Never Forget (1991) - full transcript

[ 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.