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Arthur Topham’s Political Beliefs May Just Be Illegal

The Extraordinary Trial of Arthur Topham: Part 3

By Eve Mykytyn | Dissident Voice | November 29, 2015

On November 7, Arthur Topham was convicted of inciting hatred against a racial group, the Jewish people. Mr. Topham maintains a website, Radical Free Press, in which he publishes and comments upon various documents. These documents include The Elders of the Protocols of Zion, various anti-Zionist texts, and a tract entitled Germany Must Perish, first published in 1941 and then satirized by Mr. Topham as Israel Must Perish.

Mr. Topham’s defense rested primarily on the theory that his writing was not directed at Jews as a race or religion, but rather at the politics espoused by a number of Jewish people. The best discussion of this topic is by Gilad Atzmon, contained in his book, The Wandering Who?. The basic take away for considering the implications of Mr. Topham’s criminal conviction is that some people conflate Judaism as a religion, an ethnic heritage AND with a political view, not always consistent, that generally favors Israel’s perceived benefit.

Canada has a lobby entitled Center for Israel and Jewish Affairs (CIJA) that lobbies the Canadian government on behalf of Israel. Mr. Rudner, who had lodged various complaints about Mr. Topham in the past and was the Crown’s expert in Mr. Topham’s case, has worked for CIJA or its predecessor for 15 years. So the Crown relied upon the testimony of a man who lobbies for Israel (clearly a political entity) for proof of anti Semitic content and potential harm to Jewish people. His appearance in tiny Quesnel is testimony to the political importance that his organization places on silencing Mr. Topham. (The original witness scheduled to testify, Mr. Farber was a former colleague of Rudner’s, and apparently the two are close enough that Mr. Rudner’s written testimony was an exact duplicate of Mr. Farber’s original.)

Since Mr. Topham was accused of anti-Semitism, let’s look at the term. The quote below is from the Holocaust Encyclopedia, published and maintained by the United States Holocaust Museum so it is probably safe to assume that this is a standard definition.

The word antisemitism means prejudice against or hatred of Jews. The Holocaust, the state-sponsored persecution and
murder of European Jews by Nazi Germany and its collaborators between 1933and 1945, is history’s most extreme example of antisemitism. In 1879, German journalist Wilhelm Marr originated the term antisemitism, denoting the hatred of Jews, and also hatred of various liberal, cosmopolitan, and international political trends of the eighteenth and nineteenth centuries often associated with Jews. The trends under attack included equal civil rights, constitutional democracy, free trade, socialism, finance capitalism, and pacifism.

Interesting that, in the first paragraph of its section on anti-Semitism, the encyclopedia blends together the concepts of ‘hatred of the Jews’ with opposition to various political and social movements generally associated with Jews. This is puzzling. Is it anti-Semitism to oppose socialism or is it anti-Semitic to oppose finance capitalism? While one could oppose both, it would be impossible to espouse either view without rejecting the other. I assume the author did not intend to imply that opposition to socialism, for instance, is anti-Semitic even if such opposition is from a fellow Jew.

I bring this up because this is precisely what I believe happened in Mr. Topham’s case. Mr. Topham was charged with two counts of inciting hatred over different periods of time. The jury found him guilty on the first count and not guilty on the second. Of course there are many possible explanations for a split verdict (none of which the jury is allowed to discuss even after trial without committing what the judge termed a ‘criminal’ offense). The observers, including myself, tended to believe that the discrepancy in the verdicts was a result of the text Germany Must Perish and its satirization by Mr. Topham in Israel Must Perish, a text that appeared on his website during the period for which Mr. Topham was found guilty.

The original text of Germany Must Perish was written in 1941 by Theodore Kaufman, an American Jewish man. The text was originally self-published, but was apparently advertized and reviewed by the New York Times, the Wall Street Journal, and Time magazine. In any case, the publication was well known enough to have been read in Germany and was cited by Hitler and Goebbels as evidence of the bad intention of the Jews. The book is horrendous. Its semi-literate ravings are a ridiculous indictment of the German people and their warlike nature. Kaufman advocates sterilization of the Germans as the only possible remedy. At best, the author is confusing all Germans with Nazis, but that is not what the book says. Mr. Topham’s satire in which he substitutes the words ‘Israel’ for Germany and ‘Zionists’ for Germans helps to make the original text comprehensible. The satire hopefully provides some insight into how these words might have been viewed by Germans in 1941. The proof that the works were effective but the satire was not understood, is that Mr. Topham faced criminal charges for aping Kaufman’s words.

In its case, the Crown made the point that Israel Must Perish was a horrible text. The Crown argued that the fact that the words were originally written by a Jewish man to indict the Germans did not kosher the text. “Jews,” the Crown said, “could write anti-Semitic things too.” Presumably her next case will be against a Jew for inciting hatred against the Jewish people. Mr. Topham was making a political point. I believe he was trying to convey the idea that Israel and Zionists could seem very much like Germans and Nazism in 1941. It is not necessary to agree with Mr. Topham’s point to understand it.

If I am right and it was this text that caused Mr. Topham’s conviction, then that is an important indictment against Canada’s admirable attempts to limit ‘hate’ speech while allowing freedom of political speech. Mr. Topham’s criminal conviction may well have been the result of a misunderstanding that Mr. Topham was criticizing Israel and Zionism and not Jews as a race. Germany and Israel are political constructs, Germans may not be, but Zionists, or those who support establishment of the state of Israel are, by definition, espousing a political cause. So, Mr. Topham criticized the political cause of the Zionists. Is there a way in which Canada’s laws would allow Mr. Topham’s political views to find an outlet? Perhaps Canada ought to make criticism of Israel legally off limits so that Canadians may adjust their behavior accordingly.


Eve Mykytyn graduated from Boston University School of Law and was admitted to bar of the state of New York.

November 29, 2015 Posted by | Civil Liberties, Full Spectrum Dominance, Timeless or most popular | , , , , , | 1 Comment

The Extraordinary Trial of Arthur Topham: Part 2

By Eve Mykytyn | Dissident Voice | November 14, 2015

Read Part 1.

On November 12th the jury found Mr. Topham guilty of ‘inciting hate.’ This leads to a few questions.

First, the jury found Mr. Topham guilty on Count 1 but not guilty on Count 2. Ordinarily, this is a result we are comfortable with since the state (the Crown) may have proved ‘beyond a reasonable doubt’ that a defendant committed an assault but not have shown sufficient evidence of battery. Mr. Topham’s case is different. He was charged with two virtually identical counts, both relating to his website but covering different periods of time, that is, count 1 was for the period from April 28, 2011 to May 4, 2012, and count 2 was for January 29, 2013 to December 11, 2013.

If Mr. Topham intended to incite hate, would he really have changed his mind in the brief period between counts 1 and 2? We will never know what the jury relied upon; in yet another abrogation of free speech, the jury was threatened that if they spoke to anyone about their deliberations, they would be committing a criminal offense. How is the public supposed to understand the mysterious machinations of the term ‘hate’ without knowing what caused a jury to convict a fellow citizen of such a crime?

Hate is a crime the essential elements of which have been left undefined. As a writer, one must not only discern from the miasma what constitutes ‘hate’ but also guess what elements a jury will find persuasive. If one of the main goals of the criminal law is to prevent certain behavior then clarity of what such behavior is, is essential. What can Canadians say? May they say they disagree strongly with a particular group? What evidence can one print in support of their disagreement? Surely, it is not the defendant’s responsibility that a particular political group is also associated with an ethnic identity and a religion. The Crown, by controlling website content through its ‘hate’ law, is controlling not only what Canadians may say but also what Canadians may read. Mr. Topham’s is not the only blog to criticize Israel and Zionism. Should Canadians then read political criticism only from other countries? Very troubling.

Second, the crown had almost 2 years to prepare its case. Its evidence was contained in 4 binders. Many of the pages were illegible and the Crown itself seemed to have extraordinary difficulties in citing to its own arguments. The defense quite properly objected. The Crown wanted to provide clear copies of the illegible pages in yet another binder cross referenced to the originals. The trial could have been an exercise in maze solving. Judge Butler ruled that the Crown had to provide legible copies. This seemed to present a large obstacle and endless court time was wasted in discussions of printing costs, etc. As a foreign observer it seemed ironic that the crown spent $190 an hour on its expert witness, who as an earlier independent complainant against Mr. Topham might have been willing to accept less, and I don’t know how much money on ‘security’ but had so much trouble producing legible copies.

I belabor this point because it is very odd for the prosecution to allow its evidence to be blurry. I would expect in proving an elusive crime like ‘hate’ they would want their evidence to be as clear and convincing as possible. Was the intent to confuse the jury? Was the Crown merely incompetent? This is not impossible. The judge spent much time instructing the crown’s representative, Ms. Johnston, on procedural issues. This gave me the impression (and perhaps the jurors as well?) that the judge was helping and thus favoring the prosecution. Surely this was unintentional on Judge Butler’s part.

Third, and this relates to point two, the jury was given 62 pages of ‘charges’ (or what Americans call jury instructions). Even if all twelve jurors, ordinary men and women, are speed readers, how are they to read and evaluate 62 pages of instructions and then apply them to four binders? The plethora of material leads me to suspect that the jury was not intended to read the material at all. This would tend the jury toward a guilty verdict.

There is not a sinister act by the jury. They were asked to sit through weeks of testimony about Jewish politics, history, religion, and identity. Jury selection would have excluded anyone who was actually interested in such topics. They were handed stacks of paper. Faced with these circumstances, they presumably decided that the Crown and the judge worked for their province and had British Columbia’s best interests at heart. It is actually a testimony to the weakness of the Crown’s case that Mr. Topham was found not guilty at all.

The battle is not over. Following the verdict, both sides indicated that they intended to appeal. (Here Canada differs from the United States where prosecutors can appeal only under very limited circumstances). The Crown asked that Mr. Topham’s bail restrictions be changed and that his website be taken down. Judge Butler did not decide these issues because first, as the defense pointed out, these requests were improperly made. Mr. Topham intends to present a Charter (constitutional) argument that the judge had stayed at the beginning of the trial so that the ‘facts’ of the case could be more fully developed at trial.

Eve Mykytyn graduated from Boston University School of Law and was admitted to bar of the state of New York.

November 15, 2015 Posted by | Civil Liberties, Full Spectrum Dominance | , , , | Leave a comment

Arthur Topham vs Theodore Nathan Kaufman

By Gilad Atzmon | November 13, 2015

Arthur Topham, the man behind Radical Press, was found guilty yesterday on one count of communicating statements that “wilfully promote hatred against an identifiable group.”

Some Canadians such as Harry Abrams, former B.C. representative for the League of Human Rights for B’nai Brith Canada, were thrilled. “Canada says that you should be able to walk in peace and not be fearful to be victimized, to be vilified, because of who you are or who you were born as,” Abrams told CBC News. But Topham, who has been married to a Jewish woman for over 37 years, doesn’t criticise or vilify Jews for who they are or the family into which they were born. He actually criticises some Jews, like Abrams, who subscribe to some particularly noxious tribally exclusive politics and ideology. Topham must have wrongly assumed that in a Western society, all forms of politics and ideologies, including Jewish ones, must be subject to criticism.

Topham’s case is full of surprises. Topham was found guilty on ‘count one’ but not guilty on ‘count two.’ But the two counts are pretty much identical in meaning, content and context. Both counts refer to “communication of statements, other than in private conversation, that wilfully promote hatred against an identifiable group, people of the Jewish religion or ethnic origin, contrary to Section 319(2) of the Criminal Code.“ The two counts differ only in the dates they cover.

Some commentators and legal experts speculated yesterday what led the jury to form such an inconsistent ruling.  The documents, books and texts disseminated by Topham on his site (The Radical Press ) within the period covered by both counts are all widely available to the Canadian public on many on-line outlets including amazon.ca. The one document on Topham’s site that has not been widely available recently is: ‘Israel Must Perish!’

In fact, ‘Israel Must Perish!’ is a hateful text. It promotes hatred against an ‘identifiable group.’ The book advocates the genocide through sterilization of all Israelis and the territorial dismemberment of Zion. The text is a deeply problematic pamphlet that demands the strongest possible condemnation, except that it wasn’t really written by Arthur Topham. ‘Israel Must Perish!’ was actually written by a politically driven Zionist Jew named Theodore N. Kaufman in 1941 under the title ‘Germany Must Perish!’ While ‘Germany Must Perish!’, is advocating the extinction of all Germans, Topham’s ‘Israel Must Perish!’ is clearly a satire, quoting as it does,verbaitm from Kaufman’s original (He substitutes the word ‘Israel’ for ‘Germany’ and ‘Zionist(s) for German(s).)

Topham’s satire, published in 2011, was obviously intended to make Israelis and Zionists reflect on their politics following a decade of extensive Jewish lobby advocacy of more and more immoral interventionist wars (Iraq, Syria, Libya, Iran etc). ‘Israeli Must Perish!’ is a mirror placed in front of the forgotten Kaufman’s ‘Germany Must Perish!’ Presumably, Topham saw some applicability of a critique of Germany in 1941 to Israel and global Zionism today.

If history is the attempt to narrate the past as we move along, then the return to Kaufman’s text couldn’t be more timely and essential. In an interview in the September 26, 1941, issue of The Canadian Jewish Chronicle, Kaufman attempted to justify his plan for the “sterilization of all Germans”. He said:

“I believe, that the Jews have a mission in life. They must see to it that the nations of the world get together in one vast federation. ‘Union Now’ is the beginning of this. Slowly but surely the world will develop into a paradise. We will have perpetual peace. And the Jews will do the most to bring about this confederation, because they have the most to gain. … Let us sterilize all Germans and wars of world domination will come to an end!” (Harold U. Ribalow (September 26, 1941). “Hitler Will Be Nothing But A Rosebud Says Author ‘Germany Must Perish!’. One Man’s Plan For Peace Forever”. The Canadian Jewish Chronicle. p. 5. Retrieved December 4, 2011.)

At the time, Kaufman’s book was widely quoted in Germany as evidence of a Jewish plan for genocide against the German people. Goebbels wrote,

“Thanks to the Jew Kaufman, we Germans know only too well what to expect in case of defeat.”

American journalist Howard K. Smith was in Germany when Germany Must Perish! became known. He wrote:

“No man has ever done so irresponsible a disservice to the cause his nation is fighting and suffering for than Nathan Kaufman. His half-baked brochure provided the Nazis with one of the best light artillery pieces they have, for, used as the Nazis used it, it served to bolster up that terror which forces Germans who dislike the Nazis to support, fight and die to keep Nazism alive …”( Howard K. Smith, Last Train from Berlin (London: Phoenix Pr., 1942), 134)

When the Jews of Hanover were evicted on September 8, 1941, the local authorities cited Kaufman’s book as one of the reasons. The well respected German philosopher and historian Ernst Nolte argued recently that the German reaction to ‘Germany Must Perish!’ supports his view that WWII was a genuine response to German knowledge of a worldwide Jewish plot.

And yet, Kaufman’s book was concealed for 7 decades. It didn’t fit into the Zionist Shoah narrative. It was, in fact, Arthur Topham and his crude satire that brought Kaufman’s hateful text to our attention.

Topham’s crime is obvious, the radical man is guilty of unveiling some shameful corners in Jewish past, exposing some documents Jews would prefer to keep deep under the carpet.

If Topham has to be penalised for contextualizing Israeli present within a Jewish historical continuum, we may have to accept it. Within the western ethos often enough the brave truth teller pays heavily for other people’s sins. But we should never forget that that within the same Western ethos, the truth has the unique capacity to resurrect itself.

Make sure to save a copy of Germany Must Perish! onto your HD before it is removed by the Canadian thought police: http://www.radicalpress.com/?page_id=1314

November 13, 2015 Posted by | Civil Liberties, Full Spectrum Dominance, Subjugation - Torture, Timeless or most popular, Wars for Israel | , , , , | 1 Comment