David Irving contends that Eberstein was a witness to Hitler's anger on that night, and that his testimony at Nuremberg helped prove that Hitler did not approve of "Kristallnacht". This claim was refuted at the "Irving v. Lipstadt" trial, when Irving sued Lipstadt for calling him a Holocaust denier. Evans, in defense of Lipstadt, claimed that it made no sense for Eberstein to send his telegram of 2:10 a.m. if he had earlier that night listened to Hitler tirade angrily against the pogrom. The judge at the trial agreed that Irving "seriously misrepresents the available contemporaneous evidence".