not asking you to quit.

I support you.

I will do anything you want,

but it's not just about you, Mel,

and it's not about me.

It's the kids.

There is nothing left of you for the kids.

How long do they have to put up with your pain?

Hmm?

[ Indistinct conversations ]

Mel.

There's a date for our hearing.

Look at this.

October 9th, superior court.

Mel mermelstein vs. The I.H.R.

Huh?

Hey, is something wrong?

Yeah. [ Chuckles ] I got some turmoil at home.

Like you said, you know, the kids --

they take the brunt of it.

Yeah, well, I'm sorry about that.

If there's anything I can do, I --

tell me, bill, if everything went absolutely perfect,

how long would this whole thing take?

Four or five months.

Unless, you know, unless they want to stall,

and they'll drag it out with a bunch of suits

and counter suits

and legal papers going back and forth.

Then -- well, then it could take years.

Years? Yeah.

Like, uh, what's stalling?

Like -- like -- like when they wrote you that letter,

saying "we can't get to you

"until we finish with the wiesenthal

and 'the diary of Anne frank.'"

they're stalling. Yeah.

Same thing when they wrote the other letter, saying,

"we got to get you back in our court instead of a real court."

Yeah, yeah.

That's what it is.

This is impossible.

I can't. Uh, I can't.

I'm gonna have to drop this thing.

Drop...? What do you mean?

What do you mean drop the whole thing?

Mel, we're reaching into

the largest racist anti-semitic organization

in the country.

These people are --

these people are connected right up into congress,

but their little house of cards is beginning to crumble

because of your lawsuit.

They just fired the director of the I.H.R. --

the guy that sent you the letter about the $50,000.

We could hurt these people, Mel.

I'm sorry. I'm sorry.

You're sorry?

We have a court date.

I mean, we -- we're on the calendar.

This is what we've been working for all this time.

We can -- we can expose the whole organization, Mel.

Don't you understand that?

Good, good, good.

Let someone else do the exposing.

No, this is wrong, Mel. This is wrong.

We both have too much invested here.

I've put a year into this case already.

I'm sorry.

I can't. I can't.

Don't you understand my family comes first?

I can't. I'm sorry. I can't.

But you can't quit now.

What about all that stuff you told me?

Let me explain something to you.

When I started this whole business,

people said to me, "don't rock the boat."

And I thought to myself, "I'm alone in the boat,

so what difference does it make if I rock it?"

And I was wrong. I made a mistake.

I'm not alone in the boat. You're all in the boat with me.

I know what we have to do.

We have to jump in the car and go get something to eat!

Come on! Mel...

Come on, we'll go and get some food.

We'll get some hamburgers, some ice cream,

and be like a family, okay?

Come on. Are you happy now, Bernie?

About what?

Jane: Edie. Edie: You know.

Shut up, you little jerk.

Hey, you don't have to be so embarrassed

in front of your --

I'm gonna slap you, Edie! Wait a minute!

You're ashamed of papa.

Just a minute. Just a minute.

Just a minute.

Edie, get your sweater. Let's go.

[ Telephone rings ]

Hello?

Hold on. Dad.

Hello. This is Mel mermelstein.

Is what?

Wait a minute, who is this?! Wait a minute!

Wait!

They set the exhibit on fire. What?

They started a fire at the exhibit at the shop!

Call the fire department!

What's the number? Hand me the phone.

[ Tires screech ]

Dad! Dad!

I'm going with you.

[ Horns honking ]

[ Police radio chatter ]

What happened? What happened, chief? What's going on?

It's all right. It's all right, Mr. Mermelstein.

Checked everything out.

Looks like it's just a false alarm.

Okay. Thank you.

Thank you very much. I appreciate it. No problem.

I'm gonna go check my exhibit.

Okay.

Thank you.

Nothing.

A lot's changed since the last time I was here.

When was that?

You were still in grade school.

Dad... Yeah?

Whoever called, maybe it was just to get you out of the house.

[ Telephone rings ]

Jane: Somebody get that, quick!

Mel?

Darling, is everything all right?

Of course it is. What happened there?

Nothing. Absolutely nothing.

Oh, thank heavens.

It's all right.

I don't know.

Maybe with all this stuff in the newspapers,

somebody's trying to harass me.

Are you harassed?

[ Chuckles ]

Isn't it the truth.

I'm a little harassed. I admit it.

It wasn't the I.H.R., do you think?

I don't know. We'll never know.

Well, please, just be careful, all right, honey?

All right. Listen, please.

Make sure everything is locked up, all right?

Okay, okay. Bye.

See you soon.

Bernie: It's terrible to think

you'd even have to worry about something like that.

[ Groans ]

That's you, isn't it, dad?

Yeah.

Dad?

What Edie said about me being ashamed of you,

it's not true.

I never thought it was.

It's just that...

Well, I don't know.

I could just never stand to hear

about all that terrible suffering you went through.

Did you know I could never even look at your tattoo

when I was a little kid?

It made me sick.

You'd hug me, and I'd squirm out of there

because I couldn't be near that tattoo.

I was afraid it would rub off on me somehow.

I wasn't ashamed of you.

I was ashamed of me.

I was scared, so I just cut out --

Bernie, you don't have to discuss --

no, let me finish.

I mean, it's been hard enough to get started.

Look at all this. It's unbelievable.

It's not only your family that was murdered, you know.

It's my grandfather... My grandmother...

My aunts, my uncles.

Where the hell are they, right?

These guys say the holocaust never took place.

Where's my family, papa?

Where?

You can't quit this case.

Please.

Fusilier: Well, I guess we're all here.

We're all ready.

May we go on record, Mr. Cox?

Bill: Yeah, sure.

Mr. Mermelstein,

you are the plaintiff in this matter, are you not?

Mel: Yes.

Uh, excuse me. I was wondering

what Mr. Marcellus' purpose for being here is.

You deposed him, and he is a director of the institute.

The institute is a named defendant.

I am being retained by the institute now, okay?

All right. Is that okay?

Has your attorney explained to you, Mr. Mermelstein,

that in a deposition, you are under oath...

Mel: Of course.

...as though you were in court?

Of course.

Now, Mr. Mermelstein, you claim that in 1944,

you and your family, your father, your mother,

your brother, and two sisters

were rounded up, together, with others from your village.

You were placed in boxcars

and transported to the camp known as Auschwitz-birkenau.

Is that correct? That's correct.

Your community was anti-German. Is that correct?

No. My family was an ordinary Jewish family.

Did your family use any means

to keep you from getting picked up?

We fought for our survival is what we did.

How did you do that?

We fought.

You hide when they come to knock out your windows

or drag you out of your home

to beat your brothers and sisters.

You had some problems.

If you call it "problems,"

you don't know the history of that period.

Were you ever arrested

from September 1939 through January 1944?

No. We were not criminals.

We were not arrested.

We were not accused of any crimes.

They rounded up Jews.

You were not involved in any black market?

No.

You were not communists? No.

So, you claim that you and your family were rounded up

for the mere fact that you were Jewish?

Nothing else.

May I inquire

if Mr. Marcellus is tape-recording this?

Is there any objection to this?

Do you have a tape recorder?

I wish to have that tape.

Hold it, Mel.

If you had asked my permission in the first place,

I would have said, "all right. Go ahead."

There's such a thing as a gentlemen's agreement.

But you don't simply have a tape recorder

hidden in your pocket --

not unless I know that you did.

It's all right.

We are not gonna be taping...

[ Tape recorder clicks ]

...anything from here on out, okay?

To continue.

You had been Jewish from the time of your birth.

Of course.

You were proud of it.

No, no. I don't believe in the term "proud."

It's a factual thing.

I would be the same person

if I was a catholic or a protestant or islam.

Very good.

Mr. Mermelstein, do you believe

that you have entered into contract with the defendants --

with my clients

at the institute for historical review?

Yes, sure do.

And how did they initiate it?

By sending me a letter,

stating that they had a $50,000 reward

for anybody who could prove

that Jews were gassed at Auschwitz

so that you, meaning me, Mel mermelstein, specifically,

could apply.

So, you filled out the application,

and you took up the challenge.

That's correct.

And you believe that you can fully comply

with the requirements of proof.

Yes. And prove --

I don't care about your money.

I care about the memory of people who died.

Yes.

You can prove very easily that there were gassings.

Is that right?

My father and my brother were worked to death,

and I can prove to you

that my mother and my sisters

were gassed at Auschwitz-birkenau.

I saw them going in the gas chamber,

but I didn't see them coming out.

So, the only people you ever saw gassed

were your mother and sisters.

My grandfathers, my aunts, my uncles.

You mean your entire family was with you?

My immediate family all arrived in the same boxcar,

and my ears are still, to this day, hurting

from the cries of men, women, little children,

crying for help -- babies carried by their mothers.

That's how we arrived.

And my mother and my sisters were gassed the day after.

Mr. Mermelstein, let me ask you this.

Were you ever an eyewitness

to any gassing operations at Auschwitz-birkenau

from may 1944 to July 1944?

These very two eyes have seen men, women,

little children lured, drawn into gas chambers.

What do you mean by "lured"?

Lured.

They were told they were gonna be taking showers.

Did you hear anybody say

you were going to be taking a shower?

Yes, yes. I was told.

Did you take a shower?

I'm not one who returned from the dead.

You cannot tell me

any details about gassings at Auschwitz.

You do not know.

You were not in the position to know that.

You don't want me to tell you that I was in the gas chamber

with a group who were gassed.

I was not gassed.

That's why I'm here today and they're not.

Anybody who was inside the gas chamber

couldn't be alive today to talk about it, could he?

Now, Mr. Mermelstein, you assert

that when these people went in there,

into these chambers,

someone gassed them by putting gas in there,

and that would cause death to the people who went in there?

Yes. Sure do.

And you do not know how that was done, do you?

I know how it was done.

They put crystals in through a hole -- a manhole,

whatever.

Is that zyklon?

Zyklon "b."

Was zyklon "b" used

for any other purpose besides...Extermination?

I don't know. No.

Have you ever heard of it being used for delousing?

No.

Uh, in buchenwald, Mr. Mermelstein,

was there a [blows] typhus epidemic going on?

I don't know about an epidemic, but I had typhus.

Typhus is brought on by lice. Is that right?

That's correct.

And there were many who died.

I slept among the dead.

What did they die from?

Everything -- starvation, typhus.

Everything.

You had your hair shaved?

Well, they had to keep down the lice.

You were dipped in a solution?

Yes, before you went in the shower.

[ Laughs ] Ho!

You did take a shower.

Yes, but it was for delousing.

We know that the German army ate good food, did it not?

If you say so. I was not in the army.

Well, for example, in this country, see,

first troops get the food,

then the war prisoners get the food.

Does that sound reasonable?

We were not war prisoners.

And then the women and the kids in the population

get the food thereafter, right?

You were the last people on the totem pole.

They gave you the leftovers.

Is that not right?

They didn't give US anything.

And that seemed like they wanted to exterminate you?

Not seemed.

You're looking at the sole survivor

of my entire family.

This is not a laughing matter.

Well, I did not mean to be facetious,

but you were not getting lox and cream cheese.

Bill: Wait, wait, wait. Excuse me.

I'm gonna ask my client to walk right out of here

if the tenor of this deposition continues.

What tenor are you talking about?

I want the record to reflect that Mr. Fusilier

was laughing about some of these questions.

Oh, please. I think Mr. Mermelstein

understands that I am not laughing.

Now, what took place in those death camps

is a very serious matter to Mr. Mermelstein

and to millions of others!

We were not there.

And it is not that serious.

We are not in mourning here, and I have not laughed.

Mr. Mermelstein, do you think that I am laughing at you?

You have been laughing, Mr. Fusilier.

I'm sorry to pursue this, sir, but we're almost done here.

You have said that in Auschwitz-birkenau,

you saw people,

including your mother and sisters,

go into a chamber.

[ Wearily ] Yes.

There were gas chambers disguised as shower rooms.

That's correct.

On may 22, 1944.

To be exact, it was the morning of the 22nd.

I saw this with my own eyes.

They went in.

[ Sniffles, sobs ]

[ Voice breaking ] They went in.

And I looked at the other end

to see if people were coming out, and there...

There were no windows?

No.

You could not see in?

No!

Was there a back door?

There was a -- a front door and a -- and a back door.

Yes.

So, you watch your mother and sisters enter,

and you're watching the back door.

And they never come out.

Could you see the back door?

[ Sniffles ] No.

Was there a stairway coming out in the back?

No.

There was no back door there?

No.

But you just said you watched the back.

Was that a wrong expression you used?

Do you know whether or not bodies can be burned in pits?

Sure.

Do you know how long it takes to burn a body?

No!

Do you know whether or not himmler gave orders

concerning corporeal punishment of inmates?

No!

Now you're answering the questions correctly,

Mr. Mermelstein.

Do you know the location --

the conclusion by the German Auschwitz trial,

of any of the crematories one through four?

Other than what you have said

about your mother and two sisters,

do you know the name of any person

that was gassed within the confines

of any German concentration camp?

You do not know any of the names?

Bill: There were many other names.

The question was asked and answered three hours ago.

Do you know the names and addresses

[laughing] Of any other witnesses?

[ Piano plays ]

[ Speaks indistinctly ]

No. You're gonna mess it up again.

Oh, please. I won't mess it up.

Yeah, you will. No, I won't.

Yes, you will. Hey, Edie.

[ Piano music continues ]

Mel!

Papa.

Are you all right?

Dad, how was it?

[ Clears throat ]

Get your father a glass of water.

What is it, Mel? A cold?

Trouble with my voice.

You should sit down, dad.

Yeah. All right.

Yeah.

Mel, w-what happened?

Thanks.

Was it so terrible?

Oh...

I'll tell you something.

They could all be right.

I could make a mistake, Cox could make a mistake,

the judge could say anything.

Mel.

I realized today

while I was answering the questions,

we could lose.

We could lose.

We could lose the case.

Man: Can we please just get one picture of your family?

Please?

[ All shouting questions ]

Judge: We will now proceed with the case

of mermelstein vs. The institute for historical review.

Please state your appearances.

William Cox, appearing on behalf

of the plaintiff, Mel mermelstein.

Richard fusilier,

for defendants, the institute for historical review.

The court has before it this morning a number of motions.

The court has read and considered all the documents

that you all have submitted with regard to those motions.

Now let US proceed.

I will be interested in hearing argument from you all

with respect to the plaintiff's request

that judicial notice be taken of the fact

that Jews were gassed to death

in Auschwitz concentration camp in Poland in the summer of 1944.

I would like to hear argument with respect

to evidence code 451(H), 451(F), among other points.

Now, another fact

that I think that should be considered at this point

is that whether the request for the taking of judicial notice

is a fact that is truly relevant to the central dispute.

Do you wish to be heard on your request for judicial notice?

Yes, your honor, I do.

This is precisely the kind of case

where it is incumbent upon the court to take judicial notice.

Your honor, this is not simply a case of breach of contract.

There's more here than that -- much more.

Since world war ii, in every trial concerning this matter --

the nuremberg trial, the Auschwitz trial,

the trial of Adolf eichmann in Israel --

never once was there a denial of the fact

that there was an extermination program

and that Jews were gassed at Auschwitz.

We say that the I.H.R. -- The defendant here --

has taken a fact of history and twisted it

so as to create a great lie.

We say that we are here today

because this is a matter of grave concern,

not only to Mr. Mermelstein,

but to the thousands of survivors

and to the people of this community.

This is a matter of recognizing history.

Fusilier: Pardon me, what history says

and what the facts are may not be the same.

Napoleon said,

"what is history but a fable agreed upon?"

What is at issue here in this dispute?

The crux of the situation is my clients, the defendant,

wanted somebody to offer proof.

The issue is whether Mr. Mermelstein

can prove what he claims to be true.

The dispute is whether there was a holocaust.

If Jews were gassed at Auschwitz is what must be proved,

and it has certainly not been proved

in this courtroom up to this point.

[ Spectators murmur ]

[ Gavel taps ]

Your honor, we have here

someone who has tried very hard to deal with this.

He has tried as best he could to deal with this

in a psychologically healthy way,

and, in fact, he has done that.

He has built a small, successful business,

he has married, he has had children.

He's done well in life.

And then along comes this steamroller

and says, "no, no, no, no, no, no, no.

"Your mother and your two sisters did not die.

"Your father and your brother --

they're probably all living in Russia somewhere,"

according to Mr. Brandon, are under assumed names in Israel.

Well, your honor, if it's true that those people did escape...

...where -- where are the children?

A whole generation.

Where are the babies?

Where are the babies?

They were put to death.

That's entrapment.

I object.

Excuse me, your honor,

the contract calls for Mr. Mermelstein

to prove that the holocaust took place.

I don't see the issue --

your honor, what occurs here will be widely seen,

widely reported, and will have a serious effect

on millions of people.

There's more at stake here

than Mr. Fusilier and his client's contract.

Objection is overruled.

[ Spectators murmur ]

Your honor, I'd like the court's permission

to have Mr. Mermelstein take the stand.

Judge: Very well.

Man: Raise your right hand.

Do you solemnly swear that the testimony you're about to give

is the truth, the whole truth, and nothing but the truth,

so help you god?

I do.

Please state your name.

Mel mermelstein.

Mr. Mermelstein... You have a-a museum

at your place of work, don't you?

Yes. That's correct.

Could you describe it to US, please?

It's an exhibit... Of the holocaust.

I have artifacts, mementos from the camps and such.

Concentration camps?

Yes, correct.

And at various times,

you have spoken to groups of people

on the subject of the holocaust.

Is that correct?

Yes.

To schools, civic groups, whoever will listen.

Well, this museum and these speeches that you give --

what's that all about?

Why do you do that?

Mr. Mermelstein, why do you choose to make speeches

about something that happened almost 40 years ago?

Why do you continue to do that?

So that people will never forget

what we've done to each other,

what the human race is capable of,

and because I made a promise.

Promise? What promise?

In Auschwitz.

It was a promise that I made to my father.

I remember his words before he died.

Before my brother died,

he said to US, "promise me this.

"Promise that if either of you lives through this inferno,

"you'll be a witness to the world

about what went on here."

And I made him that promise.

My brother and I, we both promised.

I am the only one who lived, so I keep it.

Your honor, can you understand what it means

to have your entire family murdered --

murdered and then years later,

to have these haters come and say it never happened --

"never happened.

You're a liar for telling what you saw."

When I was 17 years old, I had a family.

I had a father and I had a mother,

I had a brother, two sisters,

and we were all taken together in a boxcar

with hundreds of other people to Auschwitz-birkenau.

And the day after we arrived,

my mother and my sisters

were put into the gas chambers there,

and they were gassed to death.

And my father and my brother

died in slave labor in the coal mines.

I went into Auschwitz with a family.

And a year later, when the camp was liberated,

my family was gone.

I was alone.

And this is something that I will tell

for as long as I live.

They're not gonna shut me up.

They won't shut me up -- these people.

They will never silence me.

I'll keep the promise that I made to my father.

Your honor, I have no more questions.

Mr. Mermelstein, you may step down.

[ Indistinct conversations ]

[ Gavel taps ]

Under evidence code section 452(H), this court,

responding to the overwhelming amount of documentary evidence,

testimony of witnesses, victims,

even guards at the concentration camps,

the scholarship of historians of unquestioned authority,

as well as the eyewitness evidence

provided by Mr. Mermelstein here today,

this court does take judicial notice of the fact

that Jews were gassed to death

at Auschwitz concentration camp in Poland.

And that the holocaust is not reasonably subject to dispute.

And that it's capable

of immediate and accurate determination

by a resort to sources

of reasonably indisputable accuracy.

It is simply a fact.

[ Cheers and applause ]

Man: As a result

of mermelstein vs. Institute for historical review,

the holocaust became a recognized fact

in the United States court for the first time.

The institute subsequently made a financial settlement

and signed a letter of apology to Mel mermelstein

and other survivors of the holocaust.

However, despite the court ruling and settlement,

the institute maintains

that there were no homicidal gas chambers at Auschwitz.

Around the world, other individuals and groups

still preach the lie that the holocaust never took place.

The fight against racism, hate, and prejudice continues.